[ Act No. 2556., February 01, 1916 ]
AN ACT TO REPEAL SECTION THIRTY AND FURTHER AMEND SECTION ONE HUNDRED AND FOURTEEN OF ACT NUMBERED FOUR HUNDRED AND NINETY-SIX, ENTITLED "THE LAND REGISTRATION ACT," AS AMENDED BY ACTS NUMBERED SIXTEEN HUNDRED AND FORTY-EIGHT AND SIXTEEN HUNDRED AND NINETY-NINE, AND ELEVEN HUNDRED AND EIGHT, SIXTEEN HUNDRED AND FORTY-EIGHT AND TWENTY-TWO HUNDRED AND TWENTY-ONE, RESPECTIVELY, BY ABOLISHING THE CERTIFICATES OF ENTRIES ISSUED BY THE REGISTERS OF DEEDS IN REGISTRATION PROCEEDINGS AND PROVIDING THAT THE APPLICANT SHALL IN CERTAIN CASES PAY THE AMOUNT OF THE REGISTRATION EXPENSES WHEN THESE EXCEED THE SUM PAID AS FEES.
By authority of the United States, be it enacted by the Philippine Legislature, that:
SECTION 1. Section one hundred and fourteen of Act Numbered Four hundred and ninety-six, entitled "The Land Registration Act," as amended by Acts Numbered Eleven hundred and eight, Sixteen hundred and forty-eight and Twenty-two hundred and twenty-one, is hereby further amended to read as follows:
"SEC. 114. Fees payable under this Act shall be as follows:
"From the time of filing the application until the final determination of each case, for all services performed by the clerk or his deputies in each case, except the taking of affidavits or acknowledgments, including filing, entering, indexing, and recording all documents, plans, orders, decrees, and other papers, all notices by mail or publication, and a certified copy of the decree of registration, if any there be, there shall be paid by the applicant to the clerk the sum in the following table corresponding to the value of the property, which shall be the assessed value if the property is assessed, otherwise the market value, determined as provided in section ninety-nine of this Act:
"(1) Property not exceeding two hundred pesos in value, ten pesos.
"(2) Property not exceeding one thousand pesos but over two hundred pesos in value, thirty pesos.
"(3) Property not exceeding two thousand pesos but over one thousand pesos in value, forty pesos.
"(4) Property not exceeding ten thousand pesos but over two thousand pesos in value, fifty pesos.
"(5) Property not exceeding fifty thousand pesos but over ten thousand pesos in value, eighty pesos.
"(6) Property not exceeding one hundred thousand pesos but over fifty thousand pesos in value, one hundred pesos.
"(7) Property exceeding one hundred thousand pesos in value, two hundred pesos.
"Provided, however, That in all cases in which the assessed value of the property, or its market value, if not assessed, covered by any proceeding, is more than fifty thousand pesos and the expense incurred by the General Land Registration Office for the preparation of the notice, the publication thereof in the Official Gazette, and the stamps used in mailing copies of said notice to the interested parties exceeds the sum paid as fees under paragraphs (6) and (7) of the schedule above inserted, such excess shall be refunded by the applicant to the General Land Registration Office prior to the issuance of the final decree by the chief of said Office: Provided further, That in case of the dismissal of the proceedings, the court shall issue an order of execution against the applicant for the collection of the said excess expense.
"(8) For all services by a sheriff or other officer under this Act, the same fees as are now provided by law for like services.
"(9) For entry of original certificate of title, and issuing one duplicate certificate, six pesos.
"(10) For making and entering a new certificate of title, including issue of one duplicate certificate, two pesos.
"(11) For each duplicate certificate, after the first, one peso.
"(12) For the registration of every instrument, whether single or in duplicate or triplicate, including entering, indexing, and filing the same, and attesting registration thereof, and also making and attesting copy of memorandum pn one instrument or on a duplicate certificate when required, three pesos.
"(13) For making and attesting copy of memorandum on each additional instrument or duplicate certificate if required, one peso.
"(14) For filing and registering an adverse claim, six pesos.
