ARTICLE 9 DUTY OF COURTS TO DECIDE

CHU JAN VS LUCIO BERNAS GR NO L-10010 AUG 1, 1916

FACTS: Plaintiff Chu Jan brought suit against the defendant when on their cockfight match, defendant Lucio Bernas was declared the winner. Each had put up a wager of P160 before the cockfight. Justice of peace court decided that bout was a draw. Defendant appealed to Court of First Instance praying judgment and ordering defendant to abide and comply with rules and regulations governing cockfights,to pay P160 and return the other amount which is in safekeeping of Cockpit owner Tomas Almonte. Defendant denied allegations and moved to dismiss cost against plaintiff. Court of First Instance dismissed the appeal without special findings. On plaintiff's motion, an order ordering provincial treasurer and if possible, Municipal Treasurer of Tabacco to release Deposit of P160 and return to plaintiff Chu Jan. Proceedings was forwarded to Supreme Court by means of the proper bill of exceptions. ISSUE: Did Court of First Instance ere in dismissing the case without findings since grounds for dismissal pronounced by lower court appealed from ere that court has always dismissed cases of this nature, that he is not familiar with the rules governing cockfights and duties of referees; that he does not know where to find the law and that he knows of no law that governs the right to plaintiff and defendants concerning cockfights. Held: Ignorance of the court or lack of knowledge regarding law applicable to a case submitted to him for decision are not reasons that can serve to excuse the court for terminating the proceedings by dismissing them without deciding on the issue. Such excuse is less acceptable because foreseeing that a case may arise to which no law would be applicable, the Civil Code in 2nd paragraph of Art 6, provides that Customs of the place shall be observed and in absence thereof, the general principles of law. Therefore, the judgment and order appealed from are reversed and to record of the proceedings shall remanded to court from when they came for due trial and judgment as provided by law. No special finding is made with regard to cost.