Question

Civil

A obtained a loan of PHP 2,000,000.00 from B, a private lender, to finance his trucking business. As security, A and B executed a written security agreement covering A's fleet of ten delivery trucks. The parties, however, did not register the security agreement with any government registry, and B did not take physical possession or control of the trucks. A continued using the trucks in his business. A subsequently defaulted on the loan. Around the same time, C, a judgment creditor of A who had obtained a writ of execution over A's properties, levied on the delivery trucks. B claimed priority over the trucks on the strength of the security agreement. Between B and C, whose claim to the trucks should prevail? (Bar 2026 Syllabus)

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