8/13/2019 22783337 Magtajas v Pryce Properties Digest

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MAYOR MAGTAJAS & CITY OF CAGAYAN v. PRYCE PROPERTIES & PAGCOR

Facts:

PAGCOR decided to expand its operations to Cagayan de Oro City. To this end, it leased aportion of a building belonging to Pryce Properties Corporation, Inc., renovated and equipped the same,and prepared to inaugurate its casino there during the Christmas season.

. Civic organizations angrily denounced the project. The religious elements echoed the objectionand so did the women's groups and the youth. Demonstrations were led by the mayor and the citylegislators. The media trumpeted the protest, describing the casino as an affront to the welfare of the city.

The contention of the petitioners is that it is violative of the Sangguniang Panlungsod of Cagayande Oro City Ordinance No. 3353 prohibiting the use of buildings for the operation of a casino andOrdinance No. 3375-93 prohibiting the operation of casinos.

On the other hand, the respondents invoke P.D. 1869 which created PAGCOR to help centralizeand regulate all games of chance, including casinos on land and sea within the territorial jurisdiction of thePhilippines.

The Court of Appeals ruled in favor of the respondents. Hence, the petition for review.

Issue: Whether or not the Ordinance No. 3353 and Ordinance No. 3375-93 are valid

Held: No

Ratio:

Cagayan de Oro City, like other local political subdivisions, is empowered to enact ordinances forthe purposes indicated in the Local Government Code. It is expressly vested with the police power underwhat is known as the General Welfare Clause now embodied in Section 16 as follows:

***Sec. 16. General Welfare. Every local government unit shall exercise the powersexpressly granted, those necessarily implied therefrom, as well as powers necessary,appropriate, or incidental for its efficient and effective governance, and those which are essentialto the promotion of the general welfare. Within their respective territorial jurisdictions, localgovernment units shall ensure and support, among other things, the preservation and enrichmentof culture, promote health and safety, enhance the right of the people to a balanced ecology,encourage and support the development of appropriate and self-reliant scientific andtechnological capabilities, improve public morals, enhance economic prosperity and social justice,promote full employment among their residents, maintain peace and order, and preserve thecomfort and convenience of their inhabitants.

There is a requirement that the ordinances should not contravene a statute. Municipalgovernments are only agents of the national government. Local councils exercise only delegatedlegislative powers conferred on them by Congress as the national lawmaking body. The delegate cannotbe superior to the principal or exercise powers higher than those of the latter. It is a heresy to suggestthat the local government units can undo the acts of Congress, from which they have derived their powerin the first place, and negate by mere ordinance the mandate of the statute.

Casino gambling is authorized by P.D. 1869. This decree has the status of a statute that cannotbe amended or nullified by a mere ordinance.

Therefore, the petition is DENIED and the challenged decision of the Court of Appeals is AFFIRMED.