Standard Oil Co.of New York vs.. Jaramillo
by This is a case digest of a decision of the Supreme Court of the Philippines.
Standard Oil Co.of New York vs.. Jaramillo
44 Phil 630 (GR No. L-20329)
March 16, 1923
J. Street
FACTS
Gervasia dela Rosa Vda. de Vera owns a house of strong materials built on a parcel of land which she leased situtated in the City of Manila.
On November 27, 1922 she executed a document in a form of chattel mortgage, intending to convey to Standard Oil Co. of New York both the leasehold interest in said lot and the building which stands thereon.
After the document have been acknowledge and delivered, Gervasia Vda. de Vera presented it to Joaquin Jaramillo, as register of deeds of the City of Manila for the purpose of having it recorded as a chattel mortgage in book of records. Upon examination of the instrument, Joaquin Jaramillo was of the opinion that it was not a chattel mortgage, because the interest (object) did not appear to be a personal property under the Chattel Mortgage Law and he refuse registration of the instrument.
ISSUE
- Whether or not non registration would invalidate the Chattel Mortgage.
- Whether or not the register of deeds has the power to determine the nature of the properties to be registered.
(1) The efficacy of the act of recording a chattel mortgage consist in the fact that it operates as constructive notice of the existence of the contract and the legal effects of the contract must be discovered in the instrument itself in relation with the fact of notice. Registration adds nothing to the instrument, considered as a source of title, and affects nobody’s rights as a species of notice.
(2) The duties of a register of deeds in registration of chattel mortgage are purely of a ministeria character, and he is clothed with no judicial or quasi-judicial power to determine the nature of the property whether real or personal which is the subject of the mortgage. Generally speaking, he should accept the qualification of the property adopted by the person who presents the instrument for registration and should place the instrument of record, upon payment of the proper fee, leaving the effects of registration to be determined by the court of such question should arise for legal determination.
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