Republic Act
Approved June 17, 1967

Republic Act No. 4882

An act to amend section one of republic act numbered one hundred thirty-three, entitled "an act to authorize the mortgage of private real property in favor of any individual, corporation, or association subject to certain conditions", as amended by republic act numbered forty-three hundred eighty-one

An Act to Amend Section One of Republic Act Numbered One Hundred Thirty-Three, Entitled "An Act to Authorize the Mortgage of Private Real Property in Favor of Any Individual, Corporation, or Association Subject to Certain Conditions", as Amended by Republic Act Numbered Forty-Three Hundred Eighty-One

In plain language

This Act amends Section 1 of RA 133 to limit the period a mortgagee or successor in interest may possess mortgaged private real property to a maximum of five years, except after default and for foreclosure proceedings, and clarifies the procedures for foreclosure and receivership.

  • Private real property may be mortgaged, but mortgagee or successor in interest cannot possess the property for more than five years during the existence of the mortgage, except after default and for foreclosure or related proceedings.
Real Property
Mortgage
Foreclosure
Land Law
Amendment

REPUBLIC ACT No. 4882

An Act to Amend Section One of Republic Act Numbered One Hundred Thirty-Three, Entitled "An Act to Authorize the Mortgage of Private Real Property in Favor of Any Individual, Corporation, or Association Subject to Certain Conditions", as Amended by Republic Act Numbered Forty-Three Hundred Eighty-One

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1

Section one Republic Act Numbered One hundred thirty-three as heretofore amended by Republic Act Numbered Forty-three hundred eighty-one, is hereby further amended to read as follows:

"Sec. 1. Any provision of law to the contrary notwithstanding, private real property may be mortgaged in favor of any individual, corporation, or association, but the mortgage or his successor in interest, if disqualified to acquire or hold lands of the public domain in the Philippines, shall not take possession of the mortgaged property during the existence of the mortgage and shall not take possession of mortgaged property except after default and for the sole purpose of foreclosure, receivership, enforcement or other proceedings and in no case for a period of more than five years from actual possession and shall not bid or take part in any sale of such real property in case of foreclosure: Provided, That said mortgagee or successor in interest may take possession of said property after default in accordance with the prescribed judicial procedures for foreclosure and receivership and in no case exceeding five years from actual possession."

Section 2

This Act shall take effect upon its approval.

Approved: June 17, 1967.

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.