Jai alai row sparks volley of TROs

The legal battle over jai alai widened on Tuesday when a Pasay City judge ordered Justice Secretary Leila de Lima and Interior Secretary Jesse Robredo to hold off for 72 hours the implementation of their order for the arrest of the operators and collectors of off-fronton betting stations.

De Lima stressed, however, that the government crackdown on off-fronton betting centers was based on a Court of Appeals order and that the judge’s directive would not hamper the operation against those betting joints.

“We expect that this is just the beginning. There would be more cases to be filed against us,” De Lima said in a news briefing.

The Pasay City Regional Trial Court issued a temporary restraining order (TRO) against De Lima and Robredo following a complaint from Ferdinand Ojerio, owner of Green Lotus Amusement Center.

“I don’t think the Pasay judge’s TRO will affect the ongoing operations since the Court of Appeals had issued an order,” De Lima said.

She was referring to the appellate court’s own TRO issued on June 23, which ordered two judges of the Aparri Regional Trial Court not to implement for 60 days their TRO against the GAB.

The appellate court’s order was prompted by a petition from the GAB seeking to overturn the Aparri judges’ order blocking implementation of the GAB’s cease-and-desist order against Meridien.

In that order against Meridien, the GAB said: “Wherefore … (Meridien) and all entities operating jai alai betting stations under authority from (Meridien) are hereby ordered to cease and desist from operating their establishments as such until further orders from this board.”

“Since there is the TRO from the Court of Appeals, the cease-and-desist order of GAB is there. It’s binding,” De Lima said.

‘Meridien dummy’

Green Lotus claims to be an authorized off-fronton betting station of Meridien Vista Gaming Corp., which operates televised jai alai games from the Cagayan Economic Zone Authority (Ceza).

“I wouldn’t be surpised if this is a dummy of Meridien,” De Lima said.

The TRO against De Lima and Robredo was issued by Pasay City RTC Judge Caridad Grecia-Cuerdo, who said Executive Judge Pedro Corales had inhibited himself from the case because of his affiliation with De Lima.

It was the latest twist in the legal skirmish over the operation of jai alai in the Philippines, a game first introduced in this country by Spaniards 112 years ago and banned by the late President Corazon Aquino in 1987.

Complainant Ojerio runs a betting station at 611 Compound, Barangay 192, MIA Road, in Pasay City. The TRO, which also covers the Philippine National Police and other law enforcement agencies, lapses today (Wednesday).

Judge Francisco Mendiola of RTC Branch 115, to whom the case was raffled off, set a hearing on Ojerio’s complaint for today.

In his complaint, Ojerio asked the court to void De Lima and Robredo’s order as unconstitutional and violated his rights to due process.

‘Extreme urgency’

Cuerdo, in her order, said the matter “is of extreme urgency considering that at any time from today, the PNP and other law enforcement agencies might cause the … seizure of plaintiff’s off-fronton betting stations without due process.”

The law enforcers might also arrest some people “despite the pending questioned issue on the legality of the franchise issued to Meridien Vista and Gaming Corp. with the Court of Appeals,” Cuerdo added.

The memorandum issued by De Lima and Robredo ordered the PNP and other law enforcement agencies “to proceed with the search and seizure of off-fronton betting stations … as well as effect the arrest and prosecution of operators and maintainers.”

They ordered the PNP and the National Bureau of Investigation to lead the crackdown on all jai alai betting joints outside the Cagayan free port.

Only outside Ceza

At a separate press briefing, Robredo reiterated his order to the police to close down betting centers outside the Cagayan free port.

He said that as far as he knew, the jai alai games themselves could continue.

Robredo said that Meridien “might have gotten a franchise (baka may nakuha) from the GAB (Games and Amusement Board).”

“The games will not be stopped. We will only stop the bet collections outside Cagayan,” he added.

“There are no existing laws allowing off-fronton bets. So they are not allowed to collect bets outside Cagayan and all permits to Meridien should be cancelled,” he said.

Atong Ang

In an e-mailed statement, Meridien spokesperson Raul Banderas assailed the allegations against Meredien, describing them as “malicious at best and sinister at worst.”

“Meridien is not violating any law or committing any illegal acts … In fact, we are a victim of trial by publicity and continuing harassment,” Banderas added.

He also denied allegations that Charlie “Atong” Ang—once a gambling buddy of former President Joseph Estrada—owned Meridien.

He said Ang did not have a “share or any stake” in Meridien and that Ang was just hired as a consultant, being “an expert technical consultant on the game.”

He said Ang’s work as a consultant ended with the start of the operations of Meridien and that Ang’s relationship with the gaming firm “was downgraded into a consultant on call.”

“Attempts to paint (Meridien) as Ang and Ang as (Meridien) are malicious, especially since news reports paint Ang as a criminal figure, therefore anything associated with Ang is criminal as well,” Banderas said.

Foreign investor

He also maintained that what the appellate court restrained in its June 23 order involved only issues about the GAB’s regulatory power over jai alai.

“The case revolving around GAB’s attempts to exercise regulatory powers over (Meridien) is one of a simple regulatory issue and is not an order to shut down jai alai or (Meridien) operations,” he argued.

A Meridien press release said Meridien president Aitor Totoricaguena lamented that his company was being associated with Ang.

“As a foreign investor, he is now forced into a situation where his investments and commitments with other entities abroad are put in jeopardy because of flip-flops in the views and opinions of government functionaries as regards the legality of the jai alai project,” the press release said.