CHATTEL NOTE: Even if the property mortgaged is in
the possession of the debtor, creditors are
MORTGAGE LAW protected in that the chattel mortgage is
made effective against third persons by the
(Act 1508) process of registration, to protect creditors
against possible disposal of the property by the debtor.
Land Settlement & Dev. Corp. v. Carlos
1. Chattel Mortgage Defined – By chattel (1968) mortgage, personal property is recorded Should the creditor bring an action on the in the Chattel Mortgage Registry as principal obligation, like suing on the security for the performance of an promissory note, this amounts to a obligation. (Art. 2140, Civil Code.) “discharge” of the chattel mortgage so that the debtor may now dispose of the personal property given in a chattel mortgage without The old definition under Sec. 3 of Act the necessity of a release of the mortgage. No. 1508 which considered a chattel The debtor does not thereby commit estafa. mortgage as a “conditional sale” was considered inaccurate by the Code Movido v. RFC (1959) Commission. (Serra v. Rodriguez, 56 A mortgagee who sues and obtains a SCRA 538 [1974]). personal judgement against a mortgagor upon his credit waives thereby his right to enforce NOTE: The Ship Mortgage Decree of 1978 the mortgage securing it. (Also Serra v. (Pres. Decree No. 1521) governs the Rodriguez, 56 SCRA 538 [1974]). mortgage of vessels of domestic ownership. Southern Motors v. Moscoso (1961) The complaint is an ordinary civil action for recovery of the remaining unpaid balance due on the promissory note. The plaintiff had not 2. Comparison with Pledge: adopted the procedure or methods outlined by CHATTEL PLEDGE Sec. 14 of the Chattel Mortgage Law but MORTGAGE those prescribed for ordinary civil actions. Since herein appellee has chosen to exact the both refer to personal property fulfillment of the appellant's obligation, it may Property remains Creditor takes enforce execution of the judgment that may in possession of possession of prop be favorably rendered hereon, on all personal debtor and real properties of the latter not exempt Can recover No recovery of from execution sufficient to satisfy such deficiency deficiency. judgment. judgment Excess of Debtor not entitled proceeds from to excess, unless foreclosure goes stipulated 3. Proper Subject Matter – Sec. 2, read to persons holding with Sec. 7: Only personal property may subsequent be subject of chattel mortgage (personal mortgages, then property as defined by the Civil Code). to mortgagor (S14) Exceptions: Debtor can No redemption redeem before (a) By exercising the freedom to the sale, when contract that the law gives the condition of them, parties may stipulate that the chattel as between them, real property, mortgage is such as building, may be broken. (Sec. 13) considered personal for Mortgagor can sell Pledgor can sell purposes of the chattel property thing with consent mortgage law. But this cannot mortgaged, of pledgee affect third persons. (Navarro subject to the v. Pineda, 9 SCRA 631 [1963]: mortgage Tumulad v. Vicencio, 41 SCRA 143 [1971]).
[Bobbie_StaMaria.printing] [Miles Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law] 202 BUT: It shall still be executed as a real property and subject to the rules on foreclosure of Exception: Where the debtor gives as real estate mortgage. security, the stock or merchandise in his store and it is the “intention” of the (b) Section 6: a chattel mortgage parties that the mortgage shall cover the can be executed on growing stock that will take its place in the course crops (which under the Civil of the business. (Torres v. Limjap, 56 Phil. Code are real property). 141 [1931]).
