Republic of the Philippines

~anbiganba!,an
Quezon City
***
FIFTH DIVISION

PEOPLE OF THE PHILIPPINES, SB-16-CRM-0511to 0512

Plaintiff,

For: Violation of Sec. 3(j)

of R.A. 3019, as amended
- versus-

CHARITA M. CHAN, Present:

Accused. Lagos, 1, Chairperson,
Mendoza - Arcega and
Corpus - Mafialac, IL.

Promulgated: Fe bnJGlry 10! 201 g ~

x - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

DECISION

CORPUS - MANALAC, J.:

Accused CHARIT A M. CHAN stands indicted for two (2) counts of
violation of Section 30) of the Anti-Graft and Corrupt Practices Act,
otherwise known as Republic Act No. 3019, in separate Charge Sheets
filed by the Office of Special Prosecutor, Office of the Ombudsman on
August 10,2016 respectively docketed as Criminal Case Nos. SB-16-CRM-
0511 and SB-16-CRM-0512,which read as follows:
Criminal Case No. SB-16-CRM-OSll
That in or about a year 2012, or for sometime prior or
subsequent thereto, in the municipality of Babatngon,
Province of Leyte, and within the jurisdiction of this
Honorable court, the above-named accused, a public officer
being the Mayor of the Municipality of Babatngon, Province
of Leyte, committing the offense in relation to office, with
deliberate intent did then and there, willfully, unlawfully
and criminally approve and grant a Mayor's Permit for the
operation of the Babatngon Gallera, a cockpit, in favor of the
owner thereof, Nicomedes AIde, knowing fully well that

/ ~;I
 Page 2 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
x------------------------------------------------------------------------------------------------------------------------ x

said Nicomedes AIde is a not legally entitled to such permit,

being a government official who at that time is a member of
the Sangguniang Bayan of Babatngon and President of the
Liga ng mga barangay therefore prohibited under section
89(2)of the Local Government Code (Republic Act No. 7160)
from holding such interest in a cockpit licensed by said local
government unit, to the detriment of public service.
CONTRARYTO LAW.
Criminal Case Nos. SB-16-CRM-OS12
That on or about 13th of April 2012, in the
municipality of Babatngon, Province of Leyte, and within
the jurisdiction of this Honorable court, the above-named
accused, a public officer being the Mayor of the
Municipality of Babatngon, Province of Leyte, in such
capacity and committing the offense in relation to office, did
then and there, willfully, unlawfully and criminally approve
and grant a Mayor's Permit in favor of the Liga ng mga
Barangay, a juridical person not legally entitled to such
license or permit as accused Mayor Charita Chan very well
knew that the holding of cockfights every Saturday is
prohibited by law, particularly, Section 5(d) and (e) of
Presidential Decree No. 449 (The Cockfighting Law of 1974)
and Municipal Ordinance No. 281 of the Municipality of
Babatngon, Leyte, to the detriment of public service.
CONTRARYTO LAW.

Antecedents
Five (5) days from the filing of the afore-quoted Charge Sheets, on
August IS, 2016,a Hold Departure Order was issued by this Court against
the accused. Having ascertained from the prosecution through the latter's
"Compliance" dated August 30, 2016 that the accused did not file any
Motion for Reconsideration from the Resolution of the Office of the
Ombudsman finding probable cause, this Court in a Minute Resolution
dated September 5, 20161found sufficient cause to hold the accused for
trial, thus, on September 7, 2016 an Arrest Warrant was issued.?
On January 19, 2017, the accused posted bond" before this Court to
secure her temporary liberty. When arraigned on May 25, 2017, she
pleaded NOT GUlLTY to the charges+

1 Record, p. 64
2 Record, p. 65
3 Record, p. 85

4 Record, p. 107
 Page 3 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-05ll to 0512
x------------------------------------------------------------------------------------------------------------------------x

A Pre- Trial Conference ensued which was terminated on May 25,

2017. The Minutes of Preliminary Conference held on May 18, 2017 was
adopted.? It was stipulated that at the time material to these cases, the
accused was the Mayor of the Municipality of Babatngon, Leyte.s

The prosecution proceeded to present its witnesses.

