Professional Documents
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2. With respect to the growing fruits, they may be secured by the chattel mortgage but they
may not be pledged.
3. With respect to the machineries placed on the plant or on building owned by another, they
can be the object of the chattel mortgage.
4. with the shares of stock the place of domicile of the corporation and shareholder. No need
for notation in books of corporation.
REQUIRISTES TO BIND THIRD PERSONS
1. AFFIDAVIT OF GOOD FAITH
2. CONTRACT MUST BE REGISTERED
Under chattel mortgage law, there can be a recovery of deficiency judgment, except when recto
law applies.
ESSENTIAL REQUISITES TO CONSTITUTE A VALID CHATTEL MORTGAGE OVER PERSONAL
PROPERTY
NOTE; all must concur.
1. It must be constituted to secure the fulfillment of the principal obligation. Art.2085,
NCC
2. The mortgagor is the absolute owner of the thing mortgage.
3. The person constituting the mortgage has the free disposal of the property and in the
absence thereof, they may be legally authorized for the purposed.
4. Must be recorded in the chattel mortgage register in order to bind third person.
The first three requirements pertain to the requirements of any valid mortgage under civil code.
REQUIREMENTS UNDER THE CHATTEL MORTGAGE LAW FOR THE VALIDITY OF THE CHATTEL
MORTGAGE.
1. Substantial compliance with the form in sec. 5
Sec. 5. Form. A chattel mortgage shall be deemed to be sufficient when made substantially in
accordance with the following form, and shall be signed by the person or persons executing the
same, in the presence of two witnesses, who shall sign the mortgage as witnesses to the
execution thereof, and each mortgagor and mortgagee, or, in the absence of the mortgagee, his
agent or attorney, shall make and subscribe an affidavit in substance as hereinafter set forth,
which affidavit, signed by the parties to the mortgage as above stated, and the certificate of the
oath signed by the authority administering the same, shall be appended to such mortgage and
recorded therewith.
"This mortgage made this ____ day of ______19____ by _______________, a resident of the
municipality of ______________, Province of ____________, Philippine Islands mortgagor, to
____________, a resident of the municipality of ___________, Province of ______________,
Philippine Islands, mortgagee, witnesseth:
"That the said mortgagor hereby conveys and mortgages to the said mortgagee all of the
following-described personal property situated in the municipality of ______________,
Province of ____________ and now in the possession of said mortgagor, to wit:
"This mortgage is given as security for the payment to the said ______, mortgagee, of
promissory notes for the sum of ____________ pesos, with (or without, as the case may be)
interest thereon at the rate of ___________ per centum per annum, according to the terms of
__________, certain promissory notes, dated _________, and in the words and figures
following (here insert copy of the note or notes secured).
"(If the mortgage is given for the performance of some other obligation aside from the payment
of promissory notes, describe correctly but concisely the obligation to be performed.)
"The conditions of this obligation are such that if the mortgagor, his heirs, executors, or
administrators shall well and truly perform the full obligation (or obligations) above stated
according to the terms thereof, then this obligation shall be null and void.
"Executed at the municipality of _________, in the Province of ________, this _____ day of 19
_____
____________________
(Signature of mortgagor.)
"_________________
"_________________
(Two witnesses sign here.)
FORM OF OATH.
"We severally swear that the foregoing 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."
"_____________________________"
(Notary public, justice of the peace, 1 or other officer, as the case may be.)
2. The deed of mortgage must be signed by at least two witnesses.
3. The deed must contain an affidavit of good faith.
4. The deed must be accompanied by the certificate of oath.
CONTENTS REQUIRED IN THE AFFIDAVIT OF GOOD FAITH
1. Where the parties severally swear that the mortgage is made for the purpose of
securing the obligation specified and for no other purpose and that the same is a just
and valid obligation and not one entered into for fraud; and
2. Property given in chattel mortgage must be described to enable the parties or any other
person after reasonable inquiry and investigation.
Future property may not be covered by the chattel mortgage.
Except; future property that maybe subject or a chattel mortgage when;
1. When such property is a renewal of or in substitution for goods on hand when the
mortgage was executed, or
2. Such property was purchased with proceeds of said goods.
ACTS WHICH PROVIDE FOR CRIMINAL LIABILITY UNDER THE CHATTEL MO RTGAGE LAWART.319 RPC1. Removal of chattel to another city or province without written consent of mortgagee;
2. Selling property already pledge, or mortgaged without written consent of the
mortgagee
.
EQUITY OF REDEMTION
There is not right of redemption in the chattel mortgage. There is only equity redemption.
1. The following may redeem if the condition of the mortgage is broken;
a. Mortgagor
b. A person holding subsequent mortgage
c .A subsequent attaching creditor-sec.13 of act 15082. An attaching creditor who so redeems shall subrogated to the rights of the mortgagee and
entitled to foreclose the mortgage in the same manner that the mortgagee could foreclose it.
3. the of the redemption is made by paying or delivering to the mortgagee the amount due on
such mortgage and the cost and expenses incurred by such breach of the condition of sale.
1. Public sale
2. Private sale- there is nothing illegal, immoral or against public order in an agreement for
the private sale of personal properties covered by chattel mortgage.
PERIOD TO FORECLOSE
1. After 30 days from the time the condition is broken.
2.
The 30-day period is the minimum period after violation of the mortgage condition for
the creditor to cause the sale at public auction with at least 10 days notice to the
mortgagor and posting of public notice of time, place and purpose of such sale, and a
period of grace for mortgagor to discharge the obligation.
3. After the sale at public auction, the right of redemption is no longer available to the
mortgagor.
further action against the purchaser to recover any unpaid balance of the price. The
agreement to the contrary shall be void.
Art. 1484- The preceding article shall be applied to contracts purporting to be leases of
personal property with option to buy, when the lessor has deprived the lessee of the
possession or enjoyment of the thing.
Applicability;
1. Sale on personal property, the price of which is payable on installment.
2. Contracts purporting to be a leases on personal property with an option to buy.
SELLERS ALTERNATIVE AND EXCLUSIVE REMEDIES IN CASES OF BUYERS DEFAULT.
1. Exact fulfillment of the obligation, should the vendee fail to pay-action for specific
performance-.
2. Cancel the sale should the vendees failure to pay cover two or more installmentsrescission- or
3. Foreclosure of the chattel mortgage on the thing sold, should the vendees failure to
pay cover 2 or more installments. He cannot recover any unpaid balance of the price.
Any agreement to the contrary shall be void.
RECOVERY OF DEFICIENCY AFTER FORCLOSURE
1. In case there is no other security actual foreclosure.
2. Bars an action for specific performance
3. In case there is an additional security other than chattel mortgage not covered by recto
law;
a. 1st foreclosure is on the main chattel mortgage covered by recto law.
b. 2nd foreclosure on the additional security is prohibited- Cruz v. Filipinas InvestmentSPOUSES de VERA vs. AGLORO
If the mortgagor fails to redeem the property the buyer at public auction may file with the RTC
in the province or place where the property or portion thereof is located, an ex parte motion
for an issuance of the writ of possession within one year from the registration of the sheriffs
certificates of sale, and the court shall grant the said motion upon petitioners posting of a bond
in an amount equivalent to the use of the property for the period of 12 months.
APPLICATION OF PROCEEDS OF SALE
PLEDGE
Chattel mortgage
Accessory contract
Principal contract
Chattel mortgage
Not required
Mortgagor can alienate the thing mortgaged
without the consent of the mortgagee and any such
prohibition is void.
There can be right of redemption in extrajudicial
foreclosure and judicial foreclosure by banks
Can secure future obligation