Colegio de San Juan de Letran

COLLEGE OF LIBERAL ARTS AND SCIENCES

151 Muralla Street, Intramuros,
Manila 1002
1st Semester, AY 2021-2022

Name: Aquino, Maria Elena S. SUBJECT: LGM 205

Section: LM2A

ERNESTO RAMAS UYPITCHING and RAMAS UYPITCHING SONS, INC.,

petitioners, vs. ERNESTO QUIAMCO, respondent.

G.R No. 146322.

December 6, 2006

Facts:

Quiamco has amicably settled with Davalan, Gabutero and Generoso for the crime of robbery

and that in return, the three had surrendered to Quiamco a motorcycle with its registration.

However, Atty. Ramas has sold to Gabutero the motorcycle in installment but when the latter did

not able to pay the installment, Davalon continued the payment but when he became insolvent,

he said that the motorcycle was taken by Quiamco’s men. However, after several years, the

petitioner Ramas together with policemen took the motorcycle without the respondent’s permit

and shouted that the respondent Quiamco is a thief of motorcycle. Respondent then filed an

action for damages against petitioner alleging that petitioner is liable for unlawful taking of the

motorcycle and utterance of a defamatory remark and filing a baseless complaint. Also,

petitioners claim that they should not be held liable for petitioner’s exercise of its right as seller-
 Colegio de San Juan de Letran
COLLEGE OF LIBERAL ARTS AND SCIENCES
151 Muralla Street, Intramuros,
Manila 1002
1st Semester, AY 2021-2022

mortgagee to recover the mortgaged motorcycle preliminary to the enforcement of its right to

foreclose on the mortgage in case of default.

Issue:

Whether or not petitioners’ acts violated the law as well as public morals and transgressed the

proper norms of human relations.

Rulings:

No. The petitioner being a lawyer must know the legal procedure for the recovery of possession

of the alleged mortgaged property in which said procedure must be conducted through judicial

action. And According to Art. 20 “Every person who, contrary to law, willfully or negligently

causes damage to another, shall indemnify the latter for the same.” It is also stated in Art. 21.

“Any person who wilfully causes loss or injury to another in a manner that is contrary to

morals, good customs or public policy shall compensate the latter for the damage.” Furthermore,

the petitioner acted in malice and intent to cause damage to the respondent when even without

probable cause, he still instituted an act against the law on mortgage. The basic principle of

human relations, embodied in Article 19 of the Civil Code, provides: Art. 19 “Every person

must in the exercise of his rights and in the performance of his duties, act with justice, give

everyone his due, and observe honesty and good faith” According to Art. 19 also known as the

“principle of abuse of right,” prescribes that a person should not use his right unjustly or

contrary to honesty and good faith, otherwise he opens himself to liability. It seeks to preclude

the use of, or the tendency to use, a legal right (or duty) to unjust ends.
 Colegio de San Juan de Letran
COLLEGE OF LIBERAL ARTS AND SCIENCES
151 Muralla Street, Intramuros,
Manila 1002
1st Semester, AY 2021-2022

MARIANO UN OCAMPO III, petitioner,

vs.
PEOPLE OF THE PHILIPPINES, respondent.
G.R Nos. 156547-51.
February 4, 2008

Facts:

The Department of Budget and Management released the amount of Php 100 million for the

support of the local government unit under the territory of Tarlac. Nonetheless, petitioner

Ocampo, legislative leader of Tarlac, credited out more than P 56.6 million in which he

contracted with Lingkod Tarlac Foundation, Inc... along these lines, it was the subject of 25

criminal accusations against the petitioner. The Sandiganbayan sentenced the petitioner for the

wrongdoing of malversation of public assets. Notwithstanding, the petitioner contented that the

credit was private in character since it was an advance contracted with the Tarlac Foundation.

Issue:

Whether or not the amount loaned out was private in nature.

Rulings:

Yes, the loan was private in nature because According to Art. 1953 of the New Civil Code

provides that “a person who receives a loan of money or any other fungible thing acquires the

ownership thereof and is bound to pay the creditor an equal amount of the same kind and
 Colegio de San Juan de Letran
COLLEGE OF LIBERAL ARTS AND SCIENCES
151 Muralla Street, Intramuros,
Manila 1002
1st Semester, AY 2021-2022

quality.” The fact that the petitioner-Governor contracted the loan, the public asset changed its

inclination to private character, thus it is not malversation which is the subject of this case, rather

it should be a straightforward collection of money suit against the petitioner in the event of non-

installment. thusly, the petitioner is cleared for the crime of malversation.