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201

CHATTEL
MORTGAGE LAW
(Act 1508)
1.

NOTE: Even if the property mortgaged is in


the possession of the debtor, creditors are
protected in that the chattel mortgage is
made effective against third persons by the
process of registration, to protect creditors
against possible disposal of the property by
the debtor.

Land Settlement & Dev. Corp. v. Carlos


(1968)
Should the creditor bring an action on the
principal obligation, like suing on the
promissory note, this amounts to a
discharge of the chattel mortgage so that the
debtor may now dispose of the personal
property given in a chattel mortgage without
the necessity of a release of the mortgage.
The debtor does not thereby commit estafa.

Chattel Mortgage Defined By chattel


mortgage, personal property is recorded
in the Chattel Mortgage Registry as
security for the performance of an
obligation. (Art. 2140, Civil Code.)
The old definition under Sec. 3 of Act
No. 1508 which considered a chattel
mortgage as a conditional sale was
considered inaccurate by the Code
Commission. (Serra v. Rodriguez, 56
SCRA 538 [1974]).

Movido v. RFC (1959)


A mortgagee who sues and obtains a
personal judgement against a mortgagor upon
his credit waives thereby his right to enforce
the mortgage securing it. (Also Serra v.
Rodriguez, 56 SCRA 538 [1974]).

NOTE: The Ship Mortgage Decree of 1978


(Pres. Decree No. 1521) governs the
mortgage
of
vessels
of
domestic
ownership.

2.

Comparison with Pledge:


CHATTEL
PLEDGE
MORTGAGE
both refer to personal property
Property remains
Creditor
takes
in possession of
possession of prop
debtor
Can recover
No recovery of
deficiency
deficiency.
judgment
Excess of
Debtor not entitled
proceeds from
to excess, unless
foreclosure goes
stipulated
to persons holding
subsequent
mortgages, then
to mortgagor
(S14)
Debtor can
No redemption
redeem before
the sale, when
the condition of
the chattel
mortgage is
broken. (Sec. 13)
Mortgagor can sell Pledgor can sell
property
thing with consent
mortgaged,
of pledgee
subject to the
mortgage

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
adopted the procedure or methods outlined by
Sec. 14 of the Chattel Mortgage Law but
those prescribed for ordinary civil actions.
Since herein appellee has chosen to exact the
fulfillment of the appellant's obligation, it may
enforce execution of the judgment that may
be favorably rendered hereon, on all personal
and real properties of the latter not exempt
from execution sufficient to satisfy such
judgment.

3.

Proper Subject Matter Sec. 2, read


with Sec. 7: Only personal property may
be subject of chattel mortgage (personal
property as defined by the Civil Code).
Exceptions:
(a)

By exercising the freedom to


contract that the law gives
them, parties may stipulate that
as between them, real property,
such as building, may be
considered
personal
for
purposes
of
the
chattel
mortgage law. But this cannot
affect third persons. (Navarro
v. Pineda, 9 SCRA 631 [1963]:
Tumulad v. Vicencio, 41 SCRA
143 [1971]).

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202
BUT: It shall still be executed
as a real property and subject
to the rules on foreclosure of
real estate mortgage.
(b)

Exception: Where the debtor gives as


security, the stock or merchandise in his
store and it is the intention of the
parties that the mortgage shall cover the
stock that will take its place in the course
of the business. (Torres v. Limjap, 56 Phil.
141 [1931]).

Section 6: a chattel mortgage


can be executed on growing
crops (which under the Civil
Code are real property).

Torres v. Limjap (1931)


The provision of Sec. 7 is deemed not to apply
to stores open to the public for retail business
where the goods are constantly sold and
substituted with new stock, such as drug stores,
grocery stores, dry goods stores, etc. A
stipulation in the mortgage extending its
coverage to properties acquired after its
constitution is valid and binding where the afteracquired property is in renewal of, or in
substitution for, goods on hand when the
mortgage was executed, or is purchased with
the proceeds of the sale of such goods.