On September 20, 2017, the prosecution filed its Formal Offer of

Eoidence? consisting of Exhibits" A" to "H" with sub-markings, which the
Court resolved to admit, there being no opposition from the accused,"

No evidence was presented by the accused who opted to just submit

a Memorandum. With the prosecution's manifestation to likewise file a
memorandum, both parties were given thirty (30) days from November
21,2017 within which to do so. The Promulgation of Judgment was set on
February 20, 2018.9

The prosecution and the accused submitted their memoranda,

respectively on December 21, 201710 and January 5, 2018,11 thus this
Decision.

Evidence for the Prosecution

Mr. Francisco B. Balboa, ICO Municipal Treasurer of Babatngon,

Leyte from 2011 to 2017; 12testified that:
(1) As Municipal Treasurer of Babatngon, Leyte he knows the accused as
the Mayor from June 2007 to 2016;

(2) He issued a "Tax Certification" dated January 31, 200213 stating that
"taxes and penalties due on the operation of Babatngon Gallera declared in
the name of Nicomedes AIde x x x is paid from January up to March 2012,"
which is the basis for issuance of a Mayor's Permit;

(3) Nicomedes AIde was a Council or of Babatngon at that time;

(4) He is aware of the existence and operation of cockpit in Babatngon;

5 Order dated May 25, 2017, Record, p. 142.

6 Pre-Trial Order dated May 25, 2017, Record, p. 143
7 Record, p. 180

8 Minutes of the Proceedings held on September 22, 2017

9 Order dated November 21, 2017, Record, p. 221

10 Record, p. 225

11 Record, p. 242

12 TSN, August 7, 2017

13 Exhibit A"
11
 Page 4 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
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(5) He attested to a "Certification"14 issued on June 31, 2012 by his

Revenue Collection Clerk, Victoria M. Pineda "that Mr. Nicomedes
AIde has no payment on his operation of cockfight every Saturday at Brgy.
District III, Babatngon, Gallera."

The parties stipulatedt> on the following documents consisting of

Exhibits "B" to "H" which are common exhibits, as follows:
Exhibit "B" Resolution No. 2705 of the Sangguniang Bayan of
Babatngon, Leyte dated December 5, 2011;
Exhibit "B-1" Resolution No. 2011-509 of the Sangguniang
Panlalawigan of Leyte dated September 13, 2011;
Exhibit "B-2" Resolution No. 2675-11 of Sangguniang Bayan of
Babatngon, Leyte dated July 11, 2011
Exhibit "B-3" Resolution No. 1511-02 of Sangguniang Bayan of
Babatngon Leyte dated June 10, 2002 adopting
Ordinance No. 191.
Exhibit" CIf Affidavit of Santiago Dumajil dated June 14, 2012;
Exhibit "D" Endorsement of Mayor Charita Chan dated March
23,2012;
Exhibit "E" Resolution No. 2011-08of the Liga ng mga Barangay
of Babatngon, Leyte dated December 6, 2011;
Exhibit "p" Endorsement of Mayor Chan to the Sangguniang
Bayan dated March 23, 2012 regarding Resolution
No. 2011-08of the Liga ng mga Barangay;
Exhibit" G" Committee Report dated April 2, 2012 of the
Committee on Rules and Laws, Committee on
Barangay Affairs and Committee on Barangay
Affairs and Committee on Games and Amusement
of the Sangguniang Bayan of Babatngon, Leyte;
Exhibit "G-1" Resolution No. 2749-12 of the Sangguniang Bayan
dated April 2, 2012;
Exhibit "H" Mayor's Permit dated April 13, 2012 issued by
Mayor Chan in favor of the Liga ng mga Barangay,
Babatngon, Leyte.

