Section 1. Sec. one
hundred and fourteen of Act Numbered Four hundred and ninety-six,
entitled "The Land Registration Act,"
as amended, is hereby further amended to read as follows:
"Sec.
114. Fees payable under this Act shall be as follows:
A.
Fees payable to the Clerk of Court. — The fees payable to the clerk of
court or his deputies shall be as follows:
1.
For filing an application for the registration of land, the fees shall
be based on the assessed value of the property for the current year, in
accordance with the following schedule —
(a)
When the value of the property does not exceed two thousand pesos,
fifteen pesos for the first five hundred pesos, or fractional part
thereof, and five pesos for each additional five hundred pesos, or
fractional part thereof.
(b) When the
value of the property is more than two thousand pesos but does not
exceed ten thousand pesos, thirty-five pesos for the first three
thousand pesos, or fractional part thereof, and five pesos for each
additional one thousand pesos, or fractional part thereof.
(c) When the
value of the property is more than ten thousand pesos but does not
exceed one hundred thousand pesos, eighty pesos for the first twenty
thousand pesos, or fractional part thereof, and ten pesos for each
additional ten thousand pesos, or fractional part thereof.
(d) When the
value of the property is more than one hundred thousand pesos but does
not exceed five hundred thousand pesos, one hundred eighty pesos for
the first one hundred twenty-five thousand pesos, or fractional part
thereof, and twenty pesos for each additional twenty-five thousand
pesos, or fractional part thereof. chan
robles virtual law library
(e) When the
value of the property is more than five hundred thousand pesos, five
hundred twenty pesos for the first five hundred fifty thousand pesos,
or fractional part thereof, and forty pesos for each additional fifty
thousand pesos, or fractional part thereof. chan
robles virtual law library
If the property has not been
assessed for taxation, the fees above prescribed shall be based on the
current market value, and the applicant shall file with his application
a sworn declaration of three disinterested persons that the value fixed
by him is to their knowledge a fair valuation.
2. For filing
a petition for review of decree, or other claim adverse to the
registered owner, for each petition, six pesos.
3. For filing
a petition after the decision has become final, three pesos. If it
affects land decreed in more than one case, for each additional case,
one peso. If it affects several lots or parcels of land in which the
petitioners have no common interests, each of such petitioners shall
pay the corresponding fees as if separate petition has been filed by
him. chan
robles virtual law library
B. Fees
payable to the Sheriff. — The sheriff shall collect fees for his
services rendered in connection with land registration and cadastral
proceedings as follows:
1.
For posting notice of initial hearing of land registration cases in
conspicuous places on the lands described in the notice, for each
parcel of land on which a copy of such notice is posted, besides travel
fees, three pesos.
2. For posting
notices of initial hearing of cadastral cases in conspicuous places on
the lands included in the survey, for each group of one hundred lots on
which a copy of the notice is posted, besides travel fees, three pesos.
3. For posting
one copy of a notice of initial hearing in a conspicuous place upon the
chief municipal building of the city, municipality, or municipal
district in which the land or portion thereof lies, besides travel
fees, two pesos.
4. For serving
notices upon cadastral claimants to appear before the court, travel
fees only as provided in the Rules of Court.
5. For all
other services not mentioned above, the same fees including travel fees
as provided in the Rules of Court for similar services.
C. Fees
payable to the Register of Deeds. — The register of deeds shall collect
fees for all services rendered by him under this Act in accordance with
the following schedule: chan
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1.
For the entry of one original certificate of title, and issuing one
duplicate certificate, six pesos for the first parcel of land described
thereon, and one peso for each additional parcel: Provided, however,
That in case certificates of title under the Cadastral Act, the fees
for entering one original certificate of title and issuing the owner's
duplicate thereof, when the total value of the lots included therein
does not exceed five hundred pesos, and irrespective of the number of
such lots, shall be one peso for every one hundred pesos, or fractional
part thereof.
2. For each
entry in the primary entry book, fifty centavos.
