Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1961 > March 1961 Decisions > G.R. No. L-13693 March 25, 1961 - FLORENTINA ALEMAN, ET AL. v. PRESENTACION DE CATERA, ET AL. :




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-13693. March 25, 1961.]

FLORENTINA ALEMAN, ET AL., Plaintiffs-Appellees, v. PRESENTACION DE CATERA, ET AL., Defendants-Appellants.

[G.R. No. L-13694. March 25, 1961.]

CIRILA SAUL, ET AL., Plaintiffs-Appellees, v. PRESENTACION DE CATERA, ET AL., Defendants-Appellants. SOUTHERN MOTORS INC., Intervenor-Appellant.

Estefanio V. Gaspe for Plaintiffs-Appellees.

Benjamin A. Defensor and Pedro Puga for Intervenor-Appellant.

Diosdado Garingalao for intervenor-defendant-appellant.


SYLLABUS


1. CHATTEL MORTGAGES; MOTOR VEHICLES; WHEN DEEMED BINDING UPON THIRD PERSONS. — A chatter mortgage of motor vehicles, to be binding upon third persons, should not only be registered in the Chattel Mortgage Registry, but also recorded in the corresponding Motor Vehicles Office as required by section 5 (1) of the Revised Motor Vehicles Law. (Olaf N. Borlough v. Fortune Enterprise, Inc. Et. Al., 100 Phil 1063; 53 Off. Gaz. 4070).


D E C I S I O N


PADILLA, J.:


On motion dated 7 and filed on 10 December 1957 by the intervenor-appellant, objected to by the appellees, the Court of Appeals forwarded to this Court the two cases by resolution adopted on 7 January 1958, for only a question of law is raised.

The facts of the two cases heard jointly, as found by the Court of First Instance of Iloilo are, as follows:chanrob1es virtual 1aw library

Presentacion de Catera is and was the owner and operator of . . . in the province of Iloilo. One of her trucks was the "Catera No. 5." In the morning of January 21, 1954, said passenger truck was driven by Marianito Amborgo. While it was traveling on the highway at Tabucan, Cabatuan, Iloilo, it fell into the ditch because it was over speeding as the driver was trying to overtake another truck. Florentina Aleman and her son Antonio Real who at that time were on the lawn in front of their house were hit by said truck thereby causing the instantaneous death of said Antonio Real and the injury of Florentina Aleman. Civil Case No. 2969 is for recovery of damages instituted by Florentina Aleman and her husband Federico Real for the death of their son and for the injury of Florentina Aleman.

One of the passengers of the aforesaid truck was Jose Ontanillas. This man was killed as a result of the mishap. The plaintiffs in civil case No. 2970 are his widow and children.

Another passenger of the ill-fated truck was Zosimo Montefrio. He too was killed in the disaster. His widow and children filed a complaint in intervention for the recovery of damages in civil case No. 2970.

The two separate complaints were filed on 27 January 1964. On 9 February 1954 the defendants filed separate answers, later on amended, to each complaint. By a writ of attachment issued by the Court the provincial sheriff of Iloilo attached one of the buses owned by the defendant Presentacion de Catera, a Chevrolet bearing motor No. 0223054T54J, serial No. CAP-MNL-41092, known as "Catera No. 4." On 13 May 1955 the Southern Motors, Inc. filed with the provincial sheriff a third-party claim to the bus. On 16 May in both cases the plaintiffs filed with the court a motion to strike out the third-party claim filed by the motor company. On 17 May the motor company filed a reply and objection to the motion to strike out and on 23 May a supplemental reply and objection. On 13 June it filed a motion to intervene. On 14 June the Court entered an order quashing the third party claim filed with the sheriff. On 16 June the plaintiffs objected and replied to the motion to intervene. On 18 June the motor company filed a reply to the objection. On 20 June the Court granted the motion to intervene. On 22 June the intervenor motor company filed an answer in intervention setting up a counterclaim and praying that it be declared the owner of the bus attached by the sheriff to answer for the damages awarded to the plaintiffs; that the writ of attachment be quashed; that the attaching provincial sheriff be ordered to release and deliver to it the aforesaid bus; and that it be paid the sum of P500 for attorney’s fees and costs. On 24 June it moved to quash the attachment on the bus. On 1 July the plaintiffs objected to the motion to quash. On 5 July the plaintiffs replied to the answer in intervention. On 11 July the plaintiffs and the intervenor motor company filed a joint motion submitting the cases for judgment as far as the controversy between them was concerned. On 3 October the Court rendered a judgment the dispositive part of which reads, as follows:chanrob1es virtual 1aw library

