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Nation

GAB wins jai alai case

- Edu Punay -

MANILA, Philippines - The government has won its bid in the Court of Appeals (CA) to permanently stop the jai alai off-fronton betting operations of Meridien Vista Gaming Corp. (MVGC).

In a 34-page valedictory decision penned by now Supreme Court Associate Justice Bienvenido Reyes, the CA’s Special Third Division granted the petition of the Games and Amusement Board (GAB) against the orders of the Aparri, Cagayan regional trial court (RTC) stopping its efforts against MVGC.

The appellate court ruled that the RTC abused its discretion when it enjoined the GAB from enforcing its cease-and-desist order (CDO) issued last April against the off-fronton operations of MVGC.

The CA nullified the RTC’s orders against GAB issued on March 21 and 23, April 7, and May 2 this year.

“This court finds that GAB had amply demonstrated that the RTC gravely abused its discretion in issuing the assailed orders,” the ruling stated.

It added that the GAB “has regulatory authority over the jai alai operations of MVGC, which admittedly had not yet secured any permit from the Board. MVGC does not have in its favor a clear, unmistakable and substantial right to be protected which is threatened by the CDO’s implementation.”

Associate Justices Perlas-Bernabe and Samuel Gaerlan both concurred with the decision.

The CA earlier had issued a 60-day temporary restraining order (TRO) and directed Cagayan RTC Judge Oscar Zaldivar from conducting further proceedings in the case filed by the GAB against MVGC.

With the new CA ruling, the injunction order against the Cagayan RTC and MVGC becomes permanent.

Last month, the CA’s Sixth Division issued a TRO favoring MVGC and directed the Department of Justice and Department of the Interior and Local Government to temporarily stop its joint drive against the jai alai off-fronton betting operations of MVGC outside Cagayan.

APARRI

ASSOCIATE JUSTICES PERLAS-BERNABE AND SAMUEL GAERLAN

COURT OF APPEALS

GAMES AND AMUSEMENT BOARD

JUDGE OSCAR ZALDIVAR

MERIDIEN VISTA GAMING CORP

MVGC

SIXTH DIVISION

SPECIAL THIRD DIVISION

SUPREME COURT ASSOCIATE JUSTICE BIENVENIDO REYES

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