Dear PAO,
I have a pet dog named Blu. Blu was a Christmas gift from my parents. Last year, Lina became my girlfriend. After being in a relationship with Lina for six months, we decided to live together. However, we eventually broke up after I found out she was cheating on me. While I was away, she packed her belongings and also took Blu without my knowledge and consent. She claimed that I gave her Blu as a monthsary gift. However, such an allegation is not true. Blu is like a child to me. How can I recover Blu from my ex-girlfriend?
John
Dear John,
No matter how much you love Blu as your child, Blu is still a dog. A pet dog is an animal that is covered under the definition of personal properties or movables as provided by the Civil Code. (Art. 416 in relation to Art. 560, Civil Code of the Philippines) Thus, Blu is considered personal property, which may be the subject of a civil complaint for the recovery of possession of personal property and of the provisional remedy of replevin. The Supreme Court, in the case of BA Finance Corp. v. CA, GR 102998, July 5, 1996, Ponente: Associate Justice Jose Vitug, stated that:
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“Replevin, broadly understood, is both a form of principal remedy and of a provisional relief. It may refer either to the action itself, i.e., to regain the possession of personal chattels being wrongfully detained from the plaintiff by another, or to the provisional remedy that would allow the plaintiff to retain the thing during the pendency of the action and hold it pendente lite. The action is primarily possessory in nature and generally determines nothing more than the right of possession. Replevin is so usually described as a mixed action, being partly in rem and partly in personam — in rem insofar as the recovery of specific property is concerned, and in personam as regards to damages involved. As an ‘action in rem,’ the gist of the replevin action is the right of the plaintiff to obtain possession of specific personal property by reason of his being the owner or of his having a special interest therein. Consequently, the person in possession of the property sought to be replevied is ordinary the proper and only necessary party defendant, and the plaintiff is not required to so join as defendants other persons claiming a right on the property but not in possession thereof. Rule 60 of the Rules of Court allows an application for the immediate possession of the property but the plaintiff must show that he has a good legal basis, i.e., a clear title thereto, for seeking such interim possession.”
Thus, replevin may refer to the action itself for the recovery of personal property or the provisional remedy traditionally associated with it, by which the plaintiff can obtain the possession of the property and retain it during the pendency of the action.
In your case, since your personal property, Blu, was wrongfully detained or possessed by another, which is your ex-girlfriend, you can apply for a writ of replevin to recover your dog, simultaneous to the filing of your civil complaint for the recovery of personal property, or at anytime before your ex-girlfriend files her answer to the complaint following Section 1, Rule 60 of the Rules of Court which states that “party praying for the recovery of possession of personal property may, at the commencement of the action or at any time before answer, apply for an order for the delivery of such property to him, in the manner hereinafter provided.”
We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
