No, the action will not prosper. The essence of a mortgage is that it immediately subjects the property upon which it is imposed, and whoever the…

The question

No, the action will not prosper. The essence of a mortgage is that it immediately subjects the property upon which it is imposed, and whoever the possessor may be, to the fulfillment of the obligation for whose security it was constituted.5 There was no voluntary easement in this case because at the time the water pumps were constructed, the subject lot where the water pumps were constructed and the condominium belong to the same person. No one can have an easement over his own property. (Bogo- Medellin vs. CA G.R. 124699, July 31, 2003.) Even of the assumption that an easement was created in favor of FMI that alone will not defeat the right of the mortgagee to enforce the security if the debtor defaults. XVI. A congregation for religious women, by way of commodatum, is using the real property owned and registered in the name of Spouses Manuel as a retreat house. Maria, a helper of the congregation discovered a chest in the backyard. When she opened the chest, it contained several pieces of jewelry and money.

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