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Wednesday, July 09, 2003
SC upholds ban on masiao tipsheets
By Gingging A. Campaņa
CEBU -- The Supreme Court has denied a Cebu-based printer's petition to declare unconstitutional City Ordinance 1616, which prohibits and penalizes the printing, distribution, sale and possession of jai alai tip sheets.
The decision is expected to put an end to a seven-year legal battle between the Cebu City Government and Roberto A. Edillo, owner of Roedil's Enterprises and Printing Press on Sikatuna St.
Roedil's is known for printing Speed Computer, a jai alai tip sheet sold in various newspaper and magazine stands in Cebu.
"As far as public policy is concerned, there can be no better policy than what has been conceived by the government of the City of Cebu. There is no showing, therefore, of the unconstitutionality of Ordinance 1616," reads the High Court decision.
But Edillo's lawyer, Edgardo Gica, said the Supreme Court's Third Division failed to consider the equal protection of rights clause of the Constitution.
"That's what we are questioning because Edillo has been permitted (by the Department of Trade) to print jai alai tip sheets and jai alai programs, while there are a lot of tabloids, which have been also printing tips from Manila, that were not indicted," Gica told Sun.Star.
The Edillo camp is preparing a motion for reconsideration that they will file within 15 days from last Monday, when they received the Supreme Court (SC) notice on the decision.
"I even doubted if it was a decision because I believe it's merely a notice from the clerk of court," Gica said.
Sound reason
Citing Section 16 of the Local Government Code, Julieta Carreon, clerk of court of the third division, said local government units (LGU) are empowered to enact ordinances in the exercise of police power.
Every LGU has the sworn obligation to enact measures that will enhance public health, safety and convenience, maintain peace and order and promote the general prosperity of inhabitants of the community.
According to the ruling, dated June 18, the objections raised by Edillo on the validity on the measure have not been substantiated.
"The reason and purpose for the enactment of Ordinance 1616 are well within the objectives of sound government," the decision reads.
Carreon said no undue restraint is placed upon the petitioner or for anybody to engage in trade.
"But it merely prohibits the petitioner from making, printing, reproducing, distributing or selling of any material showing figures, signs or symbols, letters or numbers which pertain to jai-alai, jueteng and similar games or lottery, which are not authorized by law," she said.
On Jan. 31, 1996, then councilors Michael L. Rama and Rodolfo Y. Cabrera filed Ordinance 1616, which Edillo contested.
Edillo, in his letters dated Feb. 19 and Feb. 24, 1996, argued that the proposed measure was oppressive, partial, unfair and "prohibits rather than regulates" trade, contrary to the Constitution.
He argued that it did not comply with the requisites for a valid exercise of police power.
Police power
The City Council passed the ordinance, which was approved by then mayor Alvin Garcia, on March 15, 1996.
Edillo then filed a suit before the Regional Trial Court (RTC) for declaratory relief with preliminary injunction and asked that the measure be declared ultra vires (beyond the council's authority), unconstitutional and illegal.
The RTC issued a writ of preliminary injunction on May 10, 1996 to preserve the status quo. But the court lifted the injunction on Sept. 16, 1996 and dismissed Edillo's complaint.
Edillo elevated the matter to the Court of Appeals (CA) and argued that the lower court erred in holding that the ordinance was a valid exercise of the police power of the City of Cebu.
But the CA upheld the lower court's decision and again dismissed the complaint for lack of merit.
The appellate court also denied the complainant's motion for reconsideration. Sun.Star Cebu
(July 9, 2003 issue)
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