FURTHER AMENDING SECTION 114 (C) OF ACT NO. 496, OTHERWISE KNOWN AS “THE LAND REGISTRATION ACT”, AS AMENDED BY REPUBLIC ACT NO. 928, BY INCREASING THE FEES PAYABLE TO REGISTRIES…

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 vested in me by the Constitution, do hereby
decree and order:

SECTION 1. Section 114 (C) of Act 496, as amended by
Republic Act No. 928, is hereby further amended to read as follows:

“C. Fees payable to the Register of Deeds.—The Register of’ Deeds
shall collect fees for all services rendered by him under this Act 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, ten
pesos for the first parcel of land described thereon and five pesos for each
additional parcel.

“2. Entry fee.—For each entry in the primary entry book, five
pesos.

“3. Attachment, levy, etc.—For annotation of an attachment, levy,
writ of execution, adverse claim, five pesos for each parcel of land affected
thereby.

“4. Lis pendens, etc.—For annotation of a notice of lis
pendens, or of any document of order in connection therewith, for each
parcel of land affected thereby, five pesos.

“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, for each parcel of land so released, five
pesos; by the total amount of fees to be collected shall not exceed the amount
of fees paid for the registration of such encumbrance.

“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 or improvements, or any order directing the registration
of a document, or of any right or interest referred to in said order, or the
cancellation of a certificate of title and/or the issuance of a new one, ten
pesos for each certificate of title on which the annotation is made, in addition
to the fees prescribed under paragraph sixteen or seventeen, as the case may be,
of this subsection, if the same are also due for the registration of such
document, right or interest.

“7. Building.—For the annotation of an order of the court for the
inclusion of buildings and/or improvements in a certificate of title, ten pesos
for each certificate of title.

“8. Powers of attorney, letters of administration, appointment of
guardian, resolution, or revocation thereof.—For registering and filing a
power of attorney, letters of administration or 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 administator, 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, twenty pesos; and for the annotation of such papers on
certificates of title when required by existing laws or regulations, five pesos
for each certificate of title so annotated: Provided, however, That
when the certificate of allowance of a will and the letters testamentary or
letters of administration are filed together, only one fee shall be collected.
For registering an instrument of revocation of any of the papers mentioned
above, five pesos, and if annotated on the corresponding certificate of title,
three pesos for each certificate of title.

“9. Notice of tax lien, loss, etc.—For the annotation of a notice of
tax lien of any description, notice of lost duplicate or copy of a certificate
of title, order of the court declaring such duplicate or copy null and void,
notice of chance of address, or the cancellation of any such annotation, for
each certificate of title, five pesos.

“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 lieu thereof, for each memorandum thus transferred, five pesos.

“11. Annotation on additional copy of title.—For any memorandum made
in a standing co-owner’s mortgagee’s, or lessee’s copy of a certificate of title
after a similar memorandum has been made in the original thereof, for each such
certificate of title, five pesos.

“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 five pesos.

“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
cestui que trust, in case of trusteeship, ten pesos. If the certificate
covers more than one parcel or lot, an additional fee of five pesos shall be
collected for each additional parcel or lot.

“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, ten pesos, in addition to the fees
hereinafter prescribed in paragraph sixteen or seventeen, as the case may be, of
this subsection, if the same are also due. If the certificate covers more than
one parcel or lot, an additional fee of five pesos shall be collected for each
additional parcel or lot.

“15. Additional copy of title.—For the issuance of a new owner’s
duplicate or a co-owner’s mortgagees or lessee’s copy of a certificate of title,
or any additional duplicate or copy thereof, ten pesos for the first page and
five pesos for each subsequent page, or fraction thereof.

“16. Registration fees.—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 nonpayment 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 distinct contract or
agreement, and not as an incidental condition of a sale, transfer or conveyance;
the assignment, enlargment, extension or novation of a mortgage or of any other
real right, or a release of mortgage, termination of lease, or consolidation of
ownership over a property sold with pacto de tretro; where no specific
fee is prescribed therefor in the preceding paragraphs, the fees shall be based
on the value of the consideration in accordance with the following schedule:

“(a) Six thousand pesos maximum.—When the value of the consideration
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.

