GR L 8941; (March, 1916) (Digest)
G.R. No. L-8941; March 23, 1916
GUILLERMO VELOSO, plaintiff-appellee, vs. LORENZO BECERRA and DIONISIO JAKOSALEM, sheriff of the Province of Cebu, defendants-appellants.
FACTS:
Guillermo Veloso filed an action in the Court of First Instance of Cebu to recover possession of three cows (vacas) and damages for their illegal detention. He claimed ownership, alleging he purchased the oldest cow from his brother, Maximino Veloso, in 1906, and that the other two were its offspring. The defendants interposed a general and special denial. The trial court ruled in favor of Veloso, ordering the return of the cows. The defendants appealed.
ISSUE:
Whether Guillermo Veloso validly acquired ownership of the cows, thereby entitling him to recover their possession.
RULING:
The Supreme Court REVERSED the trial court’s decision. Veloso failed to establish valid ownership. He presented no documentary proof of the purchase. Critically, Act No. 1147 (the Cattle Theft Law) was already in effect at the time of the alleged 1906 sale. Section 22 of this Act expressly provided: “No transfer of large cattle shall be valid unless registered and a certificate of transfer secured as herein provided.” Since Veloso did not comply with this mandatory registration requirement, the purported sale was invalid and conveyed no title to him. Without being the lawful owner, he could not recover possession of the cattle. The Court cited precedents (Ramos v. Hijos de I. de la Rama and Gutierrez Hermanos v. Alegre and Marcos) affirming that non-compliance with the registration mandate renders a transfer of large cattle void. The judgment was reversed without costs.
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