PROPERTY

CASE PRESENTATION

SIY VS. TOMLIN

G.R. NO. 205998

Calonia, Ma. Laurever O. APRIL 24, 2017
ARTICLE 1869: AGENCY MAY BE EXPRESS, OR IMPLIED FROM THE ACTS OF
THE PRINCIPAL, FROM HIS SILENCE OR LACK OF ACTION, OR HIS
FAILURE TO REPUDIATE THE AGENCY, KNOWING THAT ANOTHER PERSON
IS ACTING ON HIS BEHALF WITHOUT AUTHORITY.

TOPIC: WRIT OF REPLEVIN. AN AGENCY RELATIONSHIP IS CREATED

BETWEEN THE VEHICLE OWNERS, AS PRINCIPALS, AND THE CAR
TRADERS, AS AGENTS.
FACTS OF THE CASE:

• William Anghian Siy filed before the Regional Trial

Court of Quezon City (RTC) a Complaint for Recovery
of Possession with Prayer for Replevin against Frankie
Domanog Ong (Ong), Chris Centeno (Centeno), John
Co Chua (Chua), and herein respondent Alvin Tomlin.
Siy is the owner of a 2007 model Range Rover with
Plate Number ZMG 272 which he purchased from
Alberto Lopez on July 22, 2009.
 FACTS OF THE CASE:

• In 2010, he entrusted the said vehicle to Ong, a

businessman who owned a second-hand car sales
showroom, after the latter claimed that he had a
prospective buyer. Ong failed to remit the proceeds of
the sale nor return the vehicle. The petitioner found out
that the vehicle had been transferred to Chua, and later
learned that the vehicle was being transferred to Tomlin.
• On August 17, 2011, respondent filed an Omnibus
Motion seeking to quash the Writ of Replevin, dismiss
the Complaint, and turn over the vehicle to Siy.
ISSUE:

• W/N the issuance of the Writ

of Replevin is proper
HELD:

• NO. The issuance of the Writ of Replevin was not proper. The
Supreme Court has held that in a complaint of replevin, the claimant
must convincingly show that he is the owner or clearly entitled to the
possession of the object sought to be recovered, and that the
defendant, who is in actual or legal possession thereof, wrongfully
detains the same. Considering that he was no longer the owner or
rightful possessor of the subject vehicle at the time he filed in July
2011, petitioner may not seek a return of the same through replevin.
It was Tomlin who obtained the vehicle from Chua and registered the
transfer with the Land Transportation Office, who is the rightful
owner thereof, and as such, he is entitled to its possession. Hence the
issuance of the Writ of Replevin was not proper.