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LIM v. PACQUING Final
LIM v. PACQUING Final
LIM v. PACQUING Final
PACQUING
[G.R. No. 115044. January 27, 1995.]
FACTS
The petition in G.R. No. 115044 was dismissed by the
First Division of this Court on September 01, 1994
based on a finding that there was "no abuse of
discretion, much less lack of or excess of jurisdiction,
on the part of respondent Judge Pacquing in issuing the
questioned orders. The questioned orders were as
follows:
June 18, 1949 June 20, 1953 August 20, 1975 May 8, 1987
The Charter The congress enacted PD No. 771 was issued Pres. Aquino issued EO
of Manila was Republic Act No. 954 by Pres. Marcos to No.169 expressly
enacted by which includes revoked all existing repealing PD 810 and
congress provision relating to franchises and revoking and cancelling
Jai-Alai and permits issued by the franchise to the Phil.
prescribing penalties local governments Jai-Alai and Amusement
for its violation
Corporation
1988
ADC sought presumption
of its business
operations under the
Ordinance No. 7065 but
the Mayor denied his
request as well its motion
for reconsideration
On the other hand, it is noteworthy that while then president Aquino issued
Executive Order No. 169 revoking PD No. 810 (which granted a franchise to a
Marcos crony to operate the jai-alai), she did not scrap or repeal PD No. 771
which had revoked all franchises to operate jai-alais issued by local
governments, thereby re-affirming the government policy that franchises to
operate jai-alais are for the national government (not local governments) to
consider and approve
• Whether or not PD No. 771 is unconstitutional for
being violative of the equal protection and non-
impairment provisions of the constitution.