The Philippine Gamefowl Commission ordered municipal officials to cancel the mayor's permit granted to Santiago Sevilla to operate a cockpit and instead issue the permit to Hee Acusar. However, the Supreme Court ruled that the Commission exceeded its powers of supervision and review, and instead exercised the power of control over the municipal officials that was not conferred by law. While the Commission has authority to issue rules and regulations and review cockpit licenses, the power to grant and cancel licenses lies with the local government officials, not the Commission. The Court affirmed the decision cancelling the Commission's order to revoke Sevilla's permit.
The Philippine Gamefowl Commission ordered municipal officials to cancel the mayor's permit granted to Santiago Sevilla to operate a cockpit and instead issue the permit to Hee Acusar. However, the Supreme Court ruled that the Commission exceeded its powers of supervision and review, and instead exercised the power of control over the municipal officials that was not conferred by law. While the Commission has authority to issue rules and regulations and review cockpit licenses, the power to grant and cancel licenses lies with the local government officials, not the Commission. The Court affirmed the decision cancelling the Commission's order to revoke Sevilla's permit.
The Philippine Gamefowl Commission ordered municipal officials to cancel the mayor's permit granted to Santiago Sevilla to operate a cockpit and instead issue the permit to Hee Acusar. However, the Supreme Court ruled that the Commission exceeded its powers of supervision and review, and instead exercised the power of control over the municipal officials that was not conferred by law. While the Commission has authority to issue rules and regulations and review cockpit licenses, the power to grant and cancel licenses lies with the local government officials, not the Commission. The Court affirmed the decision cancelling the Commission's order to revoke Sevilla's permit.
Petition: b. Supervision means "overseeing or the power or authority of an officer to Petitioners: Philippine Gamefowl Commission and Hee Acusar see that their subordinate officers perform their duties Respondents: IAC, Mayor Celestino Martinez Jr., Sangguniang Bayan of Bogo a. Supervision is a lesser power than control, which connotes "the and Santiago Sevilla power of the officer to alter or modify or set aside what a subordinate had done in the performance of his duties and to DOCTRINE substitute the judgment of the former for that of the latter. I b. As thus defined, the power of supervision does not snow the supervisor to annul the acts of the subordinate, for that comes Relevant Provision under the power of control Sec. 4. PD1802 City and Municipal Mayors with the concurrence of their c. No authority to control is conferred in such categorical terms on respective "Sanggunians" shall have the authority to license and regulate regular the Philippine Gamefowl Commission regarding the licensing cockfighting pursuant to the rules and regulations promulgated by the and regulation of cockpits by the municipal government Commission and subject to its review and supervision. d. At any rate, assuming that the resolution of the Sangguniang Bayan authorizing the issuance of a cockpit license to Sevilla was subject to reversal by the PGC, such action could be FACTS justified only if based upon a proven violation of law by the 1. Hee Acusar, who was operating the lone cockpit in Bogo, was ordered to municipal officials relocate the same pursuant to P.D. No. 449, the Cockfighting Law of 1974 e. In ordering the respondent municipal officials to cancel the a. According to the said law, was situated in a tertiary commercial mayor's permit in favor of Santiago A. Sevilla and to issue zone, a prohibited area another one in favor of Acusar, the PGC was exercising not the b. Failed to relocate during the grace period; hence, phased out powers of mere supervision and review but the power of control, 2. Sevilla was then granted by Mayor Martinez a license to operate cokpit which had not been conferred upon it. a. Under the law, only one cockpit is allowed by law in cities or municipalities with a population of not more than one hundred DISPOSITION thousand. Hence, he cant operate a cockpit anymore in the said WHEREFORE, the petition is dismissed. The decision of the respondent place court of Appeals dated May 29, 1985, is hereby affirmed in toto, with b. Acusar went to the Philippine Gamefowl Commission seeking a costs against petitioner Hee Acusar. renewal of his cockpit license and the cancellation of Sevilla's SO ORDERED c. Philippine Gamefowl Commission then issued its resolution on the merits of Acusar's petition and ordered Mayor Martinez and the Sangguniang Bayan "to issue the necessary mayor's permit in favor of Hee Acusar" and "to cancel and/or revoke the mayor's permit in favor of Engr. Santiago A. Sevilla
ISSUES 1. W/N Philippine Gamefowl has authority to grant/cancel license- NO
RULING & RATIO
a. Under the Local Government Code, the municipal mayor has the power to "grant licenses and permits in accordance with existing laws and municipal ordinances and revoke them for violation of the conditions upon which they have been granted a. A study of the above-cited powers shows that it is the municipal mayor with the authorization of the Sangguniang Bayan that has Page 1 of 1