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.