GR L 4067; (February, 1908) (Digest)
G.R. No. L-4067
FACTS:
Frederick E. Morey, a resident of Thursday Island, Australia, was the owner of a schooner named Gwendoline. The schooner was stolen from him by certain Japanese in Thursday Island. It was subsequently found in the possession of Florencio Bustillo (one of the defendants-appellants, Lao Layco, et al.) in Tacloban, Leyte, where it was then called Salvadora. Bustillo claimed he bought the boat from a Japanese for P1,000. Morey brought an action to recover the schooner. The identity of the boat was positively established through a witness and a photograph identified by Morey as his Gwendoline. Bustillo presented certificates from the Collector of Customs of Cebu dated October 4, 1905, certifying the transfer of ownership of the Salvadora from Yamashita to Bustillo and its recording, and a coastwise license issued on September 24, 1906. The lower court rendered judgment in favor of Morey for the possession of the schooner or its value of P5,324. Bustillo appealed.
ISSUE:
Whether the defendant-appellant Florencio Bustillo, who purchased a stolen schooner and obtained customs certificates of ownership and a license, acquired valid ownership against the original owner, Frederick E. Morey.
RULING:
The Supreme Court AFFIRMED the judgment of the lower court. The Court found that it was sufficiently proven that the schooner in Bustillo‘s possession, named Salvadora, was the same boat previously owned by Morey and named Gwendoline. Regarding the customs documents presented by Bustillo, the Court held that these certificates of ownership transfer and the coastwise license were not sufficient to show that Bustillo had duly become the owner of Morey‘s schooner. The Collector of Customs at Cebu had no jurisdiction to finally determine the question of ownership as against Morey, particularly since the determination was based on an ex parte application of which Morey had no notice. Therefore, Bustillo did not acquire valid ownership of the stolen schooner, and Morey, as the original owner, was entitled to its recovery.
February 29, 1908