OCA CIRCULAR NO. 24-2003, March 10, 2003

OCA CIRCULAR NO. 24-2003, March 10, 2003

OCA Circulars March 10, 2003
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TO:
ALL JUDGES AND CLERKS OF COURTS OF THE 1st and
2nd LEVEL COURTS
 
SUBJECT:
INCREASING RATES OF FEEDS AND CHARGES PAYABLE TO THE CLERK OF
COURT, THE SHERIFF, THE REGISTER OF OF DEEDS AND THE LAND REGISTRATION AUTHORITY
AND FEES FOR CHATTEL MORTGAGES, ETC. AUTHORIZED UNDER PD 1529

 LRA CIRCULAR NO. 11-2002

SUBJECT:
INCREASE IN THE RATES OF FEES AND CHARGES PAYABLE TO THE
CLERK OF COURT, THE SHERIFF, THE REGISTER OF DEEDS AND THE LAND REGISTRATION
AUTHORITY AND FEES FOR CHATTEL MORTGAGES, ETC., AUTHORIZED UNDER P. D. 1529 –
THE PROPERTY REGISTRATION DECREE PURSUANT rO EXECUTIVE ORDER NO. 197 DATED
JANUARY 13, 2000 AND DOF-DBM JOINT CIRCULAR NO. 2000-2 DATED APRIL 4, 2000. THE
REVISED RATES SHALL TAKE EFFECT FIFTEEN (15) DAYS AFTER ITS LAST PUBLICATION IN
TWO (2) NEWSPAPER OF GENERAL
CIRCULATION.

The Land Registration Authority has issued LRA Circular No. 11-2002 dated
September 10, 2002 which took effect on February 1, 2003 after its publication
in the January 10, 2003 and January 17, 2003 issues of the Philippine Daily
Inquirer and the Philippine Star, respectively.

Attached is a copy of the said circular for your information and
guidance.

March 10, 2003.

 
PRESBITERO J. VELASCO, JR.
 
Court
Administrator

 

SCHEDULE OF FEES:
SPECIAL FUND

SEC. 111. Fees Payable – The lees payable to
the Clerk of Court, the Sheriff, the Register of Deeds and the Land
registration Authority shall be as follows:

A, Fees payable to the Clerk of Court – The
fees payable to the Clerks of Court or his deputies shall be as follows:

1. For filing an application for the registration of land.
Fees shall be based on the assessed value of the property for the current year
in accordance with the following schedule:
 
a. When the value of the property does not exceed two
thousand
 
-For the first five hundred pesos, or fractional part
thereof
45.00
-For each additional five hundred pesos, or fractional part
thereof
15.00
b. When the value of the property Is more than two thousand
pesos but does not exceed ten thousand pesos:
 
-For the first three thousand pesos, or fractional part
thereof
105.00
-For each additional one thousand pesos, or fractional part
thereof
15.00
c. When the value of the property is more than ten thousand
pesos but does not exceed one hundred thousand pesos:
 
-For the first twenty thousand pesos, or fractional part
thereof
240.00
-For each additional ten thousand pesos, or fractional part
thereof
30.00
d. When the value of the property Is more than one hundred
thousand pesos but does not exceed five hundred thousand pesos:
 
-For the first one hundred twenty five thousand pesos, or
fractional part thereof
540.00
-For each additional twenty ftve thousand pesos, or
fractional part thereof
60.00
e. When the value of the property Is more than five
hundred
thousand pesos:
 
-For the first five hundred fifty thousand pesos, or
fractional part thereof
 
-For each additional fifty thousand pesos, or fractional part
thereof
 
2. For filing a petition for review of |udgmsnt and decree,
or other claim adverse to the registered owner –
 
– For each petition
120.00
3. For filing a petition after the decision has become final-
If it affects land decree in more than one case –
120.00
If it affects land decree in more than one case –
60.00
    – For each additional case  

B. Fees payable to the Sheriff – Tho Sheriff shall collect
fees for his services rendered in connection with land registration and
cadastral proceedings as follows:

1. For posting notice of Initial hearing of land registration
cases in conspicuous places on the lands described in the notice-

