SIARI VALLEY ESTATE INC. V. FILEMON LUCASAN

If the commingling of 2 things is made in bad faith, the one responsible for it will lose his share.

FACTS:

Siari Valley Inc. brought action to recover 200 heads of cattle that were driven from its lands to that of Lucasan’s. Lucasan however argued that although there was commixtion of cattle, Siari already retrieved its animals. The CFI of Zamboanga decided in favor of Siari thus the case at bar.

ISSUE:

Whether or not Lucasan was in bad faith thus should lose his share in the commixtion

HELD: YES

Although there was no actual evidence that all 823 missing animals were taken by Lucasan or his men, on 2 occasions however, his men drove away 30 heads of cattle. It is not erroneous to believe that the others must have also been driven away applying by analogy the principle that one who stole a part of the stolen money must have taken also the larger sum lost by the offended party.

Art. 382 (now Art. 473) of the CC states that “if the commingling of 2 things is made in bad faith, the one responsible for it will lose his share” thus since Lucasan is in bad faith, he should lose his share in the commixtion.

> The SC ordered Lucasan to deliver the 321 heads that had been entrusted to his care to Siari; pay damages for the 400 heads he sold since 1946; ordered to allow Siari to round up all the buffaloes that may be found on its cattle ranch