Cited Laws
TL;DR — Ruling
WHEREFORE , the petition is GRANTED . Public respondent Zamboanga Economic Zone Authority is DIRECTED to CEASE and DESIST from exercising jurisdiction to operate, license, or otherwise authorize and regulate the operation of any games of chance. And private respondent Philippine Gaming Jurisdiction, Incorporated is DIRECTED to CEASE and DESIST from operating any games of chance pursuant to the license granted to it by public respondent. SO ORDERED.
Accordingly, both laws have to be taken in the light of what Congress intended them to be, and the distinction that the lawmakers made when they enacted the two laws. Coming to the issue at hand, the ZAMBOECOZONE Charter simply allows the operation of tourism-related activities including games and amusements without stating any form of gambling activity in its grant of authority to ZAMBOECOZONE. On the other hand, the grant to CEZA included such activities as horse-racing, dog-racing and gambling casinos. x x x x In view of the foregoing, we are of the opinion that under its legislative franchise (RA 7903), the ZAMBOECOZONE is not authorized to enter into any gaming activity by itself unless expressly authorized by law or other laws specifically allowing the same. (Emphasis supplied) Both PAGCOR and the Ecozones being under the supervision of the Office of the President, the latter's interpretation of R.A. No. 7903 is persuasive and deserves respect under the doctrine of respect for administrative or practical construction . In applying said doctrine, courts often refer to several factors which may be regarded as bases thereof - factors leading the courts to give the principle controlling weight in particular instances, or as independent rules in themselves. These factors include the respect due the governmental agencies charged with administration, their competence, expertness, experience, and informed judgment and the fact that they frequently are the drafters of the law they interpret; that the agency is the one on which the legislature must rely to advise it as to the practical working out of the statute, and practical application of the statute presents the agency with unique opportunity and experiences for discovering deficiencies, inaccuracies, or improvements in the statute. [8] In fine, Section 7(f) did not grant to the ZAMBOECOZONE Authority the power to operate and/or license games of chance/gambling. WHEREFORE , the petition is GRANTED . Public respondent Zamboanga Economic Zone Authority is DIRECTED to CEASE and DESIST from exercising jurisdiction to operate, license, or otherwise authorize and regulate the operation of any games of chance. And private respondent Philippine Gaming Jurisdiction, Incorporated is DIRECTED to CEASE and DESIST from operating any games of chance pursuant to the license granted to it by public respondent. SO ORDERED.