14 Exhibit" A-1"
15 TSN, August 8,2017, pp. 6-7
 Page 5 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
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Mr. Marcelino B. Pulma, Secretary of Sangguniang Bayan of

Babatngon, Leyte at the time of his testimony in 2017,16 testified that:
(1) He knows a cockpit owned by Nicomedes AIde regularly operating
in their municipality;

(2) As Sanggunian Secretary, he came across some records showing

ownership of the cockpit by Nicomedes AIde, who is the brother of
Alfredo AIde, another member of the Sangguniang Bayan of
Babatngon, Leyte;

(3) On cross-examination, he stated that he had never visited this

cockpit;

(4) He also does not know if the accused owned or managed a cockpit or
has material or pecuniary benefit from the cockfights.

Ms. Maria Fe G. Rondina, Municipal Mayor of Babatngon, Leyte at

the time of her testimony in 2017,17 testified that:
(1) She was a Municipal Councilor of Babatngon, Leyte in 2012 whose
duty included the passing of resolutions and ordinances;

(2) She did not affix her signature in Resolution No. 2749-12 of the
Sangguniang Bayan of Babatngon, Leyte endorsing the operation of
cockpit on Saturdays.!" because of Municipal Ordinance No. 281 and
Presidential Decree No. 449 prohibiting cockfights during Saturdays;

(3) Upon its approval by the Sangguniang Bayan, the aforesaid

resolution was forwarded to the office of the accused who was then
the Municipal Mayor;

(4) During her own term as Mayor of the municipality in 2016,

businesses like cockpits were not allowed to operate without a
permit; In 2012 the cockpit in Babatngon was in operation where
cockfights were held regularly;

(5) The accused, who was then the Mayor in 2012, endorsed to the
Sangguniang Bayan the passing of a resolution for the holding of
cockfights every Saturday at Barangay District Ill, Babatngon, Leyte,
as requested by the Liga ng mga Barangay contained in the Minutes of
its Meeting marked as Exhibit "E."

16 TSN, August 8,2017

17 TSN, August 8,2017
18 Resolution Granting the Liga ng mga Barangay represented by the ABC President Nicomedes AIde

Special Permit to Hold Cockfighting Every Saturday to be Held at the Licensed Cockpit of Babatngon,
Leyte Located as Barangay District Ill, Babatngon, Leyte
 Page 6 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
x------------------------------------------------------------------------------------------------------------------------x
Evidence for the Accused
As already stated, the accused did not present any evidence in her
defense.

Issue
The issue in these cases is whether or not the accused is guilty of two
(2) counts of violation of Republic Act No. 3019, Section 30).

Findings and Ruling of the Court

Republic Act No. 3019, Section 30) alleged to have been violated by
the accused in these cases, states:
Section 3. Corrupt practices of public officers. - In
addition to acts or omissions of public officers already
penalized by existing law, the following shall constitute
corrupt practices of any public officer and are hereby
declared to be unlawful:
xxx

G)
Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person not
qualified for or not legally entitled to such license, permit,
privilege or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled.
xxx

The person liable under Section 30) of Republic Act No. 3019 is the
public officer who has the duty of approving or granting any license,
permit, privilege or benefit, which in these cases refer to the accused as
Mayor of the Municipality of Babatngon. It is undisputed, as in fact it was
stipulated, that the accused was Mayor of Babatngon, Leyte during the
time material to these cases.'?

The two (2) charges instituted against the accused are briefly
described as follows:
(1) Criminal Case No. SB-16-CRM-0511- approving and
granting a Mayor's Permit for the operation of the
Babatngon Gallera, a cockpit, in favor of the owner thereof,
Nicomedes AIde, knowing fully well that that the latter is
not legally entitled to such permit, being a government

19 Pre-Trial Order dated May 25, 2017, Record, p. 143

 Page 7 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
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official at that time as a member of the Sangguniang Bayan

of Babatngon and President of the Liga ng mga Barangay,
thus, prohibited under Section 89(2) of the Local
Government Code (RA 7160)from holding such interest in
a cockpit licensed by said local government unit;

(2) Criminal Case No. SB-16-CRM-OS12- approving and

granting a Mayor's Permit to the Liga ng mga Barangay,
knowing that the holding of cockfights every Saturday is
prohibited by law, particularly Section S(d) and (e) of PD
449 and Municipal Ordinance No. 281 of the Municipality
of Babatngon, Leyte.