BUT: If the creditor wants to Torres v. Limjap (1931)
attach growing crops, the The provision of Sec. 7 is deemed not to apply to “stores open to the public for retail business procedure is still the same as where the goods are constantly sold and in attachment of real substituted with new stock, such as drug stores, property. grocery stores, dry goods stores, etc.” A stipulation in the mortgage extending its Piansay vs David (1964) coverage to properties acquired after its Regardless of the validity of a contract constitution is valid and binding “where the after- constituting a chattel mortgage on a house, acquired property is in renewal of, or in as between the parties to said contract, the substitution for, goods on hand when the same cannot and does not bind third mortgage was executed, or is purchased with persons, who are not parties to the the proceeds of the sale of such goods.” aforementioned contract or their privies
Tumalad vs Vicencio (1971)
The house on rented land is not only expressly designated as Chattel Mortgage; 5. “After-Incurred” Obligations – While a it specifically provides that "the mortgagor ... pledge, real estate mortgage, or voluntarily CEDES, SELLS and antichresis may exceptionally secure TRANSFERS by way of Chattel Mortgage after-incurred obligations so long as these the property together with its leasehold future debts are accurately described, a rights over the lot on which it is constructed chattel mortgage can only cover and participation." Moreover, the subject obligations existing at the time the house stood on a rented lot to which mortgage is constituted. defendats-appellants merely had a temporary right as lessee, and although this Therefore, although a promise expressed can not in itself alone determine the status in the chattel mortgage to include debts of the property, it does so when combined that are yet to be contracted can be a with other factors to sustain the binding commitment that can be interpretation that the parties, particularly compelled upon, the security itself, the mortgagors, intended to treat the house however, does not come into existence or as personalty. arise until after a chattel mortgage Makati Leasing v. Wearever Textile agreement covering the newly contracted (1983) debt is executed either by concluding a Although machineries permanently affixed fresh chattel mortgage or by amending to a building are classified as real property the old contract conformably with form under the Civil Code, the parties may validly prescribed by the Chattel Mortgage Law. subject such machineries to a chattel mortgage and shall be found by the validity This ruling is due to the requirement in therefore by the doctrine of estoppel. Such the Affidavit of Good Faith which must an arrangement however cannot prejudice contain an oath that – “the mortgage is the rights of third parties to whom the made for the purpose of securing the machineries would still be treated as real obligation specified in the conditions property. thereof, and for no other purpose, and that the same is a just and valid obligation, and one not entered into for the purpose of fraud – which makes it 4. “After-Acquired” Properties – The obvious that the debt referred to in the chattel mortgage shall cover only the law is current, not an obligation that is yet property described in the deed and not merely contemplated. (Acme Shoe, any other like or substituted property. Rubber & Plastic Corp. v. Court of (Sec. 7).
[Bobbie_StaMaria.printing] [Miles Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law] 203 Appeals, 73 SCAD 410, 260 SCRA 714 Register with the Motor Vehicle [1996]). Commission, now Land Transportation Office. (Borlough v. Fortune Enterprises, 100 Phil. 1063 [1957]). Otherwise, the failure of the 6. Registration Requirements to Make mortgagee to report the mortgage Chattel Mortgage Binding Against executed in his favor has the effect of Third Parties – Under Sec. 4, a chattel making said mortgage ineffective mortgage leaves the property in the against a purchaser in good faith who possession of the debtor. Hence, this registers his purchase in the motor section lays down the requisites which vehicle office. must be complied with in order to make a chattel mortgage affect third parties for the protection of the creditor. (d) Vessels
1. Register with the Philippine
(a) General Rule: The chattel Coastguard mortgage must be registered with the Register of Deeds where the 2. Must also be registered in the debtor resides in order to bind Bureau of Customs in Manila (if in third persons. (Sec. 4). Manila) or in the Office of the Collector of Customs in the port If mortgagor resides abroad, of entry (if outside Manila) must be registered in the province where the property is located (e) Motor vehicle which is public utility and loan is not repayable within 1 But note: Art 2125 of the Civil year Code says that a chattel mortgage is binding between the mortgagor Register with the Land and mortgagee even if not Transportation Franchising and registered (Filipinas Marble Corp Regulatory Board vs. IAC, 142 SCRA 180, 1986)
(b) Share of Stock: 7. Affidavit of Good Faith – It is an oath
b wherein the parties “severally swear that 1. Must be registered with the the mortgage is made for the purpose of Register of Deeds where the securing the obligations specified in the debtor resides: and conditions thereof and for no other 2. (ii) Must also be registered purposes and that the same is a just and with the Register of Deeds valid obligation and one not entered into where the corporation has its for the purpose of fraud.” (Sec. 5). principal office. Under Sec. 5, the absence of the affidavit NOTE: Registration in the stock and vitiates a mortgage as against third transfer book of the corporation is parties without notice, like creditors and not necessary. (Chua Guan v. subsequent lienholders; but not as Samahang Magsasaka, 62 Phil. 472 between the parties thereto, which [1935]). remains valid as to them. (Lilius v. Manila Railroad Co., 62 [1935]).
