The Sangguniang Panlalawigan of Negros Oriental should not be included as defendant in the case filed by lotto operators in Dumaguete City, questioning the constitutionality of Provincial Ordinance 4-1996, SP member Saleto Erames said yesterday.

Erames, who authored PO No. 4, that seeks to regulate the operation of lotto in the province, said the SP, as a legislative body, makes laws, so it should not be included as defendant when questions of constitutionality or validity of laws are raised.

Nobody sues the House or Senate for passing what one perceives to be an unconstitutional law, he added. He asked his colleagues in the SP to petition the court to drop the Board as defendant.

Last week, 12 lotto operators petitioned the court to declare as null and void Ordinance 4-1996, and sought the issuance of a temporary restraining order to stop the Dumaguete City government from closing 19 outlets operating without permits.

But City Legal Officer Neil Ray Lagahit had said earlier that the notice of closure, that is supposed to take effect this week, will stay until a TRO is issued, or a status quo is ordered by the court.*JG

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