 
– For each parcel of land on which a copy of such notice is
posted, besides travel fees
18.00
2. For posting notices of initial hearing of cadastral cases
in conspicuous places on the lands included in the survey –
 
– For each group of one hundred lots on which a copy of the
notice is posted, besides travel fees
18.00
3. For posting one copy of a notice of Initial hearing In a
conspicuous place upon the municipal building of the city, municipality, or
municipal district in which the land or portion thereof lies, besides
travelitees-
18.00
4. For serving notices upon cadastral claimants to appear
before the court, travel fees only as provided In the Rules of Court.
 

C. Fees payable in the Register of Deeds— The Register of
Deeds shall collectibles for all services rendered by him under this Decree In
accordance with the following schedule:

1. Original certificate of title -For the entry of one
original certificate of title and issuance of one owner’s duplicate
certificate:
 
– For the first parcel of land described thereon
60.00
– For each additional parcel
30.00
2. Entry fee – For each entry In the primary
entry book –
30.00
3. Attachment, levy etc. – For the annotation of an
attachment.levy, writ or execution, adverse claim, for each parcel of land
affected thereby –
30.00
4. Lis Pendene, etc. – For the annotation of
a notice of us pendens, or of any document or order In connection therewith, for
each parcel of land affected thereby
30.00
5. Release of encumbrance – for the
annotation of a release of any encumbrance, except mortgage, lease or other lien
for the cancellation of which a specific fee is prescribed herein, but the total
amount of fees to be collected shall not exceed the amount of fees paid for the
registration of such encumbrance, for each parcel of land as released
–
30.00
6. Court Order – For the annotation of an
order of the court for the amendment of, or the making of a memorandum on, a
certificate of title, except Inclusion of buildings and improvements, or any
order directing the registration of a document, or any right or interest
referrred to in said order, or the cancellation of a certificate of title and/or
the issuance of a new one –
– For each certificate of title on which the annotation Is
made. In addition to the fees prescribed under paragraphs sixteen or seventeen,
as the case may be, on this subsection, If the same are also due for the
registration of such document, right of interest
60.00
7. Building – For the annotation of an order
of the court for the Inclusion of building and/or Improvement In a certificate
of tltte, for each certificate of title –
60.00
8. Powers of attorney, tetters, of administration,
appointment of guardian, resolution or revocation thereof
– For
registering and filing a power of attorney, letters of administration of letters
testamentary whether or not accompanied by a copy of the testament, certificate
of allowance of a will with attested copy of the will annexed, appointment of
guardian for a minor or Incompetent person, appointment of receiver, trustee, or
administrator, articles of Incorporation of any corporation, association or
partnership, or resolution of Its board of directors empowering an officer or
member thereof to act In behalf of the same:
120.00
For the annotation of such papers on certificates of title
when required by existing laws or regulations, for each certificates of title so
annotated:
30.00
For registering an instrument of revocation of any of the
papers mentioned above-
30.00
If annotated on the corresponding certificate of title, for
each certificate of title –
18.00
9. Notice of tax Hen, loss, etc.
–
For the annotation of a notice of tax lien of any
description, notice of lost duplicate or copy ol a certificate of title, order
of the court declaring such duplicate or copy null and void, notice or change of
address, or the cancellation of any such annotation, for each certificate of
title –
30.00
10. Carry over of annotation – For
transferring the memorandum of an encumbrance of any kind from one certificate
of title which Is cancelled to a new one In liue thereof, for each memorandum
thus transferred –
30.00
11. Annotation on additional copy of title –
For any memorandum made In a standing co-owner’s copy of a certificate of title
after a similar memorandum has been made in the original thereof – for each
certificate of title –
30.00
12. No specific fee – For any memorandum
made in a certificate of title for which no specific fee Is prescribed above,
for each certificate of title –
30.00
13. Transfer to trustee, executor, administrator,
receiver
– For the issuance of a transfer certificate of title –
Including its duplicate), to a trustee, executor, administrator, or receiver, or
for the cancellation of such certificate of title and issuance of a new one,
including its duplicate, to the qestui que trust in case of
trusteeship
60.00
If the certificate covers more than one parcel of lot, an
additional toe shall be collected for each additional parcel of lot –
30.00
14. Transfer certificate of title – For the
issuance of a transfer certificate of title, Including Its duplicate, to a
person other than those named In the next preceding paragraph, In addition to
the toes hereinafter prescribed In paragraph sixteen, eighteen, as the cash may
ho, of this subsection. It the same can also due
60.00
If the certificate covors more than one parcel or lot. nnd
additional fee shall be collected for each additional parcel or lot –
30.00
15. Additional copy of title- For the issuance of a new
owner’s duplicate or co-owner’s copy of certificate of title, or any additional
duplicate or copy thereof:
-For the first page
60.00
-For each subsequent page
30.00
Registration fee – For the registration of a deed of sale,
conveyance, transfer, exchange, partition, or donation: a deed of sale with
pacto de retro, conditional sale, sheriff’s sale at public auction, sale for
non-payment of taxes, or any sale subject to redemption, or the repurchase or
redemption of the property so sold: any Instrument, order, judgment or decree
divesting the title of the registered owner, except in favor of a trustee,
executor, administrator or receiver: option to purchase or promise to sell: any
mortgage, surety, bond, lease, easement, right-of-way, or other real right or
lien created or constituted by virtue of a district contract or agreement, and
not as an Incidental condition of sale, transfer or conveyance: the assignment,
enlargement, extension or novation of a mortgage or of any other real right, or
a release or mortgage, termination of lease, or consolidation o1 ownership over
a property sold with pacto de retro: where no specific fee Is prescribed
therefore In proceeding paragraphs, the fees shall be based on the value of the
consideration in accordance with the following schedule:

