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Serg's Products and Sergio Goquiolay vs PCI Leasing and Finance

SERG'S PRODUCTS, INC., and SERGIO T. GOQUIOLAY, petitioners, vs. PCI LEASING AND FINANCE, INC., respondent.

G.R. No. 137705 | 2000-08-22

D E C I S I O N

PANGANIBAN, J.:

After agreeing to a contract stipulating that a real or immovable property be considered as personal or movable, a party is estopped from subsequently claiming otherwise. Hence, such property is a proper subject of a writ of replevin obtained by the other contracting party.

The Case

Before us is a Petition for Review on Certiorari assailing the January 6, 1999 Decision1 [Rollo, pp. 177-180.] of the Court of Appeals (CA)2 [Penned by Justice Romeo A. Brawner (Division acting chairman), with the concurrence of Justices Eloy R. Bello Jr. and Martin S. Villarama Jr.] in CA-GR SP No. 47332 and its February 26,...