G.R. No. 1462. April 08, 1904

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:

“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.”

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 vs. Venancio
Francisco (1 Off. Gaz., 855^[1]) and in the
case of Palma vs. Canizares (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 cost of proceedings
adjudged against the plaintiff, which is accordingly done.

Torres, McDonough, and Johnson, JJ., concur.

Arellano, C. J., and Mapa, J., dissent.

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^[1] 2 Phil. Rep., 650.

^[2] 1 Phil. Rep., 602.