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Philippine Gamefowl Commission. and Hee Acusar vs. Intermediate Appellate Court

PHILIPPINE GAMEFOWL COMMISSION AND HEE ACUSAR, petitioners, vs. HON. INTERMEDIATE APPELLATE COURT, MAYOR CELESTINO E. MARTINEZ, JR., THE SANGGUNIANG BAYAN OF BOGO (CEBU), and SANTIAGO SEVILLA, respondents.

G.R. Nos. 72969-70 | 1986-12-17

D E C I S I O N

CRUZ, J:

This case involves a conflict of jurisdiction between the Philippine Gamefowl Commission and the municipal government of Bogo, Cebu, both of which claim the power to issue licenses for the operation of cockpits in the said town.

The issue when Hee Acusar, who was operating the lone cockpit in Bogo, was ordered to relocate the same pursuant to P.D. No. 449, the Cockfighting Law of 1974, on the ground that it was situated in a tertiary commercial zone, a prohibited area. 1 Although the period of grace for such relocation was extended to June 11, 1980 by P.D. 1535, Acusar failed to comply with the requirement, as a...