Only a Temporary Restraining Order from the court could stop the City from closing lotto outlets here.
Dumaguete Mayor Manuel Sagarbarria gave Closure Notices to 19 lotto outlets in the City.
In the Order, Sagarbarria gave the outlets, owned by 12 operators, 15 days or until August 18 to wrap up their operations.
The move came after the City Council voted last month to deny the granting of endorsements for applications from lotto operators.
City Legal Officer Neil Ray Lagahit said the Mayor gave a 15-day closure notice instead of an outright closure order, realizing that there are many processes involved in a lotto business. “This is also true to give deference to the Philippine Charity Sweepstakes Office (PCSO) because this is also a fellow government agency.”
Lagahit said lotto operations are legal per se because this has a congressional franchise but their existence in Dumaguete is deemed illegal because they do not have a Mayor’s Permit.
The Provincial Board of Negros Oriental had earlier issued Provincial Ordinance Number 4, requiring lotto operations to secure a provincial franchise before they are allowed to operate, in a test case for local autonomy.
Five lotto operators had filed cases against the City of Dumaguete during the time of Mayor Agustin Perdices to compel the City to allow them to operate. However, Lagahit said all five cases were decided by the Supreme Court in favor of the City. The next move of the lotto operators is to question the validity of Provincial Ordinance Number 4.
Lagahit said he had been calling the Hall of Justice last Friday to ask if a Temporary Restraining Order was issued against the City but since there was none, they proceeded to issue the Closure Notices.
“If the lotto operators will question Provincial Ordinance Number 4, that will be the job of the provincial attorney [to defend it],” Lagahit said.
The City Legal Officer also reminded the lotto operators to abide by the legal processes and not resort to extra-legal means. “We will use the necessary force to enforce the Order,” he said.
