RUBISO V. RIVERA

37 PHIL 72

 

FACTS:

Rubiso filed a complaint against Rivera for the recovery of a pilot boat.  He alleged  that  he  is  the  rightful  owner  of  a  pilot  boat,  which  was  stranded and recovered by Rivera.  The latter refused to return the said boat as he alleged too that he was the owner thereof.  It was known that the original
owners of the boat had secretly sold the pilot boat to Rivera on an earlier date than the sale in a public auction to Rubiso.  Nonetheless, material is the fact that the entry into the customs registry of the sale of the boat was later than the recording of the sale to Rubiso.  
 

HELD:

The requisite of registration in the registry, of the purchase of the vessel, is necessary  and  indispensable  in  order  that  the  purchaser’s  rights  may  be maintained  against  a  third  person.    Such  registration  is  required  both  by the Code of Commerce and Act 1900.  It is undeniable, ergo, that Rivera doesn’t have a better right than Rubiso over the pilot boat.
 
Ships  and  vessels,  whether  moved  by  steam  or  by  sail,  partake,  to  a certain extent of the nature and conditions of real property, on account of their value and importance in world commerce; and for this, the provisions of the Code of Commerce are nearly identical with Article 1473 of the CC.