Beruflich Dokumente
Kultur Dokumente
April 22, 1959]
THE DIRECTOR OF LANDS, petitioner, vs. LOPE ALBA, ET AL., claimants. ELIGIO
CATALAN, movant and appellee, vs. RAMON GATCHALIAN, oppositor and
appellant.
Appeal from the order of the Court of First Instance of Tacloban City.
It appears that Eligio Catalan and Ramon Gatchalian, as partners, mortgaged to Dr. Dionisio
Marave two lots in Tacloban City, including the improvements thereon, all belonging to the
partnership, to secure the payment of a loan. The partnership failed to pay the loan; the
mortgage was foreclosed and the properties were sold at public auction to Dr. Marave.
Before the expiration of the one year period of redemption, Catalan, on his own behalf,
redeemed the properties with his private funds. The Sheriff issued the corresponding
certificate of redemption in favor of Catalan. Upon Catalan's petition, the lower court
ordered the cancellation of the title in the name of the partnership and to issue in its stead
another in the name of Catalan. Held: The theory of Catalan, accepted by the trial court,
that he became the absolute owner of the properties in question upon making the
redemption because he was subrogated to the rights of Dr. Marave who made the purchase
at public auction, is untenable. Under general principles of law, a partner is an agent of the
partnership. (Art. 1818, new Civil Code). Furthermore, every partner becomes a trustee for
his copartner with regard to any benefits or profits derived from his act as partner (Art.
1807, new Civil Code). Consequently, when Catalan redeemed the properties in question,
he became a trustee and held the same in trust for his copartner Gatchalian, subject to his
right to demand from the latter his contribution to the amount of redemption. The
principle of subrogation cannot be applied because at the time Catalan redeemed the
property, Dr. Marave, the purchaser at public auction, had not yet become the absolute
owner of said properties. He never received the definite and formal certificate of sale
constituting muniment of title, for the reason that redemption was made. Consequently,
there was no title to the properties which he could convey to Catalan as redemptioner.
Judgment reversed. Montemayor, J., ponente.