Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERN = T A. Franclsco Gold Condominium Il Bldg, EDS: corner Mapagmahal St., Diliman, Quezon City OFFICE OF THE SECRETARY ILS UPINUN NO._53_S, 2005. September 905 7 MAYOR JULIE R. MONTON | Magdiwang, Romblon ' Dear Mayor Monton: This pertains to your letter requesting for legal opition on what particular legislative enactment (ordinance or resolution) is required for the granting of franchise to operate and maintain cockfightfy As per your letter and other attached documents, tht Sangguniang Bayan granted to the New Magdiwang Cockers Club (NMGC) through a Resolution, a franchise to operate cockpit in your municipality. You believe however that a Municipal Ordinance should be tHe pyopet and appropriate legislative action of the Sanggunian in gating said franchise. T Hence, your query. In reply, may we invite your attention to Section 444 (3) of the Local Government Code (RA 7160) which provides, that: “Section 447. Powers, Dutles, Functions and Compensatidh (@) The sanggunlang bayan, as the legislative b the ‘municipality, shall enact ordinances, approve resolutions and of ropiate funds for the general welfare of the municipality and Its ifhabitants Pursuant to Section 46 of thls Code and In the proper exétcbe of the corporate powers of the municipality as provided tot under Secf 2 of this Code, and shall: 0K ox wi ! (3) Subject to the provisions of Book I! of this Code, grant franchises, Crdinoncad Teng ang the luance of permitaor leenseb enact ordinances levying taxes, fees and charges upon such conditlofs andi fot ‘such purposes Intended to promote the general welfare of the Inhdbitants of the municipality, and pursuant to thls legistative authority shall {\) Any law to the contrary notwithstanding, author!;~ and license the establishment, operation, and malntenarfce- of cockpits, and regulate cockfighting and commerdia! breeding of gamecocks: Provided, That existing rights should not be prejudiced.” 00 700 od2 Please take note that insofar as the granting of franchises is concerned, the afore-cited provisions do not specifically provide the particular action (whether ordinance or resolution) that te sanggunian Shomid enact. The requirement to enact ordinances memorse eee Said provision has particular reference to the issuance of permits or licenses, among others. Now, of significance is the rule on the enactment of ordinances and resolutions. Paragraph (a) of Article 107 of the Rules and regulations Implementing the Local Government Code provides that legislative actions of a general and permanent character shall be enacted the form Note that franchises by its nature are special privileges inlended to private persons or corporations. Being a privilege, it neither confers Proprietary rights nor preclude the grantor to withdraw the Same for Guse. Therefore, the granting of franchise is merely temporary in pharacter. As such, the enactment of a resolution by the se infang eee, Maintain cockpit activities is proper. We hope we have enlightened you on the matter. Very thuly yours, Legal:28:68/cga