G.R. No. L-416; April 30, 1948
Gregorio Miguel, plaintiff-appellee, vs. Vicente Tose, Basilio Navarro, and Marciano Hernandez, defendants-appellants.

FACTS

The case originated from a dispute over the outcome of a cockfight. The combined bets on the two cocks totaled P860. The referee declared the defendants’ cock the winner. The plaintiff filed an action contesting this decision. The municipal court initially dismissed the case for lack of jurisdiction due to the amount involved. The plaintiff then filed the case in the Court of First Instance (CFI) of Zamboanga. The CFI reversed the referee’s decision and declared the plaintiff’s cock the winner. The defendants appealed, raising jurisdictional issues, leading to the case’s certification to the Supreme Court.

ISSUE

1. Whether the provisions of the Spanish Royal Decree “Reglamentos Sobre Galleras” governing appeals from a referee’s decision and the jurisdiction of courts over such disputes are still in force.
2. Whether the Court of First Instance had jurisdiction over the subject matter of the case.
3. Whether the plaintiff’s cock should have been declared the winner based on the facts and the applicable rules of cockfighting.

RULING

The Supreme Court reversed the decision of the Court of First Instance and reinstated the referee’s verdict in favor of the defendants.
1. The relevant procedural provisions of the Spanish Royal Decree on cockfighting (Articles 76, 77, and 80) regarding appeals, jurisdiction, and the prescriptive period for filing an action have been repealed by subsequent general laws. Specifically, Act No. 136 , as amended, now governs the jurisdiction of courts (granting CFIs appellate jurisdiction over justice of the peace courts and exclusive original jurisdiction for amounts of P600 or more), and Act No. 190 governs the statute of limitations (prescribing actions in six years).
2. However, the substantive rules for determining the winner in a cockfight under Articles 57 and 59 of the same Royal Decree remain in force, as they are not inconsistent with present laws and represent the customary rules observed by participants. These articles state that a cock that flees or turns its tail to the opponent, even if walking slowly, loses the fight.
3. On the merits, the Supreme Court found the plaintiff’s own testimony admitted that his cock fled or moved away from the fight. Applying Articles 57 and 59, such action constitutes a loss. Therefore, the referee correctly declared the defendants’ cock the winner. The CFI’s conclusion was not supported by the evidence. Costs were awarded against the plaintiff-appellee.

Separate Opinion:
Justice Perfecto, concurring, expressed strong moral condemnation of legalized gambling like cockfighting, describing it as a manifestation of cultural and moral backwardness, and urged a national effort to emancipate the people from such vices.

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