BUT: If the creditor wants to


attach growing crops, the
procedure is still the same as
in
attachment
of
real
property.
Piansay vs David (1964)
Regardless of the validity of a contract
constituting a chattel mortgage on a house,
as between the parties to said contract, the
same cannot and does not bind third
persons, who are not parties to the
aforementioned contract or their privies
Tumalad vs Vicencio (1971)
The house on rented land is not only
expressly designated as Chattel Mortgage;
it specifically provides that "the mortgagor ...
voluntarily
CEDES,
SELLS
and
TRANSFERS by way of Chattel Mortgage
the property together with its leasehold
rights over the lot on which it is constructed
and participation." Moreover, the subject
house stood on a rented lot to which
defendats-appellants
merely
had
a
temporary right as lessee, and although this
can not in itself alone determine the status
of the property, it does so when combined
with other factors to sustain the
interpretation that the parties, particularly
the mortgagors, intended to treat the house
as personalty.
Makati Leasing v. Wearever Textile
(1983)
Although machineries permanently affixed
to a building are classified as real property
under the Civil Code, the parties may validly
subject such machineries to a chattel
mortgage and shall be found by the validity
therefore by the doctrine of estoppel. Such
an arrangement however cannot prejudice
the rights of third parties to whom the
machineries would still be treated as real
property.

4.

After-Acquired Properties The


chattel mortgage shall cover only the
property described in the deed and not
any other like or substituted property.
(Sec. 7).

5.

After-Incurred Obligations While a


pledge,
real
estate
mortgage,
or
antichresis may exceptionally secure
after-incurred obligations so long as these
future debts are accurately described, a
chattel
mortgage
can
only
cover
obligations existing at the time the
mortgage is constituted.
Therefore, although a promise expressed
in the chattel mortgage to include debts
that are yet to be contracted can be a
binding
commitment
that
can
be
compelled upon, the security itself,
however, does not come into existence or
arise until after a chattel mortgage
agreement covering the newly contracted
debt is executed either by concluding a
fresh chattel mortgage or by amending
the old contract conformably with form
prescribed by the Chattel Mortgage Law.
This ruling is due to the requirement in
the Affidavit of Good Faith which must
contain an oath that the mortgage is
made for the purpose of securing the
obligation specified in the conditions
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
obvious that the debt referred to in the
law is current, not an obligation that is yet
merely
contemplated.
(Acme
Shoe,
Rubber & Plastic Corp. v. Court of

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[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
[1996]).

6.

Register with the Motor Vehicle


Commission, now Land Transportation
Office.
(Borlough
v.
Fortune
Enterprises, 100 Phil. 1063 [1957]).
Otherwise,
the
failure
of
the
mortgagee to report the mortgage
executed in his favor has the effect of
making said mortgage ineffective
against a purchaser in good faith who
registers his purchase in the motor
vehicle office.

Registration Requirements to Make


Chattel Mortgage Binding Against
Third Parties Under Sec. 4, a chattel
mortgage leaves the property in the
possession of the debtor. Hence, this
section lays down the requisites which
must be complied with in order to make
a chattel mortgage affect third parties
for the protection of the creditor.
(a)

(d)

General
Rule:
The
chattel
mortgage must be registered with
the Register of Deeds where the
debtor resides in order to bind
third persons. (Sec. 4).

If mortgagor resides abroad,


must be registered in the
province where the property is
located

(e)

But note: Art 2125 of the Civil


Code says that a chattel mortgage
is binding between the mortgagor
and mortgagee even if not
registered (Filipinas Marble Corp
vs. IAC, 142 SCRA 180, 1986)
(b)

Share of Stock:

b
1.
2.

Must be registered with the


Register of Deeds where the
debtor resides: and
(ii) Must also be registered
with the Register of Deeds
where the corporation has its
principal office.

NOTE: Registration in the stock and


transfer book of the corporation is
not necessary. (Chua Guan v.
Samahang Magsasaka, 62 Phil. 472
[1935]).

(c)

Motor Vehicles:
1.

Register with the Register of


Deeds where the debtor resides;

2.

Register with the Register of


Deeds where the motor vehicle
is located; and

Vessels
1.

Register
with
Coastguard

the

Philippine

2.

