PERSONS

Doctrine: Doctrine of Stare Stare Decisis (NCC 8)

Title
GR No. L-10010
Date: August 1, 1916
CHU JAN v. BERNAS
Ponente: ARAULLO, J.
CHU JAN, plaintiff - appellee,

LUCIO BERNAS, defendant - appellant.

Nature of the Case: Appeal from the decision of CFI Albay

FACTS
On the afternoon of June 26m 1913, a match was held between two cocks belonging to the
two parties. Each of said persons had to put up a wager of P160. The referee declared Bernas
cock as the winner. Chu Jan brought suit against Bernas in the Justice of Peace Court, asking
that his rooster be declared winner. The Justice of Peace decided that the fight was a draw.
Bernas appealed to CFI. Chu Jan filed his complaint and prayed to render judgment ordering
defendant to abide by the rules and regulations governing cockfights to pay the stipulated
wager of P160; to return the other P160, and to assess the costs of both instances against the
Bernas.
On September 11, 1913, the CFI rendered judgment dismissing appeal without special
finding as to costs.
ISSUE/S
WON the CFI of Albay erred in dismissing the case. YES!!
RATIO
The grounds of dismissal is that the court has always dismissed cases of this nature, that he is
not familiar with the rules governing cockfights; that he does not know where to find the law
on the subject and he knows of now law that governs the rights concerning cockfights. such
are not reasons that can serve to excuse the court for dismissing the proceedings without
deciding the issues.
Foreseeing that a case might arise to which no law would exactly be applicable, 2 nd par of CC6
provides that customs of the place shall be observed, and, in the absence thereof,
the general principles of law.
WHEREFORE the judgment and the order appealed from, hereinbefore mentioned, are
reversed and to record of the
proceedings shall remanded to the court from whence they came for due trial and judgment
as provided by law.
No special finding is made with regard to costs. So ordered.
Notes