ROMEO F. EDU v. AMADOR E.

GOMEZ

Keywords: Carnapping Incident

One Liner/s: A person in possession of a thing in the concept of an owner is presumed to be the owner
and she cannot be compelled to prove her title.

The acquirer or the purchaser in good faith of a chattel of movable property is entitled to be respected
and protected in his possession as if he were the true owner until a competent court rules otherwise.

Facts:

On 29 June 1970, the 1968 model Volkswagen bantam car, owned by Lt. Walter A. Bala was stolen. On 2
February 1971, the stolen car was herein seen in the possession of respondent Lucila Abello and was
immediately seized and impounded the car as stolen property by agents of Anti-Carnapping Unit
(ANCAR). Likewise, herein petitioner Romeo F. Edu, then Commissioner of Land Transportation, seized
the car pursuant to Section 60 of Republic Act 4136 which empowers him to seize the motor vehicle for
delinquent registration aside from his implicit power deducible from Sec. 4(5), Sec. 5 and 31 of said
Code, "to seize motor vehicles fraudulently or otherwise not properly registered."

On 15 February 1971, Ms. Abello filed a complaint for replevin with damages in the respondent court. It
was found out that the car was purchased by Abello from its registered owner, Marcelino Guansing for
PhP9,000.00 dated 11 August 1970. CFI ruled in favor of Respondent Abello.

Issue:

W/N the ANCAR agents are justified in the seizure of the car despite Abello being a purchaser in good
faith? NO.

Ruling:

There is no merit in the petition considering that the acquirer or the purchaser in good faith of a chattel
of movable property is entitled to be respected and protected in his possession as if he were the true
owner thereof until a competent court rules otherwise. In the meantime, as the true owner, the
possessor in good faith cannot be compelled to surrender possession nor to be required to institute an
action for the recovery of the chattel, whether or not an indemnity bond is issued in his favor. The filing
of an information charging that the chattel was illegally obtained through estafa from its true owner by
the transferor of the bona fide possessor does not warrant disturbing the possession of the chattel
against the will of the possessor.

The claim of petitioners that the Commission has the right to seize and impound the car under Section
60 of Republic Act 4136 which reads:

Sec. 60. The lien upon motor vehicles. Any balance of fees for registration, re-registration or delinquent
registration of a motor vehicle, remaining unpaid and all fines imposed upon any vehicle owner, shall
constitute a first lien upon the motor vehicle concerned.

is untenable. It is clear from the provision of said Section 60 of Republic Act 4136 that the
Commissioner's right to seize and impound subject property is only good for the proper enforcement of
lien upon motor vehicles. The Land Transportation Commission may issue a warrant of constructive or
actual distraint against motor vehicle for collection of unpaid fees for registration, re-registration or
delinquent registration of vehicles.