Case Digest (G.R. No. 4373)
Facts:
- Samuel Bischoff filed a complaint against Compa ia de Tabacos.
- Bischoff claimed ownership of a steam sugar mill, portable boiler, tramway, and fifteen small cars located at Hacienda San Jose.
- Compa ia de Tabacos had obtained the appointment of a receiver for the property of Romana Ganzon, which included the aforementioned property.
- Despite Bischoff's demands, the defendants refused to return the property to him.
Issue:
- (Unlock)
Ruling:
- The improvements on the mortgaged property are included in the mortgage.
- The sale of the property does not rele...(Unlock)
Ratio:
- According to the Civil Code and Mortgage Law, improvements on a mortgaged property are included in the mortgage unless there is an express stipulation excluding them.
- In this case, the mortgage instrument did not exclude the machinery and tramway, and they were considered as included in the mortgage.
- The court cited Article 110 and 111 of the Mortgage Law and Article 1877 of the Civil Code to support its ruling.
- The rights of the mortgage creditor curtail...continue reading
Case Digest (G.R. No. 4373)
Facts:
The case of Bischoff v. Pomar involved Samuel Bischoff as the plaintiff-appellant and Juan D. Pomar and The Compa ia General de Tabacos de Filipinas as the defendants-appellees. The case was decided on February 2, 1909, by the En Banc of the Supreme Court of the Philippines. Samuel Bischoff claimed ownership of a steam sugar mill, a portable 8-horsepower boiler with its attachments, a complete tramway with rails and other fittings, and fifteen small cars. These items were located at the Hacienda San Jose in San Carlos, Occidental Negros. The defendant, Compa ia General de Tabacos, obtained a court order appointing Juan Pomar as a receiver for the property of Romana Ganzon, which included the items claimed by Bischoff. Despite Bischoff's demands, the defendants refused to return the property to him and continued to use it, causing Bischoff to suffer daily losses and damages amounting to P30.
Issue:
The main issue raised in the case was whether the improvements and fixtures on the Hacienda San Jose, including the machinery and tramway, were included in the mortgage executed by Romana Ganzon in favor of Lazaro Mota, which was later transferred to the Compa ia General de Tabacos. Bischoff argued that these items were excluded from the mortgage, while the defendants claimed that they were included.
Ruling:
The court ruled in favor of the defendants and held that the improvements and fixtures on the Hacienda San Jose, including the machinery and tramwa...