GR 1462; (April, 1904) (Digest)
G.R. No. 1462 : April 8, 1904
LA RAZON SOCIAL DE HIJOS DE I. DE LA RAMA, plaintiffs-appellants, vs. ROSENDO LACSON, defendant-appellee.
FACTS:
The plaintiffs filed an action to recover the sum of 2,950 pesos from the defendant, Rosendo Lacson, based on a signed document dated July 10, 1897, wherein Lacson acknowledged a debt to Don Esteban de la Rama. This document was subsequently transferred to the plaintiffs. In his defense, Lacson contended that the debt represented in the note was incurred from a game of chance (monte) and was therefore a gambling debt. The Court of First Instance ruled in favor of the defendant, finding that the note was indeed given for a gambling debt and was thus invalid.
ISSUE:
Whether an action can be maintained to recover a sum of money based on a document where the consideration is a debt arising from a game of chance.
RULING:
No. The Supreme Court affirmed the judgment of the Court of First Instance. Citing Article 1798 of the Civil Code, which expressly provides that no action can be founded upon a claim for a debt won in a game of chance, luck, or hazard, the Court held that such actions cannot be maintained. This ruling is consistent with prior jurisprudence (Escalante vs. Francisco and Palma vs. Canizares). The complaint was therefore dismissed, and costs were adjudged against the plaintiffs.
