FACTS:
The
land in question belongs to plaintiff Sagrada Orden in whose name the title was
registered before the war
On
January 4, 1943, during the Japanese military occupation, the land was acquired
by a Japanese corporation by the name of Taiwan Tekkosho
After
liberation on April 4, 1946, the Alien Property Custodian of the United States
of America took possession, control, and custody of the property pursuant to
the Trading with the Enemy Act
The
property was occupied by the Copra Export Management Company under a custodian
agreement with US Alien Property Custodian. When it vacated the property, it
was occupied by defendant National Coconut Corporation
The
plaintiff made claim to the said property before the Alien Property Custodian.
Alien Property Custodian denied such claim
It
bought an action in court which resulted to the cancellation of the title
issued in the name of Taiwan Tekkosho which was executed under threats, duress,
and intimidation; reissuance of the title in favor of the plaintiff;
cancellation of the claims, rights, title, interest of the Alien property
Custodian; and occupant National Coconut Corporation’s ejection from the
property. A right was also vested to the plaintiff to recover from the
defendants rentals for its occupation of the land from the date it vacated.
Defendant
contests the rental claims on the defense that it occupied the property in good
faith and under no obligation to pay rentals.
ISSUE:
Whether or not the defendant is obliged to pay rentals to the plaintiff
HELD:
No. Nacoco is not liable to pay rentals prior the judgment. If
defendant-appellant is liable at all, its obligations, must arise from any of
the four sources of obligations, namley, law, contract or quasi-contract,
crime, or negligence. (Article 1089, Spanish Civil Code.) Defendant-appellant
is not guilty of any offense at all, because it entered the premises and
occupied it with the permission of the entity which had the legal control and
administration thereof, the Allien Property Administration. Neither was there
any negligence on its part.
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