Court of Appeals issues TRO vs jai-alai operator

MANILA, Philippines - The government’s campaign against the jai-alai betting operations of Meridien Vista Gaming Corp. (MVGC) allegedly being run by Charlie “Atong” Ang and purportedly being used as front for jueteng, has scored a legal victory.

This, as the Court of Appeals (CA) issued a temporary restraining order (TRO) last Friday against an order of the Aparri, Cagayan regional trial court (RTC) that enjoined the Games and Amusement Board (GAB) from enforcing its cease-and-desist order issued last April against all jai-alai operations of MVGC, both fronton and off-fronton.

In a two-page resolution, the CA’s Third Division granted the GAB’s prayer for a TRO in a petition it filed last week through the Office of the Solicitor General (OSG).

This means the GAB may now temporarily carry out its order to shut down MVGC operations.

The CA also specifically directed RTC Branch 7 Judge Oscar Zaldivar from conducting further proceedings in the case filed by GAB against MVGC.

In its petition, the OSG argued that the Aparri RTC has no jurisdiction to hear the petition filed by MVGC considering that the assailed GAB resolution was issued in the exercise of the agency’s quasi-judicial function.

Under Rule 43 of the 1997 Rules of Civil Procedure, the OSG said the appellate court has the exclusive appellate jurisdiction over awards, judgments, final orders or resolutions of any quasi-judicial agency in the exercise of its quasi-judicial functions.

The OSG further argued that GAB’s cease-and-desist order had become final and executory due to MVGC’s failure to challenge it before the CA by way of a petition for review within the required 15-day period.

The CA has set on July 15 the hearing on the OSG’s application for the issuance of a writ of preliminary injunction against the Aparri RTC’s order.

Last week, the Department of Justice and Department of the Interior and Local Government issued a joint memorandum circular instructing law enforcers, local government units and public prosecutors to “immediately eliminate illegal jai-alai off-fronton betting operations all over the country.”

Justice Secretary Leila de Lima said jai-alai operations outside the jurisdiction of the Cagayan Economic Zone Authority is prohibited under Republic Act 954, a 1953 law which she said has not been repealed by any later law.