Property

DE GARCIA V. CA 37 SCRA 160- Effects of Possession

DE GARCIA V. CA
37 SCRA 160

FACTS:

Guevarra was the owner of a lady’s diamond ring with white gold mounting, solitaire 2-karat diamond as well as 4 brills. It was stolen from her house. On a relevant date, while she was talking to Garcia, an owner of a restaurant, she recognized the ring on the latter’s finger and asked how she acquired the same. Garcia averred that she bought it from her comadre. Guevarra made Garcia know that the ring was stolen from her place days before. It was ascertained the ring was indeed Guevarra’s but despite written demands, Garcia refused to return the ring.

HELD:

One who has lost or has been unlawfully deprived of a movable may recover the same from the person in possession of the same and the only defense the latter may have is if he has acquired it in good faith at a public sale in which case the owner cannot obtain its return without reimbursing the price paid therefore. Guevarra who was unlawfully deprived of the ring
was entitled to recover it from de Garcia who was found in possession of the same. The only exception provided by law is when the possessor acquired the property through a public sale, in which case, the owner cannot recover without reimbursement.


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