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PRESIDENTIAL DECREE NO. 1417
PRESIDENTIAL DECREE NO. 1417 -
FURTHER AMENDING Section 198 OF THE REVISED ADMINISTRATIVE CODE AS
AMENDED BY REPUBLIC ACT NOS. 116 AND 2711, BY INCREASING THE FEES
COLLECTIBLE IN CONNECTION WITH REGISTRATION OF CHATTEL MORTGAGES
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WHEREAS,
there has been an unprecedented increase in the cost of equipment,
materials and supplies used by the Land Registration Commission;chanroblesvirtualawlibrary
WHEREAS, it is in consonance with sound fiscal policy that the
registration fees collectible by the Land Registration Commission
through its registries of deeds be adjusted accordingly. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree and order:cralaw:red
Section 1. Section 198 of the Revised Administrative
Code, as amended by Republic Act Nos. 116 and 2711, is hereby further
amended to read as follows:cralaw:red
"Sec. 198. Registration of chattel mortgages and fees
collectible in connection therewith. — Every register of deeds shall
keep a primary entry book and a registration book for chattel
mortgages; shall certify on each mortgage filed for record, as well as
on its duplicate, the date, hour, and minute when the same was by him
received; and shall record in such books any chattel mortgage,
assignment, or discharge thereof, and any other instruments relating to
a recorded mortgage, and all such instruments shall be presented to him
in duplicate the original to be filed and the duplicate to be returned
to the person concerned.
The recording of a mortgage shall be effected by making an entry, which
shall be given a correlative number, setting forth the names of the
mortgages and the mortgagor, the sum or obligation guaranteed, date of
the instrument, name of the notary before whom it was sworn to or
acknowledged, and a note that the property mortgaged, as well as the
terms and conditions of the mortgage, is mentioned in detail in the
instrument filed, giving the proper file number thereof. The recording
of other instruments relating to a recorded mortgage shall be effected
by way of annotations on the space provided therefor in the
registration book, after the same shall have been entered in the
primary entry book. chanroblesvirtualawlibrary
The register of deeds shall also certify the officer's return of sale
upon any mortgage, making reference upon the record of such officer's
return to the volume and page of the record of the mortgage, and a
reference of such return on the record of the mortgage itself, and give
a certified copy thereof, when requested, upon payment of the lawful
fees for such copy; and certify upon each mortgage officer's return of
sale or discharge of mortgage, and upon any other instrument relating
to such a recorded mortgage, both on the original and on the duplicate,
the date, hour and minute when the same is received for record and
record such certificate with the return itself and keep an alphabetical
index or mortgagors and mortgagees, which record and index shall be
open to public inspection. chanroblesvirtualawlibrary
Duly certified copies of such records and of filed instruments shall be
receivable as evidence in any court.
The register of deeds shall collect the following fees for services
rendered by him under this section:cralaw:red
(a) For entry or presentation of any document in the
primary entry book, five pesos. Supporting papers presented together
with the principal document need not be charged any entry or
presentation fee unless the party in interest desires that they be
likewise entered.
(b) For filing and recording each chattel mortgage,
including the necessary certificates and affidavits, the fees
established in the following schedule shall be collected: chanroblesvirtualawlibrary
"1. When the amount of the mortgage does not exceed
six thousand pesos, seven pesos for the first five hundred pesos or
fractional part thereof, and three pesos for each additional five
hundred pesos or fractional part thereof.
"2. When the amount of the mortgage is more than six
thousand pesos but does not exceed thirty thousand pesos, forty-eight
pesos for the initial amount not exceeding eight thousand pesos, and
eight pesos for each additional two thousand pesos or fractional part
thereof.
"3. When the amount of the mortgage is more than
thirty thousand pesos but does not exceed one hundred thousand pesos,
one hundred fifty pesos for initial amount not exceeding thirty-five
thousand pesos, and fourteen pesos for each additional five thousand
pesos or fractional part thereof.
"4. When the amount of the mortgage is more than one
hundred thousand pesos but does not exceed five hundred thousand pesos,
three hundred fifty-two pesos for the initial amount not exceeding one
hundred ten thousand pesos and twenty pesos for each additional ten
thousand pesos or fractional part thereof.
"5. When the amount of the mortgage is more than five
hundred thousand pesos, one thousand one hundred sixty-two pesos for
the initial amount not exceeding five hundred twenty thousand pesos,
and thirty pesos for each additional twenty thousand pesos or
fractional part thereof: Provided, however, That registration of the
mortgage in the province where the property is situated shall be
sufficient registration: And provided, further, That if the mortgage is
to be registered in more than one city or province, the register of
deeds of the city or province where the instrument is first presented
for registration shall collect the full amount of the fees due in
accordance with the schedule prescribed above, and the register of
deeds of the other city or province where the same instrument is also
to be registered shall collect only a sum equivalent to twenty per
centum of the amount of fees due and paid in the first city or
province, but in no case shall the fees payable in any registry be less
than the minimum fixed in this schedule.
"(c) For recording each instrument of sale,
conveyance, or transfer of the property which is subject of a recorded
mortgage, or of the assignment of mortgage credit, the fees established
in the preceding schedule shall be collected on the basis of ten per
centum of the amount of the mortgage or unpaid balance thereof:
Provided, That the latter is stated in the instrument. chanroblesvirtualawlibrary
"(d) For recording each notice of attachment,
including the necessary index and annotations, eight pesos.
"(e) For recording each release of mortgage,
including the necessary index and reference, the fees established in
the schedule under paragraph (b) above shall be collected on the basis
of five per centum of the amount of the mortgage.
"(f) For recording each release of attachment,
including the proper annotations, five pesos.
"(g) For recording each sheriff's return of sale,
including the index and reference, seven pesos.
"(h) For recording a power of attorney, appointment
of judicial guardian, administrator, or trustee, or any other
instrument in which a person is given power to act in behalf of another
in connection with a mortgage, ten pesos.
"(i) For recording each instrument or order relating
to a recorded mortgage, including the necessary index and reference,
for which no specific fee is provided above five pesos.
"(j) For certified copies of records, such fees as
are allowed by law for copies kept by the register of deeds.
"(k) For issuing a certificate relative to, or
showing the existence or non-existence of, and entry in the
registration book, or a document on file, for each such certificate
containing not more than two hundred words, five pesos; if it exceeds
that number, an additional fee of one peso shall collected for every
one hundred words or fractional part thereof, in excess of the first
two hundred words.
"(l) For services rendered in attending to requests
for references to, or researches on any document on file in the
registry, there shall be collected a fee of two pesos per document."
Section 2. This decree shall take effect upon its
approval.
Done in the City of Manila,
this 9th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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