FIRST DIVISION
[G.R. No. 1462. April 8, 1904. ]
LA RAZON SOCIAL DE HIJOS DE I. DE LA RAMA, Plaintiffs-Appellants, v. ROSENDO LACSON, Defendant-Appellee.
Ledesma & Sumulong, for Appellants.
R. Avanceña, for Appellee.
SYLLABUS
1. CONTRACTS; ILLEGAL CONSIDERATION; GAMBLING DEBT. — No action can be maintained for the recovery of money won in a game of chance, luck, or hazard.
D E C I S I O N
COOPER, J.:
The plaintiffs brought this action against Don Rosendo Lacson for the recovery of the sum of 2,950 pesos. The instrument upon which the demand is founded is as follows, to wit:jgc:chanrobles.com.ph
"I acknowledge to be in debt to Don Esteban de la Rama in the sum of 2,950 pesos, and in security for the same I sign these presents.
"R. LACSON.
"July 10, 1897."cralaw virtua1aw library
This document was transferred by successive indorsements to the plaintiff.
It is alleged in the complaint that the said sum of money was loaned without interest and without a fixed time of payment.
In his answer the defendant sets up as a defense that the note was given in consideration of a debt won by the plaintiff from the defendant in a game of monte.
The Court of First Instance found that the note was given for a gambling debt and held it upon these grounds to be invalid.
It is expressly provided in article 1798 of the Civil Code that no action can be founded upon a claim for a debt won in a game of chance, luck, or hazard.
This question arose in the case of Jose Escalante v. Venancio Francisco (1 Off. Gaz., 855 1) and in the case of Palma v. Cañizares (1 Off. Gaz., 516 2), which were suits founded upon notes the consideration of which were gambling debts. In these cases we have held that such actions can not be maintained.
The Court of First Instance properly rendered judgment in favor of the defendant and the judgment must be affirmed, with the costs of proceedings adjudged against the plaintiff, which is accordingly done.
Torres, McDonough and Johnson, JJ., concur.
Arellano, C.J. and Mapa, J., dissent.
"I acknowledge to be in debt to Don Esteban de la Rama in the sum of 2,950 pesos, and in security for the same I sign these presents.
"R. LACSON.
"July 10, 1897."cralaw virtua1aw library
This document was transferred by successive indorsements to the plaintiff.
It is alleged in the complaint that the said sum of money was loaned without interest and without a fixed time of payment.
In his answer the defendant sets up as a defense that the note was given in consideration of a debt won by the plaintiff from the defendant in a game of monte.
The Court of First Instance found that the note was given for a gambling debt and held it upon these grounds to be invalid.
It is expressly provided in article 1798 of the Civil Code that no action can be founded upon a claim for a debt won in a game of chance, luck, or hazard.
This question arose in the case of Jose Escalante v. Venancio Francisco (1 Off. Gaz., 855 1) and in the case of Palma v. Cañizares (1 Off. Gaz., 516 2), which were suits founded upon notes the consideration of which were gambling debts. In these cases we have held that such actions can not be maintained.
The Court of First Instance properly rendered judgment in favor of the defendant and the judgment must be affirmed, with the costs of proceedings adjudged against the plaintiff, which is accordingly done.
Torres, McDonough and Johnson, JJ., concur.
Arellano, C.J. and Mapa, J., dissent.
Endnotes:
1. 2 Phil. Rep., 650.
2. 1 Phil. Rep., 602.
