ChiaoLiongTan V CA
ChiaoLiongTan V CA
ChiaoLiongTan V CA
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G.R. No. 106251. November 19, 1993.
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* SECOND DIVISION.
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NOCON, J.:
1
29982 affirming the unfavorable decision of the trial court
in his suit for replevin and damages.
Petitioner Chiao Liong Tan claims to be the owner of a
motor vehicle, particularly described as Isuzu Elf van, 1976
Model with Motor No. 44999-2 and Chassis No. 9646780
which he purchased in March 1987. As owner thereof,
petitioner says he has been in possession, enjoyment and
utilization of the said motor vehicle until it was taken from
him by his older brother, Tan Ban Yong, the private
respondent herein.
Petitioner relies principally on the fact that the Isuzu
Elf van is registered in his name under Certificate of
Registration No. 1501909. He claims in his testimony
before the trial court that the said vehicle was purchased
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3 Rollo, p. 5.
4 TSN, March 22, 1990, p. 5.
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6 Rollo, p. 6.
7 Records, p. 22.
8 Rollo, p. 6.
9 Art. 1447, New Civil Code.
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10 Bornales IAC, G.R. No. 75336, 166 SCRA 524 (1988); Amerol v.
Bagumbayan, G.R. No. L-33261, 154 SCRA 403 (1987); Cardiente v. IAC,
G.R. No. 73651, 155 SCRA 689 (1987).
11 Sec. 9, Rule 60, Rules of Court.
12 Section 1, Rule 60, Rules of Court; Calo v. Roldan, 76 Phil. 445;
Regalado, Florenz, D., Remedial Law Compendium; Vol. 1, pp 436-437 and
Francisco, Vicente, Jr., The Revised Rules of Court in the Philippines,
Annotated and Commented, Vol. IV-A, pp. 386-387.
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In the State of California, from whose Code of Procedure
we copied our rule on replevin, their old replevin rule
which allowed the immediate delivery of the chattel at the
commencement of the action upon application with bond by
the replevin plaintiff had already been struck down 14
as
early as July 1, 1971 in the case of Blair v. Pitchess. As in
fact, on June 12, 1972 when the United States Supreme
Court struck down as unconstitutional the Florida 15
and
Pennsylvania replevin statutes in Fuentes v. Shevin, most
of the states, on their own, changed their replevin statutes
to include a mandatory preliminary hearing before the writ
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13 Enacted in 1872.
14 45 ALR 3d 1206.
15 407 U.S. 67, 32 L. Ed., 556, 92 S. Ct. 1983.
16 Section 5, Rule 58, Rules of Court, as amended by BP 224.
17 Hales-Mullaly, Inc. v. Cannon, 119 P 2d 46, 48, 189 Okl 613, cited in
Words and Phrases, Replevin, Vol. 37, permanent ed.
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Petition denied.
o0o
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