EDCA PUBLISHING & DISTRIBUTING CORP. vs. THE SPOUSES LEONOR and GERARDO SANTOS, doing business under the name and style of "SANTOS BOOKSTORE," and THE COURT OF APPEALS

G.R. No. 80298 April 26, 1990

FACTS:

Petitioner EDCA prapared 406 books amounting P8,995.65 for delivery to one Professor Jose Cruz.

Subsequently, the latter sold 120 of the said books to the respondent.

Petitioner became suspicious when Professor Cruz, placed another order without settling his previous account. EDCA find out that the check released by the same does not have funds and that no Professor under the name of Jose Cruz works for De La Salle College.

Over investigation it was made known that Jose Cruz's real name is Tomas de la Peña. Petitioners with the assistance of authority, seized without warrant the books sold to the respondent Leonor Santos and delivered it to the petitioners.

ISSUE:

Whether or not the petitioner may seize the books from private respondent because it has been unlawfully deprived of the books due to the dishonored check issued by the impostor.

HELD:

NO

In its extended memorandum, EDCA cites numerous cases holding that the owner who has been unlawfully deprived of personal property is entitled to its recovery except only where the property was purchased at a public sale, in which event its return is subject to reimbursement of the purchase price. The petitioner is begging the question. It is putting the cart before the horse. Unlike in the cases invoked, it has yet to be established in the case at bar that EDCA has been unlawfully deprived of the books.

Actual delivery of the books having been made, Cruz acquired ownership over the books which he could then validly transfer to the private respondents. The fact that he had not yet paid for them toEDCA was a matter between him and EDCA and did not impair the title acquired by the private respondents to the books. 

It would certainly be unfair now to make the private respondents bear the prejudice sustained by EDCA as a result of its own negligence. We cannot see the justice in transferring EDCA's loss to the Santoses who had acted in good faith, and with proper care, when they bought the books from Cruz.