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HELP: please share ur views

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1 HELP: please share ur views on Wed Sep 22, 2010 2:32 pm

leonhart


Arresto Menor
Consider this question from our exam in property:
Suppose a tenant promised to give the machinery later to the owner of the land.
a. It is already considered as immovable property.
b. It is still movable property.
Eto ung isinagot ko:
b. It is still movable property.

The law provides that as a general rule machinery is considered as movable property. In order that the machinery be deemed as immovable the following requisites must first be complied: (1) the placing must be made by the owner of the tenement, his agent, or duly authorized legal representative; (2) the industry or works must be carried on in the building or on land; (3) the machinery must tend directly to meet the needs of said industry or works; and (4) the machinery must be essential and principal elements in the industry and not merely incidental.

In the given case, there was no showing that the necessary requisites to consider machinery as immovable were complied. The absent of such requisites render the subject machinery as movable property.

Therefore, the subject machinery is still movable property.


Pagkabalik ng booklet, nilagyan ni sir ng ekis ung sagot ko na letter B. Sa tingin ko kasi mali ung letter A at letter B talaga ang tamang sagot. Gusto ko sanang i approach si sir tungkol dito baka na overlook lng niya ung sagot ko pero bago ko gawin yun gusto ko sanang malaman mga opinyun ninyo - Mga kaibigan, ano ba sa tingin ninyo ang tamang sagot? A immovable or B movable?

PLEASE~ PA SHARE NAMAN NG OPINYUN NINYO...SALAMAT NG MARAMI ^_^...

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2 Re: HELP: please share ur views on Sun Sep 26, 2010 8:38 am

attyLLL


moderator
Consider this question from our exam in property:
Suppose a tenant promised to give the machinery later to the owner of the land.
a. It is already considered as immovable property.
b. It is still movable property.

this is the question in verbatim? no other details?


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3 Re: HELP: please share ur views on Sun Sep 26, 2010 11:10 am

leonhart


Arresto Menor
attyLLL wrote:
this is the question in verbatim? no other details?
Uu. ^_^

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4 Re: HELP: please share ur views on Sun Sep 26, 2010 2:49 pm

attyLLL


moderator
unless there's already a case which answers this, my answer would also be that they are movable because there is no detail that the machinery have been immobilized. it is not a factor that the tenant promised them to the owner, this does not convert them into immovable property.


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