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O'BRIEN
G.R. No. L-13602 April 6, 1918
FACTS:
An action was instituted by P. J. O'Brien to recover the sum of
P15,000 alleged to have been lost by Leung Ben to P.J. OBrien
in a series of gambling, banking and percentage games
conducted during the two or three months prior to the
institution of the suit. In Leung Bens verified complaint,
OBrien asked for an attachment against the property of Leung
Ben on the ground that the latter was about to depart from
the country with intent to defraud his creditors. This
attachment was issued, and acting under that authority, the
sheriff attached the sum of P15,000 which had been deposited
by OBrien with the International Banking Corporation.
Leung Ben filed a motion to quash the attachment, which was
dismissed by the court. Hence this application for a writ of
certiorari, the purpose of which was to quash an attachment
issued from the Court of First Instance.
ISSUE:
Was the statutory obligation to restore money won at gaming
an obligation arising from "contract, express or implied?"
RULING:
By all the criteria which the common law supplies, this a
duty in the nature of debt and is properly classified as an
implied contract.
Upon general principles, recognized both in the civil and
common law, money lost in gaming and voluntarily paid by the
loser to the winner cannot, in the absence of statute, be
recovered in a civil action. But Act No. 1757 of the Philippine
Commission, which defines and penalizes several forms of
gambling, contains numerous provisions recognizing the right
to recover money lost in gambling or in playing certain games.