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constitute a holder in due course are lacking.[67] At bar, EPCIB failed to
prove that the elements of good faith and value are wanting.
Anent the element of good faith, [SCPL] showed that Llorente's averment
about the impossibility of having no face cards coming out after seven
consecutive deals, is not unusual in view of the small percentage of the total
number of cards exposed [as explained in the] judicial affidavit [of] Paul
Arbuckle, Head of Gaming of Star City Casino x x x [.]
xxxx
It bears to emphasize that Arbuckle had thirty (30) years work experience in
the different casinos located in Australia such that his knowledge and
expertise about the different casino games particularly Baccarat, cannot
easily be disregarded and overturned by a simple allegation of cheating
which has not been substantiated in view of the absence of a complaint [by]
Llorente to [SCPL's] personnel.
Moreover, Llorente's conduct after he complained about the purported fraud
in the casino counteracted whatever truth his claim has. For this purpose,
We acknowledge the [RTC's] disquisition, viz[.]:
xxxx
The [c]ourt finds it quite interesting, and contrary to human
behavior, that x x x Llorente, in spite of the alleged irregularities
in the [B]accarat table, continued to play in said casino. If there
were indeed irregularities, as being claimed by x x x Llorente, he
should have stopped playing and betting the cause it would entail
huge losses on his part. Considering that the amount of capital
involved was very substantial and considering further that x x x
Llorente, as his qualifications show, is admittedly an experienced
casino player x x x, the court finds it hard to believe that, if
indeed there were unlawful activities going on in the casino,
specifically in the [B]accarat table, that x x x Llorente would still
choose to continue playing, further risking his money.
xxxx
Contrary to EPCIB's assertion that the subject drafts were taken without any
value, We would like to point out that value "in general terms, may be some
right, interest, profit or benefit to the party who makes the contract or some
forbearance, detriment, loan, responsibility, etc. on the other side."[68]
Here, it was established that Llorente used the subject drafts to buy-in into
the Premium Programme of [SCPL's] casino which would entitle him to earn
one x x x percent [(1%)] cash commission or [zero point] one x x x percent
[(0.1%)] rebate on his gaming turn-over. This right to play under the
Premium Programme is enough to constitute as a "value" contemplated by
the law, thus, making [SCPL] a holder in due course.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/65911
11/22