Sy vs. Tomlin, G.R. No. 205998 April 24, 2017

SY VS. TOMLIN, G.R. NO.
205998; APRIL 24, nonetheless a buyer and possessor in bad faith,

2017 and thus, the transfer of ownership over the subject
vehicle in his favor is illegal.
DOCTRINE: "The basis of agency is representation
and the same may be constituted expressly or Tomlin essentially counters that petitioner failed to
impliedly. In an implied agency, the principal can be show that he is the owner of the vehicle or that he
bound by the acts of the implied agent. ―The same is entitled to its possession.
is true with an oral agency.
ISSUE: WHETHER OR NOT ONG IS STILL THE
FACTS: OWNER OR CLEARLY ENTITLED TO THE
POSSESSION OF THE OBJECT
In July, 2011, William Anghian Siy filed before the SOUGHT TO BE RECOVERED
RTC of Quezon City a Complaint for Recovery of
Possession with Prayer for Replevin against RULING: - NO
Frankie
Domanog Ong, Chris Centeno, John Co Chua, and
Alvin In many cases as well, busy vehicle owners selling
Tomlin. their vehicles actually leave them, together with all
the documents of title, spare keys, and deeds of
In his Complaint, he alleged that he is the owner of
sale signed in blank, with second-hand car traders
a 2007 model Range Rover (Plate Number ZMG
they know and trust, in order for the latter to display
272) which he purchased from Alberto Lopez III
these vehicles for actual viewing and inspection by
(Lopez) on July 22, 2009. In 2010, he entrusted the
prospective buyers at their lots, warehouses,
said vehicle to Ong, a businessman who owned a
garages, or showrooms, and to enable the traders
second-hand car sales showroom (―Motortrend‖)
to facilitate sales on-the-spot, as-iswhere-is, without
after the latter claimed that he had a prospective
having to inconvenience the owners with random
buyer therefor. Ong failed to remit the proceeds of
viewings and inspections of their vehicles.
the purported sale nor return the vehicle; that Siy
later found out that the vehicle had been For this kind of arrangement, an agency
transferred to Chua; that in December, 2010, he relationship is created between the vehicle owners,
filed a complaint before the Quezon City Police as principals, and the car traders, as agents. The
District’s AntiCamapping Section; that Ong, upon agent takes payment under the obligation to remit
learning of the complaint, met with petitioner to the same, minus the agreed commission or other
arrange the return of the vehicle. compensation.
RTC issued the writ of replevin after posting a Siy constituted and appointed Ong as his agent to
bond of 8 million. sell the vehicle, surrendering to the latter the
vehicle, all documents of title pertaining thereto,
Tomlin filed an Omnibus Motion seeking to quash
and a deed of sale signed in blank, with full
the Writ of Replevin, dismiss the Complaint, and
understanding that Ong would offer and sell the
turn over or return the vehicle to him. He claimed
same to his clients or to the public. In return, Ong
that he is the lawful and registered owner of the
accepted the agency by his receipt of the vehicle,
subject vehicle, having bought the same and
the blank deed of sale, and documents of title, and
caused registration thereof in his name on March 7,
when he gave bond in the form of two guarantee
2011 and that the implementation of the writ was
checks worth ₱4.95 million. All these gave Ong the
attended by procedural irregularities.
authority to act for and in behalf of petitioner.
RTC Denied the Motion so Respondent filed a
Under the Civil Code on agency, Art. 1869.
Petition for Certiorari
Agency may be express, or implied from the acts of
CA Granted the Petition. the principal, from his silence or lack of action, or
his failure to repudiate the agency, knowing that
Siy retorts that the Petition is grounded on another person is acting on his behalf without
questions of law; that even though Tomlin was able authority.
to register the vehicle in his name, he is
Agency may be oral, unless the law requires a
specific form.
Art. 1870. Acceptance by the agent may also be
express or implied from his acts which carry out the
agency, or from his silence or inaction according to
the circumstances. (Emphasis and underscoring
supplied)
"The basis of agency is representation and the
same may be constituted expressly or impliedly. In
an implied agency, the principal can be bound by
the acts of the implied agent. "35 The same is true
with an oral agency.
Acting for and in Siy's behalf by virtue of the
implied or oral agency, Ong was thus able to sell
the vehicle to Chua, but he failed to remit the
proceeds thereof to Siy; his guarantee checks
bounced as well. This entitled petitioner to sue for
estafa through abuse of confidence. This is exactly
what petitioner did: on May 18, 2011, he filed a
complaint for estafa and carnapping against Ong
before the Quezon City Prosecutor's Office.
Since Ong was able to sell the subject vehicle to
Chua, petitioner thus ceased to be the owner
thereof. Nor is he entitled to the possession of the
vehicle; together with his ownership, petitioner lost
his right of possession over the vehicle.
Considering that he was no longer the owner or
rightful possessor of the subject vehicle at the time
he filed Civil Case No. Q-11-69644 in July, 2011,
petitioner may not seek a return of the same
through replevin. Quite the contrary, respondent,
who obtained the vehicle from Chua and registered
the transfer with the Land Transportation Office, is
the rightful owner thereof, and as such, he is
entitled to its possession.

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Sy vs. Tomlin, G.R. No. 205998 April 24, 2017

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SY VS. TOMLIN, G.R. NO.

205998; APRIL 24, nonetheless a buyer and possessor in bad faith,

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