Beruflich Dokumente
Kultur Dokumente
Spouses Adlawan
G.R. No. 212674
25 March 2019
FACTS:
Spouses Eliezer and Leila Adlawan obtained a Php 3,669,685.00 loan from Central
Visayas Finance Corporation, covered by a Chattel Mortgage over a dump truck, which loan they
failed to pay. Resultantly, Central Visayas filed an action for replevin against them with the trial
court, which ruled in favor of Central Visayas and ordered the spouses to deliver possession of
the dump truck to the former. Then, Central Visayas foreclosed on the chattel mortgage and
caused the sale at public auction of the dump truck, which was then sold to it as the highest
bidder for Php 500,000.00. Central Visayas, thereafter, commenced another suit against spouses
Adlawan for deficiency judgment relative to the latter’s supposed unpaid balance on their loan,
which it claimed to be at Php 2,104,604.97, less the value of dump truck with damages. The trial
court, as affirmed by the appellate court, ruled that the action is already barred by res judicata;
hence, the same was dismissed.
ISSUE:
Whether the judgment in the action for replevin filed by Central Visayas against spouses
Adlwan bars the subsequent action for deficiency judgment involving the same parties
RULING:
Yes, the judgment in the action for replevin filed by Central Visayas against spouses
Adlwan bars the subsequent action for deficiency judgment involving the same parties.
By failing to seek a deficiency judgment in the action for replevin after its case for
recovery of possession was resolved, petitioner is barred from instituting another action for such
deficiency. Pursuant to Section 47, Rule 39 of the 1997 Rules of Civil Procedure, on the effect of
judgments or final orders, the judgment in the action for replevin is, with respect to the matter
directly adjudged or as to any other matter that could have been raised in relation thereto,
conclusive between the petitioner and respondents.