 

VALUE OF CONSIDERATION
More than
Not Exceeding
00.00
500.00
21.00
500.00
1,000.00
30.00
1,000.00
1,500.00
39.00
1,500.00
2,000.00
48.00
2,000.00
2,500.00
57.00
2,500.00
3,000.00
66.00
3,000.00
3,500.00
75.00
3,500.00
4,000.00
84.00
4,000.00
4,500.00
93.00
4,500.00
5,000.00
102.00
5,000.00
5,500.00
110.00
5,500.00
6,000.00
120.00
6,000.00
8,000.00
144.00
8,000.00
10,000.00
168.00
10,000.00
12,000.00
192.00
12,000.00
14,000.00
216.00
14,000.00
16,000.00
240.00
16,000.00
18.000.00
264.00
18.000.00
20,000.00
288.00
20,000.00
22,000.00
312.00
22,000.00
24,000.00
336.00
24,000.00
26,000.00
380.00
26,000.00
28,000.00

384.00

28,000.00
30,000.00
408.00
30,000.00
35,000.00
450.00
35,000.00
40,000.00
492.00
40,000.00
45,000.00
534.00
45,000.00
50,000.00
576.00
50,000.00
55,000.00
618.00
55,000.00
60,000.00
660.00
60,000.00
65,000.00
702.00
65,000.00
70,000.00
744.00
70,000.00
75,000.00
786.00
75,000.00
80,000.00
828.00
80,000.00
85,000.00
870.00
85,000.00
90,000.00
912.00
90,000.00
95,000.00
954.00
95,000.00
100,000.00
996.00
100,000.00
110,000.00
1,056.00
110,000.00
120,000.00
1,116.00
120,000.00
130,000.00
1,176.00
130,000.00
140,000.00
1,236.00
140,000.00
150,000.00
1,296.00
150,000.00

160,000.00

1,356.00

160,000.00

170,000.00
1,416.00
170,000.00
180,000.00
1,476.00
180,000.00
190,000.00
1,536.00
190,000.00
200,000.00
1.596.00
200,000.00

