CALUB V. CA

Replevin cannot be issued to recover a property lawfully taken by virtue of legal process and considered in the custody of the law. A replevin case against the State, without its consent, cannot prosper.

FACTS:

Petitioner from DENR apprehended two vehicles carrying illegally sourced lumber and thereafter confiscated them. The owners of the vehicles filed an action for replevin to recover the vehicles. They won in the trial court on the ground that petitioner did not act in accordance with the law. So petitioner appeals on the ground that the replevin in this case is a suit against the State and is therefore valid.

ISSUE:

1) Whether or not a replevin may be instituted for recovery of property under custodia legis.
2) Whether or not replevin in this case is a suit against the State

RULING:

1) No! Replevin cannot be issued to recover a property lawfully taken by virtue of legal process and considered in the custody of the law.

2) Yes! This suit is not valid because the State may not be sued without its consent or when the public official acted in bad faith in the discharge of his duties. It has been established that the DENR acted within its authority. Hence, its action is the action of the State.