SC junks plea of Korean
The Supreme Court (SC) has upheld the decision of the Court of Appeals (CA) which junked the petition of a Korean national who sought to redeem some $2.1 million worth of gambling chips from the Philippine Amusement and Gambling Corporation (PAGCOR).
In a 23-page decision written by Associate Justice Antonio T. Carpio, the Second Division of the SC said the petitioner, Yun Kwan Byung played under special gambling rules imposed by the Korean firm ABS Corporation by virtue of a Junket Agreement entered by ABS and PAGCOR in 1996.
Since the trial court nullified the Agreement for violating the PAGCOR charter and the High court affirmed it, Yun cannot claim a right based on a void agreement.
Associate Justices Conchita Carpio Morales, Teresita J. Leonardo – de Castro, Mariano C. Del Castillo and Roberto A. Abad concurred in the decision.
Under the Agreement, PAGCOR would provide ABS with separate junket chips for use of ABS players and the latter would be solely responsible for the payment of the winnings of its foreign players. The agreement likewise freed PAGCOR of any liability that may arise from the said agreement.
In providing the gaming facilities to the foreign players, the agreement entitled PAGCOR to a share of 12.5 percent or $1.5 million in gross winnings of ABS.
The agreement, therefore, according to the trial court amounted to sharing PAGCOR’s franchise which its charter does not allow resulting in the nullification of the Junket agreement