EDCA PUBLISHING AND DISTRIBUTING CORP. V. SANTOS

184 SCRA 614

FACTS:

On a relevant date, one person who identified himself as Professor Jose Cruz placed an order through telephone with Edca Publishing. He ordered 400+ books and issued a personal check as payment. Then he sold some of the books to Santos who, after verifying the seller’s ownership from the invoice shown, paid Cruz. Meanwhile, Edca being suspicious over the
second order placed by Cruz verified with De La Salle College where he had claimed to be dean and was informed that no such person was under its employ. It was also found out that there was no account with the bank against which he had drawn his check. It was later found out that his real name was Tomas de la Pena. Edca reported this to the police and through an entrapment, de la Pena was captured. On the same date, Edca sought the assistance of the police in recovery of the books bought from it. They forced their way inside Santos’ store and seized the books without any warrant.

HELD:

First, the contention of petitioner that Santos has not established ownership over the disputed books because they have not even shown the receipt evidencing the purchase, is without merit. The possession of movable property acquired in good faith is equivalent to title. Second, Santos acquired the books in good faith as found by the lower courts. She first ascertained the ownership and relied on the invoice shown to her by de la Pena. Santos was in the business of buying and
selling books and often deal with hard-up sellers who urgently have to part with their books at reduced prices. Third, and on the real issue, on whether Edca had been unlawfully deprived of the books, Edca argued that the impostor acquired no title to the books because of the lack of funds in the check issued and want of consideration. This is without merit. Nonpayment of purchase price only gives rise to the right to demand payment or rescission of the contract. Actual delivery was made to the impostor and thus, ownership was acquired by him. Non-payment was a matter privy to him and Edca and
doesn't involve Santos who later acquired the books.