Title
Pajunar vs. Court of Appeals
Case
G.R. No. 77266
Decision Date
Jul 19, 1989
Dispute over carabao ownership; petitioners claimed original ownership, respondents claimed prescription. Supreme Court ruled for petitioners, citing failure to register transfer and bad faith possession.

Case Digest (G.R. No. 77266)

Facts:

Arthur Pajunar and Invencia Pajunar v. Hon. Court of Appeals, Mauro Eluna and Teofila Eluna, G.R. No. 77266, July 19, 1989, Supreme Court Second Division, Paras, J., writing for the Court.

In 1969 respondent Mauro Eluna allegedly acquired by barter a one‑year‑old female carabao from Aurelio Enopia; the animal bore the brand "ART" on its fore and hind legs at the time of acquisition. Respondent did not register the transfer in his name as required by Section 529 of the Revised Administrative Code. Petitioners Arthur and Invencia Pajunar claim they were the original owners of the carabao, which they allege was lost in 1974.

Petitioners discovered the animal in Mauro Eluna's possession in March 1980, demanded its return and the delivery of two offspring, and — upon respondent's refusal — sued for recovery of personal property with a writ of replevin. The Municipal Court of Siaton rendered judgment for the defendants. The Regional Trial Court (Hon. Pedro Gabaton, Branch XLI, Negros Oriental), exercising appellate jurisdiction over the municipal court, affirmed the municipal court decision, adopting its reasoning and stating no further findings were necessary.

Petitioners appealed the RTC's adverse order to the Court of Appeals (CA-G.R. SP No. 02247). The Court of Appeals affirmed the lower courts, holding that respondent Eluna had possessed the carabao since 1969 and therefore had acquired ownership by prescription under Article 1132 of the Civil Code (possession of movables prescribes in four years in good faith; ownership of personal property prescribes in eight years without other c...(Subscriber-Only)

Issues:

  • Are the factual findings of the Court of Appeals binding on the Supreme Court in this case?
  • Did respondent Eluna acquire ownership of the carabao by prescription such that petitioners could no longer recover it?
  • Was respondent a possessor in good faith entitled to the protection of prescription or other rules that would...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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