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- We declare that the amounts awarded to the mortgagee (appellee) by the court a quo in this matter are reasonable.To the extent that our decision here contradicts the ruling proclaimed and adopted by the preceding cases, the latter must be considered pro tanto qualified. (3)
- We enforce his rights in accordance with the contractual relationship between him and the mortgagor as embodied in their agreement, it follows logically as a matter of common sense that the mortgagor should bear the necessary expenses incurred in the mortgagee's prosecution of the action for replevin so that he can regain possession of the chattel. Recoverable expenses, in our opinion, would include legitimate expenses incurred in obtaining chattel seizure as well as reasonable attorney's fees in pursuing the replevin action. (2)
- It is common knowledge and the rule of law that no man can take the law into his own hands; thus, it is not to be assumed that the Legislature intended for the mortgagee to wrest or seize the chattel forcibly from the mortgagor's control and possession, even to the extent of using violence, which is unwarranted in law. (1)
- Even if the court unconditionally concurs in the philosophy of the Recto Law, in which the underprivileged mortgagors are fully protected against the rapacity of the mortgagees, the appellants are not entitled to such protection if they plainly refuses to deliver the chattel subject of the mortgage upon their failure to pay two or more installments, or if he conceals the chattel to place it beyond the reach of the mortgagee. This gives rise to the appellee’s rights to the necessary expenses incurred in the prosecution by the mortgagee of the action for the replevin so that he can regain possession of the chattel, as these expenses should be borne by the mortgagor.
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