Martin v. Gomez

ZALDIVAR, J.:

This is an appeal from the order of the Court of First Instance of Baguio, in its Civil Case No. 669, fixing the amount of costs that was taxed against the respondent-appellant Celestino Gomez. This, appeal was originally brought to the Court of Appeals but because it involves only a question of law the Court of Appeals certified this case to this Court pursuant to the provisions of Sections 17 and 31 of the Judiciary Act of 1948, as amended. The appellant Celestino Gomez brought an action in the Court of First Instance of Manila, in Civil Case No. 25918, against one Paglinawan, and having obtained a judgment in his favor Gomez secured a writ of execution.

The property that was levied on execution was an Oldsmobile car which was the subject of a chattel mortgage executed by Paglinawan in favor of Gomez, but the chattel mortgage was not registered with the Motor Vehicles Office. The automobile that was the subject of the chattel mortgage was found in the possession of the appellee, Stephen W. Martin in the City of Baguio. When the Sheriff of the City of Baguio seized the automobile pursuant to the writ of execution issued by the Court of First Instance of Manila, appellee Martin filed a third-party claim with said Sheriff, claiming that he was the owner of said automobile.

In view of the third-party claim of appellee Martin the appellant Gomez filed a bond of P4,000.00 in order that the Sheriff could proceed with the auction sale of the automobile. After appellant Gomez had filed the bond and the Sheriff thereby continued to be in possession of the automobile appellee Martin filed an action in the Court of First Instance of Baguio to establish his rights as owner of the automobile and in his complaint he prayed for the issuance of a writ of preliminary injunction against the Sheriff of Baguio to enjoin him from proceeding with the auction sale of the automobile. The complaint of appellee Martin was docketed as Civil Case No. 669, and it is the case now before us on appeal.

The Court of First Instance of Baguio issued the writ of preliminary injunction prayed for, and so the Sheriff desisted from proceeding with the execution sale of the automobile. However, the Sheriff. continued to have the custody of the automobile pursuant to the writ of execution issued by the Court of First Instance of Manila.

Being the custodian of the automobile during the pendency of Civil Case No. 669 before the Court of First Instance of Baguio, the Sheriff caused the automobile to be stored in Baguio, obligating himself thereby to pay the storage fees of the automobile while the same was under his custody. The Court of First Instance of Baguio, after trial, rendered judgment declaring the appellee Martin the lawful owner of the car, it having been established that Martin bought the car in good faith, not knowing that the car had been the subject of a chattel mortgage, and it was also established that the supposed chattel mortgage on the car was not registered with the Motor Vehicles Office. In the decision of the Court of First Instance of Baguio it was categorically stated that the appellant Gomez should pay the storage fees of the automobile as part of the costs.

Celestino Gomez appealed to the Court of Appeals from the decision of the Court of First Instance of Baguio. While the appeal was pending in the Court of Appeals appellee Martin filed a motion in the Court of First Instance of Baguio for the immediate execution of the judgment, thereby praying for the delivery of the possession of the automobile to him.

The Court of First Instance of Baguio granted the motion for immediate execution but imposed the condition that the "petitioner" (in order to have the car returned) is hereby required to file a bond in favor of respondents in the amount of P4,000.00 out of which sum of P1,000.00 shall answer for the storage fees, with the condition that in case the petitioner shall be adjudge by the appellate court not to be the owner of the car in the amount of P4,000.00 which included the storage fees." Appellee Martin did not file the bond as required by the court, and so the car remained in the custody of the Sheriff.

The Court of Appeals, in its decision promulgated on October 14, 1959, affirmed the decision of the Court of First Instance of Baguio in Civil Case No. 669 and, among others, it declared: We hereby pronounce petitioner as the true and lawful owner of the car in question; declare the levy on November 29, 1956, and any further proceedings to sell the car or turn it over to respondent Gomez as null and void, thus restraining and enjoining the respondent sheriff, his deputies, agents, or representatives from further depriving the petitioner of his possession, much less ownership of said car, with costs against the respondent-appellant Gomez. The decision of the Court of Appeals became final and executory on November 6, 1959, and on December 8, 1959 appellee Martin filed a motion for execution of the said judgment. The motion for execution was accompanied by a "Bill of Costs"

which contained the following items: 1. For the filing fee . .

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. P16.00 2. For sheriff's fee of summons .

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8.65 3. For sheriff's fee of subpoenas . .

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. 1.70 4. For the complaint .

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. 8.00 5. For attendance of petitioner in the CFI .

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. . 10.00 6.

For attendance of petitioner in the Court of Appeals . . .

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20.00 TOTAL . . .

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