Facts:
Romeo F. Edu, in his capacity as Commissioner of Land Transportation, together with
Eduardo Domingo,
Carlos Rodriguez, and
Patricio Yambao in their capacity as agents of the Anti-Carnapping Unit (ANCAR), petitioned for relief after they seized a 1968 Volkswagen bantam car, Engine No. H-5254416, Chassis No. 118673654, which had been registered on May 19, 1970 at the Angeles City Land Transportation Commission Agency under File No. 2B-7281 and was reported stolen on June 29, 1970 by the Manila Adjustment Company to the Office of the Commission on Land Transportation on August 25, 1970; the agents, on detail with the Land Transportation Commission, recognized the vehicle in the possession of private respondent
Lucila Abello on February 2, 1971 and impounded it as allegedly stolen property, and Commissioner
Edu effected seizure invoking
Section 60 of Republic Act 4136 and other powers he asserted to be implicit in Sections 4(5), 5 and 31 of the motor vehicle code; in response,
Lucila Abello filed a complaint for
replevin with damages in the Court of First Instance of Manila, docketed as Civil Case No. 82215 on February 15, 1971, alleging that she purchased the car from registered owner Marcelino Guansing by a notarial deed of absolute sale dated August 11, 1970 for P9,000 and had been in peaceful possession until the seizure, and the trial court issued an order for the seizure of the personal property on February 18, 1971 after finding that the statutory requirements of Rule 60, Sections 1 and 2 were satisfied and noting that plaintiff had posted an P18,000 bond equal to double the vehicle's value.
Issues:
Was the seizure and impoundment of the vehicle by
Romeo F. Edu and the ANCAR agents lawful under
Section 60 of Republic Act 4136 and the other powers claimed by the Commissioner? Was
Lucila Abello, as purchaser in good faith and possessor of the chattel, entitled to the protection of possession and to have the replevin order and sheriff's custody sustained by the trial court?
Ruling:
Ratio:
Doctrine: