Leung Ben vs. O’Brien - Gambling

O’ Brien filed an action in the court of CFGI of

Manila to recover from Leung Ben the sum of

P15,000 alleged to have been lost by O’Brien to

Leung Ben in a series of gambling, banking and

percentage games:

Issue: WON O’Brien can recover the money from

Leung Ben.

Held: Yes. Upon general principles, recognized

both in the civil and common law, money lost in

gambling and voluntary paid by the loser to the

winner cannot, in the absence of statute, be

recovered in a civil action. But Act. No. 1757 of

the Phil. Comm, which defines and penalized

different forms of gambling contains numerous

provisions recognizing the right to recover money

lost in gambling. It must therefore be assumed

that the action of plaintiff was based upon the

right to recovery given by section 7 of said Act,

which declares that an action may be brought

against the banker by any person losing money at

a banking or percentage game.