Basic is the principle in criminal law, that, the evidence presented

must be sufficient to prove the corpus delicti - the body or substance of the
crime which in its primary sense refers to the fact that a crime has been
actually committed.P and the identity of the accused as the perpetrator
thereof. Guided by this principle, the Court finds the prosecution failed in
Criminal Case No. SB-16-CRM-0511 but succeeded to prove the accused's
guilt in Criminal Case No. SB-16-CRM-0512 on the following
ratiocinations:

In Criminal Case No. SB-16-CRM-OSll

The evidence shows that Nicomedes AIde was an ex-oficio member

of the Sanggunian Bayan being the President of the Liga ng mga Barangay
from 2007 to 2016. This was proven by the testimony of Mr. Balboa.P and
corroborated by the documents issued by Mr. Pulma.P Secretary of the
Sanggunian, which are common exhibits.P to wit:
(1) Resolution No. 270S-11 of the Sangguniang
Bayan adopted on December S, 2011 as Exhibit "B" where
the name of Nicomedes AIde appears as a member of the
Sangguniang Bayan, he being then the President of the Liga
ng mga Barangay;

(2) Committee Report addressed to the Sangguniang

Bayan, signed by Nicomedes AIde as Chairman of
Committee of Barangay Affairs, and member of the
respective Committees on Rules and Laws & Games and
Amusements dated April 2, 2012,as Exhibit "G;" and

20 People vs. Rentoria, G.R. No. 175333, September 21,2007 [533 SeRA 708]
21 TSN, August 7,2017, pp. 12-13
22 TSN, August 8,2017
23 TSN, August 8, 2017, pp. 6-7
 Page 8 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
x-------------------------------------- ---------------------------------------------------------------------------------- x

(3) Sangguniang Bayan Resolution No. 2749-12

adopted on April 2, 2012 signed by Nicomedes AIde as
President of the Liga ng mga Barangay, as Exhibit JlG_l."

These exhibits were not objected to by the accused as to their

admission consistent with the open court stipulations.> In addition, it was
admitted by the accused during the Pre-TriaI Conference that the
signatories to these Resolutions, which include Nicodemes AIde, were the
members of the Sangguniang Bayan of Babatngon, Leyte. An admission,
verbal or written, made by a party in the course of the proceedings in the
same case, does not require proof, which may be contradicted only by
showing that it was made through palpable mistake or that no such
admission was made.> Here, nothing on record belies the admission or
that it was made by apparent mistake, hence, conclusive as to the said
accused. In the case of Joshua Alfelor vs. Hosefina Halasan» it was held:
xxx A party who judicially admits a fact cannot later
challenge that fact as judicial admissions are waiver of
proof; production of evidence is dispensed with. A judicial
admission also removes an admitted fact from the field of
controversy. Consequently, an admission made in the
pleadings cannot be controverted by the party making
such admission and are conclusive as to such party x x x

Verily, Nicomedes AIde as Sangguniang Bayan member IS

disqualified from holding a license, permit, or be given a privilege or
advantage to operate any cockpit or games licensed by the local
government of Babatngon, Leyte. Section 89(a)(2) of RA 7160, otherwise
known as the Local Government Code, states:

