Title
Mortgage Record for Public Service Bonds
Law
Act No. 2243
Decision Date
Feb 11, 1913
A Philippine law enacted in 1913 establishes regulations for mortgages or trust deeds issued by public service corporations, making them liens on all property owned by these corporations, with exceptions for lawful taxes, fines, and assessments, and requiring filing with the division of archives, patents, copyrights, and trademarks of the Executive Bureau, with certified copies holding the same legal effect as the original documents.

Creation and Priority of Liens

  • Liens attach from the time the mortgage is filed with the Division of Archives, Patents, Copyrights, and Trade-marks of the Executive Bureau.
  • Such liens take precedence over all subsequent mortgages, liens, and encumbrances.
  • Exceptions include liens arising from lawful taxes, fines, and assessments.
  • Any later conveyance of the property remains subject to these liens.

Preservation of Existing Rights

  • The Act does not diminish or remove any rights or liens the grantees or beneficiaries hold under the mortgage instruments independently of this law.

Filing and Documentation Procedures

  • The chief of the Division of Archives must endorse the date and hour of filing on the mortgage instruments with an official signature.
  • This endorsement serves as prima facie evidence of the time of filing.

Record Keeping and Indexing

  • The mortgage instruments must be preserved and indexed similarly to corporate documents filed with the Division under Act No. 1459 and its amendments.

Fees for Filing

  • A filing fee of twenty-five pesos is charged per instrument filed with the Division of Archives.

Certification of Copies

  • Certified copies by the chief of the Division carry the same legal effect as the original mortgage instruments.

Effectivity

  • The Act became effective immediately upon its passage on February 11, 1913.

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