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    Jaworski Vs Pagcor Digest

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    Ace Spade Seclon Espenido
    This document discusses a case where PAGCOR, a Philippine government corporation granted with operating casinos and games, entered into an agreement with SAGE allowing SAGE to operate internet gambling. A Senator filed a petition arguing PAGCOR did not have the authority to grant such operations to another entity. The Supreme Court ultimately ruled that while PAGCOR can enter contracts, it could not relinquish or share its own legislative franchise granted by Congress.

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    Jaworski Vs Pagcor Digest

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    Ace Spade Seclon Espenido
    35 views1 page
    This document discusses a case where PAGCOR, a Philippine government corporation granted with operating casinos and games, entered into an agreement with SAGE allowing SAGE to operate internet gambling. A Senator filed a petition arguing PAGCOR did not have the authority to grant such operations to another entity. The Supreme Court ultimately ruled that while PAGCOR can enter contracts, it could not relinquish or share its own legislative franchise granted by Congress.

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    Jaworski vs Pagcor Digest

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    This document discusses a case where PAGCOR, a Philippine government corporation granted with operating casinos and games, entered into an agreement with SAGE allowing SAGE to operate internet gambling. A Senator filed a petition arguing PAGCOR did not have the authority to grant such operations to another entity. The Supreme Court ultimately ruled that while PAGCOR can enter contracts, it could not relinquish or share its own legislative franchise granted by Congress.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views1 page

    Jaworski Vs Pagcor Digest

    Uploaded by

    Ace Spade Seclon Espenido
    This document discusses a case where PAGCOR, a Philippine government corporation granted with operating casinos and games, entered into an agreement with SAGE allowing SAGE to operate internet gambling. A Senator filed a petition arguing PAGCOR did not have the authority to grant such operations to another entity. The Supreme Court ultimately ruled that while PAGCOR can enter contracts, it could not relinquish or share its own legislative franchise granted by Congress.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 1

    Jaworski vs.

    Philippine Amusement and management contracts, it is not allowed under the same
    Gaming Corporation (PAGCOR) charter to relinquish or share its franchise, much less
    grant a veritable franchise to another entity such as
    SAGE. PAGCOR can not delegate its power in view of
    Facts: PAGCOR is a GOCC existing under PD 1869,
    the legal principle of delegata potestas delegare non
    issued on 11 July 1983 by then President Ferdinand
    potest, inasmuch as there is nothing in the charter to
    Marcos. The PAGCOR was granted the authority to
    show that it has been expressly authorized to do so.
    operate and maintain gambling casinos, clubs, and other
    recreation or amusement places, sports, gaming pools,
    i.e. basketball,football, lotteries, etc. for a period of 25
    years, renewable for another 25 years. NOTES:
    On 31March 1998, PAGCOR¶ granted SAGE
    the authority to operate and maintain Sports Betting
    station in PAGCOR¶s casino locations, and Internet
    Gaming facilities to service local and
    international bettors. Pursuant to the authority granted
    by PAGCOR, SAGE commenced its operations
    by conducting gambling on the Internet on a trial-run
    basis, making pre-paid cards and redemption of
    winnings available at various Bingo Bonanza outlets.

    Senator Robert S. Jaworski, in his capacity as


    member of the Senate and Chairman of the Senate
    Committee on Games, Amusement and Sports, files the
    petition for certiorari and prohibition, praying that the
    grant of authority by PAGCOR in favor of SAGE be
    nullified. He maintains that PAGCOR committed grave
    abuse of discretion amounting to lack or excess of
    jurisdiction when it authorized SAGE to operate
    gambling on the internet. He contends that PAGCOR is
    not authorized under its legislative franchise, P.D. 1869,
    to operate gambling on the internet for the simple reason
    that the said decree could not have possibly
    contemplated internet gambling since at the time of its
    enactment the internet was yet inexistent and gambling
    activities were confined exclusively to real-space.
    Further,he argues that the internet, being an
    international network of computers, necessarily
    transcends the territorial jurisdiction of the Philippines,
    and the grant to SAGE of authority to operate internet
    gambling contravenes the limitation in PAGCOR’s
    franchise.

    Issue: Whether PAGCOR’s legislative franchise include


    the right to vest another entity, SAGE, with the authority
    to operate Internet gambling.

    Held: A legislative franchise is a special privilege


    granted by the state to corporations. It is a privilege of
    public concern which cannot be exercised at will and
    pleasure, but should be reserved for public control and
    administration; either by the government directly, or by
    public agents, under such conditions and regulations as
    the government may impose on them in the interest of
    the public. It is Congress that prescribes the conditions
    on which the grant of the franchise may be made. Thus
    the manner of granting the franchise, to whom it may be
    granted, the mode of conducting the business, the
    charter and the quality of the service to be rendered and
    the duty of the grantee to the public in exercising the
    franchise are almost always defined in clear and
    unequivocal language. Herein, PAGCOR has acted
    beyond the limits of its authority when it passed on or
    shared its franchise to SAGE. While PAGCOR is allowed
    under its charter to enter into operator’s and/or

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