Section 89. Prohibited Business and Pecuniary Interest. -

(a) It shall be unlawful for any local government official

or employee, directly or indirectly, to: x x x

(2) Hold such interests in any cockpit or other

games licensed by a local government unit; x x x

The prohibition of interest in any cockpit by a local official pursuant

to the afore-cited provision of the Local Government Code is literal. In

24 TSN, August 8,2017

25 Capangpangan vs. People, G.R. No. 150251, November 23, 2007 [583 SCRA 279]; Section 4, Rule 129,
Revised Rules of Court
26 G.R. No. 165987, March 31, 2006
 Page 9 of 16
Decision
People v. Chan
Criminal Case Nos. SB-I 6-CRM-05 I I to 0512
x------------------------------------------------------------------------------------------------------------------------x

Teves et. al vs. Sandiganbayan,27 it was held that an interest in a cockpit

by a local government official is prohibited. Consistent thereto, a public
official is disqualified to be issued a license or permit to own or operate a
cockpit in the concerned local government unit.
This leads the Court to determine the pivotal issue of whether or not
the accused knowingly issued a Mayor's Permit to Babatngon Gallera
owned by Nicodemes AIde, who is not legally entitled thereto.
The long standing rule is that the burden of proof is the duty of a
party to present evidence on the facts in issue to establish his claim or
defense by the amount of evidence required by law.28 In this case, the
burden of proving guilt is upon the prosecution which rests upon its proof
of the elements of the indictment, specifically the alleged issuance of the
Mayor's Permit.
On this score, the Court finds the prosecution failed to discharge the
burden.
Primarily, no Mayor's Permit was presented to prove its issuance to
Babatngon Gallera, a cockpit alleged to be owned by Nicodemes AIde.
To prove such issuance, the prosecution complacently relied on the
testimonies of witnesses which upon scrutiny are inadequate to establish
such fact. Mr. Balboa's testimony as Sanggunian Treasurer is limited to
the alleged ownership of a cockpit, Babatngon Gallera, declared in the
name of Nicodemes AIde. He plainly identified the" Tax Certification" he
issued dated January 30, 201229 and a "Certification"30 issued by his
Revenue Collection Clerk, Victoria M. Pineda on June 31, 2012 on the tax
status of Nicomedes AIde pertinent to his alleged operation of cockpit in
the municipality. While Mr. Balboa testified that a "Tax Certification" is a
requirement for the issuance of a Mayor's Permit for Babatngon Gallera,
the evidence is insufficient to show that the accused proceeded to issue a
Mayor's Permit. Similarly, the testimony of Mr. Pulma, the Sanggunian
Secretary, did not point to any Mayor's Permit issued by the accused to
Babatngon Gallera, while the testimony of Ms. Rondina only showed the
accused issued a Mayor's Permit to the Liga ng mga Barangay to hold
cockfights during Saturdays.

27 GR No. 154182, December 17, 2004

28 Section I, Rule 131, Rules of Court
29 Exhibit "A"
30 Exhibit" A-I"
 Page 10 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
x ------------------------------------------------------------------------------------------------------------------------ x

Harping on the common testimony of these witnesses that a cockpit

owned by Nicodemes AIde operates in their town, the prosecution
postulates that a Mayor's Permit was issued by the accused, considering
that a cockpit operator needs to pay taxes and a Mayor's Permit to operate.
However, this is a sweeping assumption that is not sustained by clear and
convincing evidence. That the accused issued a Mayor's Permit is not
logically assumed from sheer cockpit operation in the municipality, which
is purely circumstantial or inconclusive. Byitself, the holding of cockfights
does not presuppose the existence of a Mayor's Permit by the accused in
this case, there being no other corroborative or relevant evidence to
establish such issuance.
In People vs. Galvez, 519 SeRA 521, it was held that every
circumstance favoring an accused's innocence must be duly taken into
account, the proof against him must survive the test of reason, and the
strongest suspicion must not be permitted to sway judgment. Well-
entrenched is the principle that conviction must rest, not on the weakness
of the defense but on the strength of the prosecution. 31 The burden is on
the prosecution to prove guilt beyond reasonable doubt, not on the
accused to prove his innocence. In this case the prosecution failed.

