Guidelines in the Assessment of Legal Fees and Sheriff's Trust Fund in Cadastral and Land Registration Cases

June 17, 2022

OCA CIRCULAR NO. 107-2022-A

 

For a more orderly conduct of the assessment of legal fees and Sheriff's Trust Fund for Cadastral and Land Registration cases all Clerks of Court, Branch Clerks of Court, Officers-in-Charge/Acting Clerks of Court of the First and Second Level Courts are hereby DIRECTED to ADOPT the following guidelines:

1. In accordance with Presidential Decree No. 1529 [Amending and Codifying the Laws Relative to Registration of Property and for Other Purposes] (PD 1529), 1 Cadastral and Land Registration cases shall CONSIST of Petitions for:

(a) Application for Registration of Title to Land (Sec. 14, PD 1529);

(b) Review of the Decree of Registration (Sec. 32, PD 1529);

(c) Registration Represented by the Solicitor General for Public Interest (Sec. 36, PD 1529);

(d) Cancellation of Adverse Claim (Sec. 70, PD 1529);

(e) Application for New Certificate upon Expiration of Redemption Period (Sec. 75, PD 1529);

(f) Surrender of Duplicate Certificate (Sec. 79 & 107, PD 1529);

(g) Amendment and Alteration of Certificates (Sec. 108, PD 1529);

(h) Replacement of Lost Duplicate Certificate (Sec. 109, PD 1529);

(i) Reconstitution of Lost or Destroyed Original of Torrens of Tile (Sec. 110, PD 1529);

(j) Cancellation of Encumbrance; and

(k) Issuance of Writ of Possession in Extrajudicial Foreclosure of Mortgages (OCA Circular No. 46-2022 dated 3 March 2022);

2. Cadastral and Land Registration cases shall be DOCKETED and ASSESSED with the appropriate legal fees for each title to land, or for each property involved in case of unregistered land, and shall hereinafter follow these additional guidelines:

2.1 A separate petition shall be PROVIDED for each title to land or property involved, except for Petitions for Issuance of Writ of Possession involving one indebtedness.

2.1.1 The exception provided for in Section 2.1 intends to cover only the circumstance whereby multiple properties were used as security for a single indebtedness or loan.

2.2 In petitions with Motion to Consolidate, the determination of the amount to be deposited to the Sheriff Trust Fund shall depend on the number of respondents; 2

3. Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts ("First Level Courts") shall HEAR and DETERMINE Cadastral or Land Registration cases involving uncontested lots, and contested lots the assessed value of which does not exceed One hundred thousand pesos (P100,000.00), 3 such value to be ascertained by the following:

a. if the land involved has not yet been assessed for taxation, by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or

b. from the corresponding tax declaration of the real property. 4

Nothing in Section 93 of P.D. 1529 shall in any way preclude the court from increasing the valuation of the property should it appear during the hearing that the value stated is too small. 5

3.1 It should be noted that Section 34 of Batas Pambansa Blg. 129, as amended, was not included in R.A. No. 11576 [An Act Further Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts, Amending for the Purpose Batas Pambansa Blg. 129, Otherwise known as "The Judiciary Reorganization Act of 1980," as Amended]. Thus, the value of contested lots which are the subject matter of Cadastral or Land Registration cases falling under this section is set at One Hundred Thousand Pesos (Php100,000.00);

3.2 Cadastral and Land Registration cases,which shall be cognizable by First Level Courts 6under their delegated jurisdiction as discussed in Item No. 3 of this Circular, shall be limited to those listed in letters (a) to (c) in this Circular's Item Number (1). Theseshall be ASSESSEDin the manner provided for in the table below.

