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    005 - Leung Ben v. O'Brien, 38 PHIL 182

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    Pat Cruz
    The case involved a dispute over money lost in gambling between Leung Ben and O'Brien. O'Brien filed a lawsuit to recover ₱15,000 lost in gambling games with Leung Ben over two months. Leung Ben planned to leave the Philippines to avoid paying his creditors. The court ruled that the obligation under statute for one to return money won through gaming is an implied contract obligation, as the duty to refund gambling losses is imposed by law in the nature of a debt. The English authorities have also found that lost gambling money can be recovered through an action for money had and received.

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    005 - Leung Ben v. O'Brien, 38 PHIL 182

    Uploaded by

    Pat Cruz
    75 views1 page
    The case involved a dispute over money lost in gambling between Leung Ben and O'Brien. O'Brien filed a lawsuit to recover ₱15,000 lost in gambling games with Leung Ben over two months. Leung Ben planned to leave the Philippines to avoid paying his creditors. The court ruled that the obligation under statute for one to return money won through gaming is an implied contract obligation, as the duty to refund gambling losses is imposed by law in the nature of a debt. The English authorities have also found that lost gambling money can be recovered through an action for money had and received.

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    005 - Leung Ben v. O’Brien, 38 PHIL 182

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    The case involved a dispute over money lost in gambling between Leung Ben and O'Brien. O'Brien filed a lawsuit to recover ₱15,000 lost in gambling games with Leung Ben over two months. Leung Ben planned to leave the Philippines to avoid paying his creditors. The court ruled that the obligation under statute for one to return money won through gaming is an implied contract obligation, as the duty to refund gambling losses is imposed by law in the nature of a debt. The English authorities have also found that lost gambling money can be recovered through an action for money had and received.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    75 views1 page

    005 - Leung Ben v. O'Brien, 38 PHIL 182

    Uploaded by

    Pat Cruz
    The case involved a dispute over money lost in gambling between Leung Ben and O'Brien. O'Brien filed a lawsuit to recover ₱15,000 lost in gambling games with Leung Ben over two months. Leung Ben planned to leave the Philippines to avoid paying his creditors. The court ruled that the obligation under statute for one to return money won through gaming is an implied contract obligation, as the duty to refund gambling losses is imposed by law in the nature of a debt. The English authorities have also found that lost gambling money can be recovered through an action for money had and received.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Title: Leung Ben vs. O’brien, et al., G.R. No.

    L-13602 April 6, 1918

    TOPIC: Sources of Obligations - Law

    DOCTRINE: According to the Civil Code obligations are supposed to be derived either from (1)
    the law, (2) contracts and quasi-contracts, (3) illicit acts and omission, or (4) acts in which some
    sort of lame or negligence is present. The obligations which in the Code are indicated as quasi-
    contracts, as well as those arising ex lege, are in the common la system, merged into the
    category of obligations imposed by law, and all are denominated implied contracts.

    FACTS:

    O’Brien filed an action against Leung Ben to recover a total amount of P15,000.00 which the
    former lost in a series of gambling, banking and percentage games held in more than two
    months prior the filing of suit.

    The plaintiff asked for the attachment of the defendant’s properties on the grounds that the latter
    had plans of leaving the Philippines with the intent of defrauding his creditors. A writ of
    attachment was issued and the sheriff attached a sum of P15,000.00 which the defendant had
    deposited with the Banking Corporation on its authority.

    ISSUE:

    Whether the statutory obligation to restore money won at gaming is an obligation arose from
    “contract, express or implied.”

    Held:

    Yes. The Court explained that the duty of the defendant to refund the money which he won from
    the plaintiff at gaming is a duty imposed by statute. Moreover, this a duty in the nature of debt
    and is properly classified as an implied contract.

    It is well- settled by the English authorities that money lost in gambling or by lottery, if
    recoverable at all, can be recovered by the loser in an action of indebitatus assumpsit for money
    had and received.

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