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SEPARATE OPINION
VITUG, J.:
I most humbly reiterate my separate opinion, promulgated on 29 November 2000 (along with the ponencia sought to be reconsidered), to the effect that -the authority of PAGCOR under its charter "to establish and operate clubs and casinos for amusement and recreation, including games of chance," 1 is broad enough to allow PAGCOR to operate all kinds of sports and gaming pools, inclusive of jai alai, but not in joint venture with Belle Jai Alai Corporation ("BELLE") and Filipinas Gaming Entertainment Totalizator Corporation ("FILGAME") which are not themselves holders of any legislative franchise. While PAGCOR is permitted under its charter to enter into various agreements in its authorized operations, that power, nevertheless, cannot be so construed as empowering it to pass on or share its franchise to anyone else. The grant of a franchise is a purely legislative act that cannot be delegated to PAGCOR without violating the Constitution. 2 The thesis rests on the maxim potestas delegata non delegari potest. Without a congressional franchise of its own, neither BELLE nor FILGAME, in fine, can lawfully engage in active endeavor with PAGCOR in conducting jai alai games.
ACCORDINGLY , I still vote (a) to the grant of the petitions insofar as they seek to enjoin respondent Philippine Amusement and Gaming Corporation (PAGCOR) from operating jai alai or basque pelota games through respondents Belle Jai Alai Corporation (BELLE) and/or Filipinas Gaming Entertainment Totalizator Corporation (FILGAME), or through any other agency for that matter, but (b) to deny the same petitions to the extent that they further seek to prohibit PAGCOR from itself managing or operating those games.
