The Court of Appeals has granted the motion for reconsideration and clarification on the writ of execution order by the lower court, filed by the Dumaguete City government, regarding two lotto machines confiscated from businesswoman Teresita Zamora.

In its decision released November 14, the CA said the ruling of the lower court to return the seized two lotto machines to Zamora can no longer be enforced, because of supervening events.

The controversy centered on whether or not the local government units can regulate the operation of lotto.

City legal officer Neil Ray Lagahit pointed out that, before the writ of execution was issued by the Court of Appeals, Judge Gerardo Paguio had already dismissed Zamora's petition for injunction, but the CA was not informed about this decision.

As a result, the writ of execution was enforced by the Provincial Sheriff's Office, through lawyer Ma. Antonia Bulado late last month, prompting the city to return the two lotto machines to Zamora. Lagahit and Vice Mayor William Ablong had also paid P30,000 each in fines for indirect contempt charges.

But with the latest CA decision, the city government is demanding that the provincial sheriff take back the two lotto machines from Zamora.

The first lotto machine was confiscated by the city in 2001 after the injunction petition of Zamora was dismissed by the Regional Trial Court Branch 33.

While the case was pending before the CA, Zamora reopened her lotto outlet and this led to the confiscation of the second lotto machine. Before the latest CA decision, Zamora had made public her desire to reopen her lotto outlet in Dumaguete.

But Lagahit told Zamora the city government will not hesitate to use its regulatory powers under the Local Government Code, Provincial Ordinance No. 4, and the Omnibus Tax Code of Dumaguete.*JG

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