Law Summary
SECTION 1: Creation of Liens
- Legal Principle: Mortgages executed by public service corporations (including railway, tramway, street-car, and sugar-central companies) create liens on their property to secure bonds.
- Key Definitions:
- Mortgages: Legal instruments securing a debt by property.
- Public Service Corporations: Entities that provide services to the public, regulated by law.
- Requirements:
- Mortgages must be filed with the division of archives, patents, copyrights, and trademarks of the Executive Bureau.
- Timeframe:
- Liens take effect upon filing of the mortgage.
- Consequences:
- Liens are superior to future mortgages, liens, and encumbrances, except for lawful taxes, fines, and assessments.
- Subsequent property conveyances are subject to these liens.
SECTION 2: Rights of Grantees
- Legal Principle: The Act does not diminish any existing rights or liens of grantees or beneficiaries independent of this legislation.
- Key Definitions:
- Grantees: Individuals or entities that receive property rights from a grantor.
- Important Notes:
- Rights under existing laws remain intact despite this Act.
SECTION 3: Filing Procedures
- Legal Principle: The chief of the division of archives must endorse the filed instruments.
- Requirements:
- Endorsement must include the date and hour of filing, along with an official signature.
- Consequences:
- This endorsement serves as prima facie evidence (presumed to be true unless disproven) regarding filing date and time.
SECTION 4: Preservation of Documents
- Legal Principle: Instruments filed under this Act are to be preserved and indexed similarly to other corporate documents.
- Requirements:
- Documents must be managed in accordance with Act No. 1459 and its amendments.
SECTION 5: Filing Fees
- Legal Principle: A fee is mandated for the filing of instruments.
- Requirements:
- A fee of twenty-five pesos is to be collected for each filing.
SECTION 6: Certified Copies
- Legal Principle: Certified copies of filed instruments hold the same legal weight as originals.
- Requirements:
- Certificates must be issued by the chief of the division of archives.
SECTION 7: Effectivity
- Legal Principle: The Act becomes effective upon its passage.
- Important Note:
- This provision indicates immediate applicability following legislative approval.
Key Takeaways
- Act No. 2243 establishes a formal framework for recording mortgages and trust deeds by public service corporations.
- It defines the creation of liens on corporate property, ensuring they take precedence over other claims except for tax-related encumbrances.
- The Act preserves the rights of existing beneficiaries and outlines specific procedures for document filing and preservation.
- A filing fee is implemented, and certified copies are recognized as legally equivalent to originals, enhancing legal clarity and enforceability.