4/7/2021 E-Library - Information At Your Fingertips: Printer Friendly 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

Select target paragraph3