G.R. No. L-5524

RAFAEL O. RAMOS, plaintiff-appellant, vs. HIJOS DE I. DE LA RAMA, ET AL., defendants-appellees.

March 21, 1910

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FACTS:

On July 23, 1907, Rafael O. Ramos (plaintiff-appellant) filed a suit alleging that on May 13, 1907, 20 carabaos belonging to him were attached by a deputy sheriff at the instance of the firm Hijos de I. de la Rama (defendants-appellees). Ramos claimed ownership of these carabaos based on a notarial document of transfer executed on September 14, 1906, by Valentin Inventor in his favor. He protested the attachment, sought the return of the animals, and P5,000 in damages.

Hijos de I. de la Rama countered that the carabaos belonged to their debtor, Valentin Inventor, and that the alleged transfer to Ramos was a sham, contrary to law, and made with the intent to defraud the creditor firm.

The Court of First Instance declared the instrument of September 14, 1906, null and void, finding the sale contrary to law. It ruled that the carabaos still belonged to Valentin Inventor and discharged the defendants. Ramos filed an exception and requested a new trial, which was denied, leading to this appeal.

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ISSUE:

Was the transfer of 20 carabaos from Valentin Inventor to Rafael O. Ramos valid and effective in conveying ownership, given that the transfer was not registered and a certificate of transfer was not secured as required by Act No. 1147?

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RULING:

No. The Supreme Court affirmed the decision of the Court of First Instance.

The Court held that contracts for the purchase and sale of large cattle are governed by special laws in force in the Islands, specifically Act No. 1147, and only in case of a deficiency in these special laws would the provisions of the Civil Code be applied, as prescribed by Article 16 of the Civil Code.

Sections 13 and 14 of Act No. 1147 require municipal treasurers to register all transfers of large cattle and issue a certificate of transfer to the purchaser. Crucially, Section 22 of the same Act unequivocally states: “No transfer of large cattle shall be valid unless registered and a certificate of transfer secured as herein provided.”

In this case, the alleged sale from Valentin Inventor to Rafael O. Ramos, though evidenced by a notarial document, was not registered in the municipal registry books, and no certificate of transfer was issued. Therefore, the transfer was effected in manifest violation of Act No. 1147.

Under Article 4 of the Civil Code, “Acts executed against the provisions of law are void, excepting the cases in which said law orders their validity.” Since Act No. 1147 expressly declares unregistered transfers of large cattle invalid, the attempted sale was void as if it had not been made.

Consequently, the 20 carabaos legally remained the property of Valentin Inventor on the date of attachment, and the attachment by Hijos de I. de la Rama was valid. The claim of intervention by Rafael O. Ramos was denied.