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[ G.R. No. 138298. March 21, 2000]
RAOUL B. DEL MAR, vs. PAGCOR, et al.
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated MAR 21 2000.
G.R. No. 138298 (Raoul B. Del Mar, vs. Philippine Amusement and Gaming Corporation, Belle Jai-alai Corporation, Filipinas Gaming Entertainment Totalizator Corporation.)
On May 6, 1999, Raul del Mar, as taxpayer and in his capacity as Member of the House of Representatives, filed with this Court a petition for prohibition with prayer for temporary restraining order against respondent Philippine Amusement and Gaming Corporation (PAGCOR) for conducting basque pelota games (jai-alai). Petitioner alleged that the operation of jai-alai games by PAGCOR is illegal since its franchise does not include the power to open, pursue, conduct, operate, control and manage jai-alai games in the country.
On June 17, 1999, while legislature was in recess, PAGCOR entered into a partnership agreement with Belle Jai-Alai Corporation (BELLE) and Filipinas Gaming Entertainment Totalizator Corporation (FILGAME) relating to the opening, operation, control and management of the jai-alai games in the country.
Consequently, on August 17, 1999, petitioner filed a motion for leave to file a supplemental motion impleading BELLE and FILGAME as additional respondents. Petitioner questioned the authority of PAGCOR to enter into an agreement with BELLE and FILGAME for the opening, establishment, operation, control and management of jai-alai games. Petitioner alleged that under the terms of the said agreement which was made co-terminous with PAGCOR's franchise, PAGCOR has virtually relinquished its control and management of jai-alai operations to BELLE and FILGAME. Petitioner also alleged that the joint venture agreement entered into by and between PAGCOR, BELLE and FILGAME require an open and fair public bidding.
PAGCOR, BELLE, and FILGAME were served copies of the supplemental petition on August 10, 1999.
On September 14, 1999, we issued a resolution granting the motion for leave to file and admit the supplemental petition filed by petitioner del Mar. Despite the fact that we admitted the supplemental petition impleading BELLE and FILGAME as additional respondents, only respondent PAGCOR was required to file comment thereon within ten (10) days from notice. Only the petitioner, the office of the Solicitor General (OSG) and PAGCOR were also furnished copies of the resolution.
On November 17, 1999, the Office of the Government Corporate Counsel (OGCC) filed its comment for respondent PAGCOR.
On December 7, 1999, the OSG filed a Manifestation praying that it be executed from filing comment on the petition in view of the comment filed by the OGCC.
Considering that BELLE and FILGAME were impleaded as additional respondents in the case at bar, it is necessary that they be required to file their respective comments.
ACCORDINGLY, the Court RESOLVES, without necessarily giving due course to the petition and supplemental petition, to require respondents Belle Jai-Alai Corporation and Filipinas Gaming Entertainment Totalizator Corporation to file their respective comments thereon within ten (10) days from notice.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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