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L-14683

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Republic of the Philippines

EN BANC

G.R. No. L-14683 May 30, 1961

JOAQUIN QUIMSING, petitioner-appellant,

Ramon A. Gonzales for petitioner-appellant.

CONCEPCION, J.:

Appeal from a decision of the Court of First Instance of Iloilo dismissing the petition in this case, as well as the
counterclaim of respondents herein, without costs.

Petitioner Joaquin Quimsing is the owner and manager of a duly licensed cockpit, located in the District of Molo, City
of Iloilo. On February 13, 1958, the cockpit was raided by members of the city police force and the Constabulary
under the command of Capt. Alfredo Lachica and Lt. Narciso Aliño Jr., upon the ground that it was being illegally
operated on that day, which was Thursday, not a legal holiday. Quimsing claimed that the cockpit was authorized to
operate on Thursday by an ordinance of the City Council of Iloilo, approved on October 31, 1956. This
notwithstanding, Capt. Lachica allegedly threatened to raid the cockpit should cockfighting be held therein,
thereafter, on Thursdays. Moreover, Quimsing and nine (9) other persons were arrested and then charged in the
Municipal Court of Iloilo with a violation of Article 199 of the Revised Penal Code, in relation to sections 2285 and
2286 of the Revised Administrative Code.

Quimsing, in turn, commenced the present action, in the Court of First Instance of Iloilo, against Major Cesar
Lucero, as the then provincial commander of the Constabulary, and Capt. Alfredo Lachica and Lt. Narciso Aliño, Jr.,
as incumbent PC officer in charge and acting chief of police, respectively, of the Iloilo City Police. In his petition,
Quimsing set up two (2) causes of action: one for the recovery from respondents, in their private capacity, of
compensatory damages, as well as moral and exemplary damages allegedly sustained in consequence of the raid
and arrest effected on February 13, 1958, upon the ground that the same were made illegally and in bad faith,
because cockfighting on Thursdays was, it is claimed, authorized by Ordinances Nos. 5 and 58 of the City of Iloilo,
in relation to Republic Act No. 938, and because Quimsing was at odds with the city mayor of Iloilo; and another for
a writ of preliminary injunction, and, after trial, a permanent injunction, restraining respondents, in their official,
capacity, and/or their agents, from stopping the operation of said cockpit on Thursdays and making any arrest in
connection therewith.

In their answer, respondents alleged that the raid and arrest aforementioned were made in good faith, without
malice and in the faithful discharge of their official duties as law enforcing agents, and that, pursuant to the
aforementioned provisions of the Revised Penal Code and the Revised Administrative Code, petitioner cannot
legally hold cockfighting on Thursdays, despite said ordinances of the City of Iloilo. Respondents, likewise, set up a
P150,000 counterclaim for moral and exemplary damages.

After due hearing, the Court of First Instance of Iloilo rendered judgment dismissing the petition, as well as
respondents' counterclaim. Hence this appeal by petitioner herein, who maintains that:

1. The lower court erred in not disqualifying the city fiscal from representing the respondents-appellees in the
first cause of action of the petition where they are sued in their personal capacity;

2. The lower court erred in not disqualifying the city fiscal from asking the invalidity of an ordinance of the City
of Iloilo;

3. The lower court erred in declaring Ordinance No. 51 series of 1954, as amended by Ordinance No. 58,
series of 1956, of the City of Iloilo as illegal;

4. The lower court erred in not awarding damages to the petitioner.

The first three assignments of error are related to petitioner's second cause of action, whereas the fourth
assignment of error refers to the first cause of action. Hence, we will begin by considering the last assignment of
error.

At the outset, we note that the bad faith imputed to respondents herein has not been duly established. In fact, there
is no evidence that Major Lucero had previous knowledge of the raid and arrest that his co-respondents intended to
make. What is more, petitioner would appear to have included him as respondent merely upon the theory of
command responsibility, as provincial commander of the constabulary in the province and city of Iloilo. However,
there is neither allegation nor proof that he had been in any way guilty of fault or negligence in connection with said
raid and arrest.

As regards Capt. Lachica and Lt. Aliño Jr., the records indicate that they were unaware of the city ordinances
relieved upon by petitioner herein. Indeed, they appeared to have been surprised when petitioner invoked said
ordinances. Moreover, there is every reason to believe that they were earnestly of the opinion, as His Honor the
Trial judge was, that cockfighting on Thursdays is, despite the aforementioned ordinances, illegal under Article 199
of the Revised Penal Code, in relation to sections 2285 and 2286 of the Revised Administrative Code. Although
petitioner maintains that such opinion is erroneous, the facts of record sufficiently warrant the conclusion that Capt.
Lachica and Lt. Aliño Jr. had acted in good faith and under the firm conviction that they were faithfully discharging
their duty as law enforcing agents.

