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    Lina v. Paño (G.R. No. 129093)

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    Joan Pablo
    The Supreme Court ruled that Kapasiyahan Blg. 508, T. 1995 of the Sangguniang Panlalawigan of Laguna, which prohibited gambling in the province, including lotto operations, was not a valid basis to deny a mayor's permit for a lotto outlet. While the resolution expressed the local government's objection to lotto as a policy statement, it was not a self-executing ordinance and could not prohibit something allowed by Congress. As municipal governments have delegated legislative powers from Congress, they cannot enact ordinances that contradict national laws or prevent the exercise of authority granted by Congress, such as the PCSO's operation of lotteries. The regulation of gambling is determined by Congress based on

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    Lina v. Paño (G.R. No. 129093)

    Uploaded by

    Joan Pablo
    133 views1 page
    The Supreme Court ruled that Kapasiyahan Blg. 508, T. 1995 of the Sangguniang Panlalawigan of Laguna, which prohibited gambling in the province, including lotto operations, was not a valid basis to deny a mayor's permit for a lotto outlet. While the resolution expressed the local government's objection to lotto as a policy statement, it was not a self-executing ordinance and could not prohibit something allowed by Congress. As municipal governments have delegated legislative powers from Congress, they cannot enact ordinances that contradict national laws or prevent the exercise of authority granted by Congress, such as the PCSO's operation of lotteries. The regulation of gambling is determined by Congress based on

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    Lina v Pano

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    The Supreme Court ruled that Kapasiyahan Blg. 508, T. 1995 of the Sangguniang Panlalawigan of Laguna, which prohibited gambling in the province, including lotto operations, was not a valid basis to deny a mayor's permit for a lotto outlet. While the resolution expressed the local government's objection to lotto as a policy statement, it was not a self-executing ordinance and could not prohibit something allowed by Congress. As municipal governments have delegated legislative powers from Congress, they cannot enact ordinances that contradict national laws or prevent the exercise of authority granted by Congress, such as the PCSO's operation of lotteries. The regulation of gambling is determined by Congress based on

    Copyright:

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

    Lina v. Paño (G.R. No. 129093)

    Uploaded by

    Joan Pablo
    The Supreme Court ruled that Kapasiyahan Blg. 508, T. 1995 of the Sangguniang Panlalawigan of Laguna, which prohibited gambling in the province, including lotto operations, was not a valid basis to deny a mayor's permit for a lotto outlet. While the resolution expressed the local government's objection to lotto as a policy statement, it was not a self-executing ordinance and could not prohibit something allowed by Congress. As municipal governments have delegated legislative powers from Congress, they cannot enact ordinances that contradict national laws or prevent the exercise of authority granted by Congress, such as the PCSO's operation of lotteries. The regulation of gambling is determined by Congress based on

    Copyright:

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

    Lina v. Paño (G.R. No.

    129093)
    Facts:
    Private respondent Tony Calvento, was appointed agent by PCSO to install a terminal for
    the operation of lotto, applied for a mayor’s permit to operate a lotto outlet in San
    Pedro,Laguna. It was denied on the ground that an ordinance entitled Kapasiyahan Blg. 508,
    Taon1995 of the Sangguniang Panlalawigan of Laguna prohibited gambling in the
    province,including the operation of lotto. With the denial of his application, private
    respondent filed an action for declaratory relief with prayer for preliminary injunction and
    temporary restraining order. The trial court rendered judgment in favor of private respondent
    enjoining petitioners from implementing or enforcing the subject resolution.

    Issue:
    whether Kapasiyahan Blg. 508, T. 1995 of the Sangguniang Panlalawigan of Laguna and the
    denial of a mayor’s permit based thereon are valid

    Held:
    No.

    The questioned ordinance merely states the “objection” of the council to the said game. It is but a
    mere policy statement on the part of the local council, which is not self-executing. Nor could it
    serve as a valid ground to prohibit the operation of the lotto system in the province of Laguna.
    As a policy statement expressing the local government’s objection to the lotto, such resolution is
    valid. This is part of the local government’s autonomy to air its views which may be contrary to
    that of the national government’s. However, this freedom to exercise contrary views does not
    mean that local governments may actually enact ordinances that go against laws duly
    enacted by Congress. Given this premise, the assailed resolution in this case could not and
    should not be interpreted as a measure or ordinance prohibiting the operation of lotto.

    Moreover, ordinances should not contravene statutes as municipal governments are merely
    agents of the national government. The local councils exercise only delegated legislative
    powers which have been conferred on them by Congress. The delegate cannot be superior
    to the principal or exercise powers higher than those of the latter. This being the case, these
    councils, as delegates, cannot be superior to the principal or exercise powers higher than those of
    the latter. The question of whether gambling should be permitted is for Congress to
    determine, taking into account national and local interests. Since Congress has allowed the
    PCSO to operate lotteries which PCSO seeks to conduct in Laguna, pursuant toits legislative
    grant of authority, the province's Sangguniang Panlalawigan cannot nullify the exercise of
    said authority by preventing something already allowed by Congress.

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