In Criminal Case No. SB-16-CRM-OS12

The situation is different in this case where the evidence adduced by
the prosecution showed that on April 13, 2012 a Mayor's Permit was
issued by the accused to the Liga ng mga Barangay, to quote:
MAYOR'S PERMIT
To Whom It May Concern:

THIS IS TO CERTIFY that the LIGA NG MGA

BARANGA Y of the Municipality of Babatngon, Leyte is
hereby granted this Mayor's Permit to hold COCKFIGHT
at the Barangay District Ill, Babatngon, Leyte, every
Saturday, as per SB Resolution No. 2749-12.

Done this 13th day of April 2012, Babatngon, Leyte,

Philippines." 32

True, the Mayor's Permit was backed up by the Sangguniang Bayan

Resolution No. 2749-12,which resolved:

31 People vs. Besmonte, G.R. No. 103306. April 5, 1993

32 Exhibit "H"
 Page 11 of 16
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People v. Chan
Criminal Case Nos. S8-16-CRM-0511 to 0512
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11 to grant the Liga ng mga Barangay

X X X

represented by ABC President Nicomedes AIde a Special

Permit to hold cockfighting every Saturday to be held as the
licensed cockpit of Babatngon, Leyte located at Barangay
District Ill, Babatngon, Leyte, X X X"33

However, the aforesaid Resolution appeared to have been instigated

by the accused herself who, as Municipal Mayor, favorably endorsed the
request of the Liga ng mga Barangay for a special privilege permit" to hold
cockfight every Saturdays in a Licensed Cockpit Arena,"34 through her
endorsement letter dated March 23,2012, as follows.v
Respectfully forwarded to the Honorable
Sangguniang Bayan of the Municipality of Babatngon,
Leyte is Resolution No. 2011-08 of the Liga ng mga
Barangay of this locality that requests the Mayor to grant
permit to the Liga ng mga Barangay to hold cockfights
every Saturday to be held at a licensed cockpit owned by
Nicomedes AIde x x x

The same Liga ng mga Barangay Resolution is being

forwarded to the Sangguniang Bayan with a request that a
resolution be adopted by the August Body interposing no
objection to the holding of cockfights every Saturday by
the Liga ng mga Barangay at the licensed cockpit at
Barangay District 3, Babatngon, Leyte.
x x x [Underscoring supplied]

This is notwithstanding Ordinance No. 281 otherwise known as An

Ordinance Codifying the General Ordinances of the Municipality of Babatngon,
Leyte, particularly Chapter 9, Section 6 thereof, which allows the holding
of cockfights only on the following days, to wit:
xxx

Section 6 - Holding of Cockfights - Cockfighting in a

licensed cockpit shall be allowed only on the following
days:
a. Sundays
b. Legal Holidays
c. During Local Fiestas for not more than three (3)
consecutive days
d. During an agricultural, commercial or industrial fair,
carnival or exposition held in the municipality for not

33 Exhibit -c-i
34 Exhibit "E"
35 Exhibit "F"
 Page 12 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
x-------------------------------------------------------------------------------------------------:---------------------- x

more than three (3) consecutive days and upon

resolution of the Sangguniang Bayan authorizing
cockfighting x x x
e. Special privilege to hold cockfighting - Subject to the
preceding provision thereof cockfighting may be
allowed within a licensed cockpit, playgrounds or
parks under the following conditions:

1. Entertainment of tourists x x x.
2. Support of national fund raising campaign for
charitable purposes authorized by the President.

xxx
f. Special Prohibitions - No cockfighting shall be allowed
on December 30 (Rizal's Day), June 12 (Independence
Day), Holy Thursday, Good Friday, election or
Referendum and during registration days for such
election or referendum x x x x

[Underscoring supplied]

