Philippine Bar review · Question

Practice question: Immovable Property

Multiple Choice Hard

Practice question

A tenant installs its own removable machines for its temporary business, not as the landowner’s agent. The machines can be detached without breaking materials or deteriorating the objects and are to remain the tenant’s property. In a Civil Code classification dispute, does industrial use alone make them immovable by destination under Article 415(5)?
  1. Yes, any machine in a building is immovable
  2. Yes, ownership of the premises never matters
  3. No, the owner-placement requirement for this destination category is not met on the stipulated facts
  4. Yes, any lease transfers machinery to the landowner
  5. No machine can ever be immovable under any provision

Legal references

  • https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 415
  • https://lawphil.net/judjuris/juri1935/aug1935/gr_40411_1935.html — Davao Saw Mill Co. v. Castillo, G.R. No. 40411, August 7, 1935
  • https://lawphil.net/judjuris/juri2015/aug2015/gr_166102_2015.html — Manila Electric Company v. City Assessor of Lucena City, G.R. No. 166102, August 5, 2015

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