G.R. No. L-11693. February 08, 1917
EDUARDO GANA, PLAINTIFF AND APPELLANT, VS. THE PROVINCIAL SHERIFF OF LAGUNA AND FELICIDAD YATCO, DEFENDANTS AND APPELLEES.
Decisions / Signed Resolutions February 8, 1917 CARSON, J.:
CARSON, J.:
We are of opinion that plaintiff in these proceedings failed utterly
to overcome the presumption of the fraudulent execution of the chattel
mortgage on which he relies; a presumption which arises under the
provisions of article 1297 of the Civil Code, it appearing that the
chattel mortgage was executed in his favor by his brother on May 5,
1913, three days after a money judgment had been entered against his
brother and in favor of Felicidad Yatco, one of the defendants in these
proceedings. In order to overcome this presumption of fraud, it was
incumbent upon the plaintiff to establish affirmatively that the
chattel mortgage was executed in good faith for a good and valuable
consideration (a titulo oneroso) and we are satisfied that not
only did he fail to do so, but that all the circumstances surrounding
the execution of this instrument, as disclosed by the record in this
case, tend very strongly to confirm the presumption that the chattel
mortgage was executed by the brother of the plaintiff with intent to
defraud his judgment creditor. (Cf. Peñas vs. Mitchell, 9 Phil. Rep., 587.)
to overcome the presumption of the fraudulent execution of the chattel
mortgage on which he relies; a presumption which arises under the
provisions of article 1297 of the Civil Code, it appearing that the
chattel mortgage was executed in his favor by his brother on May 5,
1913, three days after a money judgment had been entered against his
brother and in favor of Felicidad Yatco, one of the defendants in these
proceedings. In order to overcome this presumption of fraud, it was
incumbent upon the plaintiff to establish affirmatively that the
chattel mortgage was executed in good faith for a good and valuable
consideration (a titulo oneroso) and we are satisfied that not
only did he fail to do so, but that all the circumstances surrounding
the execution of this instrument, as disclosed by the record in this
case, tend very strongly to confirm the presumption that the chattel
mortgage was executed by the brother of the plaintiff with intent to
defraud his judgment creditor. (Cf. Peñas vs. Mitchell, 9 Phil. Rep., 587.)
We conclude that the judgment entered in the court below should be
affirmed, with the costs of this instance against the appellant. So
ordered.
Torres, Moreland, Trent, and Araullo, JJ., concur.