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In the light of the foregoing and of the other circumstances surrounding the case, and inasmuch as the assessment
of moral and exemplary damages "is left to the discretion of the court, according to the circumstances of each case"
(Art. 2216, Civil Code of the Philippines), it is our considered view that respondents herein should not be held liable
for said damages. Neither should they be sentenced to pay compensatory damages, the same not having been
proven satisfactorily. Hence, the fourth assignment of error is untenable.

The first assignment of error is based upon section 64 of the Charter of the City of Iloilo (Commonwealth Act No.
158), pursuant to which the City Fiscal thereof "shall represent the city in all civil cases wherein the city or any
officers thereof in his official capacity is a party." Although this section imposes upon the city fiscal the duty to
appear in the eases specified, it does not prohibit him from representing city officers sued as private individuals on
account of acts performed by them in their official capacity, specially when, as in the case at bar, they claim to have
acted in good faith and in accordance with a legal provision, which they earnestly believed, as the lower court
believed, should be construed in the manner set forth in their answer. Again, under petitioner's second cause of
action, respondents are sued in their official capacity. This fact and the circumstances under which respondents
performed the acts involved in the first cause of action sufficiently justified the appearance of the City Fiscal of Iloilo
on their behalf.

We need not pass upon the merits of the second assignment of error, the same not being essential to the
determination of this case, for, regardless of whether or not it is proper for the City Fiscal of Iloilo, as such, to assail
the validity of an ordinance thereof, it cannot be denied that respondents herein may do so in their defense.

Referring now to the third assignment of error, Article 199 of the Revised Penal Code provides:

The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court, shall
be imposed upon:

1. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things,
or who organizes cockfights at which bets are made, on a day other than those permitted by law.

2. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things,
or organizes such cockfights at a place other than a licensed cockpit.

Respondents maintain that this legal provision should construed be in relation to sections 2285 and 2286 of the
Revised Administrative Code, reading:

SEC. 2285. Restriction upon cockfighting. — Cockfighting shall take place only in licensed cockpits and,
except as provided n the next succeeding section hereof, only upon legal holidays and for a period of not
exceeding three days during the celebration of the local fiesta. No card game or games of chance of any kind
shall be permitted on the premises of the cockpit.

SEC. 2286. Cockfighting at fairs and carnivals. — In provinces where the provincial board resolves that a fair
or exposition of agricultural and industrial products of the province, carnival, or any other act which may
redound to the promotion of the general interests thereof, shall be held on a suitable date or dates, the
council of the municipality in which such fair, exposition or carnival is held may, by resolution of a majority of
the council, authorize the cockfighting permitted at a local fiesta to take place for not to exceed three days
during said exposition fair, or carnival, if these fall on a date other than that of the local fiesta. Where this
action is taken, cockfighting shall not be permitted during the local fiesta unless a legal holiday occurs at such
period in which case cockfighting may be permitted upon the holiday.

Petitioner assails, however, the applicability of these two (2) provisions to the case at bar, upon the ground that said
provisions form part of Chapter 57 of the Revised Administrative Code — which chapter is entitled "Municipal Law"
— governing regular municipalities, not chartered cities, like the City of Iloilo, for, "except as otherwise specially
provided", the term "municipality", as used in that Code and in said section 2286, "does not include chartered city,
municipal district or other political division" (Section 2, Revised Administrative Code). Petitioner's contention is well-
taken but it does not follow therefrom that he was entitled to hold cockfightings on Thursdays.

Pursuant to section 21 of Commonwealth Act No. 158, otherwise known as the Charter of the City of Iloilo:

Except as otherwise provided by law, the Municipal Board shall have the following legislative powers . . . to
tax, fix the license fee for, and regulate, among others, theatrical performances . . . and places of
amusements (par. j) . . . .

Moreover, under section 1 of Republic Act No. 938, as amended by Republic Act No. 1224:

The municipal or city board or council of each chartered city and the municipal council of each municipality
and municipal district shall have the power to regulate or prohibit by ordinance the establishment,
maintenance and operation of nightclubs, cabarets, dancing schools, pavilions, cockpits, bars, saloons,
bowling alleys, billiard pools, and other similar places of amusements within its territorial jurisdiction:
Provided, however, That no such places of amusement mentioned herein shall be established, maintained
and/or operated within a radius of two hundred lineal meters in the case of night clubs, cabarets, pavilions, or
other similar places, and fifty lineal meters in the case of dancing schools, bars, saloons, billiard pools,
bowling alleys, or other similar places, except cockpits, the distance of which shall be left to the discretion of
the municipal or city board or council, from any public building, schools, hospitals and churches: Provided,
further, That no municipal or city ordinance fixing distances at which such places of amusement may be
established or operated shall apply to those already licensed and operating at the time of the enactment of
such municipal or city ordinance, nor will the subsequent opening of any public building or other premises
from which distances shall be measured prejudice any place of amusement already then licensed and
operating, but any such place of amusement established within fifty lineal meters from any school, hospital or
church shall be so constructed that the noise coming therefrom shall not disturb those in the school, hospital
or church, and, if such noise causes such disturbance then such place of amusement shall not operate during
school hours when near a school, or at night when near a hospital, or when there are religious services when
near a church: Provided, furthermore, That no minor shall be admitted in any bar, saloon, cabaret, or night
club employing hostesses: And provided, finally, That this Act shall not apply to establishments operating by
virtue of Commonwealth Act Numbered Four hundred eighty-five nor to any establishment already in
operation when Republic Act Numbered Nine hundred seventy-nine took effect.

