REPLEVIN:

:  Replevin is one of the most ancient actions known to law, taking its name from the object of its process (Stone v. Church, 16 N.Y.S.2d 512, 515, 172 Misc. 1007, 1008 (1939). It originated in common law as a remedy against the wrongful exercise of the right of distress for rent (Sinnott v. Feiock, 59 N.E. 265, 165 N.Y. 444, 80 Am.S.R. 736, 53 L.R.A. 565  (1901); and Kurzweil v. Story & Clark Piano Co. and Blumgarten v. Mason & Hamlin Co., 159 N.Y.S. 231, 95 Misc. 484 (1916) and, according to some authorities, could only be maintained in such a case (Palmer v. King, 41 App. DC. 419, L.R.A.1916D 278, Ann. Cas.1915C 1139 (1914). But by the weight of authority, the remedy is not and never was restricted to cases of wrongful distress in the absence of any statutes relating to the subject, but is a proper remedy for any unlawful taking (Stone v. Church, 2216 N.Y.S.2d 512, 515, 172 Misc. 1007, 1008 (1939). “Replevied,” used in its technical sense, means delivered to the owner (Steuer v. Maguire, 66 N. E. 706, 707; 182 Mass. 575, 576 (1903) while the words “to replevy” means to recover possession by an action of replevin (Tillson v. Court of Appeals, G.R. No. 89870, May 28, 1991, 197 SCRA 587, 598).

Broadly understood in this jurisdiction, replevin is both a form of principal remedy and of 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 to hold it pendente lite (BA Finance Corporation v. CA, 327 Phil. 716, 724-725 (1996); See also Tillson v. Court of Appeals, id.; Bouvier's Dictionary, Third (Rawle's) Revision, Vol. 2; Black's Law Dictionary, Sixth Edition, p. 1299). The action is primarily possessory in nature and generally determines nothing more than the right of possession. (BA Finance Corporation v. CA, supra, at 725). The law presumes that every possessor is a possessor in good faith (Art. 527 of the New Civil Code). He is entitled to be respected and protected in his possession (Art. 539 of the New Civil Code) as if he were the true owner thereof until a competent court rules otherwise (Yu v. Honrado, No. 50025, August 21, 1980, 99 SCRA 273, 277, citing Chua Hai v. Kapunan,  Jr., etc. and Ong Shu, 104 Phil. 110, 118 (1958). Before a final judgment, property cannot be seized unless by virtue of some provision of law. (Heath v. Steamer “San Nicolas,” 7 Phil. 532, 538 (1907). The Rules of Court, under Rule 60, authorizes such seizure in cases of replevin. However, a person seeking a remedy in an action for replevin must follow the course laid down in the statute, since the remedy is penal in nature. (Weaver Piano Co., Inc. v. Curtis, 158 S.C. 117; 155 SE 291, 300 (1930). (TERLYNGRACE RIVERA vs. FLORENCIO L. VARGAS, G.R. No. 165895, 2009 June 5, Nachura J).