"(15) For entering statement of change of residence or post-office address, including indorsing and attesting the same on a duplicate certificate, fifty centavos.
"(16) For entering any note in the entry book or in the registration book, fifty centavos.
"(17) For the registration of a suggestion of death or notice of bankruptcy, insolvency, or analogous proceeding, fifty centavos.
"(18) For the registration of a discharge or release of mortgage or other instrument creating an incumbrance, one peso.
"(19) For the registration of any levy, or of any discharge or dissolution of any attachment or levy, or of any certificate of or receipt for the payment of taxes, or notice of any pending action, or of a judgment or decree, one peso.
"(20) For indorsing on any mortgage, lease, or other instrument a memorandum of partition, two pesos.
"(21) For every petition filed under this Act after original registration, two pesos.
"(22) For a certified copy of any decree or registered instrument, the same fees as are provided by the Code of Procedure in Civil Actions and Special Proceedings for clerks of Courts of First Instance for like services.
"(23) In all cases not expressly provided for by the law the fees of all public officers for any official duty or service under this Act shall be at the same rate as those prescribed herein for like services.
"Upon the sale and transfer by the Government of the Philippine Islands of the title to those haciendas and parcels of lands commonly known as the friar lands, or any portion thereof, the sales value of which does not exceed five hundred pesos, the fees of the several registers of deeds for making and entering a new certificate of title, including the issue of one duplicate certificate, and for the registration of same, including entering, indexing, filing and attesting thereof; and also making and attesting copy of memorandum on duplicate certificate shall be as follows, and no others shall be lawful:
"When the sale value of the property does not exceed one hundred pesos, fifty centavos.
"When the sale value of the property exceeds one hundred pesos but does not exceed three hundred pesos, one peso.
"When the sale value of the property exceeds three hundred pesos but does not exceed five hundred pesos, two pesos:
"Provided, however, That at the time of making and entering any new certificate of title in any and all sales of a portion or portions of the friar lands, no fees shall be charged or collected by the several registers of deeds for the necessary indorsements on the certificate or certificates of title retained by the Government of the Philippine Islands."
SEC. 2. Section thirty of Act Numbered Four hundred and ninety-six, entitled "The Land Registration Act", as amended by section five of Act Numbered Sixteen hundred and forty-eight and section seven of Act Numbered Sixteen hundred and ninety-nine, is hereby repealed.
SEC. 3 This Act shall take effect on its passage and shall have retroactive effect so far as section one hereof is concerned and shall be applicable to all cases in which a final decree has not been issued at the time of its passage.
Enacted, February 1, 1916.
SECTION 1. Section one hundred and fourteen of Act Numbered Four hundred and ninety-six, entitled "The Land Registration Act," as amended by Acts Numbered Eleven hundred and eight, Sixteen hundred and forty-eight and Twenty-two hundred and twenty-one, is hereby further amended to read as follows:
"SEC. 114. Fees payable under this Act shall be as follows:
"From the time of filing the application until the final determination of each case, for all services performed by the clerk or his deputies in each case, except the taking of affidavits or acknowledgments, including filing, entering, indexing, and recording all documents, plans, orders, decrees, and other papers, all notices by mail or publication, and a certified copy of the decree of registration, if any there be, there shall be paid by the applicant to the clerk the sum in the following table corresponding to the value of the property, which shall be the assessed value if the property is assessed, otherwise the market value, determined as provided in section ninety-nine of this Act:
"(1) Property not exceeding two hundred pesos in value, ten pesos.
"(2) Property not exceeding one thousand pesos but over two hundred pesos in value, thirty pesos.
"(3) Property not exceeding two thousand pesos but over one thousand pesos in value, forty pesos.
"(4) Property not exceeding ten thousand pesos but over two thousand pesos in value, fifty pesos.
"(5) Property not exceeding fifty thousand pesos but over ten thousand pesos in value, eighty pesos.
"(6) Property not exceeding one hundred thousand pesos but over fifty thousand pesos in value, one hundred pesos.