(c) Motor Vehicles: Where a corporation is a party, the
affidavit of good faith must be subscribed 1. Register with the Register of by an authorized officer. (Sec. 6). Deeds where the debtor resides;
[Bobbie_StaMaria.printing] [Miles Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law] 204 (ii) Selling or pledging personal 8. Other Formal Requirements property already mortgaged, without the consent of the mortgagee written Must be signed in the presence of at on the back of the mortgage and duly least 2 witnesses recorded in the Chattel Mortgage Certificate of oath / Notarial Register. acknowledgment Note: Mortgagor remains owner of the property. He can therefore validly sell the Additional Material : Sec. 198 of the chattel, although he will be criminally liable if RAC he did not get consent of mortgagee. "Sec. 198. Registration of chattel mortgages and fees collectible in Compare with: If the mortgagee sells the connection therewith. Every register of credit, he only needs to notify the deeds shall keep a primary entry book mortgagor, so mortgagor knows whom to and a registration book for chattel pay (Servicewide Specialists vs. CA) mortgages. 3rd party mortgage or accommodation The recording of a mortgage shall be chattel mortgage does not by itself effected by making an entry, setting make the mortgagee personally liable forth the names of the mortgages and for the loan that he accommodated the mortgagor, the sum or obligation (Cerna vs. CA, 220 SCRA 517, 1993) 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 10. Remedies of Creditor (Sec. 13): the terms and conditions of the mortgage, is mentioned in detail in the (a) Extra-judicial Foreclosure – instrument filed, giving the proper file presupposes voluntary surrender to number thereof. sheriff of personal property by debtor. Creditor then files The register of deeds shall also certify affidavitoutlining right to possession the officer's return of sale upon any and sale. Posting of notice of sale mortgage, and a reference of such must be made on two places in the return on the record of the mortgage “Presidencia” plus notice to debtor itself, and give a certified copy thereof; 10 days before the sale. (Mambulao Lumber v. PNB, 22 SCRA 359 [1968]).
9. Liabilities: Place must be designated in the
contract; otherwise the creditor is (a) Where the debtor performs and the liable for conversion. creditor refuses to release the mortgage, debtor may go to court Parties may agree on private sale for relief. (Sec. 8). rather than sale at public auction. (PNB v. Manila Investment, 38 (b) Secs. 9 to 12 have been repealed SCRA 462 [1971]). by Art. 319 of the Revised Penal Code on crimes on Chattel Mortgage: Note SC Circular 7-2002 : GUIDELINES FOR THE (i) Knowingly removing any personal ENFORCEMENT OF SC RESOLUTION property mortgaged under the OF DEC 14, 1999 IN A.M. 99-10-05- Chattel Mortgage Law to any 0 (RE: PROCEDURE IN EXTRA- province or city other than the one JUDICIAL FORECLOSURE OF in which it was located at the time of MORTGAGE) the execution of the mortgage, without the written consent of the Sec. 1. All applications for mortgagee; extra-judicial foreclosure of mortgage shall be filed with the
[Bobbie_StaMaria.printing] [Miles Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law] 205 Executive Judge, through the within 5 days from Clerk of Court. notice. b. The sale shall be made Sec. 2. The Clerk of Court at a place in the shall: municipality where the xxx mortgagor resides or where the property is c. Collect the appropriate situated filing fees and issues the corresponding official receipt. Sec. 6. The Clerk of Courts shall collect the appropriate fees, d. In case the application computed on the basis of the is for real estates and/or amount actually collected by him. chattels in different This shall not be subject to a locations covering one refund even if the foreclosed indebtedness, issue a property is subsequently certificate of payment redeemed.. indicating the amount of indebtedness, the filing Sec. 7 & 8. The Sheriff shall, fees collected, the within 30 days from the sale, mortgages sought to be prepare a return and file the foreclosed, the real same in the Office of the Registry estates and/or chattels of Deeds where the mortgage is mortgaged and their recorded. He shall report the respective locations, for name/s of the bidder/s to the