CA sides with Philracom in franchise row

General

The Court of Appeals (CA) has upheld its earlier ruling in favor of the Philippine Racing Commission (Philracom) and the Games and Amusements Board which ordered the Metro Manila Turf Club, Inc (MMTCI) to stop its operations last year.

In a resolution dated December 17 and written by Associate Justice Ruben Roxas, the CA said “there are no substantial matters which would warrant a reconsideration” of its earlier decision on February 19.

The CA ruled that the Mandaluyong Regional Trial Court (RTC) Branch 278 “committed grave abuse of discretion” in the case filed by MMTCI, which was no longer issued racing permits by Philracom after its franchise expired in April 2020.

Mandaluyong RTC Judge Jaime Fortunato Caringal ruled in favor of MMTCI on Nov. 19, 2019 and Sept. 11, 2020.

The CA also dismissed the petition filed by MMTCI before the Mandaluyong court, where it appealed that its original 25-year franchise to operate in Caloocan granted under Republic Act 7978 in April 1995 was amended by RA 8298 in 1997 from where its franchise must begin.

The amendment included Batangas, Cavite, Laguna, and Rizal, for holding or conducting horse races with betting.

In ruling against MMTCI, the CA said it should have questioned the order before the Philracom itself and/or appealed before the Office of the President.

The CA said that under the doctrine of exhaustion of administrative remedies, an administrative body must be given “every opportunity to decide a matter that comes within its jurisdiction”.

“A litigant cannot go to court without first pursuing his administrative remedies; otherwise, his action is premature and his case is not ripe for judicial determination,” the ruling read.

Source: Philippines News Agency

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