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[av_heading heading=’New cockpit franchise deemed approved sans mayor’s signature ‘ tag=’h3′ style=’blockquote modern-quote’ size=” subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY GLENDA SOLOGASTOA
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Wednesday, august 2, 2017
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ILOILO City – The ordinance granting a franchise to the cockpit in Lapuz district is deemed approved, according to City Administrator Hernando Galvez.
The 10-day period for Mayor Jed Patrick Mabilog to either veto or sign the ordinance after this was submitted to him lapsed on July 31 yet.
According to Galvez, Mabilog did not act on the ordinance.
The city council approved the franchise ordinance for the Rockwell Lumber Cockpit Arena (in Barangay Don Esteban, Lapuz) on July 18 then forwarded it to the mayor.
Mabilog referred it the City Legal Office (CLO) for further study.
Galvez said the CLO came out with its position on the matter on July 28, maintaining that the granting of a franchise to Rockwell was legal and valid.
“Kahapon (July 31) lang ‘ko nagpadala kay mayor sang advise nga ang legal office nagpagwa sang opinion nga legal ang ordinansa pero not withstanding dira, ginkonsiderar sang aton mayor nga i-veto tani ang ordinance on the ground nga not necessarily on legality but gina-analyze ang general welfare,” Galvez told Panay News.
“However, bangod overwhelming majority ang nagpasar sang ordinance sa city council and considering nga ining majority ginboto man sang aton pumoluyo, the mayor opted – and due also to time constraints – not to affix his signature sa sina nga ordinansa,” added Galvez.
In April, the mayor ordered the closure of the cockpit for operating without a franchise. The operator applied for franchise in 2015 but the previous SP did not grant it.
Councilor Mandrei Malabor, author of the franchise ordinance, cited the legal opinion of City Legal Officer Lorna Laurea in granting the franchise to Rockwell: “The SP is, under Section 458 (3) of the Local Government Code, duly empowered or authorized to grant another franchise should it find the need to do so, not only in the district of Lapuz but also in other districts of the city, considering that the population of the city is more than 500 thousand.”
Presidential Decree No. 440 or the Cockfighting Law as amended by Presidential Decree (PD) 1310 provides that only one cockpit shall be allowed in each city or municipality; however, in cities and municipalities with a population of more than 100,000, two cockpits may be established, maintained and operated in the poblacion and one each city or town district.
“Based on the legal provision (Section 1 of PD 1310), it is the opinion of the undersigned that in the City of Iloilo which has a population of more than 500,000, one cockpit may be established, maintained and operated in each district. In this case, the term district is being interpreted as an administrative district, which may consist of one or more barrios or barangays (per opinion of the Dept. of Justice No. 44, series of 1989),” the CLO further opined./PN
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