Friday, May 7, 2010

Who is operating the newly revived Jai Alai?

The Cagayan Jai Alai SPECIAL LLAVE airs at 12 midnight over IBC-13, Monday to Saturday. Notice how it is carried all over the South (where MASIAO is the big thing) over radio (see running scroll on the screen). Reports say that the Jai Alai SPECIAL LLAVE is the basis for determining Masiao winners.

The Jai Alai, long banned, is operated by the outfit of a former Cabinet official, known in select circles as the front man of a notorious gentleman. So, are you surprised that this is now operating? — Billy Esposo


Cagayan judge says jai alai revival legal
by Ray Enano
from Manila Standard Today

Nilo Aldeguer, senior deputy administrator of the state-run Cagayan Economic Zone Authority, called up this writer last week to explain that the government had lost its case on jai alai against Meridien Vista Gaming Corp.

“Our hands are tied,” says Aldeguer, sounding resigned to the decision of a Cagayan judge, who ruled in favor of Meridien. Cagayan judge Oscar Zaldivar, in an Oct. 30, 2009 decision, ruled that Ceza had the authority to establish, manage and operate jai alai, citing the first opinion issued by Office of the Government Corporate Counsel in 2007.

“The authority to license a jai alai, while not expressly granted, may be implied from the mandate and governmental purpose given by the law of its creation,” says Zaldivar.

Zaldivar dismissed the second opinion of the Office of the Government Corporate Counsel in March 31, 2009, which asserted that “the grant of franchise to operate jai alai must be clearly and explicitly provided by law.” The judge ruled that the earlier opinion of the OGCC “deserves more credence and considered still in effect in view of the imprimatur of the Secretary of Justice…”

Zaldivar further ruled that Ceza gravely abused its discretion when it ordered Meridien to stop all its gaming operation on the basis of the second opinion of the OGCC. “As admitted by respondent [Ceza], petitioner [Meridien] has not violated any of the terms and conditions in the licensing agreement and its decision to stop petitioner’s operation was only in conformity with the OGCC’s second opinion.”

Then Acting Secretary Agnes Devanadera, meanwhile, offered no help to Ceza when the Cagayan zone operator sought guidance on its authority to operate or license jai alai games, especially with OGCC’s second opinion. Devanadera, in her Oct. 12, 2009 letter to Ceza administrator and chief executive Jose Marie Ponce, said she could no longer issue any advice after the Cagayan court took over the legal issue surrounding jai alai.

Devanadera said the first OGCC opinion “remains to be our advisory opinion on the matter, subject, however, to the final decision of our courts on the power of Ceza to establish, manage or operate jai alai games within its area.”

Ceza allowed Meridien to establish a jai alai fronton as well as telecommunication and other support service facilities within the Cagayan free port, where the games could be broadcast. It also granted Meridien the authority to license off-fronton stations anywhere within the free port and in any place allowed by law.

But Ceza ordered Meridien to stop its operations after exceeding its authority and expanding outside of Cagayan. Ceza also invoked the second OGCC opinion, which said “the grant of franchise to operate jai alai must be clearly and explicitly provided by law.” (See March 18, 2009 column)
Meridien sued Ceza for “mandamus and damages” and won the case and the appeal in the Cagayan court.

The court decision has paved the way for Meridien to resume jai alai games inside the special economic zone in Sta. Ana, Cagayan by the end of this month.

Philippine Jai Alai and Amusement Corp. was the last company that operated and conducted the game on Taft Avenue, Manila by virtue of Presidential Decree 810.

E-mail: rayenano@yahoo.com; business@manilastandardtoday.com

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