Ordinance No. 281 of the Municipality of Babatngon IS a valid

ordinance as declared by the Sangguniang Panlalawigan of Leyte in its
Resolution No. 2011-509.36 Corollary thereto, the Municipality of
Babatngon in its Resolution No. 2705-11 adhered to the Sangguniang
Panlalawigan Resolution No. 2011-509by resolving to implement the
provisions of Chapter 9 of Ordinance No. 281.37 Being a legitimate local
enactment, the accused's non-compliance thereto in this case finds no
justification.
Similarly, Section 5(d) and (e) of Presidential Decree No. 449
otherwise known as The Cockfighting Law of1974, provide:
Section 5. Cockpits and Cockfighting: In General:
xxx

(d) Holding of Cockfights. Except as provided in this

Decree, cockfighting shall be allowed only in licensed
cockpits during Sundays and legal holidays and during
local fiestas for not more than three days. It may also be
held during provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or exposition for a
similar period of three days upon resolution of the

36 Exhibit "B_1"
37 Exhibit "B"
 Page 13 of 16
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People v. Chan
Criminal Case Nos. S8-16-CRM-0511 to 0512
x------------------------------------------------------------------------------------------------------------------------x
province, city or municipality where such fair, carnival or
exposition is to be held, subject to the approval of the Chief
of Constabulary or his authorized representative: Provided,
that, no cockfighting on the occasion of such fair, carnival
or exposition shall be allowed within the month of a local
fiesta or for more than two occasions a year in the same city
or municipality: Provided, further, that no cockfighting
shall be held on December 30 (Rizal Day), June 12
(Philippine Independence Day) November 30 (National
Heroes Day), Holy Thursday, Good Friday, Election or
Referendum Day and during Registration Days for such
election or referendum.

(e) Cockfighting for Entertainment of Tourists or for

Charitable Purposes. Subject to the preceding subsection
hereof, the Chief Constabulary or his authorized
representative may also allow the holding of cockfighting
for the entertainment of foreign dignitaries or for tourists,
or for returning Filipinos, commonly known as
"Balikbayan", or for the support of national fund-raising
campaigns for charitable purposes as may be authorized
by the Office of the President, upon resolution of a
provincial board, city or municipal council, in licensed
cockpits or in playgrounds or parks: Provided, that this
privilege shall be extended for only one time, for a period
not exceeding three days, within a year to a province, city,
or municipality.

Moreover, Section 3 of Ordinance No. 281 of the Municipality of

Babatngon laid down the requirement that only Filipino citizens shall own, 11

operate and manage cockpits preferably by cooperative capitalization." Said

requirement is adopted from Section 5 of Presidential Decree No. 449,
prescribing that only Filipino citizens not otherwise inhibited by existing laws
11

shall be allowed to own, manage and operate cockpits. Cooperative capitalization

is encouraged." Certainly, the Liga ng mga Barangay is not within the
contemplation of these laws entitled to operate or manage cockfights,
considering that the league is composed of barangay officials who are
prohibited from having interests in cockpit operation under Section
89(a)(2)of Republic Act No. 7160.

