Chua vs. CA

G.R. No. 79021 May 17, 1993

ROMEO S. CHUA, petitioner,
vs.
THE HON. COURT OF APPEALS, DENNIS CANOY AND ALEX DE LEON, respondents.

Facts:

Judge Francisco issued a search warrant directing the immediate search of the premised of R.R Construction and the seizure of an Isuzu dump truck. Respondent Canoy seized the vehicle and took custody of it.

a civil action for Replevin/Sum of Money for the recovery of possession of the same Isuzu dump truck was filed by petitioner against respondent Canoy and one "John Doe" in the Regional Trial Court presided by Judge Leonardo B. Cañares

Judge Cañares directed the issuance of a writ of replevin upon the posting of a bond in the amount of P100,000.00. The writ of replevin was also issued on the same date, and the subject vehicle was seized by Deputy Sheriff Galicano V. Fuentes.

Respondent Canoy filed a motion for the dismissal of the complaint and for the quashal of the writ of replevin. The motion was opposed by petitioner. The motion to dismiss and to quash the writ of replevin was denied.

Issue: WON replevin applies to custodia legis?

Held:

It is a basic tenet of civil procedure that replevin will not lie for property in custodia legis. A thing is in custodia legis when it is shown that it has been and is subjected to the official custody of a judicial executive officer in pursuance of his execution of a legal writ. The reason posited for this principle is that if it was otherwise, there would be interference with the possession before the function of the law had been performed as to the process under which the property was taken. Thus, a defendant in an execution or attachment cannot replevy goods in the possession of an officer under a valid process, although after the levy is discharged, an action to recover possession will lie