Standard Oil Co. v. Jaramillo (Standard Oil Co. v. Jaramillo, G.R. No.

L-20329, March 16, 1923)

DOCTRINE: Property - the Civil Code does not delineate between personal and real property the application of the
Chattel Mortgage Law.

FACTS: Gervasia de la Rosa was the owner of a parcel of land with a house of strong materials in Manila City who
executed a contract of chattel mortgage to Petitioner as the lessee of the property. The defendant Joaquin
Jaramillo was then Register of Deeds in Manila City.

The Petitioner submitted the contract bto Jaramillo for recording with the Record of Chattel Mortgages but the
defendant refused. The refusal of the defendant was premised on the opinion that it was not a chattel mortgage
within the meaning of the Chattel Mortgage Law.

ISSUES:
1. Is the Defendant correct in his determination of the property as personal or real property according to the
Chattel Mortgage Law?
2. Is the Defendant correct in refusing recording the instrument as a chattel mortgage?

RULING:
1. No. No provision of law can be cited which confers upon him any judicial or quasi-judicial power to determine
the nature of any document of which registration is sought as a chattel mortgage. A register of deeds can have no
authority to pass upon the character of the property sought to be encumbered by a chattel mortgage.

2. No. The duties of a register of deeds in respect to the registration of chattel mortgage are of a purely ministerial
character.

The Civil Code supplies no absolute criterion for discriminating between real property and personal property for
the purpose of the application of the Chattel Mortgage Law. The parties to a contract may by agreement treat as
personal property that which by nature would be real property; and it is a familiar phenomenon to see things
classed as real property for purposes of taxation which on general principle might be considered personal
property.

DISPOSITIVE: The demurrer (of the respondent) is overruled; and unless within the period of five days from the
date of the notification hereof, the respondent shall interpose a sufficient answer to the petition, the writ of
mandamus will be issued, as prayed (by the petitioners), but without costs.