United States v.

Cerna
G.R. No. 6696 | Jan. 6 1912

DOCTRINE:
A person finding personal property not treasure must return it to its former
possessor

FACTS:
 IN 1902, Merenguel lost a 3 year old carabao which joined the carabaos of Nayre
 6 years later she saw said carabao in a river 5 to 6 km from where she resided
 She came to knew that Cerna was the party who had the carabao and one Marte
testified that he saw Cerna catch the same cow.
 The cow was branded LT which were the initials of Merenguel.
 Thus the case of theft was filed by Merenguel against Cerna

ISSUE
Whether or not Cerna was guilty of theft

HELD:
NO he is not liable. The court found that although those who found something
lost and knowing the owner, appropriates it with the intent to profit shall be guilty of
theft. But such was not the case, here Cerna was found to be a possessor in good faith.
A carabao being that of the nature of personal property can be acquired by prescription.
The Civil code provides that the ownership of personal property shall prescribe by
uninterrupted possession in good faith for a period of 3 years (Civil Code, art 1955, par
1).