GR L 11407; (October, 1917) (Digest)
G.R. No. L-11407, October 30, 1917
FAUSTO RUBISO and BONIFACIO GELITO, plaintiffs-appellees, vs. FLORENTINO E. RIVERA, defendant-appellant.
FACTS:
Plaintiffs Fausto Rubiso and Bonifacio Gelito filed an action for recovery of possession and damages concerning the pilot boat “Valentina.” They alleged ownership of the vessel, which was stranded in Tingloy, Batangas, and claimed that defendant Florentino E. Rivera took possession of it without their consent. The defendant asserted ownership, contending that Bonifacio Gelito had sold his two-thirds interest in the boat to Sy Qui (who already owned the remaining one-third), making Sy Qui the sole owner. Sy Qui then sold the entire vessel to Rivera via a public instrument dated January 4, 1915. However, on January 23, 1915, after a money judgment against Sy Qui, the boat was sold at a public auction to plaintiff Rubiso. The sale to Rivera was registered in the Bureau of Customs on March 17, 1915, while the sale to Rubiso was recorded earlier, on January 27, 1915 (and later in the commercial registry on March 4, 1915).
ISSUE:
Who has a better right of ownership over the pilot boat “Valentina” Rivera, who purchased it earlier but registered the sale later, or Rubiso, who purchased it later at a public auction but registered the sale earlier?
RULING:
The Supreme Court ruled in favor of plaintiff Fausto Rubiso. Applying Article 573 of the Code of Commerce, as amended by Act No. 1900 , the Court held that the registration of the acquisition of a vessel is indispensable for the transaction to affect third parties. Although Rivera purchased the boat prior to Rubiso, Rubiso’s acquisition was registered first (on January 27, 1915, in the Bureau of Customs, which under Act No. 1900 performs the functions of the commercial registry for vessels). Rivera’s registration occurred only on March 17, 1915. Therefore, Rubiso, as the first registrant, acquired a superior right enforceable against third parties like Rivera. The Court affirmed the trial court’s decision ordering Rivera to deliver the boat to Rubiso. No damages were awarded due to lack of evidence of actual loss.
This is AI (Gemini and Deepseek) Generated. Please Double Check. Powered by Armztrong.