G.R. No. 2353. October 28, 1905

The second paragraph of the complaint is as follows:”That on the 9th
day of September, 1900, in the town of Legaspi, Philippine Islands, the
defendant, by a promissory note, now due and payable, agreed to pay to
the plaintiff the sum of 1,420 pesos, Mexican currency, some time in
the said month of September, 1900.” The complaint is dated May 7, 1904.

The defendant in his answer states in the first paragraph as
follows:”The defendant admits the allegation contained in paragraphs 1
and 2 of the complaint.” In paragraph 2 of his answer, however, he
gives a history of the transaction and alleges as a defense that he
borrowed the money in question from the plaintiff because the latter
offered to loan it to him to gamble with at his, the plaintiff’s house.
In view of his answer, the plaintiff presented a motion for a judgment
on the pleadings for the reason that the defendant had admitted the
main allegation of the complaint, and the court entered judgment
accordingly, with interest. The defendant excepted to the judgment. The
case was duly submitted to this court.

The allegation of the defendant, that the money was loaned to him
for the purpose of gambling at the house of the plaintiff not being
sufficient to defeat plaintiff’s action, since only such money as is
lost at gambling, and not paid, can not be recovered by the creditor
under article 1798 of the Civil Code, it seems that the court below
applied section 107 of the Code of Civil Procedure and entered judgment
on the pleadings.

The court below says in its judgment, “the court finds that the
interest upon this amount for three years and eight months is 312 pesos
and 40 cents, Mexican currency, making a total of 1,732 pesos and 40
cents, Mexican currency, which is equivalent to 1,533 pesos and 10
cents, Philippine currency.”

Judgment was entered against the defendant and in favor of the plaintiff for this sum of money.

The judgment of the court below being in conformity with the law, we
hereby affirm the same in all respects. After the expiration of ten
days let judgment be entered in accordance herewith. So ordered.

Torres, Mapa, Johnson, Carson, and Willard, JJ., concur.