JOAQUIN QUIMSING, petitioner-appellant,
vs.
CAPT. ALFREDO LACHICA, Officer-in-Charge of the PC Controlled-Police Dept., Iloilo City; LT. NARCISO ALIÑO, JR., Actg. Chief of Police of the City of Iloilo; and MAJ. CESAR LUCERO, PC Provincial Commander of the Province of Iloilo, respondents appellees.
CONCEPCION, J.:
FACTS:
1. Petitioner
Joaquin Quimsing is the owner and manager of a duly licensed cockpit.
2. February
13, 1958: the
cockpit was raided by members of the city police force and the Constabulary
under the command of Capt. Alfredo Lachica upon
the ground that it was being illegally operated on that day, which was
Thursday, not a legal holiday.
3. Quimsing
claimed that the cockpit was authorized to operate on Thursday by an ordinance
of the City Council of Iloilo, approved on October 31, 1956. This
notwithstanding, Capt. Lachica allegedly threatened to raid the cockpit should
cockfighting be held therein, thereafter, on Thursdays.
4. Quimsing and nine (9) other persons were arrested and then charged in the
Municipal Court of Iloilo with a violation of Article 199 of the Revised Penal
Code, in relation to sections 2285 and 2286 of the Revised Administrative Code.
5. Quimsing set up two (2) causes of action: one for the recovery from respondents, in their private capacity, of compensatory damages, as well as moral and exemplary damages allegedly sustained in consequence of the raid and arrest effected on February 13, 1958 before CFI Iloilo. upon
the ground that the same were made illegally and in bad faith, because
cockfighting on Thursdays was, it is claimed, authorized by Ordinances Nos. 5
and 58 of the City of Iloilo, in relation to Republic Act No. 938, and because
Quimsing was at odds with the city mayor of Iloilo; and another for a writ of
preliminary injunction, and, after trial, a permanent injunction, restraining
respondents, in their official, capacity, and/or their agents, from stopping
the operation of said cockpit on Thursdays and making any arrest in connection
therewith.
6. Respondent alleged that the raid and arrest were made in good faith, without malice and in the faithful discharge of their official duties as law
enforcing agents, and that, pursuant to the aforementioned provisions of the
Revised Penal Code and the Revised Administrative Code, petitioner cannot
legally hold cockfighting on Thursdays, despite said ordinances of the City of
Iloilo. Respondents, likewise, set up a P150,000 counterclaim for moral and
exemplary damages.
7. After due hearing, the Court of First Instance of Iloilo rendered judgment dismissing the petition, as well as respondents' counterclaim. Hence this appeal by petitioner.
ISSUE:
RULING:
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