Beruflich Dokumente
Kultur Dokumente
Paper City
Short Facts and Doctrine/s: Paper City obtained loans from RCBC
(substituted by Star Two) secured by a chattel mortgage over Paper Citys
machineries and equipment. This CM was unilaterally cancelled by RCBC.
Subsequently, Paper City entered into a Mortgage Trust Indenture with
RCBC and 2 other banks. In the MTI, Paper City obtained additional loans
secured by a deed of real estate mortgage plus real and personal property
which was annexed. This necessarily included the machineries and
equipment of Paper City. Defaulted. Foreclosed. They were arguing over
whether the machineries and equipment are to be considered as real
property and thus included in the foreclosure. RCBC poses that Paper City
gave its consent to consider the disputed machineries and equipment as real
properties. Paper City contends that the machineries and equipment are
chattels by agreement thru the deeds of CM Held: SC said that the parties
stipulated in the MTI that the properties mortgaged are various parcels of
land including buildings and existing improvements thereon as well as the
machineries and equipment. The real estate mortgage over the machineries
and equipment is even in full accord with the classification of such properties
by the NCC as immovable property (Art. 415. Par 5. Machinery, receptacles,
instruments or implements).
Facts:
The SC said that repeatedly in the MTI's, the parties stipulated that
the properties mortgaged by Paper City to RCBC are various
parcels of land including buildings and existing improvements
thereon as well as the machineries and equipment.
The MTI is clear. The plain language and literal interpretation of the
MTI's must be applied. The petitioner, other creditor banks, and
Paper City intended from the very first indenture that the
machineries and equipment in the annex in the MTI's are included.
The real estate mortgage over the machineries and equipment are
even in full accord with the classification of such properties by the
Civil Code of the Philippines as immovable property. Thus:
Article 415. The following are immovable property:
August 2005 upholding the 15 August 2003 and 1 December 2003 Orders of
the Valenzuela Regional Trial Court are hereby REVERSED and SET ASIDE
and the original Order of the trial court dated 28 February 2003 denying the
motion of respondent to remove or dispose of machinery is hereby
REINSTATED.