GR 207118 Lazaro Javier (Digest)
G.R. No. 207118 , April 22, 2025
Decision, Marquez, [J] | Dissenting Opinion, Lazaro-Javier, [J]
FACTS
The case involves the legality of “Bingo sa Barangay,” a fund-raising activity conducted by a barangay. The ponencia upheld its validity, relying on Section 391(a)(11) of the Local Government Code (LGC), which authorizes barangays to engage in fund-raising activities. The dissent, as articulated by Justice Lazaro-Javier, contests this conclusion.
The dissent frames the core factual conflict as a jurisdictional clash between local autonomy and national regulatory authority. It emphasizes that since 1983, the Philippine Amusement and Gaming Corporation (PAGCOR) has been vested by law with the centralized and integrated authority to operate, regulate, and control all games of chance. The activity in question, bingo, is indisputably a game of chance, even if its immediate purpose is fundraising.
ISSUE
Whether a barangay may conduct “Bingo sa Barangay” as a fund-raising activity under the Local Government Code without complying with the regulatory jurisdiction of PAGCOR.
RULING
No. The dissenting opinion argues that the barangay’s activity is subject to PAGCOR’s national authority. The legal logic proceeds from two key principles. First, under the doctrine of verba legis, the plain mandate of Presidential Decree No. 1869, as amended, is all-encompassing, granting PAGCOR jurisdiction over all games of chance. The burden was on the barangay to show that bingo falls outside this scope, which it failed to do. Furthermore, Section 391(a)(11) of the LGC itself contains a proviso that such local activities remain subject to national policy standards on morality, health, and safety, which includes PAGCOR’s regulatory regime.
Second, the doctrine of lex specialis derogat generali applies. The law creating and empowering PAGCOR (P.D. No. 1869) is a special law specifically designed to govern games of chance. In contrast, the LGC is a general law on local autonomy and decentralization. Where both statutes could theoretically apply, the special law on gambling regulation must prevail over the general law on local government powers. The dissent concludes that a clear delineation is necessary: all games of chance, including bingo, fall under PAGCOR’s jurisdiction, while other non-gambling fund-raising activities may be governed by the LGC.