This case has been cited 2 times or more.
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2007-03-28 |
CARPIO MORALES, J. |
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| In a complaint for replevin, the claimant must convincingly show that he is either the owner or clearly entitled to the possession of the object sought to be recovered,[16] and that the defendant, who is in actual or legal possession thereof, wrongfully detains the same.[17] | |||||
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2006-06-08 |
CHICO-NAZARIO, J. |
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| As to the third issue, Rule 60, Section 2(a), of the Revised Rules of Court mandates that a party praying for the recovery of possession of personal property must show by his own affidavit or that of some other person who personally knows the facts that he is the owner of the property claimed, particularly describing it, or is entitled to the possession thereof.[25] It must be borne in mind that replevin is a possessory action the gist of which focuses on the right of possession that, in turn, is dependent on a legal basis that, not infrequently, looks to the ownership of the object sought to be replevied.[26] Wrongful detention by the defendant of the properties sought in an action for replevin must be satisfactorily established. If only a mechanistic averment thereof is offered, the writ should not be issued.[27] In this case, Twin Ace has not shown that it is entitled to the possession of the bottles in question and consequently there is thus no basis for the demand by it of due compensation. As stated by the court in the earlier case of Twin Ace Holdings Corporation v. Court of Appeals[28]:Petitioner cannot seek refuge in Sec. 5 of RA No. 623 to support its claim of continuing ownership over the subject bottles. In United States v. Manuel [7 Phil. 221 (1906)] we held that since the purchaser at his discretion could either retain or return the bottles, the transaction must be regarded as a sale of the bottles when the purchaser actually exercised that discretion and decided not to return them to the vendor. We also take judicial notice of the standard practice today that the cost of the container is included in the selling price of the product such that the buyer of liquor or any such product from any store is not required to return the bottle nor is the liquor placed in a plastic container that possession of the bottle is retained by the store. | |||||