Rubiso v Rivera
But, does he have the right to the
1. SHIPPING; REGISTRATION OF THE
PURCHASE OF A VESSES. — The requisite of
registration in the registry of the purchase of a vessel is
necessary and indispensable in orderer that the
purchaser's rights may be maintained against a claim
filed by a third person; pursuant to article 573 of the Code
of Commerce in connection with section 2 of Act No.
1900, which Act, amending said article, provides that
such registration, instead of being made in the
commercial registry, shall be entered in the registry of
the Insular Collector of Customs, who, since May 18
1909, has been performing the duties of commercial
register.
2. ID.; ID. — The legal rule set down in the
Code of Commerce, subsist, inasmuch as the
amendment solely refers to the official who shall make
the entry.
3. ID.; ID. — Ships or vessels, whether moved
by steam or by sail, partake to a certain extent, of the
nature and conditions of real property, on account of their
value and importance in the world commerce; and for
this reason the provisions of article 573 of the Code of
Commerce are nearly identical with those of article 1473
of the Civil Code.
Facts:
Gelito & Co. was owned by Bonifacio Gelito and
Chinaman Sy Qui. One of the properties of the
company was a pilot ship/merchant vessel
called Valentina, whose ownership is at question
here.
A series of sales had taken place:
1. First, Gelito had sold is 2/3 share to
Chinaman Sy Qui.
2. When Sy Qui acquired full ownership of
the company, he sold Valentina to
Florentino Rivera for P2,500 on January 4,
1915. The sale was registered in the
Bureau of Customs over two months later
on March 17, 1915.
3. Shorty after the sale to Rivera, a suit was
brought against Sy Qui to enforce payment
of a certain sum of money. Valentina was
placed at a public auction and was
purchased by Sy Qui’s creditor, Fausto
Rubiso. He bought the vessel for P55.45.
The sale was registered in the Office of the
Collector of Customs on January 27, 1915
and in the commercial registry on March
14, 1925.
The first buyer, Florentino Rivera, contends that
he had lost the ship when it got stranded
somewhere in Batangas. He claims that Rubiso
took possession of the vessel without his
knowledge or consent. Rivera seeks to be
indemnified for the profits he could have
collected from the vessel’s voyages had Rivera
not taken it.
vessel?
Issue:
Who is the rightful owner of the merchant
vessel--Rivera or Rubiso?
Held:
Rubiso. It is true that the sale to Rivera had
taken place prior to the public auction where
Rubiso bought the vessel, but the same was
entered in the customs registry only on March
17, 1915. Rubiso, however, had acted more
swiftly by registering the property much earlier in
the Office of the Collector Customs and in the
commercial registry in the same month.
Although the sale to Rivera had taken place first,
the registration made by Rubiso was made
earlier.
SHIPPING; REGISTRATION OF THE
PURCHASE OF A VESSES
Rubiso did the smart thing by registering the
property at the commercial registry. Pursuant to
Article 573 of the Code of Commerce, the
acquisition of a vessel must be registered at the
commercial registry in order to bind third parties.
Such registration is necessary and indispensible
in order that the purchaser’s rights may be
maintained against a claim filed by third
persons. Pursuant to article 573 of the Code of
Commerce in connection with section 2 of Act
No. 1900, which Act, amending said article,
provides that such registration, instead of being
made in the commercial registry, shall be
entered in the registry of the Insular Collector of
Customs, who, since May 18 1909, has been
performing the duties of commercial register.
With respect to the rights of two purchasers,
whichever of them first registered his acquisition
of the vessel is the one entitled to enjoy the
protection of the law. By first registration, he
becomes the absolute owner of the boat and is
freed from all encumbrances and claims by
strangers.
(Fubiso v. Rivera, G.R. No. L-11407, [October 30,
|||
1917], 37 PHIL 72-78)