Must also be registered in the


Bureau of Customs in Manila (if in
Manila) or in the Office of the
Collector of Customs in the port
of entry (if outside Manila)

Motor vehicle which is public utility


and loan is not repayable within 1
year
Register
with
the
Transportation
Franchising
Regulatory Board

7.

Land
and

Affidavit of Good Faith It is an oath


wherein the parties severally swear that
the mortgage is made for the purpose of
securing the obligations specified in the
conditions thereof and for no other
purposes and that the same is a just and
valid obligation and one not entered into
for the purpose of fraud. (Sec. 5).
Under Sec. 5, the absence of the affidavit
vitiates a mortgage as against third
parties without notice, like creditors and
subsequent lienholders; but not as
between the parties thereto, which
remains valid as to them. (Lilius v. Manila
Railroad Co., 62 [1935]).
Where a corporation is a party, the
affidavit of good faith must be subscribed
by an authorized officer. (Sec. 6).

[Lorybeth_Baldrias.head] [Nayna_Malayang.deputy] [Dionne_Sanchez.acads] [Jam_Jacob.design]


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[Ces_Sicangco/Rowena_Romero.tax_law]

204
8.

Must be signed in the presence of at


least 2 witnesses
Certificate of oath / Notarial
acknowledgment

Additional Material : Sec. 198 of the


RAC
"Sec. 198. Registration of chattel
mortgages and fees collectible in
connection therewith. Every register of
deeds shall keep a primary entry book
and a registration book for chattel
mortgages.
The recording of a mortgage shall be
effected by making an entry, setting
forth the names of the mortgages and
the mortgagor, the sum or obligation
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
the terms and conditions of the
mortgage, is mentioned in detail in the
instrument filed, giving the proper file
number thereof.
The register of deeds shall also certify
the officer's return of sale upon any
mortgage, and a reference of such
return on the record of the mortgage
itself, and give a certified copy thereof;

9.

(ii) Selling or pledging personal


property already mortgaged, without
the consent of the mortgagee written
on the back of the mortgage and duly
recorded in the Chattel Mortgage
Register.

Other Formal Requirements

Liabilities:
(a)

(b)

Where the debtor performs and the


creditor refuses to release the
mortgage, debtor may go to court
for relief. (Sec. 8).
Secs. 9 to 12 have been repealed
by Art. 319 of the Revised Penal
Code
on
crimes
on
Chattel
Mortgage:
(i) Knowingly removing any personal
property mortgaged under the
Chattel Mortgage Law to any
province or city other than the one
in which it was located at the time of
the execution of the mortgage,
without the written consent of the
mortgagee;

Note: Mortgagor remains owner of the


property. He can therefore validly sell the
chattel, although he will be criminally liable if
he did not get consent of mortgagee.

Compare with: If the mortgagee sells the


credit, he only needs to notify the
mortgagor, so mortgagor knows whom to
pay (Servicewide Specialists vs. CA)

3rd party mortgage or accommodation


chattel mortgage does not by itself
make the mortgagee personally liable
for the loan that he accommodated
(Cerna vs. CA, 220 SCRA 517, 1993)

10. Remedies of Creditor (Sec. 13):


(a)

Extra-judicial
Foreclosure

presupposes voluntary surrender to


sheriff of personal property by
debtor.
Creditor
then
files
affidavitoutlining right to possession
and sale. Posting of notice of sale
must be made on two places in the
Presidencia plus notice to debtor
10 days before the sale. (Mambulao
Lumber v. PNB, 22 SCRA 359
[1968]).
Place must be designated in the
contract; otherwise the creditor is
liable for conversion.
Parties may agree on private sale
rather than sale at public auction.
(PNB v. Manila Investment, 38
SCRA 462 [1971]).
Note SC Circular 7-2002 :
GUIDELINES
FOR
THE
ENFORCEMENT OF SC RESOLUTION
OF DEC 14, 1999 IN A.M. 99-10-050 (RE: PROCEDURE IN EXTRAJUDICIAL
FORECLOSURE
OF
MORTGAGE)
Sec. 1. All applications for
extra-judicial
foreclosure
of
mortgage shall be filed with the

