Case Summary (G.R. No. 199810)
Applicable Law and Relevant Sections
The case centers on the provisions of Act No. 1508, particularly Sections 9 and 12. Section 9 prohibits the removal of personal property subject to a chattel mortgage from the province in which it was located at the time the mortgage was executed, without written consent from both the mortgagor and mortgagee or their legal representatives. Section 12 prescribes penalties for the violation of the preceding three sections, including a fine double the value of the property wrongfully removed or other sanctions such as imprisonment or both, at the court’s discretion.
Facts and Circumstances of the Case
On August 10, 1910, Rogaciano Rimon was indebted to Jose Oliver in the amount of 350 pesos. On the same date, to secure this debt, Rimon executed a chattel mortgage on a piano to Oliver. Without Oliver’s consent, Rimon removed the piano from Manila, where it was located at the time of the mortgage’s execution, and transported it to Calivo, Province of Capiz. Oliver was unaware of this removal until the piano was already aboard a steamer bound for Calivo, making it impossible for him to reclaim possession before departure.
Legal Issue and Violation
The removal of the piano without the mortgagee's written consent constituted a clear violation of Section 9 of Act No. 1508. Consequently, this act triggered the penalty provision under Section 12, which mandates a fine or imprisonment, or both, depending on the court's discretion.
Decision and Rationale
The court found Rogaciano Rimon guilty of violating Section 9 of Act No. 1508. He was sentenced to pay a fine of seven hundred pesos, face subsidiary imprisonment in case of insolvency, and pay the costs of the cause. The court affirmed the judgment upo
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Facts of the Case
- The defendant, Rogaciano R. Rimon, was charged with violating Section 9 of Act No. 1508, known as the Chattel Mortgage Law.
- On August 10, 1910, the defendant owed Jose Oliver a debt amounting to P350.
- To secure payment of that debt, the defendant executed a chattel mortgage over a piano, specifically piano No. 20459, manufactured by Chassaigne Freres, located in the city of Manila.
- Without the mortgagee’s permission, the defendant removed the mortgaged piano from Manila and sent it to Calivo, Province of Capiz, while the mortgage was still unsatisfied.
- The mortgagee, Jose Oliver, was unaware of the removal until he discovered the piano was aboard a steamer bound for Calivo, at which point it was too late to retrieve possession before the ship’s departure.
Legal Issues
- Whether the defendant’s removal of mortgaged personal property from the province where the mortgage was executed, without the mortgagee’s written consent, constitutes a violation of Section 9 of Act No. 1508.
- Whether the penalties prescribed under Section 12 of the same Act were correctly imposed.
Applicable Law
- Section 9 of Act No. 1508 (Chattel Mortgage Law) states that no personal property under a chattel mortgage shall be removed from the province where the mortgage was executed without the written consent of both the mortgagor and mortgagee, or their legal representatives.
- Section 12 of Act No. 1508 prescribes penalties for violation of the prohibitions on removal, sale, p