3. For the
annotation of an attachment or dissolution thereof, certificate of sale
at public auction by virtue of an order of execution, or repurchase of
the property so sold, for each parcel of land affected thereby, one
peso and fifty centavos.
4. For the
annotation of a notice of lis pendens, the cancellation thereof, or any
annotation in connection therewith, for each parcel of land affected
thereby, one peso and fifty centavos.
5. For the
annotation of an affidavit of consolidation of ownership over a
property sold with pacto de retro but not redeemed by the vendor within
the stipulated time, for each parcel of land affected thereby, one peso
and fifty centavos.
6. For the
annotation of a release of mortgage or other encumbrance, for each
parcel of land, one peso and fifty centavos; but the total amount of
fees to be collected shall not exceed the amount of fees paid for the
registration of such mortgage or encumbrance.
7. For the
annotation of an order of the court for the amendment of a certificate
of title, except inclusion of buildings and/or improvements, or any
other directing the registration of a document, one peso and fifty
centavos for each certificate of title, in addition to the fees
prescribed under paragraph sixteen or seventeen, as the case may be, of
this subSec., if the same are also due, for the registration of such
document. chan
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8. For the
annotation of an order of the court for the inclusion of buildings
and/or improvements in a certificate of title three pesos for each
certificate of title if the buildings or improvements belong to a
person other than the registered owner of the land. If they belong to
the same registered owner, the fees shall be based on the value of such
buildings and improvements in accordance with the schedule prescribed
under paragraphs sixteen or seventeen, as the case may be, of this
subSec..
9. For
registering and filing a power of attorney, letters of administration,
whether or not accompanied by a copy of testament, appointment of
guardian for a minor or incompetent person, appointment of receiver,
trustee, or administrator, articles of incorporation of any
corporation, association or partnership, or resolution of its board of
directors empowering an officer or member thereof to act in behalf of
the same five pesos; and for the annotation of such papers on
certificates of title when required by existing laws or regulations,
one peso for each certificate of title so annotated. For registering
and filing an instrument of revocation of any of said papers, one peso;
and if annotated on the corresponding certificate of title, one peso
for each certificate of title.
10. For the
annotation of a notice of tax lien or any description, notice of lost
duplicate or copy of a certificate of title, order of the court
declaring such duplicate or copy null and void, notice of change of
address, or the cancellation of any such annotation, for each
certificate of title, one peso.
11. For
transferring the memorandum of an encumbrance of any kind from one
certificate of title which is cancelled to a new one issued in lieu
thereof in the name of a new owner, one peso.
12. For any
memorandum made in a certificate of title for which no specific fee is
prescribed above, for each certificate of title, one peso and fifty
centavos. chan
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13. For the
issuance of a transfer certificate of title, including its duplicate,
to a trustee, executor, administrator, or receiver, or for the
cancellation of such certificate of title and issuance of a new one,
including its duplicate, to the cestui que trust, in case of
trusteeship, five pesos. If the certificate covers more than one parcel
or lot, an additional fee of one peso shall be collected for each
additional parcel or lot.
14. For the
issuance of a transfer certificate of title, including its duplicate,
to a person other than those named in the next preceding paragraph, two
pesos, in addition to the fees hereinafter prescribed in paragraph
sixteen or seventeen, as the case may be, of this subSec., if the same
are also due. If the certificate covers more than one parcel or lot, an
additional fee of one peso shall be collected for each additional
parcel or lot.
15. For the
issuance of a new or additional duplicate or copy of a certificate of
title, one peso for the first page and fifty centavos for each
subsequent page.
