Title
Reyes vs. Martinez
Case
G.R. No. 1724
Decision Date
Dec 11, 1905
Promissory note dispute over 1,200 pesos; court ruled "burro" a game of skill, not chance, making debt enforceable.
A

Case Digest (G.R. No. 206114)

Facts:

  • Background of the Case
    • Alejandro Reyes, the plaintiff and appellant, brought an action against Francisco Martinez, the defendant and appellee, upon a promissory note.
    • The note, dated August 1, 1903, stated in Spanish and figures:
      • “Por 1,200 pesos. Pagare en virtud del presente a los treinta dias de la fecha y a la orden del Senor Alejandro Reyes la cantidad de mil doscientos (1,200) pesos valor recibido del mismo en efectivo para operaciones de comercio.”
    • The transaction involved a sum of 1,200 pesos corresponding to money received purportedly for commercial operations.
  • Transaction Details and Defense Raised
    • The defendant raised the defense that the promissory note had been executed and delivered in payment for a debt arising from a game known as “burro.”
    • According to the defendant, the sum of 1,200 pesos represented money lost during the playing of “burro,” a game he argued was based entirely on chance and therefore prohibited under the applicable laws.
    • The defense relied on Article 1798 of the Civil Code, which restricts any action to claim what is won in a game of chance, luck, or hazard, except in cases involving fraud or the party’s incapacity (minor or of unsound mind).
  • Procedural History and Alleged Errors
    • The trial court – a Court of First Instance in Manila – rendered judgment in favor of the defendant, accepting the defense that the note was executed in payment for money lost in a prohibited game.
    • The appellate brief by Alejandro Reyes enumerated four alleged errors from the trial court’s decision:
      • a. The admission of evidence outside the document’s contents without proof of fraud, deceit, or violence.
      • b. The declaration that the plaintiff had won 1,200 pesos in the game “burro.”
      • c. The characterization of “burro” as a game of chance, thereby making the debt unenforceable.
      • d. The ruling that a payment gained in a game of chance is not enforceable even when the debtor expresses willingness to pay.
    • The appellate court, however, focused on the third alleged error regarding the nature of the game “burro.”

Issues:

  • Whether the game “burro” should be legally defined as a game of chance, luck, or hazard, and thus be subject to the prohibition under Article 1798 of the Civil Code.
  • Whether a promissory note executed and delivered in settlement of a debt arising from money lost in the game “burro” is enforceable if the game is found not to be exclusively a game of chance.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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