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205
Executive Judge, through the
Clerk of Court.
Sec. 2. The Clerk of Court
shall:
xxx
c. Collect the appropriate
filing fees and issues the
corresponding
official
receipt.
d. In case the application
is for real estates and/or
chattels
in
different
locations covering one
indebtedness,
issue
a
certificate
of
payment
indicating the amount of
indebtedness, the filing
fees
collected,
the
mortgages sought to be
foreclosed,
the
real
estates and/or chattels
mortgaged
and
their
respective locations, for
purposes of having the
application docketed with
the Clerks of Court in the
places where the other
properties are located.
Sec. 4. The Sheriff shall:
In case of foreclosure of a
chattel mortgage, post the
notice for at least 10 days in 2
or more public places in the
municipality
where
the
mortgagor resides or where
the property is situated
Sec. 5. Conduct of the extrajudicial foreclosure sale
a.

The bidding shall be


made through sealed
bids which must be
submitted
to
the
Sheriff
who
shall
conduct
the
sale
between 9 am and 4
pm. The property
shall be awarded to
the party submitting
the highest bid ; in
case of a tie, an
open bidding shall be
conducted between
the highest bidders.
Payments shall be
made in cash or
managers check, in
Philippine currency,

b.

within 5 days from


notice.
The sale shall be made
at a place in the
municipality where the
mortgagor resides or
where the property is
situated

Sec. 6. The Clerk of Courts shall


collect the appropriate fees,
computed on the basis of the
amount actually collected by him.
This shall not be subject to a
refund even if the foreclosed
property
is
subsequently
redeemed..
Sec. 7 & 8. The Sheriff shall,
within 30 days from the sale,
prepare a return and file the
same in the Office of the Registry
of Deeds where the mortgage is
recorded.
He shall report the
name/s of the bidder/s to the
Clerk of Court.
Sec. 9. The Clerk of Court shall
issue and sign the Certificate of
Sale, subject to the approval of
the Executive Judge. Prior to the
issuance of such, the Clerk of
court
shall,
in
extra-judicial
foreclosure conducted under the
sheriff, collect P300.00; in sales
conducted under a notary public,
the appropriate fees pursuant to
Rule 141, 20(e).
Sec. 10. The Clerk of Court shall
keep the complete records for a
period of 1 year from the date of
registration of the certificate of
sale with the Register of Deeds,
after which the records shall be
archived. Juridical persons whose
property is sold pursuant to an
extra-judicial foreclosure shall
have the right to redeem the
property until, but not later than,
the registration of the certificate
of foreclosure sale which in no
case shall be more than 3 months
after foreclosure, whichever is
earlier.
In case the property is redeemed,
the Clerk of Court shall assess the
redemptioners fee as provided in
Section 7 (k), Rule 141. If the
property is not redeemed, the

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206
Clerk of Court shall, as a
requisite for the issuance of the
final Deed of Sale, assess the
highest bidder the amount of
P300.00.
(b)

Should debtor refuse to surrender


the property, creditor may take
the preliminary step of replevin
and once he has possession,
proceed at public auction as in
remedy No. 1.

Important: Creditor must seek


court remedy to obtain possession
(Filinvest Credit Corp vs. CA, 248
SCRA 549, 1995). Otherwise, that
would be pactum commissorium
(Esguerra vs. CA, 173 SCRA 1,
1989)

(c)

Judicial Foreclosure follow the


same procedure as foreclosure of
real estate mortgage under Sec.
8, Rule 68, Rules of Court.

(d)

Sue on the Note waive the


chattel mortgage; hence, one can
levy
on
other
properties.
(Industrial
Finance
Corp.
v.
Ramirez, 77 SCRA 152 [1977]).

