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Magtajas Vs Pryce Prop Corp
Magtajas Vs Pryce Prop Corp
Facts:
PAGCOR announced the opening of a casino in Cagayan de Oro City but civic
organizations angrily denounced the project.
Pryce assailed the ordinances before the Court of Appeals, where it was joined
by PAGCOR as intervenor and supplemental petitioner.
The Court of Appeals declared the ordinances invalid and issued the writ prayed
for to prohibit their enforcement
Issue:
WON Ordinance 3353 and 3375-93 valid
Ruling:
No, in the Local Government Code, local government units are authorized to
prevent or suppress, among others, "gambling and other prohibited games of
chance." Obviously, this provision excludes games of chance which are not
prohibited but are in fact permitted by law.
The rationale of the requirement that the ordinances should not contravene a
statute is obvious. Casino gambling is authorized by P.D. 1869. This decree has
the status of a statute that cannot be amended or nullified by a mere ordinance.
Hence, it was not competent for the Sangguniang Panlungsod of Cagayan de
Oro City to enact Ordinance No. 3353 and Ordinance No. 3375-93. For all their
praiseworthy motives, these ordinances are contrary to P.D. 1869 and the public
policy announced therein and are therefore ultra vires and void.