G.R. No.

L-32917 July 18, 1988

JULIAN S. YAP, petitioner,
vs.
HON. SANTIAGO O. TAÑADA, etc., and GOULDS PUMPS INTERNATIONAL (PHIL.),
INC., respondents.

Facts:
• This case is a petition for review on certiorari concerning the execution of a judgment ruling
against the favor of petitioner Yap.
• Goulds Pumps International filed a complaint against Yap and his wife before the City Court of
Cebu to recover the amount of Php 1,459.30 as a balance on the installation cost of a water
pump purchased by Yap. The judgment ruled against Yap ordering him to pay with legal
interest.
• Countless MFRs were filed by Yap because he has been declared by default for non-
appearance or for filing a reply within the reglementary period.
• In one argument he raised, he stated that the execution sale conducted by the Sheriff of the
subject water pumps was improper. He cited Rule 39 of the New Rules of Court which states
that notice by publication in case of execution sale of real property is required. Since the water
pumps and its accessories are attached to the ground with the character of permanency, these
are considered real properties.
• Since there was no notice done, the sale should be held invalid.

Issue:
• Whether or not the water pumps are considered real properties since these are already attached
to the ground.

Ruling:
• NO.
• According to the Article 415 (3) of the Civil Code, an immovable property is anything 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.
• The water pump does not fit this description because it could be separated from Yap’s premises
without being broken or suffering deterioration. Here, it was in fact separated so it is not an
immovable property.