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 toCourt 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 s 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 shal l 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.
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