Title
Yun Kwan Bung vs. Philippine Amusement and Gaming Corp.
Case
G.R. No. 163553
Decision Date
Dec 11, 2009
PAGCOR’s void Junket Agreement with ABS Corporation rendered gambling debts unenforceable; no implied agency or estoppel existed, denying petitioner’s claim for chip redemption.

Case Digest (G.R. No. 163553)
Expanded Legal Reasoning Model

Facts:

  • Parties and Background
    • Yun Kwan Byung (petitioner), a Korean national, played high‐stakes gambling at Casino Filipino in Manila between November 1996 and March 1997.
    • Philippine Amusement and Gaming Corporation (PAGCOR) is a government‐owned corporation created by Presidential Decree No. 1869 to operate casinos and generate revenue.
  • Junket Agreement with ABS Corporation
    • On April 25, 1996, PAGCOR and Korean‐based ABS Corporation executed a “Junket Agreement,” under which PAGCOR:
      • Provided ABS with distinct junket chips;
      • Agreed that ABS would account for and pay its players’ winnings and losses;
      • Reserved a 12.5% share of ABS’s gross winnings or USD 1.5 million over six months.
    • Petitioner claimed to have won chips worth USD 2.1 million, presented chips valued at USD 1.1 million, and was later refused cash redemption by PAGCOR; he deposited chips in a hotel safe each departure.
  • Proceedings Below
    • Trial Court (RTC Manila, Branch 13) (Decision May 6, 1999)
      • Held the Junket Agreement void as PAGCOR lacked authority to lease casino operations (charter violation).
      • Found petitioner was on notice of special rules (distinct chips, reserved gaming rooms, posted bilingual disclaimers).
      • Dismissed petitioner’s claim for redemption; applied agency, estoppel, and equity principles to leave parties in status quo.
    • Court of Appeals (CA) (Decision May 27, 2003; Resolution May 7, 2004)
      • Affirmed RTC:
        • Petitioner was a junket player subject to special rules; notices properly posted.
        • Void contract cannot give rise to implied agency or estoppel.
        • No equitable relief to one on clear notice of restrictions.
    • Petitioner filed Rule 45 Petition for Review before the Supreme Court.

Issues:

  • Whether PAGCOR is liable to petitioner under implied agency or agency by estoppel.
  • Whether intent of contracting parties is relevant to create agency affecting a third‐party.
  • Whether PAGCOR ratified or adopted the acts of ABS Corporation.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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