16. For the
registration of a deed of sale, conveyance, transfer, exchange,
partition, or donation; a deed of sale with pacto de retro, conditional
sale, or any sale subject to redemption, or the repurchase or
redemption of the property so sold; any instrument, order, judgment or
decree divesting the title of the registered owner except in favor of a
trustee, executor, administrator or receiver; any mortgage, surety,
bond, lease, easement, right-of-way, or other real right or lien
created or constituted by virtue of a distinct contract or agreement,
and not as an incidental condition of a sale, transfer or conveyance;
or the assignment, enlargement, extension or novation of a mortgage or
of any other real right, where no specific fee is prescribed therefor
in the preceding paragraphs, the fees shall be based on the value of
the consideration in accordance with the following schedule:
(a)
When the value of the consideration does not exceed six thousand pesos,
three pesos for the first five hundred pesos, or fractional part
thereof, and one peso for each additional five hundred pesos, or
fractional part thereof. chan
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(b) When the
value of the consideration is more than six thousand pesos but does not
exceed thirty thousand pesos, seventeen pesos for the first eight
thousand pesos, or fractional part thereof, and three pesos for each
additional two thousand pesos, or fractional part thereof.
(c) When the
value of the consideration is more than thirty thousand pesos but does
not exceed one hundred thousand pesos, fifty-five pesos for the first
thirty-five thousand pesos, or fractional part thereof, and five pesos
for each additional five thousand pesos, or fractional part thereof.
(d) When the
value of the consideration is more than one hundred thousand pesos but
does not exceed five hundred thousand pesos, one hundred twenty-seven
pesos for the first one hundred thousand pesos, or fractional part
thereof, and seven pesos for each additional ten thousand pesos, or
fractional part thereof. chan
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(e) When the
value of the consideration is more than five hundred thousand pesos,
four hundred ten pesos for the first five hundred twenty thousand
pesos, or fractional part thereof, and ten pesos for each additional
twenty thousand pesos, or fractional part thereof.
17. In the
following transactions, the basis of the fees collectible under
paragraph sixteen of this subsec., instead of the value of the
consideration, shall be as hereunder set forth:
(a)
In the exchange of real property the basis of the fees to be paid by
each party shall be the assessed value of the properties acquired by
one party from the other, in addition to the value of any other
consideration, if any, stated in the contract. chan
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(b) In the
transmission of a hereditary estate without partition or subdivision of
the property among the heirs, devisees, or legatees, the basis shall be
the total assessed value of the property thus transmitted.
(c) In the
partition of an hereditary estate which is still in the name of the
deceased, in which determinate properties are adjudicated to each heir,
devisee or legatee, or to each group of heirs, devisees or legatees,
the basis of the fees to be paid by each person or group, as the case
may be, shall be the total assessed value of the properties thus
adjudicated to each person or group. In the case, however, of conjugal
property, the registration of one-half thereof in the name of the
surviving spouse shall be exempt from the fees collectible under
paragraph sixteen of this subsec. chan
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(d) In the
partition of real property held in common by several registered
co-owners, the basis of the fees to be paid by each co-owner shall be
the total assessed value of the property taken by each co-owner.
(e) In the
sale, conveyance or transfer of two or more parcels of land in favor of
two or more separate parties but executed in one single instrument, the
basis shall be the total selling price paid by each party-buyer, or, in
the case of lump sum consideration, such portion thereof as apportioned
in accordance with the assessed value of the respective land acquired
by each party-buyer.
(f) In
contracts of lease, the basis shall be the sum total to be paid by the
lessee during the entire period specified in the contract, including
the extension contemplated by the parties which may be given effect
without the necessity of further registration. If the period is from
year to year, or otherwise not fixed, the basis shall be the total
amount or rentals due for twenty-four months. chan
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(g) In other
transactions where the actual value of the consideration is not fixed
in the contract or cannot be determined from the terms thereof, the
basis shall be the current assessed value of such property.
18. For
furnishing copies of any entry, decree, document, or other papers on
file, twenty centavos for each hundred words or fraction thereof
contained in the copies thus furnished.
19. For
certifying a copy furnished under the next preceding paragraph, for
each certificate, fifty centavos.
20. For
issuing a certificate relative to, or showing the existence or
non-existence of, an entry in the registration books or a document on
file, for each certificate containing not more than two hundred words,
two pesos; if it exceeds that number an additional fee of thirty
centavos shall be collected for every one hundred words in excess of
the first two hundred." chan
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Sec. 2. This
Act shall take effect upon its approval.
Approved: June 7, 1947.
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