WHEREFORE, judgment is hereby rendered as follows:chanrob1es virtual 1aw library

Civil Case No. 2969

Presentacion de Catera is hereby sentenced to pay, jointly and severally with Marianito Amborgo, the plaintiffs in Civil Case No. 2969, for the death of Antonio Real who was a child of 5 years old, the sum of P4,000.00 as compensatory damages, plus P2,000.00 as moral damages, plus P1,000.00 as attorney’s fees, plus the costs of the suit. For the injuries suffered by Florentina Aleman, the said Presentación de Catera is also sentenced, jointly and severally with Marianito Amborgo, to pay said Florentina Aleman compensatory damages in the amount of P500.00.

Civil Case No. 2970

Presentacion de Catera is hereby sentenced to pay, jointly and severally with Marianito Amborgo, the plaintiffs in Civil Case No. 2970, for the death of Jose Ontanillas the sum of P6,000.00 as compensatory damages, plus P2,000.00 as moral damages, plus P1,000.00 as attorney’s fees, plus costs of suit.

Presentacion de Catera, jointly and severally with Marianito Amborgo, is likewise sentenced to pay the plaintiffs in the complaint in intervention, for the death of Zosimo Montefrio, the sum of P6,000.00 as compensatory damages, plus P2,000.00 as moral damages, plus P1,000.00 as attorney’s fees.

x       x       x


The counter-claim of Southern Motors, Inc. is dismissed.

From the dismissal of the counterclaim the intervenor Southern Motors, Inc. on 17 October 1955 filed in both cases a notice of appeal, an appeal bond in the sum of P120 and a record on appeal. On 25 October the defendant Presentación de Catera also filed a notice of appeal and on 11 November an appeal bond in the sum of P60 and a record on appeal. On 29 November the trial court entered an order allowing the record on appeal filed by Presentación de Catera in civil case No. 2969 but disallowing that filed in civil case No. 2970, because only one appeal bond in the sum of P60 had been filed.

In the Court of Appeals, on 5 January 1956 the appellees moved for the dismissal of the appeal (CA-G.R. No. 17516-R which is that in civil case No. 2969), for failure of the appellants to file and serve a brief within the time provided for by the Rules, to which motion the latter filed an objection. By a resolution adopted on 4 February 1957 the Court of Appeals denied the motion to dismiss, the same being premature. On 10 June the appellees filed anew a motion to dismiss the appeal which on 18 June was objected to by the appellants. On 20 June the appellees replied to the objection. On 14 August 1957 the Court of Appeals resolved to declare the appeal taken by Presentación de Catera in CA-G.R. No. 17516-R abandoned and dismissed.

Hence, the appeal before the Court is that taken by the intervenor Southern Motors, Inc. in both cases from that part of the judgment dismissing its counterclaim. The question for determination is: which has a preferred right to the bus under attachment — the Southern Motors, Inc. in whose favor, as seller of the bus, a chattel mortgage thereon had been executed and recorded in the corresponding registry of deeds, or the families of the vehicular accident victims who, having been awarded damages for death and injuries, had caused an attachment on the said bus owned by the operator whose purchase and ownership thereof had been recorded in the Motor Vehicles Office.

The intervenor-appellant contends that, being the one that sold by installment the bus to one Wenceslao Defensor who, to secure the payment of the remaining unpaid installments, mortgaged the same in its favor, a chattel mortgage registered in the Registry of Deeds, it should be preferred to and over the claim of the appellees who are just judgment creditors. On the other hand, the appellees argue that by allowing the vendee-mortgagor Wenceslao Defensor to sell the bus to Presentación de Catera and the latter to record in the Motor Vehicles Office the sale in her favor, the intervenor-appellant had waived its mortgage lien on the bus, and for that reason the money judgment rendered for the appellees is preferred.

