Petitioner
Filinvest Credit Corporation
Respondent
Hon. Court of Appeals
Citation
G.R. No. 115902
Court
Supreme Court
Division
First Division
Ponente
Davide, Jr., J.
Decided
September 27, 1995

Summary

Filinvest Credit Corporation filed a replevin action to recover a mortgaged truck from defaulting buyers, the Tadiaman spouses. While the action was legally justified, Filinvest used fraudulent means by having employees pose as court sheriffs to seize the vehicle, then hid it and stripped it of parts ('cannibalized'). When the spouses posted bond and obtained court order for return, Filinvest delayed compliance through deceptive tactics. All three court levels found Filinvest liable for damages due to bad faith conduct violating Civil Code Article 19, despite having legitimate contractual rights. The Supreme Court affirmed liability while modifying damage amounts, establishing that creditors must follow proper legal procedures even when exercising valid rights, and cannot employ subterfuge or bad faith tactics in enforcement.

Statutes applied

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By the Intellegal Editorial Board · September 27, 1995

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