Pedro is the registered owner of a parcel of land situated in Malolos, Bulacan. In 1973, he mortgaged the land to the Philippine National Bank (PNB) to secure a loan of P100,000.00. For Pedro's failure to pay the loan, the PNB foreclosed on the mortgage in 1980, and the land was sold at public auction to PNB for being the highest bidder. PNB secured title thereto in 1987.
In the meanwhile, Pedro, who was still in possession of the land, constructed a warehouse on the property. In 1986, the PNB sold the land to Pablo. The Deed of Sale was amended in 1989 to include the warehouse.
Pedro, claiming ownership of the warehouse, files a complaint to annul the amended Deed of Sale before the Regional Trial Court of Quezon City, where he resides, against both the PNB and Pablo. The PNB filed a motion to dismiss the complaint for improper venue contending that the warehouse is real property under Article 415(1) of the Civil Code and therefore the action should have instead been filed in Malolos. Bulacan. Pedro claims otherwise. The question arose as to whether the warehouse should be considered as real or as personal property.
If consulted, what would your legal advice be?
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