In Olaf N. Borlough v. Fortune Enterprise, Inc. Et. Al., 53 Off. Gaz. 4070, this Court held that "A mortgage in order to affect third persons should not only be registered in the Chattel Mortgage Registry, but the same should also be recorded in the Motor Vehicles Office as required by section 5(e) of the Revised Motor Vehicles Law." Here, the Southern Motors, Inc. did not record in the Motor Vehicles Office the mortgage executed in its favor. Such being the case the mortgage is ineffective as far as the appellees are concerned. Its right or interest, therefore, in the truck, because of the mortgage constituted in its favor, cannot prevail over that of the appellees who though mere judgment creditors may be deemed innocent purchasers, deriving their right from an innocent purchaser, the bus owner-operator Presentación de Catera, who had her purchase of the bus from Wenceslao Defensor recorded in the Motor Vehicles Office.

The part of the judgment appealed from is affirmed, with costs against the intervenor-appellant Southern Motors, Inc.

Bengzon, Actg. C.J., Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes and Dizon, 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






March-1961 Jurisprudence                 

  • G.R. No. L-13579 March 8, 1961 - EPIFANIO ALFORQUE, ET AL. v. MINDANAO MOTOR LINES, INC.

  • G.R. No. L-16269 March 8, 1961 - CRISTETA L. VDA. DE SENGBENGCO, ET AL. v. FRANCISCO ARELLANO, ET AL.

  • G.R. No. L-11664 March 16, 1961 - AMBROSIO GABIO, ET AL. v. RODOLFO GANZON, ET AL.

  • G.R. No. L-12539 March 16, 1961 - FRANCISCO SANCHEZ, ET AL. v. MARTIN N. FRANCISCO, ET AL.

  • G.R. No. L-10510 March 17, 1961 - M. MCCONNEL, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. L-11340 March 17, 1961 - PEOPLE OF THE PHIL. v. LEODEGARIO BALONGCAS, ET AL.

  • G.R. No. L-14861 March 17, 1961 - IN RE: OSMUNDO TAN v. REPUBLIC OF THE PHIL.

  • G.R. Nos. L-15453 and 15723 March 17, 1961 - SAN CARLOS MILLING CO., INC., ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-13461 March 20, 1961 - PEDRO TUBALLA v. MARIA DE LA CRUZ, ET AL.

  • G.R. No. L-16412 March 20, 1961 - AMABLE VALDEZ v. PEDRO OCTAVIANO, ET AL.

  • G.R. No. L-11781 March 24, 1961 - TEOTIMO RIVERA v. TIMOTEO PEÑA, ET AL.

  • G.R. No. L-12957 March 24, 1961 - CONSTANCIO SIENES, ET AL. v. FIDEL ESPARCIA, ET AL.

  • G.R. No. L-12976 March 24, 1961 - CESAR GONZALES v. JOSE V. RODRIGUEZ, ET AL.

  • G.R. No. L-13239 March 24, 1961 - STEWART E. TAIT, ET AL. v. PLACIDO L. MAPA, ET AL.

  • G.R. No. L-15630 March 24, 1961 - PEOPLE OF THE PHIL. v. ANTONIO E. DALEON

  • G.R. No. L-15672 March 24, 1961 - PATRICIO VILLEZA v. JESUS OLMEDO

  • G.R. No. L-16114 March 24, 1961 - MIGUEL MACTAL v. FILOMENO MELEGRITO

  • G.R. No. L-11015 March 25, 1961 - BALBIR SINGH v. BOARD OF COMMISSIONERS OF THE BUREAU OF IMMIGRATION

  • G.R. No. L-12783 March 25, 1961 - COLLECTOR OF INTERNAL REVENUE v. EULOGIO RODRIGUEZ, JR., ETC., ET AL.

  • G.R. No. L-13178 March 25, 1961 - PAMPANGA SUGAR DEVELOPMENT COMPANY v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-13693 March 25, 1961 - FLORENTINA ALEMAN, ET AL. v. PRESENTACION DE CATERA, ET AL.

  • G.R. No. L-14911 March 25, 1961 - ONG PENG v. JOSE CUSTODIO

  • G.R. No. L-15313 March 25, 1961 - PISINGAN CHIONG v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16611 March 25, 1961 - ROMAN CUISON v. SIMPLICIO GOITE

  • G.R. No. L-16898 March 25, 1961 - PEOPLE OF THE PHIL. v. PHILANDER LONGAO

  • G.R. No. L-19452 March 27, 1961 - FERNANDO MENDOZA v. EDILBERTO Y. DAVID, ET AL.

