[CASE DIGEST] Leung Ben vs. P. J. O’Brien, James A. Ostrand and Geo. R. Harvey [G.R. No.

L-13602, April
6, 1918]

Facts:

Upon December 12, 1917, an action was instituted in the Court of First Instance of the city of Manila by
P. J. O’Brien to recover of Leung Ben the sum of P15,000 alleged to have been lost by the plaintiff to the
defendant in a series of gambling, banking and percentage games conducted ruing the two or three
months prior to the institution of the suit. In his verified complaint the plaintiff asked for an attachment,
under section 424, and 412 (1) of the Code of Civil Procedure, against the property of the defendant, on
the ground that the latter was about to depart from the Philippine islands with intent to defraud his
creditors. This attachment was issued; and acting under the authority thereof, the sheriff attached the
sum of P15,000 which had been deposited by the defendant with the International Banking Corporation.

Issue:

Whether O’Brien’s obligation to return the money arises from law as stipulated in Art. 1157 of New Civil
Code.

Ruling:

Yes. Upon general principles,. Recognize both the civil and common law, money lost in gaming and
voluntarily paid by the loser to the winner can not in the absence of statue, 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
the playing of certain games.