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PRESIDENTIAL DECREE NO. 1418
PRESIDENTIAL DECREE NO. 1418 -
FURTHER AMENDING Section 114 (C) OF ACT NO. 496, OTHERWISE KNOWN AS
"THE LAND REGISTRATION ACT", AS AMENDED BY REPUBLIC ACT NO. 928, BY
INCREASING THE FEES PAYABLE TO REGISTRIES OF DEEDS
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chanroblesvirtualawlibrary
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 vested in me by the Constitution, do hereby
decree and order:cralaw:red
Section 1. Section 114 (C) of Act 496, as amended by
Republic Act No. 928, is hereby further amended to read as follows:cralaw:red
"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:cralaw:red
"1. Original certificate of title. — For the entry of
one original certificate of title, and issuance of one owner's
duplicate certificate, ten pesos for the first parcel of land described
thereon and five pesos for each additional parcel.
"2. Entry fee. — For each entry in the primary entry
book, five pesos.
"3. Attachment, levy, etc. — For annotation of an
attachment, levy, writ of execution, adverse claim, five pesos for each
parcel of land affected thereby.
"4. Lis pendens, etc. — For annotation of a notice of
lis pendens, or of any document of order in connection therewith, for
each parcel of land affected thereby, five pesos. chanroblesvirtualawlibrary
"5. Release of encumbrance. — 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, five pesos; by the total amount of fees to
be collected shall not exceed the amount of fees paid for the
registration of such encumbrance.
"6. Court of Order. — 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 of
interest referred to in said order, or the cancellation of a
certificate of title and/or the issuance of a new one, ten 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. chanroblesvirtualawlibrary
"7. Building. — For the annotation of an order of the
court for the inclusion of buildings and/or improvements in a
certificate of title, ten pesos for each certificate of title.
"8. Powers of attorney, letters of administration,
appointment of guardian, resolution, or revocation thereof— For
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, twenty pesos; and for the
annotation of such papers on certificates of title when required by
existing laws or regulations, five pesos 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 an instrument of revocation of any of the papers mentioned
above, five pesos, and if annotated on the corresponding certificate of
title, three pesos for each certificate of title.
"9. Notice of tax lien, loss, etc. — 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 chance of
address, or the cancellation, of any such annotation, for each
certificate of title, five pesos.
"10. Carry-over of annotation. — For transferring the
memorandum of an encumbrance of any kind from one certificate of title
which is cancelled to a new one in lieu thereof, for each memorandum
thus transferred, five pesos.
"11. Annotation on additional copy of title. — 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, five pesos.
"12. No specific fee. — For any memorandum made in a
certificate of title for which no specific fee is prescribed above, for
each certificate of title five pesos.
"13. Transfer to trustee, executor, administrator,
receiver. — 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 cestiu que
trust, in case of trusteeship, ten pesos. If the certificate covers
more than one parcel or lot, an additional fee of five pesos shall be
collected for each additional parcel or lot.
"14. Transfer certificate of title. — For the
issuance of a transfer certificate of title, including its duplicate,
to a person other than those named in the next preceding paragraph, ten
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 five pesos shall be collected for each
additional parcel or lot.
"15. Additional copy of title. — For the issuance of
a new owner's duplicate or a co-owner's mortgagees or lessee's copy of
a certificate of title, or any additional duplicate or copy thereof,
ten pesos for the first page and five pesos for each subsequent page,
or fraction thereof.
"16. Registration fees. — For the registration of a
deed of sale, conveyance, transfer, exchange, partition, or donation; a
deed of sale with pacto de retro, a 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 based on the value of
the consideration in accordance with the following schedule:cralaw:red
"(a) Six thousand pesos maximum. — When the value of
the consideration 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.
"(b) Thirty thousand pesos maximum. — When the value
of the consideration is more than six thousand pesos but does not
exceed thirty thousand pesos, forty eight pesos for the first eight
thousand pesos, or fractional part thereof, and eight pesos for each
additional two thousand pesos, or fractional part thereof. chanroblesvirtualawlibrary
"(c) One hundred thousand pesos maximum. — When the
value of the consideration is more than thirty thousand pesos but does
not exceed one hundred thousand pesos, one hundred fifty pesos for the
first thirty-five thousand pesos, or fractional part thereof, and
fourteen pesos for each additional five thousand pesos, or fractional
part thereof.
"(d) Five hundred thousand pesos maximum. — When the
value of the consideration is more than one hundred thousand pesos but
does not exceed five hundred thousand pesos, two hundred seventy pesos
for the first one hundred ten thousand pesos, or fractional part
thereof, and twenty pesos for each additional ten thousand pesos, or
fractional part thereof.
"(e) More than five hundred thousand pesos. — When
the value of the consideration is more than five hundred thousand
pesos, one thousand one hundred sixty-two pesos for the first five
hundred twenty thousand pesos, fractional part thereof, and thirty
pesos for each additional twenty thousand pesos, or fractional part
thereof. chanroblesvirtualawlibrary
"17. Fees for specific transactions. — 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;chanroblesvirtualawlibrary
"(a) Exchange. — 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 other, consideration, if any, stated in
the contract.
"(b) hereditary transfer. — In the transmission of an
hereditary 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) Partition of hereditary estate; Conjugal
property. — 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 the total current assessed value of the
properties adjudicated to said spouse.
"(d) Subdivision or partition. — 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) Conveyance: Several lots and parties. — 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 a lump sum consideration, such portion thereof as
apportioned in accordance with the assessed value of the respective
land acquired by each party-buyer.
"(f) Conveyance of properties in different places. —
In the sale, conveyance, or transfer of properties 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) Conveyance of mortgaged properties. — In the
sale, conveyance, or transfer of a mortgaged property, the basis shall
be 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 respective city or province after the
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 of 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) Mortgage of properties in different places. — In
a 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) Release of mortgage. — 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
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 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) Certificate of sale. — In a certificate of sale
at public auction by virtue of an order of execution or sale for
delinquency in the payment if 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) Affidavit of consolidation of ownership. — In an
affidavit for the consolidation of ownership over a property sold with
pacto de retro or pursuant to an extra- judicial 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. chanroblesvirtualawlibrary
"(l) Contract of lease. — 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. chanroblesvirtualawlibrary
"(m) Termination of Lease. — 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) Option to purchase or promise to sell. — In
contracts of option to purchase or promise to sell, the basis of the
fees in each registry shall be ten per centum of the current assessed
value of the property subject of such contract in the respective city
or province.
"(o) Consideration not stated or fixed or less than
assessed value. — In other transactions where the actual value of the
consideration is not fixed in the contract or cannot 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 current assessed value of the properties
lying within the jurisdiction of the registry concerned. chanroblesvirtualawlibrary
"18. Issuance of copy document. — For furnishing
copies of any entry, decree, document, or other papers on file, fifty
centavos for each hundred words or fraction thereof contained in the
copies thus furnished.
"19. Certified copy. — For certifying a copy
furnished under the next preceding paragraph, for each certification,
five pesos for one page and one peso for each additional page certified.
"20. Certification. — For issuing a certificate
relative to, or showing the existence or nonexistence of, an entry in
the registration books 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 be collected for every
hundred words, or fraction thereof, in excess of the first two hundred
words.
"21. Research fee. — For services rendered in
attending to requests for reference or researches on any records or
documents on file in the registry, there shall be collected two pesos
per document or record."
Section 2. This decree shall take effect upon its
approval.
Done in the City of Manila,
this 9th day of June 1978, in the year of Our Lord, nineteen hundred
and seventy-eight.
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