Petitioner
Sps. Raymundo & Marilyn Calo
Respondent
Spouses Reynaldo & Lydia Tan
Citation
G.R. No. 151266
Court
Supreme Court
Division
Second Division
Ponente
Tinga, J.
Decided
November 29, 2005

Summary

This case involves a property ownership dispute over mining equipment in a joint venture arrangement. Lydia Tan entered into a joint venture with Raymundo Calo for a mining business, providing P700,000.00 and procuring equipment while Calo managed operations. Without Tan's knowledge, Calo used the equipment as collateral for a P500,000.00 DBP loan, representing himself as owner. When Calo defaulted, DBP foreclosed and acquired the equipment at auction. The Tan spouses filed replevin to recover the equipment. The Supreme Court affirmed lower courts' rulings that the Tan spouses were the true owners entitled to recovery, while acknowledging procedural issues including forum-shopping. The decision establishes important precedents on joint venture relationships, property ownership rights, procedural waiver through non-appearance, and the retroactive application of procedural rules regarding docket fees.

Statutes applied

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By the Intellegal Editorial Board · November 29, 2005

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