  • G.R. No. L-13086 March 27, 1961 - PEOPLE OF THE PHIL. v. CEFERINA FLORES DE GARCIA, ET AL.

  • G.R. No. L-13470 March 27, 1961 - PEOPLE OF THE PHIL. v. SEGUNDINO C. ABEJERO

  • G.R. No. L-14188 March 27, 1961 - PEOPLE OF THE PHIL. v. EUTIQUIO YAMSON, ET AL.

  • G.R. No. L-14307 March 27, 1961 - PEOPLE OF THE PHIL. v. ICASIANO C. CUELLO

  • G.R. No. L-14352 March 27, 1961 - DOROTEA CONFESOR, ET AL. v. PANTALEON PELAYO, ET AL.

  • G.R. No. L-14597 March 27, 1961 - PASTOR TOLENTINO v. BASILIO BALTAZAR, ET AL.

  • G.R. No. L-14865 March 27, 1961 - IN RE: GELACIO LO CHICOMBING v. REPUBLIC OF THE PHIL.

  • G.R. No. L-15267 March 27, 1961 - DOMINGO NATIVIDAD v. PASTOR L. DE GUZMAN, ET AL.

  • G.R. No. L-15691 March 27, 1961 - IN RE: ONG CHING GUAN v. REPUBLIC OF THE PHIL.

  • G.R. No. L-15811 March 27, 1961 - IN RE: JUAN MANUEL, ET AL. v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16025 March 27, 1961 - FOOKIEN TIMES COMPANY, INC., ET AL. v. COURT OF INDUSTRIAL RELATIONS, ET AL.

  • G.R. No. L-16073 March 27, 1961 - IN RE: GERVACIO CABRALES CU v. REPUBLIC OF THE PHIL.

  • G.R. No. L-16131 March 27, 1961 - CASIANO IGNACIO, ET AL. v. COMMISSION ON ELECTIONS

  • G.R. No. L-16567 March 27, 1961 - DELGADO BROTHERS, INC. v. HOME INSURANCE COMPANY, ET AL.

  • G.R. No. L-16883 March 27, 1961 - DEMETRIO B. ENCARNACION v. JOSE L. BALTAZAR, ET AL.

  • G.R. No. L-17288 March 27, 1961 - DEOGRACIAS G. TRINIDAD, ET AL. v. NICASIO YATCO, ET AL.

  • G.R. No. L-16371 March 28, 1961 - ZAMBALES COLLEGES, INC. v. COURT OF APPEALS, ETC., ET AL.

  • G.R. No. L-12035 March 29, 1961 - JOSEFINA T. VDA. DE LACSON, ET AL. v. SANTIAGO GRANADA, ET AL.

  • G.R. No. L-12377 March 29, 1961 - WARNER, BARNES & CO., LTD. v. RAMON FLORES

  • G.R. No. L-12400 March 29, 1961 - SY ANG HOC v. REPUBLIC OF THE PHIL.

  • G.R. No. L-13294 March 29, 1961 - PEOPLE OF THE PHIL. v. ISIDORO ESCALONA, ET AL.

  • G.R. No. L-14070 March 29, 1961 - MARIA GERVACIO BLAS, ET AL. v. ROSALINA SANTOS, ET AL.

  • G.R. No. L-15000 March 29, 1961 - MAYON MOTORS, INC. v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-15195 March 29, 1961 - ANUNCIACION NARABAL DE NILO, ET AL. v. HONORIO ROMERO, ET AL.

  • G.R. No. L-15203 March 29, 1961 - PEOPLE OF THE PHIL. v. ALFREDO ALBAN, ET AL.

  • G.R. No. L-15776 March 29, 1961 - PEOPLE OF THE PHIL. v. ADOLFO SAEZ

  • G.R. No. L-15940 March 29, 1961 - VICENTE CAMBARE v. UNION OBRERA DE TABACO LINES, ET AL.

  • G.R. No. L-16003 March 29, 1961 - CESAREO PEREZ, ET AL. v. VICENTE EVITE, ET AL.