G.R. No. L‑3094
December 12, 1906
FACTS
– Plaintiff Fred Sparrevohn sued to enforce an IOU for $271 signed by defendant Emil M. Bachrach.
– Defendant contended that the IOU represented a debt incurred from lost wagers in a game of poker, a game of chance allegedly prohibited by Art. 1798, Civil Code (which bars actions to recover winnings from games of chance unless fraud, minority, or incapacity is shown).
– No evidence was offered to establish the nature of the game or to prove that poker fell within the prohibited categories of “suerte, envite, or azar.”
– The IOU contained no explicit consideration; however, Art. 1277, Civil Code presumes a lawful consideration exists unless the contrary is proven.
ISSUE
Whether the IOU is enforceable notwithstanding the defendant’s claim that it stems from a prohibited gambling transaction, and whether the lack of a stated consideration defeats the contract.
RULING
– The Court held that the defendant failed to prove that poker was a prohibited game of chance under Art. 1798; absence of evidence precludes the application of the statute.
– Under Art. 1277, consideration is presumed lawful; the defendant offered no proof to the contrary.
– Consequently, the IOU is a valid contract, and the judgment for the plaintiff is affirmed.
– Costs were assessed against the appellant, and the judgment was to be entered after the statutory period.
Concurred by: Arellano, C.J., Torres, Mapa, Carson, and Tracey, JJ.
Justice Johnson did not sit.