EDCA VS SANTOS

GR No. 80298
26-April-1990
Doctrine: The possession of a movable property acquired in good faith is equivalent to a tile.
Facts: Jose Cruz placed an order of 406 books by telephone with EDCA, payable upon delivery. EDCA
delivered the books and Cruz issued a check of P8,995.65. Then, Cruz sold 120 books to respondents
Santos, owner of Santos Bookstore. The spouses Santos paid Cruz P1,700 after verifying the ownership
of Cruz from the invoice presented to them. EDCA then found out that not Jose Cruz exists and that he
had no more account or deposit in Philippine Amanah Bank. EDCA went to the police to set a trap and
subsequently arrested Cruz whose real name is Tomas de la Pea. On that same day, EDCA and the
policemen went to the store of spouses Santos and seized the books without warrant.
Issue: WON EDCA was unlawfully deprived of their property.
Ruling: Nope. Actual delivery has been made to Cruz, making him the owner of the books. Cruz can
validly transfer the said books spouses Santos. The fact that Cruz (de la Pea) hasnt paid yet did not
impair the title acquired by the spouses Santos. The sale was perfected when agreement was reached
between EDCA and Cruz on the subject matter and consideration.