PUNSALAN, ET AL. vs. C. BOOT LIAT, ET AL, G.R. No.

L-18009, January 10, 1923

FACTS: The twenty two (22) men found, from the Cawit-Cawit shores in the Province of
Zamboanga, a large fish having large quantity of ambergris, which was placed in three
sacks and taken to the house of Mahajara Butu, where they left if in the care Ahamad.
Then the contents of the two full sacks were placed in three trunks. All of these twenty-
two persons made an agreement that they were to be the sole owners of this ambergris
and that none of them could sell it without the consent of the rest. As to the half sack of
amber they agreed that some of them should take it to Zamboanga to sell for the
purpose of ascertaining the market price of the ambergris, in order that they might
dispose of the rest accordingly. Subsequently, they offered to sell for the sum of
P12,000 to the Chinamen, Cheong Tong and Lim Chiat, the rest of the amber contained
in the two sacks which had been left in the house of Maharaja Butu, for safekeeping. It
appears that there were other people in Zamboanga who knew of the existence of this
ambergris in the house of Maharaja Butu. Mr. Henry E. Teck, proposed to the master of
the revenue cutter Mindoro to go to Cawit-Cawit to seize some supposedly contraband
opium. After transmitting this information to the Collector of Customs, he, the master of
the Mindoro, immediately proceeded to Cawit-Cawit. Upon arrival, the master searched
and seized the three trunks. Then Ahamad and other Moros asked permission of the
master to accompany him on the voyage to Zamboanga, to which the master
consented. When already on board and during the voyage, the master became
convinced that the contents of the three trunks were not opium. During the voyage, Mr.
Teck offered to purchase the amber contained in the three trunks. With a promise of
protection, Ahamad decided to sell the amber for P7,500 and received P2,500 as part
payment on account of this price, a bill of sale having been signed by Ahamad,
Maharaja Butu and three Moros more. The balance of this price was paid later. When
Cheong Tong, Lim Chiat, and the Moros, arrived at the house of Maharaja Butu, they
found that the amber they had purchased from Tamsi and his companions was no
longer there. A complaint was filed by the plaintiffs, who among those are twenty-one of
the twenty-two Moros who had caught the whale, and Ahamad is the one of the
defendants.
ISSUE: Whether or not an action for recovery may be filed by a co-owner against a co-
owner with respect to the thing they held in common.
HELD: YES. The action for recovery which each co-owner has, derived from the right of
ownership inherent in the co-ownership, may be exercised not only against strangers
but against the co-owners themselves, when the latter perform, with respect to the thing
held in common, acts for their exclusive benefit, or of exclusive ownership, or which are
prejudicial to, and in violation of, the right of the community.
Wherefore, it is the judgment and order of the court that the defendants deliver to the
plaintiffs twenty-twenty-first (20/21) of the amber in question, or, in default thereof, the
value of the amber which is the subject-matter of this action shall be P60,000, without
special finding as to the costs of this instance. So ordered.