City attorney says Tejero cockpit legal

CEBU, Philippines - Although the national law allows only two cockpits in every city and municipality, the Cebu City Legal Office has concurred with the establishment of more than two cockpits in the city.

Carlo Vincent Gimena of the City Legal Office admitted that Presidential Decree 449 allows only one cockpit for a town or city, except for towns and cities with a population of over 100,000 wherein two cockpits can operate.

Gimena argued that even if the city already have two cockpits - one in Carlock Street, barangay Sawang Calero and another in sitio Banawa, Guadalupe – an existing city ordinance allows four cockpits, two in each district.

“It has been a well-settled rule that an ordinance enacted by a local government unit through its legislative body has the presumption of regularity and validity until it is declared null and void by a court of competent jurisdiction,” he said.

Gimena added that since City Ordinance 1447 has not yet been declared invalid and void by any court, so it enjoys the presumption of regularity, legality and validity.

“Thus, on the basis of City Ordinance 1447, two cockpits can be validly established, operated and maintained in each district of Cebu City or a total of four cockpits in the city,” City Legal Officer Joseph Bernaldez also said, concurring with Gimena’s legal opinion.

Although the City Council already granted franchises to the cockpits in Sawang Calero and in Guadalupe, the operation of the cockpit in Guadalupe stopped several months ago.

The daughter of Inayawan barangay captain Rustico “Rustom” Ignacio had also applied for the operation of a cockpit in Inayawan, but this is still pending before the City Council.

Victoriano R. Chiongbian, the proprietor of Century Game Club, which operates the cockpit in Sitio Banawa, Guadalupe, is applying for a franchise of a cockpit to be established by him at barangay Tejero.

The Cebu City Gamefowl Commission headed by Councilor Augustus Pe Jr. already gave its nod for the establishment of a new cockpit along M.J. Cuenco Avenue.

Former mayor and now South District Rep. Tomas R. Osmeña is not against adding more cockpits in Cebu City, saying it would be difficult to stop the culture of the Filipinos. (FREEMAN)