Board Thread:General Discussion/@comment-31359117-20170221090334

EO # 13 Will Expose Illegality of PCSO’s STL

The SC adds, “The familiar rule is that laws which grant the right to exercise a part of the police power of the state are to be construed strictly and any doubt must be resolved against the grant.” The police power mentioned here is a necessary corollary of any grant of gambling/gaming franchise by Congress. The SC also makes it clear that those engaged in legalized gambling are engaged in business “affected with public interest.” The phrase “affected with public interest” means that an industry is subject to control for the public good.

In Jaworski vs PAGCOR & SAGE [G.R. No. 144463. January 14, 2004], the SC emphasized the established legal tenet of delegata potestas non potest delegari, which is a fundamental principle in constitutional and administrative law that simply means "no delegated powers can be further delegated.",,

In fine, notwithstanding its existing legislative franchise, since there is nothing in the PCSO charter to show that it has been expressly authorized to relinquish or share this franchise, much less grant a veritable franchise to another entity, the conduct of the STL operations are patently illegal.  