DAVAO SAW MILL Co., INC., plaintiff and appellant, vs. APRONIANO G.

CASTILLO and DAVAO

LIGHT & POWER Co., INC., def endants and appellees.
1.PROPERTY; MACHINERY AS PERSONAL PROPERTY; CIVIL CODE, ARTICLE 334,
PARAGRAPHS 1 and 5, CONSTRUED.A lessee placed machinery in a building erected on
land belonging to another, with the understanding that the machinery was not included in the
improvements which would pass to the lessor on the expiration or abandonment of the land
leased. The lessee also treated the machinery as personal property by executing chattel
mortgages in f favor of third persons. The machinery was levied upon by the sheriff as personalty
pursuant to a writ of execution obtained without any protest being registered. Held: That the
machinery must be classified as personal property.
2.ID.; ID.; ID.Machinery which is movable in its nature only becomes immobilized when placed
in a plant by the owner of the property or plant, but not when so placed by a tenant, a
usufructuary, or any person having only a temporary right, unless such person acted as the agent
of the owner. [Davao Saw Mill Co. vs. Castillo, 61 Phil., 709(1935)]