Rolando Canet v. Julieta Decena, G.R. No.

155344, January 20, 2004

I. The Facts:
Petitioner Rolando Canet was a cockpit operator in Bula, Camarines Sur while Respondent Julieta Decena was the
Mayor. Canet was allowed to operate and maintain a Cockpit in Bula as per Resolution No. 049. In 1999, the
Sangguniang Bayan passed Ordinance No. 001, regulating the operation of cockpits and other related game-fowl
activities in Bula and providing penalties for any violation to its provisions which was denied by Decena because it
does not contain rules and regulations on cockfighting and other related game-fowl activities and a separability clause.
The Sangguniang Bayan resolved to shelf the Ordinance indefinitely.
Meanwhile, Canet filed an application for mayor's permit but was was denied by Decena on the ground that under the
Local Government Code of 1991, the authority to give licenses for the establishment, operation and maintenance of
cockfighting and commercial breeding of gamecocks is vested in the Sangguniang Bayan. Therefore, she cannot issue
the said permit inasmuch as there was no ordinance passed by the Sangguniang Bayan authorizing the same. Citing
Resolution No. 049, allowing him to operate a cockpit, and local municipal tax ordinances, which generally provides
for the issuance of a mayor's permit for the operation of businesses, Canet sued Decena and sought to be given permit.
II.

The Issue:

Whether or not Decena, in her capacity as Municipal Mayor, can be compelled to issue the necessary business permit
to petitioner without a municipal ordinance that would empower her to do so.
III.

The Ruling:

No. To compel Decena to issue the mayor's permit would not only be a violation of the explicit provisions of Sec. 447
of the Local Government Code of 1991, but would also be an undue encroachment on respondents administrative
prerogatives. Hence, there being in effect no ordinance allowing the operation of a cockpit, Resolution No. 049,
authorizing Canet to establish, operate and maintain a cockpit in Bula, Camarines Sur cannot be implemented. Also,
the municipal tax ordinances relied upon by Canet contain general provisions for the issuance of business permits but
do not contain specific provisions prescribing the reasonable fees to be pain in the operation of cockpits and other
game fowl activities. Even on the assumption that there is in fact a legislative gap caused by such an omission, neither
could the Court presume otherwise and supply the details thereof, because a legislative lacuna cannot be filled by a
judicial fiat.