Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1908 > August 1908 Decisions > G.R. No. 3837 August 1, 1908 - BENIGNO CATABIAN v. FRANCISCO TUNGCUL

011 Phil 49:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 3837. August 1, 1908. ]

BENIGNO CATABIAN, Plaintiff-Appellee, v. FRANCISCO TUNGCUL, Defendant-Appellant.

Felipe Buecamino for Appellant.

G. E. Campbell for Appellee.

SYLLABUS


1. TAMED OR DOMESTIC ANIMALS; STRAYS; OWNERSHIP. — Article 612 of the Civil Code does not apply to animals that have not strayed or been abandoned so as to have been taken possession of by another person in default of a lawful owner, nor is it clear that a female carabao may be classified as a "tamed or domestic" animal.

2. PRESCRIPTION. — If the period of prescription under article 1055 of the civil Code was running at the time the new Code of Civil Procedure went into effect, the period applicable is that provided in the Civil Code, following Araneta v. Garrido (5 Phil. Rep. 137).

3. CATTLE REGISTRATION; PRESUMPTION OF OWNERSHIP. — The presumption of ownership arising from the possession of unregistered cattle, under section 35 of Act NO. 1147, is a disputable one and is not stronger than that created by registration by an apparent owner.


D E C I S I O N


TRACEY, J. :


The plaintiff sought to recover from the defendant caraballa and her calf which had been for several years in his possession before they were delivered by his brother to the defendant, and he succeeded in his contention in the Court of First Instance. Counsel assigns two errors, as follows:jgc:chanrobles.com.ph

"First. The judge erred in applying to the case the provision of subdivision 3 of section 43 of Act No. 190, inasmuch as he lost sight of the disposition of article 612 of the Civil Code, treating of the prescription of tamed animals, which is the subject-matter of the present controversy.

"Second. The judge erred in omitting in his consideration of this action, the provisions of Act No. 1332 of the Philippine Commission, upon the marking and registration of cattle."cralaw virtua1aw library

First. The provision of the third subdivision of article 612 of the Civil Code reads:jgc:chanrobles.com.ph

"The owner of tamed animals may also claim them within twenty days, counted from the date of their retention by another. After this period has elapsed, they shall belong to the person who may have caught and kept them.’

It is a misconception to apply this provision to animals that have not strayed or been abandoned so as to have been taken possession of by another in default of the lawful possessor. These animals were delivered to the defendant by the person in lawful custody of them and the provision cited has no application to such a case, nor is it altogether clear that they fall within the term "tamed or domestic" (amansados). Sr. Manresa’s commentary throws much light upon the object and force of this article.

We are unable to agree with the trial judge in applying to this case the prescription under the Code of Civil Procedure. Inasmuch as the period of the cause of action was running when that law went into effect, the proper prescription was the preexisting one of three years, under article 1955 of the Civil Code. The rule laid down in Araneta v. Garrido (5 Phil. Rep., 137), for the prescription under the prior law, when the Civil Code went into effect, holds good in the substitution for that code of the more recent Code of Civil Procedure.

Second. Act No. 1332 of the Philippine Commission, cited by counsel, is one amendatory of Act No. 1147, and section 35 of this Act, to which he appears to refer, makes the possession of cattle not branded or registered the presumptive evidence of ownership only "for the purposes of the section immediately preceding." The only purpose to be carried out by section 34 would seem to be the punishment by fine or imprisonment of persons refusing or neglecting to brand or register, and this restriction prevents the section from having any bearing on the facts now before us. Moreover, the presumption of ownership established by section 35 must be understood to be, not conclusive, but rather a disputable one, in harmony with the provisions of section 8 of the same Act, which makes the certificate of ownership of registered cattle only prima facie evidence that the animal is the property of the person therein named as owner. It would not be consistent that the mere possession of unregistered cattle should create a presumption stronger than the due registration by the apparent owner.

Both assignments of error are overruled, and the judgment of the Court of First Instance is affirmed, with the costs of this instance against the Appellant. So ordered.

Arellano, C.J., Torres, Mapa, Carson and Willard, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






August-1908 Jurisprudence                 

  • G.R. No. 3837 August 1, 1908 - BENIGNO CATABIAN v. FRANCISCO TUNGCUL

    011 Phil 49

  • G.R. No. 4537 August 1, 1908 - UNITED STATES v. BONIFACIO POBRE

    011 Phil 51

  • G.R. No. 4381 August 4, 1908 - MANUEL LOPEZ, ET AL. v. RAMON N. OROZCO, ET AL.

