G.R. No. 197559 - Bernardez, Jr. vs. City Government of Baguio

The plaintiff and appellee is the United States.
The defendant and appellant is Rogaciano R. Rimon.
The defendant was charged with violating section 9 of Act No. 1508, the Chattel Mortgage Law.

On August 10, 1910, the defendant owed Jose Oliver P350.
To secure this debt, defendant executed a chattel mortgage on a piano (No. 20459, marked Chassaigne Freres) in favor of Oliver.
Without Oliver’s permission, the defendant removed the mortgaged piano from Manila to Calivo, Province of Capiz.
The mortgagee (Oliver) was unaware of the removal until the piano was already aboard the steamer bound for Calivo, making it impossible to regain possession prior to shipment.

Section 9, Act No. 1508: Prohibits the removal of mortgaged personal property from the province where the mortgage was executed without written consent from both mortgagor and mortgagee or their legal representatives.
Section 12, Act No. 1508: Provides penalties for violations of certain sections, including section 9, imposing a fine double the value of the wrongfully removed property, half to the injured party, half to the Philippine Treasury, or imprisonment up to six months, or both, at the court’s discretion.

Defendant was found guilty as charged.
He was sentenced to pay a fine of seven hundred pesos (double the amount of debt presumably equated to value).
Imposition of subsidiary imprisonment in case of insolvency and payment of legal costs.
Defendant appealed the decision.

Whether the removal of the mortgaged piano from the province without the mortgagee’s consent constituted a violation of the Chattel Mortgage Law, specifically section 9 of Act No. 1508.

Whether the penalty imposed—fine and subsidiary imprisonment—was appropriate under the law considering the facts of the case and relevant statutory provisions.