Leovillo C. Agustin v. Court of Appeals

Summary

This case involves a dispute over repossession expenses following chattel mortgage foreclosure. Petitioner Agustin defaulted on a promissory note secured by chattel mortgage over a truck, which was assigned to Filinvest Finance Corporation. After replevin proceedings and foreclosure, Filinvest sought additional reimbursement for repossession expenses. Agustin argued that Article 1484 of the Civil Code bars any further action after foreclosure. The Supreme Court applied the 'law of the case' doctrine, noting that the propriety of the award was already settled in a previous appeal. Even without this doctrine, the Court found the award proper under the exception established in Filipinas Investment & Finance Corporation v. Ridad, where necessary expenses for replevin should be borne by the mortgagor when he refuses delivery or conceals the chattel. The decision affirmed the P8,852.76 award for repossession expenses while denying attorney's fees for lack of evidence.