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Philippine Refining Co. v.

Francisco Jarque
G.R. No. L-41506
March 25, 1935
Malcolm, J.

by: Paulo Jose Villarin Commented [FIR1]: Font: Garamond


Font size: 12

-please follow order:


Case Title (Bold letters, NOT all Caps)
Facts: Philippine Refining Co.(PRC) and Jarque executed three chattel mortgages on the motor vessels G.R. No. (observe how it was written) G-dot-R-dot-space-
Pandan and Zaragoza which were recorded in the Records of Transfer and Encumbrance in the Port of No-dot
Date (spell out month please)
Cebu. The first two mortgages did not have an Affidavit of Good Faith. A fourth mortgage was executed Ponente (no need to write “Ponente”, WRITE ONLY THE
by Jarque and Ramon Aboitiz over the motor ship Zaragoza and was entered into the Chattel mortgage NAME OF THE PONENTE
registration. leave one single space
name of student: please write “by” only then “:”, again bold
only, NOT all caps
Jose Curminas filed a petition praying that Francisco Jarque be declared insolvent; this was granted.
Commented [FIR2]: 3 single spaces before facts
Jarque’s properties were then assigned to Curminas. The problem arose when Judge Hontiveros declined to
foreclose the mortgage and instead ruled that they were defective, because they did not have Affidavits of
Good Faith.

Issue: Whether or not the Chattel Mortgage Law governs vessels.

Ruling: Yes. Personal property includes vessels, thus, they are subject to the provisions of the Chattel
Mortgage Law. The Chattel Mortgage Law provides that absence of an Affidavit of Good Faith makes the
mortgage unenforceable against the creditors and subsequent encumbrance.

The Court also noted that although vessels are personal property, they partake to a certain extent of
the nature and conditions of Real property because of their value and importance in the world of commerce. Commented [FIR3]: Facts = bold letters, NOT all caps.
leave one space(space sa keyboard) after colon

Leave one single space before every after one paragraph,


then indent for each new paragraph

Issue= bold letter, NOT all caps (spell out whether or not,
NOT “WON”)

leave one single space before Ruling

Ruling= bold letters, NOT all caps. same with facts. please
leave one space after the colon sign and one single space
before starting a new paragraph. Indent each new paragraph