Gamblers
and cockfighting aficionados in the province will have to wait until every Sunday
and holidays to indulge in their favorite pastime.
This
as the Regional Trial Court (RTC) upheld restrictions to the holding of cockfights
imposed by Gov. Erico Aumentado through the Bohol Police Provincial Office, allowing
the popular Filipino gambling tradition to | |  FILIPINO
TRADITION. - Cockfigthing (sabong) remains to be a Filipino game of chance
which is usually done during Sundays and holidays, these days of which, the court
rules to be the only days to hold cockfigthing in Bohol. |
be
held only on Sundays and legal holidays.Pursuant
to provisions of the Cockfighting Law of 1974, Aumentado issued Executive Order
02-A-01 which was strictly enforced by Police Provincial Director SSupt. Edgardo
Ingking in November 2007 in a massive anti-illegal gambling drive throughout the
province.
Cockpit
owners and operators, many of whom are town mayors and prominent businessmen,
clashed with Ingking that eventually brought the legality of banning cockfights
held during days other than Sunday and holidays to the court.
The
Bohol Cockpit Operators Association, led by Arturo Tan and lawyer Peter Emman
Mende as operators of the Duero and Dauis cockpit arenas, filed a petition against
Ingking in December 2007.
The group obtained a temporary restraining order
(TRO) from the RTC as Ingking threatened to shut down cockpits that violate the
governor's order and arrest operators and gamblers alike.
| | | Cockpit
owners and operators argued on the basis of the authority and permits granted
to them either by the municipal mayor or the Sangguniang Bayan where they are
operating which is also covered by local ordinances.
In
a decision promulgated last January 26, 2009, RTC Branch 1 Presiding Judge Teofilo
Baluma dismissed the petition of the cockpit operators saying "there is no
legal obstacle" for Ingking to implement the cockfighting code and the governor's
executive order. | Baluma's
decision likewise stated that all municipal cockfighting permits, either issued
by town mayors or the Sangguniang Bayan during the period of the resolution of
the case, are cancelled to fully implement the cockfighting law.
The
decision stated that cockfighting should be subject to control or restraints by
local governments as it is a form of gambling.
In
Sec. 5 of the cockfighting law, only licensed cockpits are allowed operate on
Sundays, legal holidays and during local fiestas but not for more than three days.
However,
the law also prohibits cockfights on holidays that are observed for national honor
and pride such as Independence Day (June 12), Heroes Day (November 30) and Rizal
Day (December 30).
Cockfighting
"should neither be exploited as an object of commercialization or business
enterprise nor a toll of uncontrolled gambling", the court ruling stated.
While
local government units under the Local Government Code can issue, regulate the
operation of cockpits and cockfighting, the decision stressed that "it is
far from the intention of the framers of the Code" and that LGUs should not
circumvent "the very purpose of the law to control and limit cockfighting".
"Every
local ordinance must not be contrary to a statute or the Constitution," Baluma's
ruling concluded.
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