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The 22 men found a large quantity of ambergris from a whale and agreed to share ownership equally. They stored most of it in trunks in a house for safekeeping. However, one defendant sold the ambergris without the consent of the others. The 21 men filed a case against the defendant to recover their share of the ambergris. The court ruled that as co-owners, each had a right to their share and could file a case against another co-owner who acted solely for their own benefit in violation of the shared ownership. The defendant was ordered to deliver 20/21 of the ambergris to the plaintiffs or pay them 60,000 pesos.
Descriere originală:
PUNSALAN, ET AL. vs. C. BOOT LIAT, ET AL, G.R. No. L-18009, January 10, 1923
The 22 men found a large quantity of ambergris from a whale and agreed to share ownership equally. They stored most of it in trunks in a house for safekeeping. However, one defendant sold the ambergris without the consent of the others. The 21 men filed a case against the defendant to recover their share of the ambergris. The court ruled that as co-owners, each had a right to their share and could file a case against another co-owner who acted solely for their own benefit in violation of the shared ownership. The defendant was ordered to deliver 20/21 of the ambergris to the plaintiffs or pay them 60,000 pesos.
The 22 men found a large quantity of ambergris from a whale and agreed to share ownership equally. They stored most of it in trunks in a house for safekeeping. However, one defendant sold the ambergris without the consent of the others. The 21 men filed a case against the defendant to recover their share of the ambergris. The court ruled that as co-owners, each had a right to their share and could file a case against another co-owner who acted solely for their own benefit in violation of the shared ownership. The defendant was ordered to deliver 20/21 of the ambergris to the plaintiffs or pay them 60,000 pesos.
PUNSALAN, ET AL. vs. C. BOOT LIAT, ET AL, G.R. No.
L-18009, January 10, 1923
FACTS: The twenty two (22) men found, from the Cawit-Cawit shores in the Province of Zamboanga, a large fish having large quantity of ambergris, which was placed in three sacks and taken to the house of Mahajara Butu, where they left if in the care Ahamad. Then the contents of the two full sacks were placed in three trunks. All of these twenty- two persons made an agreement that they were to be the sole owners of this ambergris and that none of them could sell it without the consent of the rest. As to the half sack of amber they agreed that some of them should take it to Zamboanga to sell for the purpose of ascertaining the market price of the ambergris, in order that they might dispose of the rest accordingly. Subsequently, they offered to sell for the sum of P12,000 to the Chinamen, Cheong Tong and Lim Chiat, the rest of the amber contained in the two sacks which had been left in the house of Maharaja Butu, for safekeeping. It appears that there were other people in Zamboanga who knew of the existence of this ambergris in the house of Maharaja Butu. Mr. Henry E. Teck, proposed to the master of the revenue cutter Mindoro to go to Cawit-Cawit to seize some supposedly contraband opium. After transmitting this information to the Collector of Customs, he, the master of the Mindoro, immediately proceeded to Cawit-Cawit. Upon arrival, the master searched and seized the three trunks. Then Ahamad and other Moros asked permission of the master to accompany him on the voyage to Zamboanga, to which the master consented. When already on board and during the voyage, the master became convinced that the contents of the three trunks were not opium. During the voyage, Mr. Teck offered to purchase the amber contained in the three trunks. With a promise of protection, Ahamad decided to sell the amber for P7,500 and received P2,500 as part payment on account of this price, a bill of sale having been signed by Ahamad, Maharaja Butu and three Moros more. The balance of this price was paid later. When Cheong Tong, Lim Chiat, and the Moros, arrived at the house of Maharaja Butu, they found that the amber they had purchased from Tamsi and his companions was no longer there. A complaint was filed by the plaintiffs, who among those are twenty-one of the twenty-two Moros who had caught the whale, and Ahamad is the one of the defendants. ISSUE: Whether or not an action for recovery may be filed by a co-owner against a co- owner with respect to the thing they held in common. HELD: YES. The action for recovery which each co-owner has, derived from the right of ownership inherent in the co-ownership, may be exercised not only against strangers but against the co-owners themselves, when the latter perform, with respect to the thing held in common, acts for their exclusive benefit, or of exclusive ownership, or which are prejudicial to, and in violation of, the right of the community. Wherefore, it is the judgment and order of the court that the defendants deliver to the plaintiffs twenty-twenty-first (20/21) of the amber in question, or, in default thereof, the value of the amber which is the subject-matter of this action shall be P60,000, without special finding as to the costs of this instance. So ordered.
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