MAYOR PABLO P. MAGTAJAS & THE CITY OF CAGAYAN DE ORO, vs. PRYCE PROPERTIES CORPORATION, INC. & PHILIPPINE AMUSEMENT AND GAMING CORPORATION.
- G.R. Number: G.R. No. 111097
- Promulgated: 1994-07-20
- Ponente: Cruz, J.
Doctrine
The morality of gambling is not a justiciable question; gambling is not illegal per se and its regulation is for the legislature to determine.
PAGCOR's authority under P.D. No. 1869 to centralize and regulate games of chance remains unimpaired by the Local Government Code; local ordinances do not repeal P.D. 1869.
Local ordinances that conflict with P.D. No. 1869 can be construed so as not to apply to PAGCOR; contravention of a law is not necessarily contravention of the Constitution.
Facts
PAGCOR leased and renovated part of a Pryce Properties building to open a casino in Cagayan de Oro in 1992, provoking protests from civic, religious, women and youth groups and demonstrations led by the mayor and city legislators.
City ordinances were enacted to oppose or regulate the casino project, prompting litigation contesting their validity against national law and PAGCOR's authority.
The case raised tensions between local opposition to gambling and PAGCOR's expansion plans into the City.
Issues
Whether the Local Government Code has, pro tanto, repealed P.D. No. 1869 and thereby deprived PAGCOR of its general authority to establish and maintain casinos anywhere in the Philippines.
Whether the City ordinances that sought to prevent the casino are constitutional and effective against PAGCOR's authority under P.D. No. 1869.
Ruling
The Court held that PAGCOR's power to centralize and regulate all games of chance, including casinos, remains unimpaired and that P.D. No. 1869 was not modified by the Local Government Code; the petition was denied and the Court of Appeals decision affirmed with costs.
The Court indicated that the morality of gambling is not a justiciable issue and that gambling is not per se illegal; regulation is within the legislature's discretion.
Keywords
G.R. No. 111097, Ordinance No. 3353, Ordinance No. 3375-93, P.D. 1869, Local Government Code of 1991 (Rep. Act 7160), Article 3, Section 458, No. (4), sub paragraph VI of the Local Government Code of 1991, Article 99, No. (4), Paragraph VI of the implementing rules of the Local Government Code, Basco, et al. v. PAGCOR, G.R. No. 91649, May 14, 1991, 197 SCRA 53, police power, General Welfare Clause, Section 16 of the Local Government Code, Sangguniang Panlungsod, illegal gambling, business permit, revocation of business permit, PAGCOR, Cagayan de Oro City ordinances, constitutionality of P.D. 1869, cagayan, operation