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Ungathered fruits as personal property
« on: November 14, 2019, 01:19:02 PM »
Ungathered fruits
■ when the land is being leased by another, and the fruits belong to the tenant, the fruits may be considered as immovable because no exception or qualification is made under the Civil Code.
■ However, when the fruits although ungathered are sold, as when the entire harvest is sold before being actually gathered, it is considered as a sale of movables.
■ In the case of Sibal vs Valdez, 50 Phil 512, the Supreme Court held that for purposes of attachment and execution, and for purposes of the Chattel Mortgage Law, ungathered products have the nature of personal property. (mobilized by anticipation -- when the crops are sold, it is understood that they are to be gathered)

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