Section 1.
Subsection "C" of section one hundred and fourteen of Act Numbered Four
hundred and ninety-six, entitled "The Land Registration Act", as
amended by Republic Act Numbered One hundred and seventeen, is hereby
further amended to read as follows:
"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:
"1. For the entry of one original certificate of
title, and issuing one owner's duplicate certificate, eight pesos for
the first parcel of land described thereon, and one peso for each
additional parcel: Provided, however, That in case of 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 current assessed value of the lots included therein does not
exceed seven 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, one
peso.
"3. For the annotation of an attachment levy, writ of
execution, or adverse claim, three pesos for the first parcel of land
affected thereby, and two pesos for each additional parcel. If the
total assessed value of the land and improvements exceeds six thousand
pesos, there shall be collected an additional fee equivalent to ten per
centum of the fees under paragraph sixteen of this subsection computed
on the basis of said assessed value.
"4. For the annotation of a notice lis pendens, or of
any document or order in connection therewith, for each parcel of land
affected thereby, two pesos.
"5. For the annotation of a release of any
encumbrance, except mortgage, lease, or other lien for the cancellation
of which a specific fee is prescribed herein, for each parcel of land
so released, two pesos; but the total amount of fees to be collected
shall not exceed the amount of fees paid for the registration of such
encumbrance.
"6. For the annotation of an order of the court for
the amendment of, or the making of a memorandum on, a certificate of
title, except inclusion of buildings or improvements, or any order
directing the registration of a document, or of any right or interest
referred to in said order, or the cancellation of a certificate of
title and/or the issuance of a new one, two pesos for each certificate
of title on which the annotation is made, in addition to the fees
prescribed under paragraph sixteen or seventeen, as the case may be, of
this subsection, if the same are also due for the registration of such
document, right or interest.
"7. For the annotation of an order of the court for
the inclusion of buildings and/or improvements in a certificate of
title, five 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 to be
collected shall be based on the value of such buildings and
improvements in accordance with the schedule prescribed under paragraph
sixteen or seventeen, as the case may be, of this subsection.
"8. For the registering and filing a power of
attorney, letters of administration or letters testamentary whether or
not accompanied by a copy of the testament, certificate of allowance of
a will with attested copy of the will annexed, 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,
seven pesos; and for the annotation of such papers on certificates of
title when required by existing laws or regulations, one peso and fifty
centavos for each certificate of title so annotated: Provided, however,
That when the certificate of allowance of a will and the letters
testamentary or letters of administration are filed together, only one
fee shall be collected. For registering and filing an instrument of
revocation of any of the papers mentioned above, two pesos; and if
annotated on the corresponding certificate of title, one peso and fifty
centavos for each certificate of title.
"9. For the annotation of a notice of tax lien of 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.
"10. For the transferring the memorandum of an
encumbrance of any kind from one certificate of title which is
cancelled to a new one in lieu thereof in the name of a new owner, for
each memorandum thus transferred, one peso.
"11. For any memorandum made in a standing
co-owner's, mortgagee's, or lessee's copy of a certificate of title
after a similar memorandum has been made in the original thereof, for
each such certificate of title, 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, two pesos.
"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, eight pesos. If the certificate covers
more than one parcel or lot, an additional fee of one peso and fifty
centavos 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, three pesos, in addition to the fees
hereinafter prescribed in paragraph sixteen or seventeen, as the case
may be, of this subsection, if the same are also due. If the
certificate covers more than one parcel or lot, an additional fee of
one peso and fifty centavos shall be collected for each additional
parcel or lot.
"15. For the issuance of a new owner's duplicate or a
co-owner's, mortgagee's or lessee's copy of a certificate of title, or
any additional duplicate or copy thereof, three pesos for the first
page and one peso for each subsequent page, or fraction thereof.
"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, sheriff's sale at public
auction, sale for nonpayment of taxes, 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; option to purchase or promise to sell; 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; the assignment, enlargement, extension or novation of a
mortgage or of any other real right, or a release of mortgage,
termination of lease, or consolidation of ownership over a property
sold with pacto de retro; where no specific fee is prescribed therefor
in the preceding paragraphs, the fees shall be with the following
schedule:
"(a) When the value of the consideration does not
exceed six thousand pesos, three pesos and fifty centavos for the first
five hundred pesos, or fractional part thereof, and one peso and fifty
centavos for each additional five hundred pesos, or fractional part
thereof.
"(b) When the value of the consideration is more than
six thousand pesos but does not exceed thirty thousand pesos,
twenty-four pesos for the first eight thousand pesos, or fractional
part thereof, and four pesos for each additional two thousand pesos, or
fractional part thereof.
"(c) When the value of the consideration is more than
thirty pesos but does not exceed one hundred thousand pesos,
seventy-five pesos for the first thirty-five thousand pesos, or
fractional part thereof, and seven 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 not exceed five hundred thousand pesos,
one hundred seventy-six pesos for the first one hundred ten thousand
pesos, or fractional part thereof, and ten pesos for each additional
ten thousand pesos, or fractional part thereof.
"(e) When the value of the consideration is more than
five hundred thousand pesos, five hundred eighty-one pesos for the
first five hundred twenty thousand pesos, or fractional part thereof,
and fifteen pesos for each additional twenty thousand pesos, or
fractional part thereof.
