G.R. No. 31163 , November 6, 1929
URBANO SANTOS, plaintiff-appellee, vs. JOSE C. BERNABE, ET AL., defendants; PABLO TIONGSON and THE PROVINCIAL SHERIFF OF BULACAN, appellants.

FACTS

On March 20, 1928, plaintiff Urbano Santos deposited 778 cavans and 38 kilos of palay, and defendant Pablo Tiongson deposited 1,026 cavans and 9 kilos of palay, in the warehouse of Jose C. Bernabe. The sacks were unmarked and intermingled. Tiongson filed a complaint against Bernabe to recover his deposited palay and obtained a writ of attachment. The sheriff attached 924 cavans and 31½ kilos of palay found in the warehouse, sold them at auction, and delivered the proceeds to Tiongson. Santos intervened in the attachment proceedings, but the sheriff proceeded after Tiongson filed a bond. Santos then filed this complaint to recover the value of his palay.

ISSUE

Whether Pablo Tiongson is liable to Urbano Santos for the value of the palay belonging to Santos that was included in the attached and sold palay, given that their respective deposits were mixed and indistinguishable.

RULING

Yes, but only proportionately. The Supreme Court modified the lower court’s decision. Applying Article 381 of the Civil Code on mixture of goods by will of the owners or accidentally where separation is impossible, each owner acquires a right in the mixture proportionate to his share. Calculating the proportion of the 924 cavans attached: Santos’ share is (778 / (778 + 1,026)) * 924 = 398.49 cavans. Tiongson is ordered to pay Santos the value of 398.49 cavans at P3 per cavan. The Court construed Tiongson’s attachment writ liberally as a claim for delivery of deposited property under the Code of Civil Procedure.