 

Type of Fee	Legal Basis
Filing Fees	Sec. 8 (d), Rule 141
Summons Fee per respondent	Sec. 10 (a), Rule 141
MF	Sec. 9, Rule 141
LRF	PD 1856
VCF	Sec. 20, Rule 141
STF (per respondent if consolidated; otherwise, per case)	Par. 2, Sec. 10, Rule 141
LRAF (or Cadastral Fees):
Registration Fee (subject to change depending on the value of the property)	OCA Circular No. 24-2003 [Sec. 111 (A) (1) (a to e), LRA Circular No. 11-2002]
Posting of Notice Fee per Title	OCA Circular No. 24-2003 [Sec. 111 (B) (1), LRA Circular No. 11-2002]
Posting of Notice Fee for each group of 100 lots	OCA Circular No. 24-2003 [Sec. 111 (B) (2), LRA Circular No. 11-2002]

 

A sample computation for a parcel of land with an assessed value of Php100,000.00, is illustrated below:

 

P100,000.00 Assessed Value of the Property	Legal Basis of Fees/STF	Registration of Title to Land (No. 1 (a) Above)	Review of the Decree of Registration (No. 1 (b) Above)	No. 1 (c) Above
Assessed Value		P100,000.00	P100,000.00	P100,000.00
Filing Fees	Sec. 8 (d), Rule 141	P700.00	P700.00	Exempt
Summons Fee per respondent	Sec. 10 (a), Rule 141	200.00	200.00	Exempt
MF	Sec. 9, Rule 141	500.00	500.00	Exempt
LRF	PD 1856	10.00	10.00	Exempt
VCF	Sec. 20, Rule 141	5.00	5.00	Exempt
STF (per respondent if consolidated; otherwise, per case)	Par. 2, Sec. 10, Rule 141	1,000.00	1,000.00	1,000.00
LRAF (or Cadastral Fees):
Registration Fee (subject to change depending on the value of the property)	OCA Circular No. 24-2003 [Sec. 111 (A) (1) (c), LRA Circular No. 11-2002]	480.00	Not Applicable	Not Applicable
Posting of Notice Fee per Title	OCA Circular No. 24-2003 [Sec. 111 (B) (1), LRA Circular No. 11-2002]	18.00	Not Applicable	Not Applicable
Posting of Notice Fee for each group of 100 lots	OCA Circular No. 24-2003 [Sec. 111 (B) (2), LRA Circular No. 11-2002]	Not Applicable	18.00	Exempt
Amount to be Paid		P2,913.00	P2,433.00	P1,000.00

 

4. Cadastral and Land Registration cases listed in this Circular which do not fall under the delegated jurisdiction of the First Level Courts shall be cognizable by the Second Level Courts. 7Theseshall be ASSESSED in the manner provided for in the table below.

 

Type of Fee	Legal Basis
Filing Fees	Sec. 7 (b) (1), Rule 141
Summons Fee per respondent	Sec. 10 (a), Rule 141
MF	Sec. 9, Rule 141
LRF	PD 1856
VCF	Sec. 20, Rule 141
STF (per respondent if consolidated; otherwise, per case)	Par. 2, Sec. 10, Rule 141
LRAF (or Cadastral Fees):
Registration Fee (subject to change depending on the value of the property)	OCA Circular No. 24-2003 [Sec. 111 (A) (1) (a to e), LRA Circular No. 11-2002]
Posting of Notice Fee per Title	OCA Circular No. 24-2003 [Sec. 111 (B) (1), LRA Circular No. 11-2002]
Posting of Notice Fee for each group of 100 lots	OCA Circular No. 24-2003 [Sec. 111 (B) (2), LRA Circular No. 11-2002]

 

A sample computation for a parcel of land with an assessed value of Php100,001.00 for letters a to c is illustrated below:

 

