The ignorance of the court or his lack of knowledge regarding the law applicable to a case

submitted to him for decision are not reasons for the court to dismiss the case without
deciding on the issues therein

The fact that the court does not know the rules applicable to a certain matter that is the subject of an
appeal which must be decided by him and his not knowing where to find the law relative to the case,
are not reasons that can serve to excuse the court for terminating the proceedings by dismissing them
without deciding the issues. Such an excuse is the less acceptable because, foreseeing that a case
might arise to which no law would be exactly applicable, the Civil Code, in the second paragraph of
article 6, provides that the customs of the place shall be observed, and, in the absence thereof, the
general principles of law. (CHU JAN vs LUCIO BERNAS, G.R. No.10010, August 1, 1916)

x—————x

THE IGNORANCE OF THE COURT OR HIS LACK OF KNOWLEDGE REGARDING THE LAW
APPLICABLE TO A CASE SUBMITTED TO HIM FOR DECISION ARE NOT REASONS FOR THE
COURT TO DISMISS THE CASE WITHOUT DECIDING ON THE ISSUE THEREIN

CHU JAN vs LUCIO BERNAS

G.R. No. 10010, August 1, 1916
Ponente, Araullo J.

FACTS:

This is an appeal by Chu Jan before the SC, challenging the decision of RTC dismissing his appeal of
the MTC’s ruling declaring the parties’ cock match draw.

Chu Jan, petitioner and Lucio Bernas, defendant, were the owners of the fighting cocks engaged in a
match in the Municipality of Tabaco, Albay. Each of the said persons had put up a wager of P160. The
referee declared defendant’s cock as the winner. Petitioner, then, filed a complaint asking that his
rooster be declared the winner. The justice of peace ruled that the bout was a draw. Petitioner filed an
appeal. The Judge dismissed the appeal governing cockfights and the duties of referees thereof; that
he does not know where to find the law on the subject and, finally, that he knows of no law whatever
that governs the rights of the plaintiff and the defendant in questions concerning cockfights.

ISSUE:

Can a judge dismiss a case appealed to him on the ground that he does not know the law on the
subject and where to find the same?

HELD:

No. The judge cannot dismiss a case submitted to him for decision on the ground that he does not
know the law on the subject and where to find the same.

The Civil Code, in the second paragraph of article 6, provides that the customs of the place shall be
observed, and, in the absence thereof, the general principles of law.

In this case, the Court held that ignorance of the court or his lack of knowledge regarding the law
applicable to a case submitted to him for decision, the fact that the court does not know the rules
applicable to a certain matter that is the subject of an appeal which must be decided by him and his
not knowing where to find the law relative to the case, are not reasons that can serve to excuse the
court for terminating the proceedings by dismissing them without deciding the issues. Such an excuse
is the less acceptable because, foreseeing that a case might arise to which no law would be exactly
applicable, Therefore the judgment and the order appealed from, hereinbefore mentioned, are
reversed and the record of the proceedings shall be remanded to the court from whence they came for
due trial and judgment as provided by law.
Therefore, the judge was incorrect in dismissing the appeal filed to him because he does not know the
law governing cockfights and the referees thereof.