STANDARD OIL vs.

JARANILLO (immovable Beron)

Petitioners seek for the registration of the chattel mortgage over a parcel of land
together with the building on it. The parcel of land and building were leased by de la
rosa who later on conveyed these properties by mortgage to petitioner.
Petitioners went to respondent to register the mortgage but such was denied on the
ground that the properties are real and therefore in violation chattel mortgage law
which requires personal property.
SC : Register of Deeds has a ministerial duty to register instrument upon payment
of proper fees.
There is no provision in law which confers judicial or quasi-judicial power to
determine the nature of any document. Registration adds nothing to the instrument,
it merely acts as notice.
Property may have character different from that imputed to it in said articles.
Parties to a contract may, by agreement, treat as personal real properties.
If the mortgaged property is real, chattel mortgage is deemed ineffective as to third
parties.
RICARDO PRESBITERO vs, FERNANDEZ (Immovable Calinisan)
Facts:
1) ESPERIDION Presbitero failed to furnish Nava the value of the properties under
litigation.
2) Presbitero was ordered by the lower court to pay Nava to settle his debts.
3) Nava's counsel still tried to settle this case with Presbitero, out of court. But to no
avail.
4) Thereafter, the sheriff levied upon and garnished the sugar quotas allotted to the
plantation and adhered to the Ma-ao Mill District and registered in the name of
Presbitero as the original plantation owner.
5) The sheriff was not able to present for registration thererof to the Registry of
Deeds.
6) The court then ordered Presbitero to segregate the portion of Lot 608 pertaining
to Nava from the mass of properties belonging to the defendant within a period to
expire on August 1960.
7) Bottomline, Presbitero did not meet his obligations, and the auction sale was
scheduled.
8) Presbitero died after.
9) RICARDO Presbitero, the estate administrator, then petitioned that the sheriff
desist in holding the auction sale on the ground that the levy on the sugar quotas
was invalid because the notice thereof was not registered with the Registry of
Deeds.
Issue:
W/N the sugar quotas are real (immovable) or personal properties.
Held:
1) They are real properties.
2) Legal bases:
a) The Sugar Limitation Law

xxx attaching to the land xxx (p 631)

b) RA 1825
xxx to be an improvement attaching to the land xxx (p 631)
c) EO # 873
"plantation" xxx to which is attached an allotment of centrifugal sugar.
3) Under the express provisions of law, the sugar quota allocations are accessories
to the land, and cannot have independent existence away from a plantation.
4) Since the levy is invalid for non-compliance with law, xxx the levy amount to no
levy at all.
BISCERRA v TENEZA (immovable - Fernandez)
Facts:
-A house allegedly owned by the Bicerras was forcibly demolished by the Tenezas
who claim ownership of the same.
-The materials, after the house was dismantled, were brought to the custody of the
Barrio Lieutenant.
-Bicerras filed an action before the CFI of Abra praying that they be declared owners
of the house and that damages be awarded to them. CFI dismissed on the ground
that jurisdiction belongs to the Justice of the Peace courts.
Issue:
Does the action involve title to real property which makes it cognizable by the CFI?
Or does jurisdiction belong to the Justice of the Peace courts as there is no real
property involved?
Held:
Jurisdiction is within the Justice of the Peace Courts as there is no real property
litigated. A house is classified as immovable property by reason of its adherence to
the soil on which it is built. But once a house is demolished, it ceases to exist as
such and its character of being immovable likewise ceases.
BERKENKOTTER VS. CU UNJIENG E HIJOS (immovable - Delgado)
Facts: Appellant Berkenkotter appeals the judgement to CFI of Manila. Mabalacat
Sugar
1. Company obtained a loan from Cu Unjieng e Hijos. The loan was then secured by
a first mortgage constituted on two parcels of land with all its buildings,
improvements, sugar-cane mill, steel railway, telephone line, apparatus, utensils
and whatever forms part the necessary complement of said sugar-cane mill. Shortly
after obtaining a loan, Mabalacat decided to increase its capacity by buying
additional machinery and equipment. To carry out this plan, the president of
2. Mabalacat, Mr. Green, proposed to Mr. Berkenkotter to advance the necessary
amount for the purchase of the effects with the promise that it would be reimbursed
after Mabalacat obtains another loan to from Cu Unjieng. Mr. Green furnished the
amount adding to its existing credit in Mabalacat amounting to 47 thousand (unpaid
salary and loan). Machinery and equipment were bought. Mabalacat obtained
another 75,000 Php loan from Cu Unjieng and offered the machinery and
equipment as added security.

3. Appelllant contends that installation of machinery and equipment claimed by him

was not permanent in character aas much as Mr. Green in proposing to him to
advance money said that when their new loan to Cu Unjieng ends in futility, the
machinery and equipment will be security.
4. Thus Mr. Green binds himself not to mortgage it or encumber to anyone until he
is reimbursed.
Issue: W/N lower court erred in declaring that the additional machinery and
equipment as improvement incorporated with the sugar central are subject to the
deed of mortgage executed in favor of Cu Unjieng.
Held: Yes. It is a well established rule that the mortgage on real properties includes
the improvements of the same. The Civil Code gives the character of real
propertyto machinery, liquid containers, instruments or implements intended by
the owner of any building or land for use in connection with any industry or trade
being carried on therein and which are expressly adaptedto meet the requirements
of such trade and industry. Installation or machinery and equipment converted them
into real property by reason of their purpose, it cannot be said that their
incorporation therewith was not permanent in character because, as essential and
principal elements of sugar central, without them sugar central wouldbe unable to
function or carry the industrial purpose for which it is established.
Leung Yee vs. F.L. String Machinery Co. and William (del Socorro)