The question for determination is whether the power of the Municipal Board of Iloilo, under section 21 of its charter
to "regulate . . . places of amusement", as broadened by Republic Act No. 938, as amended, to include "the power
to regulate . . . by ordinance the establishment, maintenance, and operation of . . . cockpits," carries with it the
authority to fix the dates on which "cockfighting" may be held. In this connection, it should be noted that said
Republic Act No. 938, as amended, applies, not only to "the municipal or city board or council of each chartered
city", but, also, to "the municipal council of each municipality or municipal district." Consequently, an affirmative
answer to the question adverted to above would necessarily imply, not merely an amendment of sections 2285 and

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2286 of the Revised Administrative Code, but, even, a virtual repeal thereof, for then local boards or councils could
authorize the holding of cockfighting, not only on legal holidays, but on any day and as often as said boards or
councils may deem fit to permit, whether it be during a fair, carnival, or exposition of agricultural and industrial
products of the province, or not. Thus, the issue boils down to whether Republic Act No. 938, as amended, gives
local governments a blanket authority to permit cockfighting at any time and for as long as said governments may
wish it.

Upon mature deliberation, we hold that the answer must be in the negative. To begin with, repeals and even
amendments by implication are not favored, whereas an affirmative answer would entail a vital amendment,
amounting, for all practical purposes, to a repeal, of sections 2285 and 2286 of the Revised Administrative Code.
Secondly, grants of power to local governments are to be construed strictly, and doubts in the interpretation thereof
should be resolved in favor of the national government and against the political subdivisions concerned. Thirdly, it is
a matter of common knowledge that cockfighting is one of the most widespread vices of our population, and that the
government has always shown a grave concern over the need of effectively curbing its evil effects. The theory of
petitioner herein presupposes that the Republic of the Philippines has completely reversed its position and chosen,
instead, to place the matter entirely at the discretion of local governments. We should not, and can not adopt, such
premise except upon a clear and unequivocal expression of the will of Congress, which, insofar as said premise is
concerned, is not manifest from the language used in Republic Act No. 938, as amended.

Lastly, "cockpits" and "cockfighting" are regulated separately by our laws. Thus, section 2243 (i) of the Revised
Administrative Code empowers municipal councils "to regulate cockpits". Yet, the authority of said council over
"cockfighting" is found in sections 2285 and 2286 of said Code, not in said section 2243 (i). Similarly, Article 199 of
the Revised Penal Code punishes, not illegal "cockpits", but "illegal cockfighting". What is more, participation in
cockfights "on a day other than those permitted by law", in dealt with in said article separately from participation in
cockfights "at a place other than a licensed cockpit." .

So, too, the authority of local governments, under Republic Act No. 938, as amended, to "regulate . . . the
establishment, maintenance and operation of . . . cockpits", does not necessarily connote the power to regulate
"cockfighting", except insofar as the same must take place in a duly licensed "cockpit". Again, the first and second
proviso in section 1 of said Act, regulating the distance of cockpits and places of amusement therein mentioned from
"any public building, schools, hospitals and churches" and the third proviso of the same section, prohibiting the
admission of minors to some of those places of amusement, suggest that the authority conferred in said provision
may include the power to determine the location of cockpits, the type or nature of construction used therefor, the
conditions to persons therein, the number of cockpits that may be established in each municipality and/or by each
operator, the minimum age of the individuals who may be admitted therein, and other matters of similar nature — as
distinguished from the days on which cockfighting shall be held and the frequency thereof.

In short, we are of the opinion that the city ordinances relied upon by petitioner herein, authorizing cockfighting on
Thursdays, are invalid.

WHEREFORE, the decision appealed from is hereby affirmed, without special pronouncement as to costs. It is so
ordered.

Padilla, Bautista Angelo, Labrador, Reyes, J.B.L., Paredes Dizon, De Leon and Natividad, JJ., concur.
Bengzon, C.J. and Barrera, J., took no part.

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