MACHINERY & ENGINEERING SUPPLIES, INC. VS. COURT OF APPEALS, HON.

POTENCIANO PECSON, JUDGE OF THE COURT OF FIRST INSTANCE OF MANILA, IPO

LIMESTONE CO., INC., and ANTONIO VILLARAMA
G.R. No. L-7057 | 29 October 1954
Puerto, Karlo Alexie C.

FACTS:

Machinery and Engineering Supplies filed for a complaint for replevin against Ipo Limestone with
Court of First Instance of Manila for the recovery of machineries and equipment sold to the latter,
located in their factory in Norzagaray, Bulacan. Upon serving the order of the judge,
representatives of Ipo Limestone objected and argued that the machineries subject for seizure
are not personal properties, and therefore cannot be subject to replevin.

ISSUE:

Whether or not the machineries of Ipo Limestone are immovable properties

RULING:

Yes, the machineries of Ipo Limestone are immovable properties.

The machineries qualify in the descriptions under Paragraphs (3) and (5) of Article 415 (Article
334, Civil Code of Spain), which provide:

ARTICLE 415. The following are immovable property:

(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;

Xxx

(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 work

In this case, the machines appeared to be attached to the land, particularly to the concrete
foundation of said premises, in a fixed manner. The sheriff needed to unbolt them, as well as cut
its wooden supports, to effectively remove the same. The machines are also integral parts of the
industry or work to which the land or building was built for, which is a limestone processing plant.