GR L 11176; (December, 1917) (Digest)
G.R. No. L-11176, December 21, 1917
MARCIANO RIVERA, plaintiff-appellant, vs. ONG CHE, defendant-appellee.
FACTS:
Plaintiff Marciano Rivera purchased certain old machinery and boilers from Crisanto Lichauco on January 8, 1912, receiving a receipt for the purchase price of P5,500. However, Rivera did not take immediate possession of the property. Subsequently, on February 9, 1912, defendant Ong Che purchased a lot of old iron, machinery, and junk from Lichauco Brothers for P1,100, taking immediate possession. When Rivera later sought to take possession of the items he purchased, he found that accessory parts were missing and in the possession of Ong Che, who claimed ownership by virtue of his later purchase. Rivera filed an action to recover the articles, alleging ownership. The Court of First Instance ruled in favor of Ong Che, prompting Rivera’s appeal.
ISSUE:
Whether the defendant Ong Che, as a second purchaser in good faith who first acquired possession, has a superior right to the disputed property over the plaintiff Rivera, the first purchaser who never obtained possession.
RULING:
The Supreme Court affirmed the lower court’s decision, ruling in favor of Ong Che. Applying Article 1473 of the Civil Code, the Court held that where the same property is sold to different purchasers, the one who first takes possession in good faith acquires superior title, provided the property is movable. The Court found Ong Che to be a purchaser in good faith who lawfully acquired possession. In contrast, Rivera failed to prove his title by a preponderance of evidence, as he never obtained possession and did not adequately establish ownership. The Court also noted that Rivera failed to present key witnesses (Galo Lichauco and Faustino Lichauco) to substantiate his claim, and the trial court did not abuse its discretion in denying a continuance for that purpose. The presumption of ownership arising from possession (Section 334[10], Code of Civil Procedure) favored Ong Che. Thus, Ong Che’s title was deemed superior.
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