Facts:
PAGCOR decided to expand
its operations to Cagayan de Oro City. It leased a portion of a building
belonging to Pryce Properties Corporations, Inc., renovated & equipped the
same, and prepared to inaugurate its casino during the Christmas season.Civil organizations
angrily denounced the project. Petitioners opposed the casino’s opening and
enacted Ordinance No. 3353, prohibiting the issuance of business permit and
cancelling existing business permit to the establishment for the operation of
the casino, and Ordinance No. 3375-93, prohibiting the operation of the casino
and providing a penalty for its violation.Respondents assailed the
validity of the ordinances on the ground that they both violated Presidential
Decree No. 1869. Petitioners contend that, pursuant to the Local Government
Code, they have the police power authority to prohibit the operation of casino
for the general welfare.
Issue:
WON the Ordinance Nos.
3353 and 3375-93 are valid.
Held:
No.CdO is empowered to enact ordinances for the purposes indicated
in the LGC. However, ordinances should not
contravene a statute. Municipal governments
are merely agents of the National Government. Local Councils exercise only delegated
powers conferred by Congress. The delegate cannot
be superior to the principal powers higher than those of the latter.
PD 1869 authorized casino gambling. As a statute, it cannot be
amended/nullified by a mere ordinance.
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