Title
Supreme Court
Fee Increase for Chattel Mortgage Registration
Law
Presidential Decree No. 1417
Decision Date
Jun 9, 1978
Presidential Decree No. 1417 amends the Revised Administrative Code to increase fees for the registration of chattel mortgages by the Land Registration Commission, in order to cover the rising costs of equipment and materials.

Law Summary

Responsibilities of the Register of Deeds

  • Maintain a primary entry book and a registration book for chattel mortgages.
  • Certify the date, hour, and minute of receipt on each mortgage and its duplicate.
  • Record all chattel mortgages, assignments, discharges, or related instruments presented in duplicate.
  • Entry details must include names of mortgagee and mortgagor, sum or obligation guaranteed, date of instrument, notary information, and file references.
  • Annotate related instruments in the registration book after entry in the primary entry book.
  • Certify officer's return of sale with reciprocal references in records and issue certified copies upon request.
  • Maintain an alphabetical index of mortgagors and mortgagees open to public inspection.
  • Certified copies of records/instruments are admissible as evidence in court.

Fee Structure for Registration and Related Services

  • Entry or presentation to primary entry books: PHP 5.
  • Filing and recording chattel mortgage based on amount:
    • Up to PHP 6,000: PHP 7 for first PHP 500 + PHP 3 for each succeeding PHP 500.
    • PHP 6,001 to PHP 30,000: PHP 48 for initial PHP 8,000 + PHP 8 for each succeeding PHP 2,000.
    • PHP 30,001 to PHP 100,000: PHP 150 for initial PHP 35,000 + PHP 14 for each succeeding PHP 5,000.
    • PHP 100,001 to PHP 500,000: PHP 352 for initial PHP 110,000 + PHP 20 for each succeeding PHP 10,000.
    • Above PHP 500,000: PHP 1,162 for initial PHP 520,000 + PHP 30 for each succeeding PHP 20,000.
  • Registration in the province where property is located is sufficient.
  • Multiple registrations: first registry collects full fee, others collect 20% of first, minimum fees apply.

Fees for Related Instruments and Services

  • Recording sales, conveyances, or assignments related to mortgage: 10% of mortgage or unpaid balance.
  • Recording notice of attachment: PHP 8.
  • Recording release of mortgage: 5% of mortgage amount.
  • Recording release of attachment: PHP 5.
  • Recording sheriff's return of sale: PHP 7.
  • Recording powers of attorney or similar instruments related to mortgage: PHP 10.
  • Recording other mortgage-related instruments with no specific fee: PHP 5.
  • Certified copies of records: fees as allowed by law.
  • Issuing certificates about registration book entries or documents:
    • PHP 5 for up to 200 words,
    • Additional PHP 1 per 100 words beyond initial 200.
  • Research and reference requests on documents on file: PHP 2 per document.

Legal Effect and Implementation

  • Certified records and filed instruments are admissible evidence in courts.
  • The decree takes effect upon approval.
  • Issued and signed by the President and the Presidential Executive Assistant on June 9, 1978, in Manila.

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