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  • 05 Property Real Vs Personal Property 1995 No. 13

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    Shazna Sendico
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    The document discusses the classification of furniture-making machinery located in a warehouse leased by NARRAMIX, a furniture company, from Salvador. 1) The machinery is considered movable property as it was not installed by the owner of the tenement, Salvador, as required for classification as immovable property. 2) If the lease contract stipulates the machinery becomes the property of the lessor, Salvador, upon termination of the lease, then the machinery would be considered immovable property since it is treated as if installed by the owner of the tenement.

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    The document discusses the classification of furniture-making machinery located in a warehouse leased by NARRAMIX, a furniture company, from Salvador. 1) The machinery is considered movable property as it was not installed by the owner of the tenement, Salvador, as required for classification as immovable property. 2) If the lease contract stipulates the machinery becomes the property of the lessor, Salvador, upon termination of the lease, then the machinery would be considered immovable property since it is treated as if installed by the owner of the tenement.

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    49 views1 page

    05 Property Real Vs Personal Property 1995 No. 13

    Uploaded by

    Shazna Sendico
    The document discusses the classification of furniture-making machinery located in a warehouse leased by NARRAMIX, a furniture company, from Salvador. 1) The machinery is considered movable property as it was not installed by the owner of the tenement, Salvador, as required for classification as immovable property. 2) If the lease contract stipulates the machinery becomes the property of the lessor, Salvador, upon termination of the lease, then the machinery would be considered immovable property since it is treated as if installed by the owner of the tenement.

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    05; Property; real vs personal property

    1995 No. 13:


    Salvador, a timber concessionaire, built on his lot a warehouse where he
    processes and stores his timber for shipment. Adjoining the warehouse is a furniture
    factory owned by NARRAMIX of which Salvador is a majority stockholder.
    NARRAMIX leased space In the warehouse where it placed its furniture-making
    machinery.
    1. How would you classify the furniture-making machinery as property under
    the Civil Code? Explain.

    2. Suppose the lease contract between Salvador and NARRAMIX stipulates


    that at the end of the lease the machinery shall become the property of the lessor,
    will your answer be the same? Explain.

    Answer:
    1. The furniture-making machinery is movable property because it was not
    installed by the owner of the tenement. To become immovable under Art. 415 (5)
    of the NCC, the machinery must be installed by the owner of the tenement.

    Alternative Answer:
    It depends on the circumstances of the case. If the machinery was attached
    in a fixed manner, in such a way that it cannot be separated from the tenement
    without breaking the material or causing deterioration thereof, It is Immovable
    property [Art. 415 (3), NCC]. However, if the machinery can be transported from
    place to place without Impairment of the tenement to which they were fixed, then it is
    movable property. [Art. 416 (4), NCCJ

    2. It is immovable property. When there is a provision in the lease contract


    making the lessor, at the end of the lease, owner of the machinery installed by the
    lessee, the said machinery is considered to have been installed by the lessor
    through the lessee who acted merely as his agent. Having been installed by the
    owner of the tenement, the machinery became immovable .under Art. 415 of the
    NCC. (Davao Sawmill v. Castillo 61 Phil. 709)
    Sagot ni aquino
    The furniture-making machinery should be considered real property under Art. 415(5) of the NCC
    because it was not installed by the owner of the tenement; the lessee of the warehouse is
    NARRAMIX, a coporation with personality separate and distinct from its shareholders

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