"(7) Property exceeding one hundred thousand pesos in value, two hundred pesos.
"Provided, however, That in all cases in which the assessed value of the property, or its market value, if not assessed, covered by any proceeding, is more than fifty thousand pesos and the expense incurred by the General Land Registration Office for the preparation of the notice, the publication thereof in the Official Gazette, and the stamps used in mailing copies of said notice to the interested parties exceeds the sum paid as fees under paragraphs (6) and (7) of the schedule above inserted, such excess shall be refunded by the applicant to the General Land Registration Office prior to the issuance of the final decree by the chief of said Office: Provided further, That in case of the dismissal of the proceedings, the court shall issue an order of execution against the applicant for the collection of the said excess expense.
"(8) For all services by a sheriff or other officer under this Act, the same fees as are now provided by law for like services.
"(9) For entry of original certificate of title, and issuing one duplicate certificate, six pesos.
"(10) For making and entering a new certificate of title, including issue of one duplicate certificate, two pesos.
"(11) For each duplicate certificate, after the first, one peso.
"(12) For the registration of every instrument, whether single or in duplicate or triplicate, including entering, indexing, and filing the same, and attesting registration thereof, and also making and attesting copy of memorandum pn one instrument or on a duplicate certificate when required, three pesos.
"(13) For making and attesting copy of memorandum on each additional instrument or duplicate certificate if required, one peso.
"(14) For filing and registering an adverse claim, six pesos.
"(15) For entering statement of change of residence or post-office address, including indorsing and attesting the same on a duplicate certificate, fifty centavos.
"(16) For entering any note in the entry book or in the registration book, fifty centavos.
"(17) For the registration of a suggestion of death or notice of bankruptcy, insolvency, or analogous proceeding, fifty centavos.
"(18) For the registration of a discharge or release of mortgage or other instrument creating an incumbrance, one peso.
"(19) For the registration of any levy, or of any discharge or dissolution of any attachment or levy, or of any certificate of or receipt for the payment of taxes, or notice of any pending action, or of a judgment or decree, one peso.
"(20) For indorsing on any mortgage, lease, or other instrument a memorandum of partition, two pesos.
"(21) For every petition filed under this Act after original registration, two pesos.
"(22) For a certified copy of any decree or registered instrument, the same fees as are provided by the Code of Procedure in Civil Actions and Special Proceedings for clerks of Courts of First Instance for like services.
"(23) In all cases not expressly provided for by the law the fees of all public officers for any official duty or service under this Act shall be at the same rate as those prescribed herein for like services.
"Upon the sale and transfer by the Government of the Philippine Islands of the title to those haciendas and parcels of lands commonly known as the friar lands, or any portion thereof, the sales value of which does not exceed five hundred pesos, the fees of the several registers of deeds for making and entering a new certificate of title, including the issue of one duplicate certificate, and for the registration of same, including entering, indexing, filing and attesting thereof; and also making and attesting copy of memorandum on duplicate certificate shall be as follows, and no others shall be lawful:
"When the sale value of the property does not exceed one hundred pesos, fifty centavos.
"When the sale value of the property exceeds one hundred pesos but does not exceed three hundred pesos, one peso.
"When the sale value of the property exceeds three hundred pesos but does not exceed five hundred pesos, two pesos:
"Provided, however, That at the time of making and entering any new certificate of title in any and all sales of a portion or portions of the friar lands, no fees shall be charged or collected by the several registers of deeds for the necessary indorsements on the certificate or certificates of title retained by the Government of the Philippine Islands."
SEC. 2. Section thirty of Act Numbered Four hundred and ninety-six, entitled "The Land Registration Act", as amended by section five of Act Numbered Sixteen hundred and forty-eight and section seven of Act Numbered Sixteen hundred and ninety-nine, is hereby repealed.
SEC. 3 This Act shall take effect on its passage and shall have retroactive effect so far as section one hereof is concerned and shall be applicable to all cases in which a final decree has not been issued at the time of its passage.
Enacted, February 1, 1916.