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ISABEL FLORES vs. TRINIDAD LIM G.R. No. 26844 September 27, 1927
Facts: Subject land of Isabel Flores in Tayabas Province was sold to Trinidad Lim at
sheriffs sale for P1,603.78. The land has 164 coconut trees planted, 1,000 non-bearing
and about 300 buri trees. The usual certificate of sale was issued to the defendant. Prior to
one-year period of redemption, Lim took the actual physical possession of the property.
The latter refused and still refuses to render an account of fruits, profits, to plaintiffs
damage in the sum of P1,000. Flores prays judgment that Lim be ordered to render an
itemized account, the amount if which be deducted from the price of redemption; that
plaintiff have the right to redeem; and that the defendant pay her P1,000 for damages and
costs.
Issue: Whether of not Lim is entitled to reimbursement for the coconut trees he had
planted as well as other improvements.
Held. No. Lim is a possessor in bad faith, for he should have waited for the termination of
one-year redemption period before entering into the possession of the property and
therefore not entitled to a refund of useful improvements.
JOSE B. AZNAR vs. RAFAEL YAPDIANGCO G.R. No. L-18536 March 31, 1965
Facts: Theodoro Santos advertised in the newspapers the sale of his Ford Fairlane 500.
Certain de Dios, claiming to be the nephew of Marella, went to the residence of Santos
and expressing his uncles intent to purchase the car. Since Santos wasn't around, it was
his son Irineo who talked with de Dios. Marella expressed his intention to purchase the
car. A deed of sale was prepared. When Irineo and de Dios arrived at the residence of
Marella, the latter averred that his money was short and had to borrow from his sister. He
then instructed de Dios and Irineo to go the supposed house of the sister to obtain the
money with an unidentified person. He also asked Irineo to leave the deed to have his
lawyer see it. Relying on the good faith of Marella, Irineo did as requested. Upon arriving
at the house of Marellas supposed to be sister, de Dios and the unidentified person then
disappeared together with the car. This prompted Santos to report the incident to the
authorities. Thereafter, Marella was able to sell the car to Aznar. And while in possession
of the car, police authorities confiscated the same. This prompted Aznar to file an action
for replevin.
Issue: Whether or not Santos has better right than Aznar.
Held: Yes. Teodoro Santos has the better right. Marella did not have any title to the
property under litigation because the same was never delivered to him. He may have the
contract but he never acquired valid title. Although the keys to the car may have been
given to the unidentified companion, it may be done only because that companion took
them to the place where the sister of Marella was supposed to live. The car was evidently
stolen and that the buyer did not acquire any valid title thereto. Article 559 of Civil Code
provides the effect that if the owner has lost a thing, or if he has been unlawfully deprived
of it, he has a right to recover it, not only from its finder, thief or robber, but also from
third persons who may have acquired it in good faith from such finder, thief or robber.