Another lotto outlet was padlocked by the Dumaguete City Hall yesterday, in line with the Regional Trial Court Branch 41 decision upholding the validity of the cease-and-desist order of Mayor Agustin Perdices on July 18, 2001.

The lotto outlet located at Flores Avenue, Barangay Looc, Dumaguete is owned by Angelica Medina.

In a five-page order, RTC Branch 41 Judge Araceli Alafriz, dismissed the complaint of Medina for declaratory relief and injunction with prayer for the issuance of a temporary restraining, against the city government, on July 19, 2001.

Alafriz said it is within the power of the city government, in the exercise of its police power, to regulate all kinds of business activities including the operation of lotto on-line terminals within its territorial jurisdiction. The authority is granted by the Local Government Code of 1991, the judge said.

Alafriz added that Provincial Ordinance No. 4 also requires lotto operators to first secure a franchise to do business in Oriental Negros.

City legal officer Neil Ray Lagahit said the city government has already won five out of the six cases it has filed against lotto operators. He said the city lost its case only against Mariano Lim. Of the five cases, complainant Teresita Zamora elevated her case to the Court of Appeals.

Lagahit reiterated that the city is not prohibiting the establishment and operation of lotto on-line terminals in Dumageute, provided these activities do not violate existing zonal, health, fire safety, building and sanitation ordinances.

He said these measures are all intended to protect and promote the general welfare of the people.*JG

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