Case Summary (G.R. No. 200667)
Procedural History
Evangelista initiated an action on June 13, 1953, to confirm his title and obtain possession, naming both Rivera and Alto Surety & Insurance Co., Inc. as defendants. The trial court ruled for Evangelista, ordering delivery of the house and awarding damages. On appeal, the Court of Appeals reversed, holding that the house was personal property, that Evangelista’s attachment was improperly levied, and that respondent’s earlier sale conferred superior title. Evangelista then sought certiorari before the Supreme Court.
Legal Issue
Whether a house constructed by a lessee on leased land is immovable property for purposes of attachment and execution, thus giving a properly recorded attachment priority over a subsequent execution sale.
Characterization of the House as Immovable Property
The Supreme Court affirmed that a building permanently affixed to land, even if erected by a lessee, is immovable property. Citing precedents (Laddera v. Hodges; Leung Yee v. Strong Machinery Co.; Manarang v. Ofilada), the Court held that official attachment and execution procedures must follow the form appropriate to immovable property, not the chattel-mortgage conception between contracting parties.
Validity of Evangelista’s Attachment
Because the house is immovable, Rule 59, Section 7(a) required filing the order and notice with the Register of Deeds and serving the occupant. Although the Court of Appeals found no service on Rivera, the Supreme Court noted that Rivera and respondent had implicitly admitted valid attachment and sale in their pleadings and conduct, and no evidence was offered to show defective service. Accordingly, the Court of Appeals’ finding of non
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Facts of the Case
- On June 4, 1949, Santos Evangelista (petitioner) filed Civil Case No. 8235 in the Court of First Instance of Manila against Ricardo Rivera for a sum of money.
- The same day, petitioner secured a writ of attachment which was levied upon a house built by Rivera on leased land in Manila.
- On June 8, 1949, copies of the writ and corresponding notice of attachment were filed with the Office of the Register of Deeds of Manila.
- Judgment was rendered in favor of Evangelista, and on October 8, 1951, he purchased the house at a public auction pursuant to the writ of execution.
- A definite deed of sale in favor of Evangelista was issued on October 22, 1952, following expiration of the redemption period.
Respondent’s Competing Claim
- When Evangelista sought possession, Rivera refused, asserting he had leased the property from Alto Surety & Insurance Co., Inc. (respondent).
- Respondent had itself purchased the same house at a prior auction held September 29, 1950, under Civil Case No. 6268 (“Alto Surety & Insurance Co., Inc. vs. Maximo Quiambao, Rosario Guevara and Ricardo Rivera”).
- A definite deed of sale was issued to respondent on May 10, 1952, as the highest bidder in that execution sale.
Procedural History
- On June 13, 1953, Evangelista sued respondent and Rivera to establish his title, secure possession, and recover damages.
- The Court of First Instance ruled for Evangelista, ordering delivery of the house and awarding P40.00 per month from October 1952 until delivery, plus costs