MANILA JOCKEY CLUB, INC.

,
vs.
GAMES AND AMUSEMENTS BOARD, ET AL.,
PHILIPPINE RACING CLUB, INC.,

G.R. No. L-12727

February 29, 1960
BARRERA, J.:

FACTS:

RA 1502 increased the sweepstake draw and races to 12 but without specifying the days on
which they are to be run. Respondent Games and Amusement Board resolved to reduce the number of
Sundays assigned to private individuals and entities by 6. Petitioner Manila Jockey Club protested as
they claim they have the right to the unreserved Sundays stated in Sec 4 of RA 409, as later amended by
RA 983.

ISSUE:

Whether or not the petitioner has a vested right to the unreserved Sundays?

HELD:

No. The petitioner has no vested right to the unreserved Sundays or even to the 24 Saturdays
because their holding on races for these days are merely permissive, subject to the licensing and
determination by the Games and Amusement Board.

The language of Republic Act No. 1502 in authorizing the increase, clearly speaks of regular
sweepstakes draws and races. If the intention of Congress were to authorize additional sweepstakes
draws only which could, admittedly, be inserted in the club races, the law would not have included
regular races; and since regular sweepstakes races were specifically authorized, and it would be
confusing, inconvenient, if not impossible to mix these sweepstakes races with the regular club races all
on the same day, the conclusion seems inevitable that the additional sweepstakes draws and races were
intended to be held on a whole day, separate and apart from the club races.

The wordings of Sec 4 RA 309 as amended by RA 983 are merely permissive since the GAB
reserves the right to determine the holding of any event thus they have no vested right to the
unreserved Sundays.