210,000.00

1,656.00

210,000.00

220,000.00
1,716.00
220,000.00
230,000.00
1,776.00
230,000.00

240,000.00

1,836.00

240,000.00

250,000.00
1,896.00
250,000.00
260,000.00
1,956.00
260,000.00

270,000.00

2,016.00

270,000.00

280,000.00
2,076.00
280,000.00
290,000.00
2,136.00
290,000.00
300,000.00
2,196.00
300,000.00
310,000.00
2,256.00
310,000.00
320,000.00
2,316.00
320,000.00
330,000.00
2,316.00
330,000.00
340,000.00
2,436.00
340,000.00
350,000.00
2,496.00
350,000.00
360,000.00
2,556.00
360,000.00
370,000.00
2,616.00
370,000.00
380,000.00
2,676.00
380,000.00
390,000.00
2.736.00
390,000.00

400,000.00

2,796.00

400,000.00

410,000.00
2,856.00
410,000.00

420,000.00

2.916.00

420,000.00

430,000.00
2,976.00
430,000.00
440,000.00
3,036.00
440,000.00
450,000.00
3,096.00
450,000.00
460,000.00
3.156.00
460,000.00
470,000.00
3,216.00
470,000.00
480,000.00
3.276.00
480,000.00
490,000.00
3,336.00
490,000.00
500,000.00
3 396.00
500,000.00
520,000.00
3,486.00
520,000.00
540,000.00
3,576.00
540,000.00
560,000.00
3,666.00
560,000.00
580,000.00
3,756.00
580,000.00
600,000.00
3,846.00
600,000.00
620,000.00
3,936.00
620,000.00

640,000.00

4,026.00

640,000.00

660,000.00
4,116.00
660,000.00
680,000.00
4,206.00
680,000.00
700,000.00
4,296.00
700,000.00

720,000.00

4,386.00

720,000.00

740,000.00
4,476.00
740,000.00
760,000.00
4,566.00
760,000.00

780,000.00

4,656.00

780,000.00

800,000.00
4,746.00
800,000.00
820,000.00
4,836.00
820,000.00
840,000.00
4,926.00
840,000.00
860,000.00
5,016.00
860,000.00
880,000.00
5,106.00
880,000.00
900,000.00
5,196.00
900,000.00
920,000.00
5,286.00
920,000.00
940,000.00
5,376.00
940,000.00
960,000.00
5,466.00
960,000.00
980,000.00
5.556.00
980,000.00

1,000,000.00

5,646.00

1,000,000.00

1,020,000.00
5,736.00
1,020,000.00
1,040,000.00
5,826.00
1,040,000.00
1,060,000.00
5,916.00
1,060,000.00
1,080,000.00
6,006.00
1,080,000.00
1,100,000.00
6,096.00
1,100,000.00
1,120,000.00
6,186.00
1,120,000.00
1,140,000.00
6,276.00
1,140,000.00
1,160,000.00
6,366.00
1,160,000.00
1,180,000.00
6,456.00
1,180,000.00
1,200,000.00
6,546.00
1,200,000.00
1,220,000.00
6,636.00
1,220,000.00
1,240,000.00
6,726.00
1,240,000.00
1,260,000.00
6,816.00
1,260,000.00
1,280,000.00
6,906.00
1,280,000.00
1,300,000.00
6,996.00
1,300,000.00
1,320,000.00
7,086.00
1,320,000.00
1,340,000.00
7,176.00
1,340,000.00
1,360,000.00
7,266.00
1,360,000.00
1,380,000.00
7,356.00
1,380.000.00
1,400,000.00
7,446.00
1,400,000.00

1,420,000.00

7,536.00

1,420,000.00

1,440,000.00

7,626.00

1,440,000.00

1,460,000.00
7,716.00
1,460,000.00
1,480,000.00
7,806.00
1,480,000.00
1,500,000.00
7,896.00
1,500,000.00
1,520,000.00
7,986.00
1,520,000.00
1,540,000.00
8,076.00
1,540,000.00
1,560,000.00
8,166.00
1,560,000.00
1,580,000.00
8,256.00
1,580,000.00
1,600,000.00
8,346.00
1,600,000.00
1,620,000.00
8.436.00
1,620,000.00
1,640,000.00
8,528.00
1,640,000.00
1,660,000.00
8,616.00
1,660,000.00
1,680,000.00
8,706.00
1,680,000.00
1,700,000.00
8,796.00

