Sibal v. Valdez

PROPERTY LAW

Sibal v. Valdez

G.R. No. L-26278, August 4, 1927

Facts:

The deputy sheriff of Tarlac attached and sold to Valdez the sugarcane planted by the plaintiff. The plaintiff asked for the redemption of sugarcane. Valdez said that it cannot be subject to redemption because it is a personal property.

Issue:

Whether or not the sugarcane in question is a personal property.

Ruling:

Sugarcane is under real property as ungathered products. The Supreme Court of Louisiana provided that standing crops are considered as part of the land to which they are attached but the immovability provided for is only one in abstract. The existence of a right on the growing crop is mobilization by anticipation, a gathering as it were in advance, rendering the crop movable and the right acquired therin.

Supreme Court lowered the award for damage to the defendant to P8,900.80 by acknowledging the fact that some of the sugarcane were owned by the petitioner and by reducing the calculated expected yield profit that defendant would have made if the petitioner did not judicially prevent him from planting and harvesting.