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[av_heading heading=’The last two hours of Sam Aguilar ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’18’ padding=’10’ color=” custom_font=” av-medium-font-size-title=” av-small-font-size-title=” av-mini-font-size-title=” av-medium-font-size=” av-small-font-size=” av-mini-font-size=” admin_preview_bg=”]
BY HERBERT VEGO
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Thursday, March 22, 2018
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TO THE people who personally knew the late Sam Aguilar, 47, his assassination by ambuscade remains mysterious. The man had not even named any personal enemy; had opted instead to smoke the peace pipe with bookie competitors.
Aguilar – chief operating officer of Eagle Crest Gaming and Holdings Corp., franchisee of the Small Town Lottery (STL) for Iloilo province – was ambushed on board his van in Barangay Buyuan, Tigbauan, Iloilo at around 11 a.m. Tuesday, March 13. He had just left the Regional Trial Court (Branch 67) of Guimbal, Iloilo and was on his way to Iloilo City. He survived but succumbed to multiple organ failure at the Medical City at 11:15 p.m., Saturday.
To this day, the Philippine National Police (PNP) has named no suspects.
Except for that four-day hospital battle, the only battle Sam was fighting was a court battle. In fact, it was on that fateful Tuesday when he showed up for the first and the last time at the Guimbal RTC, before Judge Nelson Bartolome. We were there to cover the hearing.
Together with lawyer John Leo Solinap, Aguilar arrived at 8:30 a.m. But since four other cases were listed ahead of his “petition for declaratory relief,” he had to wait idly for his turn in the next two hours.
Sam had asked the court to declare null and void SB Ordinance 2017-012, empowering the municipal government to regulate the operation of the STL in Tigbauan.
It would restrict bet-takings within areas designated by the mayor, require the franchisee to secure mayor’s permit and other permits, require STL sales representatives and supervisors to secure barangay and police clearances, impose fines for violations of aforesaid requirements, impose time limit (6 a.m. to 7 p.m.) within which to take bets, and require franchisee to furnish the municipal police station with names of ID-bearing employees and bet collectors.
Aguilar had questioned the authority of the municipality to regulate STL because it would contravene Republic Act 1169 which provides that “the Philippine Charity Sweepstakes Office (PCSO) and its lottery ticket sellers, including lotto sales agents, are not required to secure business permits/licenses from the province, city or municipality where they may operate and are also exempt from the authority of the local government units (LGUs) to impose taxes, fees or charges on the PCSO lotto ticket outlets.”
Incidentally, to cite a judicial precedent, the Supreme Court (SC) had decided favorably on a petition filed by lotto sales agents in Cebu City, declaring null and void the act Mayor Alvin Garcia, who was already regulating lotto outlets
On Jan. 28, 2011, the PCSO issued a certification, clarifying that lotto, keno, STL and other PCSO-authorized games are exempted from securing mayor’s permit and from paying whatever fees to the local government.
However, to go back to the Guimbal RTC hearing, Judge Bartolome – after briefly listening to petitioner’s and respondent’s lawyers — refused to rule on Aguilar’s petition because “it would serve no purpose,” having impleaded only the Tigbauan SB but not the municipal mayor (obviously referring to Suzette Alquisada) who would be its implementor.
After directing the petitioner’s lawyer to amend the petition within 10 days, the judge adjourned the day’s session.
The adjournment was the only time that Sam Aguilar found the opportunity to talk to – and shake hands with – the judge and the defendant’s lawyers.
By the way, Eagle Crest’s petition had originally been scheduled for Feb. 27 but was postponed to March 13 for whatever reason. Had there been no postponement, would Sam Aguilar have remained alive?
There could be no correct answer to what might have been. (hvego31@gmail.com /PN)
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