 

And for every P20.000.00 or fraction thereof; In excess of
P1,700,000.00, In addition to the fee of 8,796.00
90.00
17. Issuance of copy of document – for furnishing copies of
any entry, decree, document, or other papers on file – for each hundred words or
fraction thereof contained In the copies thus furnished –
3.00
18. Certified copy – For certifying a copy furnished under
the next proceeding paragraph, for each certification:
-For one page certified
30.00
-For each additional page certified
60.00
19. Certification – For issuing a
certification relative to or showing the existence or non-existence of, an entry
In the registration books or a document on file, for each such certificate
containing not more than two hundred words –
30.00
If this exceeds that number an additional fee shall be collected
for every hundred words, or fraction thereof, in excess ol the first two hundred
words –
6.00
20. Research foe – For services rendered In
attending to request for reference or researches on any records or documents on
file In the Registry, there shall be collected per document or record
12.00

D. Fees payable to the Administrator of Land Registration
–

The fees payable to the Administrator of Land Registration shall
be as follows:
 
1. For verification and approval of subdivision plans, the fee
shall be:
 
    a. For each lot 12.00
   
b. For each comer of a lot, irrespective of whether such
corner is common to the two or more lot
1.20
    c. For each traverse station 0.60
    d. For each observation 3.00
    e. In case the plan Is a resurvey or relocation plan, an additional 40
percent of the rates prescribed above shall be collected. Provided, however,
that the total fee as computed above, whether
48.00
2. For changing or correcting the name of any porson appearing on
the subdivision plan or other plan In order to have it conform to that stated in
the certificate of title covering the land, and for the cancellation an approved
plan when so requested by the interested party, there shall be a fee of –
30.00
3. The rates of fees prescribed in paragraphs 1 and 2,
inclusive shall apply to similar services rendered in connection with the
examination, verification and approval of consolidation,
consolidation-subdivision, resubdivision, and reconsolidation plans, special
work order plans on the basis of certified copies of technical descriptions of
plans approved by the Land Registration or the Land Management Bureau, private
surveys, and other plans of similar nature in the computation of fees relative
to lots subject of consolidation and consolidation- subdivision plans, a fee
shall be collected per lot as appearing in the old survey in addition to the fee
collectible in paragraph 1 hereof for the lots –
12.00
4. For the preparation of a plan in tracing cloth of any
survey the data of which are available in the Authority, except when same is
merely traced from an existing plan – the fees shall be computed as
follows:
 
  a. When the plan to be so prepared contained only one
lot:
 
    1. For the first ten corners or fraction thereof 240.00
    2. For the next ten corners or fraction thereof 36.00
    3. For each corner in excess of the of the first twenty comers 2.40
  b. When the plan to be so prepared contains two or more
lots:
 
1. For the first lot which must be the biggest of the group,
irrespective of the number of its corners –
240.00
2. For each additional lot irrespective of the number of its
comer, said lot being adjacent to the first lot or any other lot
–
90.00
3. For each non-adjacent lot (other than the first charged
lot), irrespective of the number of its corners –
120.00
4. If any lot contains more than twenty corners of such lot
in the first twenty comers –
2.40
5. For the preparation of a plan in tracing cloth, to be
traced from an existing plan, complete with bearings and distances of comers and
the-lines, the fee shall be 30 per centrum of the fees prescribed in paragraph 4
above.
 
6. For the preparation of plan in tracing cloth, to be copied
from an existing plan, complete with bearings and distances of sides and
tie-lines, but using a different scale, the fee shall be 60 per centrum of the
fees prescribed under paragraph 4 above, rf made on a reduced scale: or 60 per
centrum of the same fees, if made on an enlarged scale.
 
