Emilio G. Mapua v. Felix Mendoza

Summary

Emilio Mapua sued to recover gambling losses under Act No. 1757 after losing P19,100 in a monte game operated by defendants. When defendants failed to timely file responsive pleadings and instead submitted an untimely motion for bill of particulars, the trial court properly entered default judgment awarding double recovery (P38,200) as permitted by the Gambling Law. The Supreme Court affirmed, holding that the procedural default was proper since defendants neither answered nor demurred within the required time, and their motion to set aside lacked merit. The Court applied the Gambling Law's provision allowing recovery of losses plus an equal amount from game operators, making all defendants jointly and severally liable. Despite acknowledging the plaintiff's status as a gambler seeking legal recourse, the Court applied the law as written.