- Petitioner
- Luneta Motor
- Respondent
- Dimagiba
- Citation
- G.R. No. L-17061
- Court
- Supreme Court
- Decided
- December 30, 1961
Whether a vendor in an installment sale can pursue multiple remedies simultaneously under Article 1484 of the Civil Code when the purchaser defaults…
Summary
Luneta Motor Company sold a truck to Angel Dimagiba on installment, secured by chattel mortgages on the purchased truck and on Natividad Noriel's truck. When Dimagiba defaulted, the company simultaneously sought to collect the balance, seize the trucks through replevin, and foreclose the mortgages. The Supreme Court ruled this violated Article 1484 of the Civil Code, which provides three mutually exclusive remedies for vendors in installment sales. By choosing to foreclose the mortgages and seize the trucks, the company waived its right to collect any unpaid balance. The Court emphasized that vendors cannot circumvent the law's prohibition against pursuing multiple remedies simultaneously, affirming the lower courts' dismissal of the complaint against Noriel and the award of damages for her truck's value.