purposes of having the Clerk of Court. application docketed with the Clerks of Court in the Sec. 9. The Clerk of Court shall places where the other issue and sign the Certificate of properties are located. Sale, subject to the approval of the Executive Judge. Prior to the Sec. 4. The Sheriff shall: issuance of such, the Clerk of In case of foreclosure of a court shall, in extra-judicial chattel mortgage, post the foreclosure conducted under the notice for at least 10 days in 2 sheriff, collect P300.00; in sales or more public places in the conducted under a notary public, municipality where the the appropriate fees pursuant to mortgagor resides or where Rule 141, §20(e). the property is situated Sec. 10. The Clerk of Court shall Sec. 5. Conduct of the extra- keep the complete records for a judicial foreclosure sale – period of 1 year from the date of a. The bidding shall be registration of the certificate of made through sealed sale with the Register of Deeds, bids which must be after which the records shall be submitted to the archived. Juridical persons whose Sheriff who shall property is sold pursuant to an conduct the sale between 9 am and 4 extra-judicial foreclosure shall pm. The property have the right to redeem the shall be awarded to property until, but not later than, the party submitting the registration of the certificate the highest bid ; in of foreclosure sale which in no case of a tie, an case shall be more than 3 months open bidding shall be after foreclosure, whichever is conducted between earlier. the highest bidders. In case the property is redeemed, Payments shall be the Clerk of Court shall assess the made in cash or redemptioner’s fee as provided in manager’s check, in Section 7 (k), Rule 141. If the Philippine currency, property is not redeemed, the
[Bobbie_StaMaria.printing] [Miles Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law] 206 Clerk of Court shall, as a requisite for the issuance of the final Deed of Sale, assess the highest bidder the amount of What is the Recto law? P300.00. The Recto law, which is now reflected in Articles 1484-1485 of the Civil Code, which (b) Should debtor refuse to surrender provides that in a contract of sale of personal the property, creditor may take property, the price of which is payable in the preliminary step of replevin installments, the vendor may exercise any of and once he has possession, the following remedies: proceed at public auction as in remedy No. 1. (a) Exact fulfillment of the obligation, should the vendee fail to pay Important: Creditor must seek (specific performance); court remedy to obtain possession (Filinvest Credit Corp vs. CA, 248 (b) Cancel the sale, should the vendee's SCRA 549, 1995). Otherwise, that failure to pay cover two or more would be pactum commissorium installments (Note that this is not (Esguerra vs. CA, 173 SCRA 1, the same as rescission because 1989) here, the vendor gets back the object of the sale and retains the (c) Judicial Foreclosure – follow the installments paid. However, this is same procedure as foreclosure of not available in the absence of real estate mortgage under Sec. stipulation in the contract.); 8, Rule 68, Rules of Court. (c) Foreclose the chattel mortgage on (d) Sue on the Note – waive the the thing sold, if one has been chattel mortgage; hence, one can constituted, should the vendee's levy on other properties. failure to pay cover 2 or more (Industrial Finance Corp. v. installments. In this case, he shall Ramirez, 77 SCRA 152 [1977]). have no further action against the purchaser to recover any unpaid balance of the price. Any agreement to the contract is void. 11. Deficiency Judgement: (The principal object of this General Rule: Creditor shall always be amendment was to remedy the entitled to collect the deficiency abuses committed in judgement. (Ablaza v. Ignacio, 103 Phil. connection with the foreclosure 1151 [1958]). of chattel mortgages. This amendment prevents When the proceeds of the sale are mortgagees from seizing the insufficient to cover the debts in an mortgaged property, buying it extra-judicial foreclosure of chattel at foreclosure sale for a low mortgage, the mortgagee is entitled to price, and then bringing the claim the deficiency from the debtor. suit against the mortgagor for a (State Investment House, Inc. v. CA, deficiency judgment. The 217 SCRA 32 [1993]). almost invariable result of this procedure was that the Prescriptive Period: Ten (10) years mortgagor found himself minus under Art, 1142 of the Civil Code. (DBP the property and still owing v. Tomeldan, 101 SCRA 171 [1980]). practically the full amount of his original indebtedness.) Exception: If the property was sold in installments, the mortgagee can no These remedies are alternative, not longer take any action against the cumulative. (Pacific Commercial Co. v. purchaser to recover any unpaid balance Dela Rama, 72 Phil. 380) of the price. Any agreement to the contrary is void. (Art. 1484, Civil Code, aka the Recto Law)
