Thursday, April 19, 2007 LT lawyer refutes claim Lamtang has existing cockfights permit
THE Municipal Legal Officer of La Trinidad debunked a claim the Lamtang Cockpit Arena has an existing franchise to operate as claimed by its current operator.
La Trinidad Municipal Legal Officer Cruzaldo Bacduyan informed Mayor Nestor Fongwan and members of the municipal council that the operator of Lamtang has no existing franchise to hold cockfights.
In a letter to the mayor copy furnished the legislative body, Bacduyan said Dwight Bello III, who earlier claimed to have acquired the necessary franchise for the Lamtang Cockpit Arena, was never issued said permit.
Bacduyan clarified that the franchise was issued to Edward Henry and not to Bello.
Bello earlier appealed to the municipal council to cancel the permit granted to the Shilan Multipurpose Sports Complex to hold cockfighting activities, saying Lamtang has the sole authority to conduct cockfights being the holder of a valid franchise from the Game Fowl Commission.
The MLO however said that while it is true that Lamtang was issued such a franchise, this has expired way back in 1994 and was never renewed.
"There was no transfer of franchise from Henry to Bello and the franchise expired in 1994 without it being renewed. Consequently, (Bello) has no prior rights to talk about," Bacduyan's letter added.
A local court also denied a motion seeking an order for Fongwan to issue a business permit to Lamtang.
La Trinidad Regional Trial Court Branch 23 Judge Benigno Galacgac said the court has no power to intervene in the exercise of the powers, duties and functions of the municipal mayor.
"To do so would be a clear violation of the provisions of the Local Government Code. If there are irregularities in the refusal to issue a business permit to operate Lamtang, such can be ventilated in a separate case," Galacgac said in an order.
The LGC provides that the power to issue licenses and permits, and its suspension or revocation, lies with the municipal mayor.(Jane Cadalig)