    011 Phil 53

  • G.R. No. 4498 August 5, 1908 - UNITED STATES v. LEOCADIO SALGADO

    011 Phil 56

  • G.R. No. 3831 August 6, 1908 - UNITED STATES v. CANUTO BUTARDO, ET AL.

    011 Phil 60

  • G.R. No. 4519 August 7, 1908 - UNITED STATES v. LORENZO IDON

    011 Phil 64

  • G.R. No. 3897 August 10, 1908 - ZACARIAS OMO v. INSULAR GOV’T.

    011 Phil 67

  • G.R. No. 4133 August 10, 1908 - UNITED STATES v. PEDRO DULFO

    011 Phil 75

  • G.R. No. 4027 August 12, 1908 - JOSEFA GARCIA PASCUAL v. LUIS PALOMAR BALDOVI

    011 Phil 79

  • G.R. No. 4054 August 14, 1908 - UNITED STATES v. GUILLERMO ALVARADO

    011 Phil 87

  • G.R. No. 4032 August 15, 1908 - UNITED STATES v. MARCELO F. CONCEPCION

    011 Phil 90

  • G.R. No. 4141 August 15, 1908 - AGUSTINA FAELNAR, ET AL. v. JACINTA ESCAÑO

    011 Phil 92

  • G.R. No. 4330 August 15, 1908 - UNITED STATES v. BENITO FENIX

    011 Phil 95

  • G.R. No. 4340 August 15, 1908 - UNITED STATES v. CHESTER A. DAVIS

    011 Phil 96

  • G.R. No. 4464 August 15, 1908 - UNITED STATES v. FELIPE IDOS

    011 Phil 99

  • G.R. No. 4277 August 18, 1908 - POTENCIANA TABIGUE v. FRANK E. GREEN

    011 Phil 102

  • G.R. No. 4282 August 18, 1908 - UNITED STATES v. CHIONG CHUICO

    011 Phil 106

  • G.R. No. 4287 August 18, 1908 - PHIL. PRODUCTS CO. v. COLLECTOR OF CUSTOMS

    011 Phil 107

  • G.R. No. 4317 August 18, 1908 - UNITED STATES v. SANTIAGO MONTECILLO

    011 Phil 109

  • G.R. No. 3818 August 19, 1908 - EDWARD B. MERCHANT v. CITY OF MANILA, ET AL.

    011 Phil 116

  • G.R. No. 4223 August 19, 1908 - NICOLAS LUNOD, ET AL. v. HIGINO MENESES

    011 Phil 128

  • G.R. No. 4382 August 20, 1908 - UNITED STATES v. PEDRO FERNANDEZ, ET AL.

    011 Phil 133

  • G.R. No. 4468 August 21, 1908 - RUBERT & GUAMIS v. C. A. SMITH

    011 Phil 138

  • G.R. No. 4015 August 24, 1908 - ANGEL JAVELLANA v. JOSE LIM, ET AL.

    011 Phil 141

  • G.R. No. 4390 August 24, 1908 - ANG TOA v. BASILIA ALVAREZ, ET AL.

    011 Phil 146

  • G.R. No. 4365 August 25, 1908 - UNITED STATES v. FERNANDO ESTABILLO

    011 Phil 150

  • G.R. No. 4384 August 27, 1908 - SIMEON ALCONABA, ET AL. v. MAGNO ABINEZ

    011 Phil 152

  • G.R. No. 4410 August 27, 1908 - URBANO FLORIANO v. ESTEBAN DELGADO, ET AL.

    011 Phil 154

  • G.R. No. 4477 August 27, 1908 - IN THE MATTER OF THE ESTATE OF MALIGNAD v. BRIGIDA

    011 Phil 158

  • G.R. No. 4529 August 27, 1908 - LUISA TENGCO v. VICENTE SANZ

    011 Phil 163

  • G.R. No. 4513 August 28, 1908 - UNITED STATES v. SIMON CABONCE

    011 Phil 169

  • G.R. No. 4642 August 28, 1908 - UNITED STATES v. SIDNEY LEE BAYLEES

    011 Phil 172

  • G.R. No. 4383 August 31, 1908 - ZACARIAS BAGSA v. CRISOSTOMO NAGRAMADA

    011 Phil 174

  • G.R. No. 4385 August 31, 1908 - WALTER E. OLSEN v. BERT YEARSLEY

    011 Phil 178

  • G.R. No. 4411 August 31, 1908 - UNITED STATES v. RUFINO DELOSO

    011 Phil 180

  • G.R. No. 4689 August 31, 1908 - UNITED STATES v. GO TIAO

    011 Phil 183