[Bobbie_StaMaria.printing] [Miles Malaya.lectures] [Japee_DeLeon.poli_law] [Ascheia_Yumul.rem_law] [Paul_Sorino/Judy_Ripol.civ_law] [Hya_Rafael/Mac_Macapagal.crim_law] [Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law] [Ces_Sicangco/Rowena_Romero.tax_law] 207 Filipinas Investement v. Vitug (1969) foreclosure of the chattel mortgage on the When the creditor can no longer recover object of the sale bars recovery on any from the maker of the note with chattel deficiency. mortgage because the deficiency is covered by the Recto Law, after the foreclosure of Ridad vs Filipinas Investment (1983) the mortgage, said creditor can still recover The precise purpose of the law is to prevent balance from the endorse who endorsed mortgagees from seizing the mortgaged “with recourse”. property, buying it at foreclosure sale for a low price and then bringing suit against the Cruz v. Filipinas Investment (1968) mortgagor for a deficiency judgment, Facts: C sold to D a car payable on otherwise, the mortgagor-buyer would find installments. The car was given as security himself without the property and still owing by way of chattel mortgage to secure practically the full amount of his original payment. In addition, the debtor put up a indebtedness. The corporation elected to real estate mortgage as further security for foreclose its mortgage upon default by the the payment of the debt. D did not pay 2 or plaintiffs in the payment of the agreed more installments and so C foreclosed the installments. Having chosen to foreclose the chattel mortgage. The proceeds therefrom chattel mortgage, and bought the purchased were insufficient and so C wanted to get a vehicles at the public auction as the highest deficiency judgment and satisfy it by bidder, it submitted itself to the consequences foreclosing on the real estate mortgage. of the law as specifically mentioned. Held: The established rule is to the effect that the foreclosure and actual sale of a Bicol Savings and Loan Asso. v. Guinhawa mortgaged chattel bars further recovery (1990) (whether by judicial or extra-judicial The prohibition under the Recto Law against foreclosure) by the vendor, of any balance recovery does not apply to foreclosure of on the purchaser’s outstanding obligation chattel mortgage constituted to secure a loan not so satisfied by the public sale. To allow and not originating from a sales transaction. further recovery by the foreclosure of the real estate mortgage is contrary to public policy.
Northern Motors v. Sapinoso (1970)
Facts: Northern Motors sold a car to Sapinoso on installments. A chattel mortgage was executed on the car sold. When S failed to pay 2 or more installments, NM sought to foreclose the chattel mortgage and asked the court for a writ of replevin. Meantime, S made several payments while the replevin suit was pending. The lower court ruled that NM, by bringing the suit, was barred from accepting any further payments from S and ordered NM to reimburse the amount collected. Held: The court a quo erred in concluding that the legal effect of the filing of the action for replevin was to bar NM from accepting further payments on the promissory note. That the ultimate objective of the action was for the foreclosure of the chattel mortgage is of no moment, for it is the fact of foreclosure “and” actual sale at public auction of the mortgaged chattel that bars further recovery by the vendor of any balance on the buyer’s outstanding obligation not satisfied by the sale.
Pascual v. Universal Motors (1974)
When the seller imposes a double security by a chattel mortgage of the thing sold on installments and another mortgage on another property of the buyer, such is contrary to the public policy sought to be protected by the Recto Law, and the