Atty. Julius Gregory Delgado
CHARITA M. CHAN VS. PEOPLE, G.R. NO. 238304 (JULY 27, 2022):
MAYOR HELD LIABLE UNDER SECTION 3 (J) OF RA 3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT) FOR ISSUING COCKFIGHTING PERMIT TO LIGA NG MGA BARANGAY WHOSE MEMBERS ARE NOT ALLOWED TO HAVE INTEREST IN ANY COCKPIT OPERATION UNDER SECTION 89 (2) OF RA 7160 (LOCAL GOVERNMENT CODE)
Two (2) cases were filed before the Sandiganbayan against petitioner Charita M. Chan who was the Mayor of Babatngon, Leyte in 2012the period material of the controversy at hand. The first Information accused Chan of approving and granting Mayor’s Permit to the Babatngon Galleria, a cockpit, in favor of Nicomedes Alde who was at that time a member of the Sangguniang Bayan being the President of the Liga ng mga Barangay. Section 89 (2) of Republic Act No. 7160, otherwise known as the Local Government Code, prohibits a local government official or employee from holding interest in a cockpit licensed by a local government unit. The other Information accused Chan of issuing permit to the Liga ng mga Barangay to hold cockfights every Saturday which is prohibited under Section 5 (d) and (e) of Presidential Decree No. 449 (The Cockfighting Law of 1974) and Municipal Ordinance No. 281. The Sandiganbayan acquitted petitioner Chan of the first charge but convicted her on the latter.
In the instant case, the Supreme Court held that the Sandiganbayan correctly found Chan guilty beyond reasonable doubt for violating Section 3 (j) of Republic Act No. 3019 with the following elements as follows: (1) that the offender is a public officer; (2) that he/she knowingly approved or granted any license, permit, privilege or benefit; and (3) that the license, permit, privilege or benefit was granted in favor of any person not qualified or not legally entitled to such license, permit, privilege or advantage, or in favor of a mere representative or dummy of one who is not qualified or entitled.
On the first element, Chan stipulated the same during the proceedings before the Sandiganbayan that she was the Mayor of Babatngon, Leyte at the time material to the controversy. On the second element, the Supreme Court held that it was evident from the wordings of the Mayor’s Permit that the same was granted in favor of the Liga ng mga Barangay. This satisfies the element that Chan knowingly approved or granted the said permit in favor of the Liga ng mga Barangay. As to the third and last element, the Supreme Court held that such permit was granted in favor of those not qualified or legally entitled thereto. The Liga ng mga Barangay, whose members were barangay officials, are not qualified to such grant pursuant to Section 89 (2) of the Local Government Code as they are not allowed to have interest in any cockpit operation.