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Leonardo Tan, Robert Uy And Lamberto Te vs. Socorro Perena

LEONARDO TAN, ROBERT UY and LAMBERTO TE, Petitioners, versus SOCORRO Y. PERE?A, Respondent.

G.R. No. 149743 | 2005-02-18



EN BANC
DECISION

TINGA, J.:

The resolution of the present petition effectively settles the question of how many cockpits may be allowed to operate in a city or municipality.

There are two competing values of high order that come to fore in this case—the traditional power of the national government to enact police power measures, on one hand, and the vague principle of local autonomy now enshrined in the Constitution on the other. The facts are simple, but may be best appreciated taking into account the legal milieu which frames them.

In 1974, Presidential Decree (P.D.) No. 449, otherwise known as the Cockfighting Law of 1974, was enacted....