The Supreme Court ruled that real properties were not seized under the disputed warrants. While the printing machines and equipment were bolted to the ground on premises owned by others, they remained movable property as the petitioners did not own the land or buildings. Prior jurisprudence established that machinery becomes immobilized only when placed by the owner of the tenement for use in an industry on the land, not when placed by temporary occupants like tenants. Therefore, the items seized were lawfully removable under the search warrants.
The Supreme Court ruled that real properties were not seized under the disputed warrants. While the printing machines and equipment were bolted to the ground on premises owned by others, they remained movable property as the petitioners did not own the land or buildings. Prior jurisprudence established that machinery becomes immobilized only when placed by the owner of the tenement for use in an industry on the land, not when placed by temporary occupants like tenants. Therefore, the items seized were lawfully removable under the search warrants.
The Supreme Court ruled that real properties were not seized under the disputed warrants. While the printing machines and equipment were bolted to the ground on premises owned by others, they remained movable property as the petitioners did not own the land or buildings. Prior jurisprudence established that machinery becomes immobilized only when placed by the owner of the tenement for use in an industry on the land, not when placed by temporary occupants like tenants. Therefore, the items seized were lawfully removable under the search warrants.
G.R. No. 64261, December 26, 1984, 133 SCRA 800 Escolin, J. FACTS: On December 7, 1982, two search warrants where issued and the premises at 19, Road 3, Project 6, Quezon City, and 784 Units C & D, RMS Building, Quezon Avenue, Quezon City, business addresses of the "Metropolitan Mail" and "We Forum" newspapers were searched. Office and printing machines, equipment, paraphernalia, motor vehicles and other articles used in the printing, publication and distribution of the said newspapers, as well as numerous papers, documents, books and other written literature alleged to be in the possession and control of Jose Burgos, Jr. publisher-editor of the "We Forum" newspaper, were seized. ISSUE: Whether or not real properties were seized under the disputed warrants. HELD: No. Under Article 415 (5) of the Civil Code, "machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land and which tend directly to meet the needs of the said industry or works" are considered immovable property. In Davao Sawmill Co. v. Castillo, it was said that machinery which is movable by nature becomes immobilized when placed by the owner of the tenement, property or plant, but not so when placed by a tenant, usufructuary, or any other person having only a temporary right, unless such person acted as the agent of the owner. In the present case, petitioners do not claim to be the owners of the land and/or building on which the machineries were placed. The machineries, while in fact bolted to the ground, remain movable property susceptible to seizure under a search warrant.