Question A.8, 2019 Civil Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

A.8.

(Question A.8, Civil Law, 2019 Bar Exam)

Mr. E leased a piece of land from Mr. F to be used for his sawmill business for a period of ten (10) years. Consequently, Mr. E placed heavy machineries thereon to be used for his aforementioned business, with the intention of removing them after the expiration of the lease period.

Are Mr. E’s heavy machineries considered real properties under the Civil Code? Explain. (3%)

Suggested Answer:

No. Answer

Under the Civil Code, machinery intended by the owner of the tenement for an industry or works which may be carried on a piece of land, and which tend directly to meet the needs of the said industry or works, is considered an immovable or a real property. Rule

In the case at bar, the heavy machineries are owned and placed on the land by a lessee, and not the owner of the tenement. Apply

Thus, Mr. E’s heavy machineries cannot be considered as real properties under the Civil Code. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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