"17. In the following transactions, however, the
basis of the fees collectible under paragraph sixteen of this
subsection, whether or not the value of the consideration is stated in
the instrument, 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 current assessed value
of the properties acquired by one party from the other, in addition to
the value of any consideration, if any, stated in the contract.
"(b) In the transmission of an heredity estate
without partition or subdivision of the property among the heirs,
devisees, or legatees, although with specification of the share of each
in the value of the estate, the basis shall be the total current
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 current
assessed value of the properties thus adjudicated to each person or
group. In the case, however, of conjugal property, the basis of the
fees for the registration of one-half thereof in the name of the
surviving spouse shall be an amount equal to ten per centum of the
total current assessed value of the properties adjudicated to said
spouse.
"(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 or group of co-owners shall be the total assessed value
of the property taken by each co-owner or group.
"(e) In the sale, conveyance or transfer of two or
more parcels of land in favor of two more 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 the sale, conveyance, or transfer of
properties situated in different cities or provinces, the basis of the
fees in each registry of deeds where the instrument is to be registered
shall be the total selling price of the properties situated in the
respective city or province, or, in the case of a lump sum
consideration, such portion thereof as obtained for those properties
lying within the jurisdiction of the respective registry after
apportioning the total consideration of the sale, conveyance or
transfer in accordance with the current assessed values of such
properties.
"(g) In the sale, conveyance, or transfer of a
mortgaged property, the basis shall be the selling price of the
property proper plus the full amount of the mortgage, or the unpaid
balance thereof if the latter is stated in the instrument. If the
properties are situated in different cities or provinces, the basis of
the fees in each registry of deeds where the instrument is to be
registered shall be such sum as obtained for the properties situated in
the in the respective city or province after apportioning in accordance
with the current assessed values of said properties the total amount of
consideration as above computed, unless the selling price of the
properties in each city or province and the proportionate share thereof
in the amount or unpaid balance of the mortgage are stated in the
instrument, in which case the aggregate of such selling price and share
shall be the basis. In any case, however, where the aggregate value of
the consideration as above computed shall be less than the current
assessed value of the properties in the city or province concerned,
such assessed value shall be the basis of the fees in the respective
registry.
"(h) In the mortgage affecting properties situated in
different cities or provinces, the basis of the fees in each registry
of deeds where the document is to be registered shall be such amount as
obtained for the properties lying within the jurisdiction of said
registry after apportioning the total amount of the mortgage in
accordance with the current assessed value of such properties.
"(i) In the release of a mortgage the basis of the
fees shall be an amount equal to ten per centum of the total amount of
obligation secured by the mortgage. If the properties are situated in
different cities or provinces, the basis of the fees in each registry
shall be ten per centum of such sum as obtained for the properties in
the respective city or province after apportioning the amount of the
mortgage in accordance with the current assessed values of such
properties. In the case of a partial release, the fees shall be based
on ten per centum of the current assessed value of the property so
released in the respective city or province: Provided, however, That
where several partial releases had been registered, the fees
corresponding to the final release shall be computed on the basis of
ten per centum of the difference between the amount of the mortgage and
the aggregate of the considerations used as basis for the collection of
the fees paid for the registration of all previous partial
releases.
"(j) In a certificate of sale at public auction by
virtue of an order or execution, or sale for delinquency in the payment
of taxes, or repurchase of the property so sold, the basis of the fees
in each registry shall be ten per centum of the selling or repurchase
price of the property lying within the jurisdiction of the registry.
"(k) In an affidavit for the consolidation of
ownership over a property sold with pacto de retro or pursuant to an
extrajudicial foreclosure under the provisions of Act Numbered
Thirty-one hundred and thirty-five as amended, the basis of the fees in
each registry shall be an amount equivalent to ten per centum of the
consideration of the sale in the respective city or province.
"(l) In contracts of lease, the basis of the fees in
each registry shall be the sum total to be paid by the lessee for the
properties situated in the respective city or province 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 of rentals
due for thirty months. If the rentals are not distributed, the total
amount thereof as above computed shall be apportioned to said
properties in accordance with their assessed values, and the
proportionate sum thus obtained for each city or province shall be the
basis of the fees to be collected in the registry concerned.
"(m) In the termination of a lease, the basis of the
fees in each registry shall be ten per centum of the amount used as
basis for the collection of the fees paid for the registration of said
lease.
"(n) In contracts of option to purchase or promise to
sell, the basis of the fees in each registry shall be five per centum
of the current assessed value of the property subject of such contract
in the respective city or province.
"(o) In other transactions where the actual value of
the consideration is not fixed in the contract or can not be determined
from the terms thereof, or, in case of a sale, conveyance, or transfer,
the consideration stated is less than the current assessed value of the
property, the basis of the fees shall be the current assessed value of
the property involved in the transaction. If the properties are
situated in different cities or provinces, the basis of the fees in
each registry shall be the assessed value of the properties lying
within the jurisdiction of the registry concerned.
"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 certification, one peso.
"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 such certificate containing not
more than two hundred words, three pesos; if it exceeds that number an
additional fee of fifty centavos shall be collected for every one
hundred words, or fraction thereof, in excess of the first two hundred
words."
Sec. 2. This Act shall take effect upon its
approval.
Approved: June 20, 1953
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