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Case Digest on PNB v. Judge Benito C. Se, Jr. (256 SCRA 380)

November 11, 2010

Case Digest on PNB v. Judge Benito C. Se, Jr. (256 SCRA 380)

A prior judgment holding that a party is a warehouseman obligated to deliver sugar stocks covered by the warehouse receipts does not necessarily carry with it a denial of its lien over the same sugar stocks.  Thus where the judgment creditor (in this case PNB) makes an unconditional presentment of warehouse receipts for delivery of sugar stocks against the warehouseman (Noah’s Ark), it thereby admits the existence and validity of the terms, conditions and stipulations written on the face of the warehouse receipts, including the unqualified recognition of the payment of warehouseman’s lien for storage fees and preservation expenses.  Thus, PNB may not retrieve the sugar stocks without paying the warehouseman’s lien.

The warehouseman need not file a separate action to enforce payment of storage fees.  He may enforce his lien before delivering the sugar stocks covered by the warehouse receipts.

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