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  • Standard Oil Co. of New York vs. Jaramillo

    Diunggah oleh

    craftersx
    34 tayangan1 halaman
    The respondent register of deeds refused to record a chattel mortgage presented by the petitioner on the grounds that the interest mortgaged (a leasehold interest in land and ownership of a house) did not appear to be personal property. However, the court held that the register's duties are purely ministerial and they have no power to determine the nature of documents presented for registration. Generally, the register should accept the property qualification adopted by the presenting party and record the instrument, leaving any questions about its effects to be determined by courts. While the Civil Code provides general doctrines on real vs personal property, the parties can by agreement treat something as personal property that would normally be considered real property.

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    Standard Oil Co. of New York vs. Jaramillo

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    The respondent register of deeds refused to record a chattel mortgage presented by the petitioner on the grounds that the interest mortgaged (a leasehold interest in land and ownership of a house) did not appear to be personal property. However, the court held that the register's duties are purely ministerial and they have no power to determine the nature of documents presented for registration. Generally, the register should accept the property qualification adopted by the presenting party and record the instrument, leaving any questions about its effects to be determined by courts. While the Civil Code provides general doctrines on real vs personal property, the parties can by agreement treat something as personal property that would normally be considered real property.

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    © All Rights Reserved
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    34 tayangan1 halaman

    Standard Oil Co. of New York vs. Jaramillo

    Diunggah oleh

    craftersx
    The respondent register of deeds refused to record a chattel mortgage presented by the petitioner on the grounds that the interest mortgaged (a leasehold interest in land and ownership of a house) did not appear to be personal property. However, the court held that the register's duties are purely ministerial and they have no power to determine the nature of documents presented for registration. Generally, the register should accept the property qualification adopted by the presenting party and record the instrument, leaving any questions about its effects to be determined by courts. While the Civil Code provides general doctrines on real vs personal property, the parties can by agreement treat something as personal property that would normally be considered real property.

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai DOCX, PDF, TXT atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 1

    Standard Oil Co. of New York vs.

    Jaramillo, 44 SCRA 630


    FACTS:
    De la Rosa was the lessee of a piece of land, on which a house she owns was built.
    She executed a chattel mortgage in favor of the petitionerpurporting the leasehold interest
    in the land and the ownership of house. After such, the petitioner moved for its registration
    with the Register of Deeds, for the purpose of having the same recorded in the book of record
    of chattel mortgages. After said document had been duly acknowledge and delivered, the
    petitioner caused the same to be presented to the respondent, Joaquin Jaramillo, as register of
    deeds of the City of Manila, for the purpose of having the same recorded in the book of record
    of chattel mortgages. Upon examination of the instrument, the respondent was of the opinion
    that it was not a chattel mortgage, for the reason that the interest therein mortgaged did not
    appear to be personal property, within the meaning of the Chattel Mortgage Law, and
    registration was refused on this ground only.
    ISSUE:

    Whether

    or

    not

    respondents

    position

    is

    tenable?

    HELD:
    No. The respondents duties, as a register of deeds, in respect to the registration of chattel
    mortgage are of a purely ministerial character; and no provision of law can be cited which
    confers upon him any judicial or quasi-judicial power to determine the nature of any document of
    which registration is sought as a chattel mortgage. Generally, he should accept the
    qualification of the property adopted by the person who presents the instrument for
    registration and should place the instrument on record, upon payment of the proper fee,
    leaving the effects of registration to be determined by the court if such question should arise for
    legal determination. The Civil Code supplies no absolute criterion in discriminating between real
    property and personal property for purposes of the application of the Chattel Mortgage
    Law. The articles state general doctrines, nonetheless, it must not be forgotten that under
    given conditions, property may have character different from that imputed to it in the
    said articles. It is undeniable that the parties in a contract may by agreement treat as
    personal property that which by nature would be real property.

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