11. Deficiency Judgement:


General Rule: Creditor shall always be
entitled
to
collect
the
deficiency
judgement. (Ablaza v. Ignacio, 103 Phil.
1151 [1958]).
When the proceeds of the sale are
insufficient to cover the debts in an
extra-judicial foreclosure of chattel
mortgage, the mortgagee is entitled to
claim the deficiency from the debtor.
(State Investment House, Inc. v. CA,
217 SCRA 32 [1993]).
Prescriptive Period: Ten (10) years
under Art, 1142 of the Civil Code. (DBP
v. Tomeldan, 101 SCRA 171 [1980]).
Exception: If the property was sold in
installments, the mortgagee can no
longer take any action against the
purchaser to recover any unpaid balance
of the price.
Any agreement to the
contrary is void. (Art. 1484, Civil Code,
aka the Recto Law)

What is the Recto law?


The Recto law, which is now reflected in
Articles 1484-1485 of the Civil Code, which
provides that in a contract of sale of personal
property, the price of which is payable in
installments, the vendor may exercise any of
the following remedies:
(a)

Exact fulfillment of the obligation,


should the vendee fail to pay
(specific performance);

(b)

Cancel the sale, should the vendee's


failure to pay cover two or more
installments (Note that this is not
the same as rescission because
here, the vendor gets back the
object of the sale and retains the
installments paid. However, this is
not available in the absence of
stipulation in the contract.);

(c)

Foreclose the chattel mortgage on


the thing sold, if one has been
constituted, should the vendee's
failure to pay cover 2 or more
installments. In this case, he shall
have no further action against the
purchaser to recover any unpaid
balance of the price. Any agreement
to the contract is void.
(The principal object of this
amendment was to remedy the
abuses
committed
in
connection with the foreclosure
of chattel mortgages.
This
amendment
prevents
mortgagees from seizing the
mortgaged property, buying it
at foreclosure sale for a low
price, and then bringing the
suit against the mortgagor for a
deficiency judgment.
The
almost invariable result of this
procedure
was
that
the
mortgagor found himself minus
the property and still owing
practically the full amount of
his original indebtedness.)

These remedies are alternative, not


cumulative. (Pacific Commercial Co. v.
Dela Rama, 72 Phil. 380)

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207
Filipinas Investement v. Vitug (1969)
When the creditor can no longer recover
from the maker of the note with chattel
mortgage because the deficiency is covered
by the Recto Law, after the foreclosure of
the mortgage, said creditor can still recover
balance from the endorse who endorsed
with recourse.
Cruz v. Filipinas Investment (1968)
Facts: C sold to D a car payable on
installments. The car was given as security
by way of chattel mortgage to secure
payment. In addition, the debtor put up a
real estate mortgage as further security for
the payment of the debt. D did not pay 2 or
more installments and so C foreclosed the
chattel mortgage. The proceeds therefrom
were insufficient and so C wanted to get a
deficiency judgment and satisfy it by
foreclosing on the real estate mortgage.
Held: The established rule is to the effect
that the foreclosure and actual sale of a
mortgaged chattel bars further recovery
(whether by judicial or extra-judicial
foreclosure) by the vendor, of any balance
on the purchasers outstanding obligation
not so satisfied by the public sale. To allow
further recovery by the foreclosure of the
real estate mortgage is contrary to public
policy.

foreclosure of the chattel mortgage on the


object of the sale bars recovery on any
deficiency.
Ridad vs Filipinas Investment (1983)
The precise purpose of the law is to prevent
mortgagees from seizing the mortgaged
property, buying it at foreclosure sale for a low
price and then bringing suit against the
mortgagor for a deficiency judgment,
otherwise, the mortgagor-buyer would find
himself without the property and still owing
practically the full amount of his original
indebtedness. The corporation elected to
foreclose its mortgage upon default by the
plaintiffs in the payment of the agreed
installments. Having chosen to foreclose the
chattel mortgage, and bought the purchased
vehicles at the public auction as the highest
bidder, it submitted itself to the consequences
of the law as specifically mentioned.
Bicol Savings and Loan Asso. v. Guinhawa
(1990)
The prohibition under the Recto Law against
recovery does not apply to foreclosure of
chattel mortgage constituted to secure a loan
and not originating from a sales transaction.

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 buyers
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

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[Vivian_Tan/Justin_Mendoza.labor_law] [Miguel_DeJesus.legal_ethics] [Lianne_Gervasio.comm_law]
[Ces_Sicangco/Rowena_Romero.tax_law]