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TRO
stops ban on weekdays cockfights
By: KIT BAGAIPO
The Regional Trial Court (RTC) issued yesterday a 72-hour
temporary restraining order preventing the PNP to implement
a directive issued by Gov. Erico Aumentado prohibiting cockfights
on days other than Sunday.
The
governor, through Bohol PNP Director SSupt. Edgardo Ingking,
has issued an ultimatum on cockpit owners and operators barring
cockfights from Monday to Saturday starting January 1.
However,
a petition was filed by the Bohol Cockpit Operators Association
by two of its members, Arturo Tan and Peter Emman Mende, last
Friday for an injunction and TRO.
The
TRO, issued by RTC Executive Judge Fernando Fuentes III, may
be extended after the case will be raffled tomorrow to one
of the presiding judges at the RTC multiple salas.
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In
their petition, Tan and Mende (registered owners and
operators of the Duero and Dauis cockpits), stated that
for several years now, they been authorized by their
respective Sangguniang Bayan to conduct cockfights other
than Sunday.
Duero
and Dauis holds cockfights on Saturdays as allowed by
their municipal governments.
According
to the petitioners, the provincial police "has
attempted to stop and continues to threaten cockfighting
in the province…" citing as basis PD 449 known
as the Cockfighting Law and the governor's Executive
Order 02-A-01, both limiting cockfighting days on Sundays
and holidays.
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Ingking
has ordered all municipal police stations to implement the
ban and issued guidelines in the granting of authority in
holding special cockfights.
According
to the petitioners, Ingking's order is "effectively usurping
the authorities to regulate cockfighting from the local government
units."
The
petitioners further argued that "PD 449 has already been
supplanted by RA 7160" where the authority to issue license
for the establishment and operation of cockpits, and to regulate
cockfighting has been transferred to the Sangguniang Bayan.
"Since
the petitioners' respective franchises and permits have been
issued by public officials in the regular performance of their
official functions, then they should be accorded presumption
of validity, so unless the ordinances or resolution granting
them their franchises and permits are declared invalid by
competent authorities, they are presumed valid," the
petition stated.
The
petitioners added that if they are not allowed to hold their
regular cockfighting activities as specified in their license,
then they are not authorized to conduct cockfights during
Sundays.
The
Bohol Cockpit Operators Association after a meeting last December
27, has appealed to Aumentado to reconsider implementing his
order since they will "suffer irrecoverable business
opportunity losses, while the municipalities will also stand
to lose revenues."
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