Assessed Value of the Property is:	Legal Basis of Fees/STF	Registration of Title to Land (No. 1 (a) Above)	Review of the Decree of Registration (No. 1 (b) Above)	No. 1 (d, e, f, g, h & j) Above	No. 1 (c & i) Above
Assessed Value		P100,001.00	P100,001.00	Any Amount	P100,001.00 for Letter c and Any Amount for Letter i
Filing Fees	Sec. 7 (b) (1), Rule 141	P2,000.00	P2,000.00	P2,000.00	Exempt
Summons Fee per respondent	Sec. 10 (a), Rule 141	200.00	200.00	200.00	Exempt
MF	Sec. 9, Rule 141	500.00	500.00	500.00	Exempt
LRF	PD 1856	20.00	20.00	20.00	Exempt
VCF	Sec. 20, Rule 141	5.00	5.00	5.00	Exempt
STF (per respondent if consolidated; otherwise, per case)	Par. 2, Sec. 10, Rule 141	1,000.00	1,000.00	1,000.00	1,000.00
LRAF (or Cadastral Fees):
Registration Fee (subject to change depending on the value of the property)	OCA Circular No. 24-2003 [Sec. 111 (A) (1) (d), LRA Circular No. 11-2002]	540.00	Not Applicable	Not Applicable	Not Applicable
Posting of Notice Fee per Title	OCA Circular No. 24-2003 [Sec. 111 (B) (1), LRA Circular No. 11-2002]	18.00	Not Applicable	Not Applicable	Not Applicable
Posting of Notice Fee for each group of 100 lots	OCA Circular No. 24-2003 [Sec. 111 (B) (2), LRA Circular No. 11-2002]	Not Applicable	18.00	18.00	Exempt
Amount to be Paid		P4,283.00	P3,743.00	P3,743.00	P1,000.00

 

5. The fees on Petitions for Issuance of Writ of Possession in Extrajudicial Foreclosure of Mortgages shall be ASSESSED in this manner, pursuant to OCA Circular No. 46-2022 dated 3 March 2022:

 

Petitions for Issuance of Writ of Possession in Extrajudicial Foreclosure of Mortgages	Legal Basis of Fees	Amount
Filing Fees:
Reception of Evidence Fee	Sec. 21 (e), Rule 141	P500.00
Motion Fee 8	Sec. 21 (b), Rule 141	Suspended (En Banc Resolution dated 21 September 2004, in relation to A.M. No. 04-2-04-SC Re: Revised Upgrading Schedule of the Legal Fees in the Supreme Court and the Lower Courts under Rule 141 of the Rules of Court)
LRF	PD 1856	10.00
LRAF (or Cadastral Fees) for each petition/title	OCA Circular No. 24-2003 [Sec. 111 (A) (2), LRA Circular No. 11-2002]	120.00
Amount to be Paid		P630.00

 

6. All cases that were initially filed with the First Level Courts, in accordance with OCA Circular No. 107-2022, which should have been filed with the Second Level Courts, shall be unloaded to the latter courts. Docket fees already paid in all cases initially filed before the First Level Courts shall be considered as partial payment of docket fees. The difference shall be paid to the Second Level Courts and a new deposit for the STF shall be made by the proper party. The STF deposit made to the First Level Courts shall be refunded to the petitioner.

7. Guidelines on the Requisition, Issuance and Consumption of Official Receipts for Land Registration Authority Collections under OCA Circular No. 96-2006 shall be ADOPTED; and,

8. All collections for the Land Registration Authority Fund (LRAF) shall be DEPOSITED to the National Treasury-Land Registration Authority Clearing Account No. 3402-2574-73, under the Land Bank of the Philippines.

For your guidance and strict compliance.

(SGD.) RAUL B. VILLANUEVACourt Administrator

Footnotes

1. This took effect on 11 June 1978.

2. Paragraph 2 of Letter d (ii), of A.M. No. 17-12-09-SC, Re: Initial Recommendations on Administrative Adjustments from the Judiciary-Wide Committee on Legal Fees) under OCA Circular No. 36-2018 dated 26 February 2018.

3. Administrative Circular No. 6-93-A dated 15 November 1995, pursuant to Section 34 of Batas Pambansa Blg. 129, as amended by Republic Act No. 7691 which took effect on 14 April 1995. See also: Republic of the Philippines vs. Bantigue Point Development Corporation, (G.R. No. 162322, 14 March 2012).

4. Section 34 of Batas Pambansa Blg. 129, as amended by Republic Act No. 7691 which took effect on 14 April 1995.

5. Paragraph 2 of Section 93, Presidential Decree No. 1529.

6. The First Level Courts referred to in this section shall correspond to those listed in Section 34 of Batas Pambansa Blg. 129 as amended by Republic Act No. 7691 which took effect on 14 April 1995.

7. The Second Level Courts shall mean the Regional Trial Courts.

8. Considered as motion pursuant to OCA Circular No. 91-2021 dated 7 July 2021.