Chu Jan vs.

Bernas
34 Phil 631 (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 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:
Whether or not the Court is justified for not being able to properly render
judgment on the case

HELD:
No. 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.