Rolando N. Canet, Petitioner, vs. Mayor Julieta A. DECENA, Respondent

FIRST DIVISION
[G.R. No. 155344. January 20, 2004]
ROLANDO N. CANET, petitioner, vs. MAYOR JULIETA A.

DECENA, respondent.
DECISION
YNARES-SANTIAGO, J.:
On July 27, 1998, the Sangguniang Bayan of Bula, Camarines Sur,

passed Resolution No. 049, Series of 1998, authorizing petitioner Rolando N.
[1]
Canet to establish, operate and maintain a cockpit in Sitio, Cabaya, San

Roque, Bula, Camarines Sur.
Subsequently, the Sangguniang Bayan passed Ordinance No. 001, Series
of 1999, entitled An Ordinance Regulating the Operation of Cockpits and
Other Related Game-Fowl Activities in the Municipality of Bula, Camarines
Sur and Providing Penalties for any Violation to (sic) the Provisions Thereof.
Upon transmittal to respondent Mayor Julieta A. Decena of the said
[2]
municipality, it was noted that the Ordinance does not contain rules and
regulations on cockfighting and other related game fowl activities and a
separability clause. The Ordinance was returned to the Sangguniang
Bayan. In Resolution No. 078, Series of 1999, Sangguniang Bayan resolved
to withdraw, set aside and shelf indefinitely Ordinance No. 001, Series of
1999. [3]
Meanwhile, petitioner, relying on Resolution No. 049, Series of 1998, of

the Sangguniang Bayan, filed an application for a mayors permit to operate,
establish and maintain a cockpit in Sitio Cabuya, San Roque, Bula,
Camarines Sur. Respondent Mayor Julieta Decena denied the application on
the ground, among others, that under the Local Government Code of 1991,
the authority to give licenses for the establishment, operation and
maintenance of cockpits as well as the regulation of cockfighting and
commercial breeding of gamecocks is vested in the Sangguniang Bayan. [4]
Therefore, she cannot issue the said permit inasmuch as there was no
ordinance passed by the Sangguniang Bayan authorizing the same.
On July 26, 1999, petitioner filed a complaint against respondent Mayor
[5]
with the Regional Trial Court of Pili, Camarines Sur, Branch XXXI, which was
docketed as Special Civil Action No. P-84-99, for Mandamus and Damages
with Application for Preliminary Mandatory Injunction. Respondent moved for
the dismissal of the complaint.
A Resolution was issued by the trial court on January 27, 2000, the
dispositive portion of which reads:
WHEREFORE, in view of the foregoing, the motion to dismiss is hereby denied. Let

a writ of preliminary mandatory injunction issue upon the posting of an injunction
bond by the plaintiff in the amount of FIFTY THOUSAND PESOS (P50,000.00)
executed to defendant to stand for all the damages which she may sustain if it should
be finally found that plaintiff is not entitled thereto, said mandatory injunction
ordering and commanding herein defendant, incumbent Mayor of the Municipality of
Bula, Camarines Sur to approve and issue forthwith the Mayors Permit and to accept
the fees therefor for plaintiff to establish, maintain and operate a cockpit in Cabaya,
San Roque, Bula, Camarines Sur. Upon finality of this resolution, let the main case be
set for further proceedings.
SO ORDERED. [6]
The writ of preliminary mandatory injunction was issued on February 1,

2000. [7]
Respondent filed a petition for certiorari and prohibition with the Court of
Appeals, docketed as CA-G.R. SP No. 57797. On April 3, 2000, the Court of
[8]
Appeals issued a temporary restraining order, directing petitioner and the

[9]
presiding judge to temporarily cease and desist from enforcing the writ of
preliminary mandatory injunction issued on February 1, 2000 in Special Civil
Action No. P-84-99.
On June 3, 2002, the Court of Appeals rendered the assailed Decision, the
dispositive portion of which reads:
WHEREFORE, the petition is granted and the questioned January 27, 2000
Resolution and February 1, 2000 writ of preliminary mandatory injunction issued by
respondent Judge are ANNULLED AND SET ASIDE while the writ of preliminary
injunction heretofore issued by this Court on July 10, 2000 is made permanent. No
costs.
SO ORDERED. [10]
Petitioner filed a Motion for Reconsideration which was denied for lack of
merit in a Resolution dated August 2002. [11]
Hence, this petition for review.

