DEL vs PAGC

ISSUE
PAGCOR filed a motion for reconsideration PAGCOR from managing, maintaining and operating jai-alai
games and from enforcing the agreement entered into by them for that purpose.
Whether or not PAGCOR has a franchise to operate jai-alai.

HELD
The SC denied the motions for reconsideration due to lack of required number of votes because only 7
justices voted to grant the motions.

Opinions of Justices:
PUNO
Justice Puno denied the motion for reconsideration of PAGCOR. PD 1869 is an express amendment of PDs
1067-A, 1067-B, 1067-C, 1399 and 1622. To begin with, PAGCOR was not authorized to centralize and
integrate all games of chance that have existing franchises. And the repeal of PD 810 did not have any
effect on the franchise of PAGCOR. In contending that jai-alai is impliedly included in Section 10 of PD
1869, PAGCOR is suggesting that an illegal act may be legalized by mere implication of law.

MELO
Justice Melo granted the motion for reconsideration. In construing a statute, courts have to take the
thought conveyed by the statute as a whole; construe the constituent parts together, ascertain the
legislative intent from the whole act, consider each and every provision thereof in the light of the general
purpose of the statute; and endeavor to make every part effective, harmonious and sensible.
Verga legis non est recendum – from the words of a statute there should be no departure.

VITUG
Justice Vitug grant the petition to enjoin PAGCOR from operating jai-alai through BELLE and FILGAME or
through any other agency and denies the petition to prohibit PAGCOR from itself managing or operating
those games. The grant of a franchise is a purely legislative act that cannot be delegated to PAGCOR
without violating the Constitution.

DE LEON
Justice de Leon granted the petition filed by PAGCOR.
Section 10 of PD 1869
Section 10. Nature and term of franchise – “ x x x authority to operate and maintain gambling casinos,
clubs and other recreation or amusement places, sports, gaming pools,
STATUTORY CONSTRUCTION
- when words and phrases of a statute are clear and unequivocal, their meaning must be
determined from the language employed and the statute must be taken to mean exactly what it
says.
Del says that there is should have been an express mention of jai alai. If that would be the case, it would
render ineffective the use of the word “etc” in the said law.
STATUTORY CONSTRUCTION
- a statute is to be favored and must be adopted if reasonably possibly, which will give meaning
to every and operation and effect to every part and provision of it.
Del Mar says that the grant by Marcos to a corporation controlled by his in-laws, the Philippine Jai Alai and
Amusement Corporation (PJAC).
STATUTORY CONSTRUCTION
- it is improper to inquire into the disclosed (revealed) by the statute itself.\