J.A.B. Bulao & Associates

CASE 2017-0019- WILLIAM ANGIDAN SIY, VS. ALVIN TOMLIN, (G.R. No. 205998 24 APRIL 2017, DEL CASTILLO, J.🙂 (SUBJECT/S: REPLEVIN) (BRIEF TITLE: SIY VS. TOMLIN)

DISPOSITIVE:

“WHEREFORE, the Petition is DENIED. The October 9, 2012 Decision and February 19, 2013 Resolution of the Court of Appeals in CA-G.R. SP No.124967 are AFFIRMED WITH MODIFICATION, in that the subject Land Rover Range Rover, with Plate Number ZMG 272 and particularly described in and made subject of these proceedings, is ORDERED RETURNED to respondent Alvin Tomlin as its registered owner.

SO ORDERED.”

SUBJECTS/DOCTRINES/DIGEST:

“Considering that he was no longer the owner or rightful possessor of the subject vehicle at the time he filed Civil Case No. Q-11-69644 in July, 2011, petitioner may not seek a return of the same through replevin. Quite the contrary, respondent, who obtained the vehicle from Chua and registered the transfer with the Land Transportation Office, is the rightful owner thereof, and as such, he is entitled to its possession. For this reason, the CA was correct in decreeing the dismissal of Civil Case No. Q-11-69644, although it e1red in ordering the return of the vehicle to the PNP-HPG, which had no further right to hold the vehicle in its custody. As the registered and rightful owner of the subject vehicle, the trial court must return the same to respondent.

Petitioner cannot be allowed to cut his losses by ostensibly securing the recovery of the subject vehicle in lieu of its price, which Ong failed and continues to fail to remit. On the other hand, Ong’s declarations contained in his Affidavit,36 to the effect that petitioner remains the owner of the vehicle, and that Chua came into illegal possession and ownership of the same by unlawfully appropriating the same for himself without paying for it, are unavailing. Faced with a possible criminal charge for estafa initiated by petitioner for failing or refusing to remit the price for the subject vehicle, Ong’ s declarations are considered self-serving, that is, calculated to free himself from the criminal charge. The premise is that by helping petitioner to actually recover his vehicle by insisting that the same was unlawfully taken from him, instead of remitting its price to petitioner, Ong expects that he and petitioner may redeem themselves from their bad judgment; for the petitioner, the mistake of bestowing his full faith and confidence upon Ong, and blindly surrendering the vehicle, its documents of title, and a deed of sale executed and signed in blank, to the latter; and for Ong, his failure to remit the proceeds of the sale to petitioner; and petitioner might then opt to desist from pursuing the estafa and other criminal charges against him.”  

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SCD-2017-0019-William Anghian Siy Vs. Alvin Tomlin

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