7. For the preparation of a simple plan or sketch of any
available survey or plan on any paper other than a tracing cloth, the fee on the
basis of each lot, shall be as follows:
 
    a. For the first ten corners of fraction thereof 120.00
    b. For the second ten corners or fraction thereof 30.00
    c. For the third ten comers or fraction thereof 12.00
    d. For each comer in excess of the first thirty comers 1.20
   
e. If the sketch is prepared in tracing cloth, add to the
total fees as above computed –
30.00
   
f. If the plan or sketch so prepared contains the bearing and
distances of the sides and tie-lines, add to the total as above computed 10 per
centrum thereof.
 
8. For furnishing a ptan copy (blue print, or white print) of
any plan on file in the Authority, the fees shall be as follows:
 
    a. For the copy of any size not exceeding forty square decimeters 18.00
    b. For one copy of more than forty square decimeters but not exceeding
eighty square decimeters in size
36.00
   
c. For one copy of more than eighty square decimeters but not
exceeding one hundred twenty square decimeter in size
54.00
   
d. For one copy in excess of one hundred twenty square
decimeter in size the basic rate of twenty seven pesos plus for every twenty
square decimeters or fraction thereof in excess
3.00
9. For the preparation of technical descriptions, other than
mere copying from an existing copy, there shall be collected the following
fees:
 
   
a. For technical description of lots or parcel, typewritten
In triplicate and doublespaced, including certification:
 
  1. For each lot 18.00
  2. For each comer of a lot 1.20
  3. For each extra copy, extra charge 1.20
10. For certification of plans or copies of plans as to the
correctness of the same, per plan or print copy and for the issuance of all
other certifications
18.00
11. For inspection of lands subject of private surveys,
simple or complex subdivision plans, or consolidation, consolidation –
subdivision, resubdivision, or reconsolidation plans special work orders, and
other plans of similar nature for the purpose of verification and/or
approval:
30.00
  a. For each plan with an aggregate area of 1,000 sq. meters or
less
60.00
  b. For each subdivision with an aggregate area of more than 1,000
sq.m.
 
    1. For the first 1,000 sq. meters 600.00
    2. For every succeeding 1,000 sq. meters or fraction thereof 60.00
12. For actual field work of subdivision survey, relocation
survey and resurvey of land, the fees shall be as follows:
 
  a. Subdivision survey:  
    1. Rural (Agricultural)  
   
Area
 
    For the first hectare 2,100.00
    For the second hectare to 10th hectare. An additional per ha. 360.00
    For the 11 th hectare to 20th ha. An additional per hectare. 180.00
    For the 21 st hectare to 30th ha. An additional per hectare 120.00
    For the 31 st hectare to 200th ha. An additional per hectare. 60.00
    For 201 st hectare or over An additional per hectare. 48.00
       
    2. Urban (Solar) 2,100.00
   
For 220 sq. meters or less Succeeding 201 sq. meters or more
(per 100 sq. meters)
120.00

SEC. 116: Fees for chattel mortgages, etc. – The Register of
Deeds shall collect the following fees for services rendered by him under this
section:

1. Entry fee – For entry or presentation of
any dcoument in the Primary Entry Book
30.00
2. Chattel Mortgage – For filing and
recording each chattel mortgage including the necessary certificates and
affidavits, the fees established In Sec. 111;C. 16
48.00
3. Notice of Attachment – For recording each
notice of attachment, including the necessary index and annotations
–
30.00
4. Release of Attachment – For recording
each release of attachment, including the proper annotations.

42.00

5. Sheriffs return of sale – For recording each sheriffs
return of sale Including the index and references –
42.00
6. Power of Attorney, appointment of guardian,
administrator or trustee
– For recording a power of attorneys
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
30.00
7. No Specific Fee – For recording instrument or order
relating to reorder mortgage, including the necessary index and references for
which no specific fee is provided above
30.00
8. Certification – For Issuing a certificate
relative to, or showing the existence or non-existence or an entry In the
registration book, or a document on file, for each such certificate containing
not more than two hundred words –
30.00
If It exceeds that number, an additional fee shall be
collected for every one hundred words or fractional part thereof in excess of
the first two hundred words –
 
9. . Research Fee – 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 per document of –
12.00
For Implementation.  
Approved    
 
HON. HERNANDO B. PEREZ
HON. BENEDICTO B. ULEP
 
Secretary of Justice
Administrator