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EN BANC

G.R. No. 1462  April 8, 1904

LA RAZON SOCIAL DE HIJOS DE I. DE LA RAMA,Plaintiffs-Appellants, vs. ROSENDO LACSON,Defendant-Appellee.

Ledesma and Sumulong for appellants.
R. Avanceña for appellee.

COOPER, J.:

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.chanrobles virtual law library

It is alleged in the complaint that the said sum of money was loaned without interest and without a fixed time of payment.chanrobles virtual law library

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.chanrobles virtual law library

The Court of First Instance found that the note was given for a gambling debt and held it upon these grounds to be invalid.chanrobles virtual law library

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.chanrobles virtual law library

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.chanrobles virtual law library

The Court of First Instance properly rendered judgment in favor of the defendant and the judgment must be affirmed, with the costs of proceedings adjudge against the plaintiffs, which is accordingly done.chanrobles virtual law library

Torres, McDonough and Johnson, JJ., concur.
Arellano, C. J. and Mapa, J., dissents.

Endnotes:

¹ 2 Phil. Rep., 650.chanrobles virtual law library

² 1 Phil. Rep., 602.