FURTHER AMENDING SECTION 198 OF THE REVISED ADMINISTRATIVE CODE AS AMENDED BY REPUBLIC ACT NOS. 116 AND 2711, BY INCREASING THE FEES COLLECTIBLE IN CONNECTION WITH REGISTRATION OF CHATTEL MORTGAGES.

Preamble

WHEREAS, there has been an unprecedented increase in the
cost of equipment, materials and supplies used by the Land Registration
Commission;
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.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution, do hereby
decree and order:

Section 1

SECTION 1. Section 198 of the Revised Administrative Code,
as amended by Republic Act Nos. 116 and 2711, is hereby further amended to read
as follows:
"SEC. 198. Registration of chattel mortgages and fees
collectible in connection therewith.—Every register of deeds shall keep a
primary entry book and a registration book for chattel mortgages; shall certify
on each mortgage filed for record, as well as on its duplicate, the date, hour,
and minute when the same was by him received; and shall record in such books any
chattel mortgage, assignment, or discharge thereof, and any other instruments
relating to a recorded mortgage, and all such instruments shall be presented to
him in duplicate the original to be filed and the duplicate to be returned to
the person concerned.
The recording of a mortgage shall be effected by making an entry, which shall
be given a correlative number, setting forth the names of the mortgages and the
mortgagor, the sum or obligation guaranteed, date of the instrument, name of the
notary before whom it was sworn to or acknowledged, and a note that the property
mortgaged, as well as the terms and conditions of the mortgage, is mentioned in
detail in the instrument filed, giving the proper file number thereof. The
recording of other instruments relating to a recorded mortgage shall be effected
by way of annotations on the space provided therefor in the registration book,
after the same shall have been entered in the primary entry book.
The register of deeds shall also certify the officer's return of sale upon
any mortgage, making reference upon the record of such officer's return to the
volume and page of the record of the mortgage, and a reference of such return on
the record of the mortgage itself, and give a certified copy thereof, when
requested, upon payment of the lawful fees for such copy; and certify upon each
mortgage officer's return of sale or discharge of mortgage, and upon any other
instrument relating to such a recorded mortgage, both on the original and on the
duplicate, the date, hour, and minute when the same is received for record and
record such certificate with the return itself and keep an alphabetical index or
mortgagors and mortgagees, which record and index shall be open to public
inspection.
Duly certified copies of such records and of filed instruments shall be
receivable as evidence in any court.
The register of deeds shall collect the following fees for services rendered
by him under this section:
For entry or presentation of any document in the primary entry books, five
pesos. Supporting papers presented together with the principal document need not
be charged any entry or presentation fee unless the party in interest desires
that they be likewise entered.
For filing and recording each chattel mortgage, including the necessary
certificates and affidavits, the fees established in the following schedule
shall be collected:
When the amount of the mortgage 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.
When the amount of the mortgage is more than six thousand pesos but does not
exceed thirty thousand pesos, forty-eight pesos for the initial amount not
exceeding eight thousand pesos, and eight pesos for each additional two thousand
pesos or fractional part thereof.
When the amount of the mortgage is more than thirty thousand pesos but does
not exceed one hundred thousand pesos, one hundred fifty pesos for the initial
amount not exceeding thirty-five thousand pesos, and fourteen pesos for each
additional five thousand pesos or fractional part thereof.
When the amount of the mortgage is more than one hundred thousand pesos but
does not exceed five hundred thousand pesos, three hundred fifty-two pesos for
the initial amount not exceeding one hundred ten thousand pesos and twenty pesos
for each additional ten thousand pesos or fractional part thereof.
When the amount of the mortgage is more than five hundred thousand pesos,
one thousand one hundred sixty-two pesos for the initial amount not exceeding
five hundred twenty thousand pesos, and thirty pesos for each additional twenty
thousand pesos or fractional part thereof: Provided, however, That
registration of the mortgage in the province where the property is situated
shall be sufficient registration: And provided, further, That if the
mortgage is to be registered in more than one city or province, the register of
deeds of the city or province where the instrument is first presented for
registration shall collect the full amount of the fees due in accordance with
the schedule prescribed above, and the register of deeds of the other city or
province where the same instrument is also to be registered shall collect only a
sum equivalent to twenty per centum of the amount of fees due and paid
in the first city or province, but in no case shall the fees payable in any
registry be less than the minimum fixed in this schedule.
For recording each instrument of sale, conveyance, or transfer of the
property which is subject of a recorded mortgage, or of the assignment of
mortgage credit, the fees established in the preceding schedule shall be
collected on the basis of ten per centum of the amount of the mortgage
or unpaid balance thereof: Provided, That the latter is stated in the
instrument.
For recording each notice of attachment, including the necessary index and
annotations, eight pesos.
For recording each release of mortgage, including the necessary index and
references, the fees established in the schedule under paragraph (b) above shall
be collected on the basis of five per centum of the amount of the
mortgage.
For recording each release of attachment, including the proper annotations,
five pesos.
For recording each sheriff's return of sale, including the index and
reference, seven pesos.
For recording a power of attorney, appointment of judicial guardian,
administrator, or trustee, or any other instrument in which a person is given
power to act in behalf of another in connection with a mortgage, ten pesos.
For recording each instrument or order relating to a recorded mortgage,
including the necessary index and references, for which no specific fee is
provided above, five pesos.
For certified copies of records, such fees as are allowed by law for copies
kept by the register of deeds.
For issuing a certificate relative to, or showing the existence or
non-existence of, and entry in the registration book, 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 one hundred words or fractional part thereof, in excess of the first two
hundred words.
For services rendered in attending to requests for references to, or
researches on any document on file in the registry, there shall be collected a
fee of two pesos per document."

Section 2

SEC. 2. This decree shall take effect upon its approval.
Done in the City of Manila, this 9th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant

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