“(b) Thirty thousand pesos maximum.—When the value of the
consideration is more than six thousand pesos but does not exceed thirty
thousand pesos, forty eight pesos for the first eight thousand pesos, or
fractional part thereof, and eight pesos for each additional two thousand pesos,
or fractional part thereof.

“(c) One hundred thousand pesos maximum.—When the value of the
consideration is more than thirty thousand pesos but does not exceed one hundred
thousand pesos, one hundred fifty pesos for the first thirty-five thousand
pesos, or fractional part thereof, and fourteen pesos for each additional five
thousand pesos, or fractional part thereof.

“(d) Five hundred thousand pesos maximum.—When the value of the
consideration is more than one hundred thousand pesos but does not exceed five
hundred thousand pesos, two hundred seventy pesos for the first one hundred ten
thousand pesos, or fractional part thereof, and twenty pesos for each additional
ten thousand pesos, or fractional part thereof.

“(e) More than five hundred thousand pesos.—When the value of the
consideration is more than five hundred thousand pesos, one thousand one hundred
sixty-two pesos for the first five hundred twenty thousand pesos, or fractional
part thereof, and thirty pesos for each additional twenty thousand pesos, or
fractional part thereof.

“17. Fees for specific transactions.—In the following transactions,
however, the basis of the fees collectible under paragraph sixteen of this
subsection, whether or not the value of the consideration is stated in the
instrument, shall be as hereunder set forth:

“(a) Exchange.—In the exchange of real property the basis of the
fees to be paid by each party shall be the current assessed value of the
properties acquired by one party from the other, in addition to the value of any
other, consideration, if any, stated in the contract.

“(b) Hereditary transfer.—In the transmission of an hereditary
estate without partition or subdivision of the property among the heirs,
devisees, or legatees, although with specification of the share of each in the
value of the estate, the basis shall be the total current assessed value of the
property thus transmitted.

“(c) Partition of hereditary estate: Conjugal property.—In the
partition of an hereditary estate which is still in the name of the deceased, in
which determinate properties are adjudicated to each heir, devisee or legatee,
or to each group of heirs, devisees or legatees, the basis of the fees to be
paid by each person or group, as the case may be, shall be the total current
assessed value of the properties thus adjudicated to each person or group. In
the case, however, of conjugal property, the basis of the fees for the
registration of one-half thereof in the name of the surviving spouse shall be
the total current assessed value of the properties adjudicated to said
spouse.

“(d) Subdivision or partition.—In the partition of real property
held in common by several registered co-owners, the basis of the fees to be paid
by each co-owner or group of co-owners shall be the total assessed value of the
property taken by each co-owner or group.

“(e) Conveyance: Several lots and parties.—In the sale, conveyance
or transfer of two or more parcels of land in favor of two or more separate
parties but executed in one single instrument, the basis shall be the total
selling price paid by each party-buyer, or, in the case of a lump sum
consideration, such portion thereof as apportioned in accordance with the
assessed value of the respective land acquired by each party-buyer.

“(f) Conveyance of properties in different places.—In the sale,
conveyance, or transfer of properties in different cities or provinces, the
basis of the fees in each registry of deeds where the instrument is to be
registered shall be the total selling price of the properties situated in the
respective city or province, or, in the case of a lump sum consideration, such
portion thereof as obtained for those properties lying within the jurisdiction
of the respective registry after apportioning the total consideration of the
sale, conveyance or transfer in accordance with the current assessed values of
such properties.

“(g) Conveyance of mortgaged properties.—In the sale, conveyance, or
transfer of a mortgaged property, the basis shall be selling price of the
property proper plus the full amount of the mortgage, or the unpaid balance
thereof if the latter is stated in the instrument. If the properties are
situated in different cities or provinces, the basis of the fees in each
registry of deeds where the instrument is to be registered shall be such sum as
obtained for the properties situated in the respective city or province after
apportioning in accordance with the current assessed values of said properties
the total amount of consideration as above computed, unless the selling price of
the properties in each city or province and the proportionate share thereof in
the amount of unpaid balance of the mortgage are stated in the instrument, in
which case the aggregate of such selling price and share shall be the basis. In
any case, however, where the aggregate value of the consideration as above
computed shall be less than the current assessed value of the properties in the
city or province concerned, such assessed value shall be the basis of the fees
in the respective registry.

