G.R. No.

L-10010

August 1, 1916

CHU JAN, plaintiff-appellee,

vs.
LUCIO BERNAS, defendant-appellant.

Facts:
Plaintiff Chu Jan brought suit against the defendant when on their cockfight match on the afternoon of
June 26, 1913, defendant Lucio Bernas was declared the winner. Each of said persons had to put up a
wager of P160 before the cockfight. Plaintiff prayed before the justice of the peace court of the said
pueblo, that his own rooster be declared the winner. Justice of the peace court decided that bout was a
draw. Defendant appealed to Court of First Instance. Plaintiff filed his complaint, praying before the court
to render judgment ordering defendant to abide and comply with rules and regulations governing
cockfights, to the stipulated wager of P160 and return the other amount which is in safekeeping of the
Cockpit owner. Defendant denied all allegations and moved to dismiss cost against plaintiff. On
September 11, 1913, the Court of First Instance dismissed the appeal without special findings. Defendant
excepted to this judgment as well as to an order dictated by the same court on November 8th of the same
year, on the plaintiffs motion, an order ordering provincial treasurer and if possible, Municipal Treasurer of
Tabaco to release deposit of P160 and return to plaintiff Chu Jan. Proceedings was forwarded to
Supreme Court by means of proper bill of exceptions.
Issue:
Whether or not insufficiency of the laws is an acceptable ground for a judge or court to dismiss a case
without deciding the issues.
Held:
Ignorance of the court or his lack of knowledge regarding the law applicable to a case submitted to him for
decision, the fact that the court does not know the rules applicable to a certain matter that is the subject of
an appeal which must be decided by him and his not knowing where to find the law relative to the case,
are not reasons that can serve to excuse the court for terminating the proceedings by dismissing them
without deciding the issues. Therefore the judgment and the order appealed from, are reversed and to
record of the proceedings shall remanded to the court from where they came for due trial and judgment
as provided by law. In case of doubt, obscurity or insufficiency of the laws, the court can resort to observe
the customs known to the place and in the absence thereof, the general principles of law.