Sibal v. Valdez, 50 Phil.

512

Facts: Sibal owns parcels of land which was attached in another case. In these parcels of land,
sugar canes were growing and it was attached and sold to Valdez. Sibal was able to redeem the
parcel of land within the 1 year redemption period. As regards the sugar cane, Sibal was trying
to redeem it but Valdez refused to accept the money and to return the sugar canes. Valdez is
claiming that sugar canes are considered personal property and cannot be subject to
redemption.

Issue: Whether or not the sugar cane in question is a personal property

Ruling: Yes. The sugar canes are considered personal property.

Under the Chattel Mortgage law: Sec 2: "All personal property shall be subject to mortgage,
agreeably to the provisions of this Act, and a mortgage executed in pursuance thereof shall be
termed a chattel mortgage. “

Section 7 in part provides: "If growing crops be mortgaged the mortgage may contain an
agreement stipulating that the mortgagor binds himself properly to tend, care for and protect
the crop while growing.”

There was an assumption in the Chattel Mortgage Law that “growing crops” are personal
property when Section 7 provides for the rules on mortgage if it will be mortgaged. For the
purpose of attachment and execution, and for the purposes of the Chattel MortgageL aw,
"ungathered products" have the nature of personal property. Moreover, growing fruits
identified for harvesting are considered personal property.