“(h) Mortgage of properties in different place.—In a mortgage
affecting properties situated in different cities or provinces, the basis of the
fees in each registry of deeds where the document is to be registered shall be
such amount as obtained for the properties lying within the jurisdiction of said
registry after apportioning the total amount of the mortgage in accordance with
the current assessed value of such properties.

“(i) Release of mortgage.—In the release of a mortgage the basis of
the fees shall be an amount equal to ten per centum of the total amount
of obligation secured by the mortgage. If the properties are situated in
different cities or provinces, the basis of the fees in each registry shall be
ten per centum of such sum as obtained for the properties in the
respective city or province after apportioning the amount of the mortgage in
accordance with the current assessed values of such properties. In the case of
partial release, the fees shall be based on ten per centum of the
current assessed value ox the property so released in the respective city or
province, Provided, however, That where several partial releases had
been registered, the fees corresponding to the final release shall be computed
on the basis of ten per centum of the difference between the amount of
the mortgage and the aggregate of the considerations used as basis for the
collection of the fees paid for the registration of all previous partial
releases.

“(j) Certificate of sale.—In a certificate of sale at public auction
by virtue of an order of execution or sale for delinquency in the payment of
taxes, or repurchase of the property so sold, the basis of the fees in each
registry shall be ten per centum of the selling or repurchase price of
the property lying within the jurisdiction of the registry.

“(k) Affidavit of consolidation of ownership.—In an affidavit for
the consolidation of ownership over a property sold with pacto de retro
or pursuant to an extra-judicial foreclosure under the provisions of Act
Numbered Thirty-one hundred and thirty-five as amended, the basis of the fees in
each registry shall be an amount equivalent to ten per centum of the
consideration of the sale in the respective city or province.

“(l) Contract of lease.—In contracts of lease, the basis of the fees
in each registry shall be the sum total to be paid by the lessee for the
properties situated in the respective city or province during the entire period
specified in the contract, including the extension contemplated by the parties
which may be given effect without the necessity of further registration. If the
period is from year to year, or otherwise not fixed, the basis shall be the
total amount of rentals due for thirty months. If the rentals are not
distributed, the total amount thereof as above computed shall be apportioned to
said properties in accordance with their assessed values, and the proportionate
sum thus obtained for each city or province shall be the basis of the fees to be
collected in the registry concerned.

“(m) Termination of Lease.—In the termination of a lease, the basis
of the fees in each registry shall be ten per centum of the amount used
as basis for the collection of the fees paid for the registration of said
lease.

“(n) Option to purchase or promise to sell.—In contracts of option
to purchase or promise to sell, the basis of the fees in each registry shall be
ten per centum of the current assessed value of the property subject of
such contract in the respective city or province.

“(o) Consideration not stated or fixed or less than assessed
value.—In other transactions where the actual value of the consideration is
not fixed in the contract or cannot be determined from the terms thereof, or, in
case of a sale, conveyance, or transfer, the consideration stated is less than
the current assessed value of the property, the basis of the fees shall be the
current assessed value of the property involved in the transaction. If the
properties are situated in different cities or provinces, the basis of the fees
in each registry shall be the current assessed value of the properties lying
within the jurisdiction of the registry concerned.

“18. Issuance of copy document.—For furnishing copies of any entry,
decree, document, or other papers on file, fifty centavos for each hundred words
or fraction thereof contained in the copies thus furnished.

“19. Certified copy.—For certifying a copy furnished under the next
preceding paragraph, for each certification, five pesos for one page and one
peso for each additional page certified.

“20. Certification.—For issuing a certificate relative to, or
showing the existence or nonexistence of, an entry in the registration books 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 hundred words, or fraction thereof, in excess
of the first two hundred words.

“21. Research fee.—For services rendered in attending to requests
for reference or researches on any records or documents on file in the registry,
there shall be collected two pesos per document or
record.”

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