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Judge Rules that Bingo sa Barangay is Lawful in Baguio

On December 4, 2006, a Judge ruled that the Bingo sa Barangay gaming operations managed by the Association of Barangay Councils (ABC) in Baguio, Republic of the Philippines are legal and binding under the Local Government Code (LGC). Regional Trial Court Judge (RTC) Branch 5 Judge Antonio Esteves said that under Section 391, Paragraph 11 of the Local Government Code the Barangay Council in Baguio may adopt or hold and authorize the local operations of the Bingo sa Barangay to raise the needed funds for the Barangay projects without needing to get a permit from the national or local government office or agency.

All collectors and personnel of the Bingo sa Barangay project need to wear proper identification cards issued by the ABC so that they would not be mistaken for "jueteng" bet collectors or the "kubradors" due to the proliferation of the illegal numbers game in the city. According to Judge Esteves, the basic right of every Local Government Unit (LGU) to make their own source of income is mentioned in the Constitution, but it must be strictly subjected to the regulation of the congress and by the local autonomy.

He also added that the Barangay Councils, through their own Barangay leaders, should keep an account of all of their funds and the purpose of the fundraiser that they have held. The Association of Barangay Councils has petitioned the court for a special civil action about a declaratory relief last year, February 13th, which claims that it is directly affected by the Republic Act (RA) 7160, especially Section 391, which gives the powers, duties and functions of the respective Barangay Councils to hold fund-raising activities that would not need any permission from the national or local agencies.

About 40 Barangays led by Trancoville, Military Cut-Off and Outlook Drive passed resolutions that would adopt the game of Bingo sa Barangay activity as the means to raise funds for the projects that are badly needed in their community. But on November 2005, some of the collectors of the Bingo sa Barangay were arrested for alleged violations of the Presidential Decree (PD) 1602 or the Anti-Gambling Law.

The charges were dismissed by the City Prosecutor's Office based on what the Barangay resolutions contained. On March 3, 2 more collectors for the Bingo sa Barangay were threatened to be arrested for the same charge, the Association of Barangay Councils filed a motion before the Regional Trial Court for the Temporary Restraining Order (TRO) against the officials and police officers of the Baguio City Police Office, which was granted immediately by the court.

 

Tuesday, May 08, 2007
Danny Hudson

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