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The Sandiganbayan convicted former Mayor Charita Chan of Babatngon, Leyte for violation of Section 3(j) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019) and sentenced her to imprisonment of six years and one month as minimum, to seven years as maximum, with perpetual disqualification from holding public office.

The court found that on 13 April 2012, Chan issued a mayor’s permit in favor of the Liga ng mga Barangay allowing it to hold cockfighting activities in a licensed cockpit every Saturday in violation of existing laws.

Under Presidential Decree No. 449 (The Cockfighting Law of 1974) and Municipal Ordinance No. 281, cockfighting in a licensed cockpit shall be allowed only on Sundays, legal holidays, during local fiestas, agricultural, commercial or industrial fairs, carnivals or expositions in the municipality for not more than three consecutive days, and upon a valid resolution passed for that purpose; while, a special privilege to hold cockfighting is allowed only for entertainment of tourists, or to support a national fund-raising campaign for charitable purposes authorized by the President.  Moreover, under Section 3 of Ordinance No, 281. only Filipino citizens are allowed to own, operate and manage cockpits preferably by cooperative capitalization.

“Certainly, the Liga ng mga Barangay is not within the contemplation of these laws entitled to operate or manage cockfights.  Thus, it was undoubtedly irregular for the accused to grant a mayor’s permit [in favor of Liga],” stated the court’s Decision.

Under Section 3(j) of R.A. No. 3019, it shall also be unlawful for any public officer or employee to knowingly approve or grant any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not qualified or entitled. ###