TUMALAD V.

VICENCIO
41 SCRA 143

FACTS: Vicencio and Simeon executed a chattel mortgage in favor

of plaintiffs Tumalad over their house, which was being rented by
Madrigal and company. This was executed to guarantee a loan,
payable in one year with a 12% per annum interest. The mortgage
was extrajudicially foreclosed upon failure to pay the loan. The house
was sold at a public auction and the plaintiffs were the highest bidder.
A corresponding certificate of sale was issued. Thereafter, the
plaintiffs filed an action for ejectment against the defendants, praying
that the latter vacate the house as they were the proper owners.

ISSUE: WHETHER OR NOT THE SUBJECT MATTER OF THE MORTGAGE, A

HOUSE OF STRONG MATERIALS, BE THE OBKECT OF A CHATTEL
MORTGAGE?

HELD: Certain deviations have been allowed from the general

doctrine that buildings are immovable property such as when through
stipulation, parties may agree to treat as personal property those
by their nature would be real property. This is partly based on the
principle of estoppel wherein the principle is predicated on statements
by the owner declaring his house as chattel, a conduct that may
conceivably stop him from subsequently claiming otherwise.

In the case at bar, though there be no specific statement referring to

the subject house as personal property, yet by ceding, selling or
transferring a property through chattel mortgage could only have
meant that defendant conveys the house as chattel, or at least,
intended to treat the same as
such, so that they should not now be allowed to make an
inconsistent stand by claiming otherwise.