Republic of the Philippines
PROVINCIAL LEGAL OFFICE
Province of Eastern Samar
Capitol Building, Borongan City, Eastern Samar
PLO Opinion No. 19 -02-06-05
February 06, 2019
HON. JONAS B. ABUDA
ACTING VICE-GOVERNOR
AND THE HON. MEMBERS OF THE SANGGUNIANG PANLALAWIGAN
This Province
THRU: MR. FRANKLIN ROBEDIZO
Secretary to the Sangguniang Panlalawigan
Dear Honorable Gentlemen and Ladies:
This Office hereby submits its comments and recommendations on Municipal
Ordinance No. 02, Series of 2018, duly enacted by the Sangguniang Bayan of the
Municipality of Jipapad, Province of Eastern Samar, with the following title:
“AN ORDINANCE REGULATING THE ESTABLISHMENT,
OPERATION AND MAINTENANCE OF COCKPITS, COCKFIGHTING AND
IMPOSING FEES THEREOF, IN THE MUNICIPALITY OF JIPAPAD.”
I. THE SUBJECT ORDINANCE IS WITHIN THE POWERS OF THE
LOCAL GOVERNMENT UNIT OF JIPAPAD TO ENACT:
The subject ordinaces is within the powers of the Sangguniang Bayan of Jipapad to
enact as provided in Section 447 of the Local Government Code of 1991 or Republic
Act 7610 and in within the scope of the Cockfighting law of 1974 or Presidential
Decree 449 as amended by Presidential Decree 1310.
Section 447, of Local Government Code of 1991 or R.A 7610 provides:
Section 447. Powers, Duties, Functions and Compensation. -
(a) The sangguniang bayan, as the legislative body of the
municipality, shall enact ordinances, xxx xxx xxx, and shall:
xxx xxx xxx
(3) xxx xxx, grant franchises, enact ordinances authorizing
the issuance of permits or licenses, or enact ordinances
levying taxes, fees and charges upon such conditions and
for such purposes intended to promote the general welfare
of the inhabitants of the municipality, and pursuant to this
legislative authority shall:
xxx xxx xxx.
(v) Any law to the contrary notwithstanding,
authorize and license the establishment,
operation, and maintenance of cockpits, and
regulate cockfighting and commercial breeding of
gamecocks: Provided, That existing rights should not be
prejudiced;
xxx xxx xxx.
Hence, the Sangguniang Bayan of Jipapad is vested with the power and
authority to legislate the subject ordinance.
I. PENALTIES PROVIDED IN THE ORDINANCE ARE WITHIN THE
POWERS OF THE SANGGUNIANG BAYAN OF MUNICIPALITY OF
JIPAPAD TO IMPOSE:
The aforecited penalties are within the powers of the Sangguniang Bayan of
Dolores to impose pursuant to Section 447, Par. iii, of the Local Government Code
which provides as follows:
Section 447. Powers, Duties, Functions and Compensation. -
(a) The Sangguniang Bayan, as the legislative body of the
municipality, shall enact ordinances, approve resolutions and
appropriate funds for the general welfare of the municipality
and its inhabitants xxx, xxx, xxx and shall:
(1) Approve ordinances and pass resolutions
necessary for an efficient and effective municipal
government, and in this connection shall:
xxx xxx
(iii) Approve ordinances imposing a fine not
exceeding Two thousand five hundred pesos
(P2,500.00) or an imprisonment for a period
not exceeding six (6) months, or both in the
discretion of the court, for the violation of a
municipal ordinance;
xxx xxx.
The Penalties under Municipal Ordinance No. 2 Series of 2018, Article III Section
2 provides:
Article III. Section 2 – Penalties for Violation of the ordinance
Any person or persons who violates any of the provisions of the ordinance
or the rules or regulations promulgate by authority of this ordinance shall, upon
conviction, be punished by a fine of not less than One Thousand Pesos (1,000) nor more
than Two Thousand Five Hundred Pesos (2,500), or imprisonment of not less than one
(1) month nor more than six (6) months, or both fine and imprisonment, or cancellation
of business permit and/or license; at the discretion of the court.
XXX XXX.
Here, the penalties provided in the Article III Section 2 conform to R.A. 7160 or the
Local Government Code in enacting penalties. Therefore, the provision on penalties in
the subject ordinance is within the power of the Sanggunian Bayan of Jipapad to enact.
The ordinance enacted regulating the establishment, operation and maintenance
of the cockpits, cockfighting and imposition of fees is in accordance with the
cockfighting law of 1974 particularly Section 3. Declaration of Policies:
Xxx xxx.
(a) To effectively control and regulate cockfighting towards its
establishment as a national recreation, relaxation and source
of entertainment;
(b) To provide additional revenue for our tourism program; and
(c) To remove and prevent excessive and unreasonable business
operation and profit considerations in the management of
cockpits and, instead preserve Philippine customs and
traditions and thereby enhance our national identity.
Hence, the Sangguniang Bayan of Jipapad acted within its powers and in
accordance with the declared policies under the Cockfighting law of 1974 or PD 449 and
other related laws.
WHEREFORE, premises considered, this Office recommends the approval of
Ordinance No. 2, Series of 2018, as duly enacted by the Sangguniang Bayan of
Municipality of Jipapad.
Prepared by:
RIEL P. VILLALON, L.l.B
Legal Staff
Approved by:
ATTY. BENLY FREDERICK C. BERGONIO
Provincial Legal Officer
