Guideposts on Cockfighting in the Philippines: Local Government Units' Power to Regulate Cockfighting
GUIDEPOSTS ON COCKFIGHTING IN THE PHILIPPINES:
Local Government Units' Power to Regulate Cockfighting
I.
As early as 1901, cockfighting was already recognized as an activity that needed to be regulated. Under Section 40 of Act No. 82, the municipal council was empowered to “license, tax or close cockpits.”
II.
In the 1930s, the Supreme Court thru Justice Villamor said that granting that the policy of the Government is to do away with gambling little by little, with special reference to cockpits, the Legislature has delegated its power over this matter to the municipal council, conferring upon it ample discretion to legislate upon the same, i.e. to regulate or prohibit cockpits.
Such power was referred in the Administrative Code as one of the “certain legislative powers of discretionary character”. (Sec. 2243. Certain legislative powers of discretionary character:
x x x x x x x x x
(i) to regulate cockpits, cockfighting and the keeping or training of fighting cocks, or prohibit either.)
Furthermore, in the said case, the Supreme Court said that the municipal council of Dumaguete, Negros Oriental has used its sound discretion in enacting an ordinance for the opening of cockpits within the limits of its jurisdiction. It said that the municipal council is the best judge of such matters and in the exercise of its discretion, it is not subject to the power of the provincial board to revoke its local legislation because the provincial board only has jurisdiction to hold an ordinance invalid when it has been enacted beyond the powers expressly conferred upon the municipal council.
In another case (October 21, 1939), the Supreme Court thru Chief Justice Avanceña affirmed such power of the municipal council in a case involving the municipality of Tanauan, Leyte. It said that the municipal council is granted by law with the discretion to regulate or prohibit cockpits.
Discretionary power is defined as the authority granted by
Local Government Units' Power to Regulate Cockfighting
I.
As early as 1901, cockfighting was already recognized as an activity that needed to be regulated. Under Section 40 of Act No. 82, the municipal council was empowered to “license, tax or close cockpits.”
II.
In the 1930s, the Supreme Court thru Justice Villamor said that granting that the policy of the Government is to do away with gambling little by little, with special reference to cockpits, the Legislature has delegated its power over this matter to the municipal council, conferring upon it ample discretion to legislate upon the same, i.e. to regulate or prohibit cockpits.
Such power was referred in the Administrative Code as one of the “certain legislative powers of discretionary character”. (Sec. 2243. Certain legislative powers of discretionary character:
x x x x x x x x x
(i) to regulate cockpits, cockfighting and the keeping or training of fighting cocks, or prohibit either.)
Furthermore, in the said case, the Supreme Court said that the municipal council of Dumaguete, Negros Oriental has used its sound discretion in enacting an ordinance for the opening of cockpits within the limits of its jurisdiction. It said that the municipal council is the best judge of such matters and in the exercise of its discretion, it is not subject to the power of the provincial board to revoke its local legislation because the provincial board only has jurisdiction to hold an ordinance invalid when it has been enacted beyond the powers expressly conferred upon the municipal council.
In another case (October 21, 1939), the Supreme Court thru Chief Justice Avanceña affirmed such power of the municipal council in a case involving the municipality of Tanauan, Leyte. It said that the municipal council is granted by law with the discretion to regulate or prohibit cockpits.
Discretionary power is defined as the authority granted by