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Agustin vs CA

Facts: The dispute stemmed by the unpaid promisory note by Agustin that was secured by a mortgaged that is subsequently assigned to Filinvest Finance Corporation(private respondent). Private respondent filed a writ of replevin neither recovering the sum of money with interest or the possession of the mortgage truck Upon repossession of the truck, it was discovered that the truck is no longer in running condition. Therefore, additional expenses for its repairs before it was sold to public auction Private respondent subsequently claim for additional expenses from Agustin due to the repairs and the transportation fee of the truck from Cagayan to manila. RTC dismissed the claim as private respondent has no jurisdiction due to the extra-judicial forclosure of the mortgage CA reversed and ordered for the reimbursement of the payment

Whether or not the decision of CA be affirmed Held: YES The fact that they were have the same set of facts, it should be decided the same in the CA. -the decision in the CA has become final

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