THE Supreme Court denied the Philippine Amusement and Gaming Corporation’s appeal on its previous ruling to remit the full amount of five percent of gross income to the Philippine Sports Commission from 1993 to the present, as indicated in Section 26 of the PSC Law under Republic Act 6847 with finality on Friday morning.
It affirmed its ruling on Yeng Guiao’s petition back when the fiery Rain or Shine coach was still a congressman for Pampanga's first district back in 2016.
READ: Multi-billion boost as Guiao petition on Pagcor remittance to PSC granted
In a decision penned by SC Senior Associate Justice Marvic M.V.F Leonen, the highest court in the land reiterated that PAGCOR and PCSO must submit a detailed account of the annual amounts owed to the PSC and the actual remittances made each year, from 1993 to present in the case of PAGCOR, and 2006 to present in the case of the PCSO.
The balance, according to the ruling, may be paid over a period of 10 years.
“This is a victory for Philippine Sports and our people in general. It's been long delayed justice that the Supreme Court has rectified with this landmark decision,” Guiao said.
“We should be grateful to all the justices of the supreme court for their unanimous judgement on this matter of utmost consequence to the future of Philippine sports.”
Both PAGCOR and the PCSO argued that Guiao violated “the principles of hierarchy of courts,” as Guiao went directly to the SC, while in another motion, PAGCOR argued that the retroactive application of the decision will lead to overremittance and overpayment of their income tax.
These motions were denied by the Supreme Court, stating that the rule of hierarchy will not prevent them from assuming jurisdiction when “the redress desired cannot be obtained in appropriate courts, or where exceptional and compelling circumstances justify availment of remedy within and calling for the exercise of this Court’s primary jurisdiction.”
Furthermore, PAGCOR’s insistence on applying the doctrine of operative fact in the spirit of equity and fair play was also denied, with the court stating that PAGCOR’s arguments are ‘untenable.’
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