Art. 415. The following are immovable property: CASE NAME KEYWORD Standard Oil of NY v.

Jaranillo

DOCTRINE The function of a reigser of deeds are purely ministerial character.

NATURE

(1) Land, buildings, roads and constructions of all kinds adhered to the soil; CASE NAME KEYWORD DOCTRINE Leeung Yee A building treated separately from the land on which it stood is immovable property and the mere fact that tht parties dealt with it separate and apart from the land on which is stood does not change the character. A building immovable. in itself is

NATURE Immovable

Where the interest conveyes is nature of real property, placing of the document on record in the chattel mortgage register is a futile act. Biscerra v. Tenezza Demolished House Jursidcition falls under the peace court, not CFI A building is immovable by incorporation Action for recovery of damages arising from a demolished house does not involve real property. Inclusion of a building separarete and distince from the land means that building is immovable by itseld. Building by itself may be mortgaged apart from the land it was builty. Margrage is still real estate for building would still be immovable even if dealt with separately from land A mortgage exectued by a private respondent on own building on land of government is valid. (A building is always immobanle even if it is on a land owned by another person) personal properties may be the only subjects of a chattel mortgage, the execution of the chattel mortgage covering said building is null and void. A building cannot be divested of its character of a realty by the fact that the land on which it is constructed belongs to another. Movable

Prudential v. Panis

Immovable

Evangelista v. Alto Associated v. Iya Associated chattel mortgagehouse Iya- real estate mortgage- lot and house

Immovable Immovable

Luna v. Encarnacion

Wrong application of RA 3135 by asking sheriff to sell

(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; CASE NAME KEYWORD DOCTRINE NATURE Sugar cane redemption (Ungathered fruits have the Personal Property nature of personal proeprty for SIBAL V. VALDEZT purposes of attachment and execution)

(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object; CASE NAME KEYWORD DOCTRINE NATURE Tsai v. CA Even if the properties in question are immovable by nature, nothing detracts the parties from treating it as chattels to escure an obligation under principle of estoppel. An immovable may be personal property if there is a stipulation as when it is used as a security in the payment of an obligation where a chattel mortgage is executed over it. CM shall cover only the property in and not added or substituted property acquired by the mortgagor after (4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements; (5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works; CASE NAME KEYWORD DOCTRINE NATURE Davao Saw Mill Machinery movable by nature Movable becomes immobilized when placed by the owner of the tenement but not when placed by tenant, usufructurary or any other with only temoirary rights. Board of Assesment v. Manila Supports or towers in question Movable Electric Company were not subject to realty tax. SUGAR CENTRAL (Must tend directly to meet the Immovable BERKENKOTTER V. CU ADDITIONAL MACHINERY needs of said industry or work) CASE improvement by purppsose Mindanao Bus v. City Assesor Not essential equipment, repair (They must be essential and Movable only, tax principal elements of the industry or workds, not merely incidental)

(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast; CASE NAME KEYWORD DOCTRINE NATURE Power barges, real tax Immovable FELS ENERGY V. BATANGAS Valentina was sold twice Ships and vessels, whether Immovable Rubiso v. Rivera moved by steam or by sail, partake, to a certain extent of the nature and conditions of real property, on account of

their value and importance in world commerce; The requisite of registration in the registry, of the purchase of the vessel, is necessary and indispensable in order that the purchasers rights may be maintained against a third person. The only requirement for personal property to be object of theft is capable of appropriation. The business of providing telecommunication or telephone service is personal property. Ubterst us bysubess us oersibak orieorty because it is capable or appropriation and not included in enumeration of rael property. Electricity is personal property

Laurel v. Abrogar

(10) Contracts for public works, and servitudes and other real rights over immovable property. (334a)

CASE NAME
PRESBITERO FERNANDEZ V.

KEYWORD

DOCTRINE
Sugar qutas are immovable properly. Levy is not valid if copy of order and description of property is not filed with register of deeds.

NATURE Immovable

Art. 416. The following things are deemed to be personal property: (1) Those movables susceptible of appropriation which are not included in the preceding article; (2) Real property which by any special provision of law is considered as personal property; (3) Forces of nature which are brought under control by science; and (4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (335a) Art. 417. The following are also considered as personal property: (2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate. (336a)

INVOLUNTARY INSOLVENCY OF PAUL V. RAMIREZ AND EDMONDS

Mortgage of F and S is preferntial because the document in his favor states that his mortgage was second mortgae subordinate to F and S.

An interst in a business may be subject of a mortgage because it is personal property being capable of appropriation and not in the enumeration of real property.
The only requirement for personal property to be object of theft is capable of appropriation. The business of providing telecommunication or telephone service is personal property. Ubterst us bysubess us oersibak orieorty because it is capable or appropriation

Laurel v. Abrogar

and not included in enumeration of rael property. Electricity is personal property