The core issue in this petition is whether or not respondent, in her capacity
as Municipal Mayor, can be compelled to issue the necessary business permit
to petitioner absent a municipal ordinance which would empower her to do so.
The pertinent provision of law in contention is Section 447 (a) (3) (v) of the
Local Government Code of 1991 (Republic Act No. 7160), which reads:
SEC. 447. Powers, 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
pursuant to Section 16 of this Code and in the proper exercise of the corporate powers
of the municipality as provided for under Section 22, and shall:
xxx xxx xxx.
(3) Subject to the provisions of Book II of this Code, grant franchises, 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.
Petitioner admits that there is no ordinance in Bula, Camarines Sur which

authorizes the grant of a mayors permit to operate and maintain a cockfighting
arena. However, he invokes Resolution No. 049, S. 1998, wherein
the Sangguniang Bayan authorized him to operate a cockpit. Furthermore, he
cites Municipal Tax Ordinances Nos. 01, S. 1989, and 05, S. 1993, which
generally provide for the issuance of a mayors permit for the operation of
businesses.
Municipal Tax Ordinances Nos. 01, S. 1989 and 05, S. 1993 contain
general provisions for the issuance of business permits but do not
contain specific provisions prescribing the reasonable fees to be paid in
the operation of cockpits and other game fowl activities.
It was Ordinance No. 001, S. 1999 which provided for the collection of
application filing fees, ocular inspection fees, mayors permit fees, filing fees
for the institution of complaints, entrance fees and special derby assessments
for the operation of cockpits. This Ordinance, however, was withdrawn by
[12]
the Sangguniang Bayan.
Hence, there being in effect no ordinance allowing the operation of a
cockpit, Resolution No. 049, S. 1998, authorizing petitioner to establish,
operate and maintain a cockpit in Bula, Camarines Sur cannot be
implemented. Suffice it to state in this regard that to compel respondent to
issue the mayors permit would not only be a violation of the explicit provisions
of Section 447 of the Local Government Code of 1991, but would also be an
undue encroachment on respondents administrative prerogatives.
Along the same vein, to read into the ordinances relied upon by petitioner
objects which were neither specifically mentioned nor enumerated would be to
run afoul of the dictum that where a statute, by its terms, is expressly limited
to certain matters, it may not, by interpretation or construction, be extended to
other matters. In other words, it is a basic precept of statutory construction
[13]
that the express mention of one person, thing, act, or consequence excludes
all others, as expressed in the oft-repeated maxim expression unius est
exlusio alterius. Elsewise stated, expressium facit cessare tacitum what is
[14]
expressed puts an end to what is implied. The rule proceeds from the
[15]
premise that the legislative body would not have made specific enumerations
in a statute, if it had the intention not to restrict its meaning and confine its
terms to those expressly mentioned.
Even on the assumption that there is in fact a legislative gap caused by
such an omission, neither could the Court presume otherwise and supply the
details thereof, because a legislative lacuna cannot be filled by judicial fiat.
Indeed, courts may not, in the guise of interpretation, enlarge the scope of a
[16]
statute and include therein situations not provided nor intended by the
lawmakers. An omission at the time of the enactment, whether careless or
calculated, cannot be judicially supplied however after later wisdom may
recommend the inclusion. Courts are not authorized to insert into the law
[17]
what they think should be in it or to supply what they think the legislature
would have supplied if its attention has been called to the omission. [18]
Courts should not, by construction, revise even the most arbitrary and
unfair action of the legislature, nor rewrite the law to conform with what they
think should be the law. Nor may they interpret into the law a requirement
[19]
which the law does not prescribe. Where a statute contains no limitations in
[20]
its operation or scope, courts should not engraft any. And where a provision
[21]
of law expressly limits its application to certain transactions, it cannot be
extended to other transactions by interpretation. To do any of such things
[22]
would be to do violence to the language of the law and to invade the

legislative sphere.
[23]
It should, furthermore, be borne in mind that cockfighting although

authorized by law is still a form of gambling. Gambling is essentially
antagonistic to the aims of enhancing national productivity and self-reliance.
As has been previously said, a statute which authorizes a gambling activity
[24]
or business should be strictly construed, and every reasonable doubt resolved

so as to limit rather than expand the powers and rights claimed by franchise
holders under its authority.
[25]
WHEREFORE, in view of all the foregoing, the petition is hereby DENIED

for lack of merit. The Decision of the Court of Appeals dated June 3, 2002 in
CA-G.R. SP No. 57797 is AFFIRMED in toto.
SO ORDERED.

Rolando N. Canet, Petitioner, vs. Mayor Julieta A. DECENA, Respondent

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FIRST DIVISION

[G.R. No. 155344. January 20, 2004]

ROLANDO N. CANET, petitioner, vs. MAYOR JULIETA A.

On July 27, 1998, the Sangguniang Bayan of Bula, Camarines Sur,

Canet to establish, operate and maintain a cockpit in Sitio, Cabaya, San

Meanwhile, petitioner, relying on Resolution No. 049, Series of 1998, of

WHEREFORE, in view of the foregoing, the motion to dismiss is hereby denied. Let

The writ of preliminary mandatory injunction was issued on February 1,

Appeals issued a temporary restraining order, directing petitioner and the

Hence, this petition for review.

SEC. 447. Powers, Functions and Compensation. (a) The Sangguniang Bayan as the

(3) Subject to the provisions of Book II of this Code, grant franchises, enact

Petitioner admits that there is no ordinance in Bula, Camarines Sur which

would be to do violence to the language of the law and to invade the

It should, furthermore, be borne in mind that cockfighting although

or business should be strictly construed, and every reasonable doubt resolved

WHEREFORE, in view of all the foregoing, the petition is hereby DENIED

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