Thus, it was undoubtedly irregular for the accused to grant a

Mayor's Permit to the Liga ng mga Barangay "to hold COCKFIGHT at the
Barangay District Ill, Babatngon, Leyte, every Saturday x x x" to which it is
not legally entitled. To do so, as what the accused did in this case,
knowingly and intentionally, notwithstanding the afore-quoted
 Page 14 of 16
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People v. Chan
Criminal Case Nos. S8-16-CRM-0511 to 0512
x------------------------------------------------------------------------------------------------------------------------x
provisions of Ordinance No. 281 and Presidential Decree No. 449, makes
her act punishable under Section 30) of RA 3019.
The accused in her Memorandum= argues that the documentary
evidence of the prosecution were not properly identified because the
prosecution witnesses were not personally present when they were
executed by the signatories thereto, and that he has no personal
knowledge as to how these documents including the Mayor's Permit'?
came to exist. However, this argument lacks merit since the Mayor's
Permit marked as Exhibit "H" issued by the accused to the Liga ng mga
Barangay was not objected to by the accused when it was formally offered,
hence, it was admitted by the Court for the purpose for which it was
offered.w that is, to prove that the accused issued such permit in violation
of existing laws and ordinances.
Being a public document, this Mayor's Permit is a prima facie
evidence of the facts therein stated and a conclusive presumption of its
existence and due execution.f Prima facie evidence is evidence which if
unexplained or uncontradicted is sufficient to sustain a judgment in favor
of the issue which it supports.v To overcome such presumption, clear and
convincing evidence must be presented. Here, the accused failed to rebut
her issuance thereof by not presenting any evidence on the matter.
True, good faith is a valid defense in a prosecution for violation of
Section 30) of Republic Act No. 3019,43or that it may be shown that the
permittee or licensee is qualified as a defense.s- but as already stated, the
accused opted not to adduce any evidence to establish her innocence
despite the opportunity to do so. She rather limited herself to the
submission of a Memorandum where it was argued, albeit weakly, that
the evidence presented by the prosecution is generally wanting to prove
accused's guilt. On the contrary, the Mayor's Permit subject of Criminal
Case No. SB-CRM-OS12was shown to have been categorically issued by
the accused authorizing the Liga ng mga Barangay to hold cockfights on
Saturdays, which is prohibited by law.
Time and again, it has been ruled that in a criminal case, the accused
is entitled to an acquittal, unless his guilt is shown beyond reasonable

38 Record, p. 232
39 Exhibit "H"
40 Order dated November 21, 2017, Record, p. 221
41 Tornas Chua vs. Westmont Bank et al., February 27, 2012
42 Agpalo, Handbook on Evidence, First Edition, 2003. P. 346
43 Mendiola vs. People, G.R. No. 89983-87, March 6, 1992 [207 SCRA 85]
44 People vs. Sandiganbayan, G.R. 162748-50, March 28, 2006 [485 SCRA 473]
 Page 15 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
x------------------------------------------------------------------------------------------------------------------------x

doubt.s> Proof beyond reasonable doubt is meant to be that, all things

given, the mind of the judge can rest at ease concerning its verdict." It
does not mean such a degree of proof, as excluding the possibility of error,
produces absolute certainty. Only moral certainty is required, or that
degree of proof which produces conviction in an unprejudiced mind.s?
Given the evidence presented, the mind of this Court rests in finding that
the moral certainty that the accused is guilty in Criminal Case No. SB-16-
CRM-0512, is present.
WHEREFORE, premises considered, this Court finds the accused
Charita M. Chan GUILTY beyond reasonable doubt of violation of Section
30) of Republic Act No. 3019, as charged in SB-16-CRM-OS12 and is
hereby sentenced to suffer the indeterminate penalty of imprisonment
from Six (6) years and One (1) month, as minimum, to Seven (7) years, as
maximum, and perpetually disqualified to hold public office. However,
the accused Charita M. Chan is ACQUITTED of the same charge for
violation of Republic Act No. 3019, Section 30) in SB-16-CRM-OSll, for
insufficiency of evidence.
SO ORDERED.

MARYANN E. 0 PUS - MAN-ALAC

Ass ciate Justice

WE CONCUR:

d~.LAGOS
Associate Justice
Chairperson
ATTESTATION

I attest that the conclusions in the above decision were

reached in consultation before the case was assigned to the
writer of the opinion of the Court's Division.

~L~LAGOS
Chairperson, Fifth Division

45 People vs. Delantar, G.R. No. 169143, February 2, 2007 [514 SCRA 115]
46 Pilares vs. People, G.R. No. 165685, March 14, 2007 [518 SCRA 143]
47 Section 3, Rule 133, Rules of Court
 Page 16 of 16
Decision
People v. Chan
Criminal Case Nos. SB-16-CRM-0511 to 0512
x------------------------------------------------------------------------------------------------------------------------x

CERTIFICATION

Pursuant to Article VIII,Section 13 of the Constitution, and

the Division Chairman's Attestation, it is certified that the
conclusions in the above decision were reached in consultation
before the case was assigned to the writer of the opinion of the
Court's Division.

~~OM.~E-TAN
Presiding Justice