STANDARD OIL CO. OF NEW YORK V. JARAMILLO
44 SCRA 630
De la Rosa was the lessee of a piece of land, on which a house she owns was built. She executed a chattel mortgage in favor of the petitioner—purporting the leasehold interest in the land and the ownership of house.
After such, the petitioner moved for its registration with the Register of Deeds, for the purpose of having the same recorded in the book of record of chattel mortgages. After examination, the respondent was in the opinion that the properties were not subjects of a chattel mortgage.
Position taken by the respondent is untenable. His duties are mainly ministerial only in nature and no law confers upon him any judicial or quasi-judicial power. Generally, he should accept the qualification of the property adopted by the person who presents the instrument for
registration and should place the instrument on record, upon payment of the proper fee, leaving the effects of registration to be determined by the court if such question should arise for legal determination.
The Civil Code supplies no absolute criterion in discriminating between real property and personal property for purposes of the application of the Chattel Mortgage Law. The articles state general doctrines, nonetheless, it must not be forgotten that under given conditions, property may have
character different from that imputed to it in the said articles. It is undeniable that the parties in a contract may by agreement treat as personal property that which by nature would be real property.