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Atty. Prudence Angelita A. Kasala, LLM PHILIPPINE JOURNEY TOWARDS THE SECURED LENDING REFORMS ON MOVABLE COLLATERALS

Atty. Prudence Angelita A. Kasala, LLM. STATE OF MOVABLE COLLATERAL REGISTRY

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Page 1: Atty. Prudence Angelita A. Kasala, LLM. STATE OF MOVABLE COLLATERAL REGISTRY

Atty. Prudence Angelita A. Kasala, LLM

PHILIPPINE JOURNEY TOWARDS THE

SECURED LENDING REFORMS ON MOVABLE COLLATERALS

Page 2: Atty. Prudence Angelita A. Kasala, LLM. STATE OF MOVABLE COLLATERAL REGISTRY

STATE OF MOVABLE COLLATERAL REGISTRY

Page 3: Atty. Prudence Angelita A. Kasala, LLM. STATE OF MOVABLE COLLATERAL REGISTRY

STATE OF LENDING AGAINST MOVABLE COLLATERAL

• Fragmentation of legal framework

- in the types of security interest - created by the law’s requirement that recording of chattel mortgages be

done in the provincial ROD offices• Unnecessary Complexity- burdensome requirements that cause great costs of both time and money• Cost of creation and registration of chattel mortgages- major disincentive to use of chattel mortgage to secure financing• Cost, time and inflexibility of enforcement process- The Chattel mortgage Law calls for extended periods of notice before

commencement and before disposition that may cause loss of value of the collateral or even its fraudulent transfer of concealment

Page 4: Atty. Prudence Angelita A. Kasala, LLM. STATE OF MOVABLE COLLATERAL REGISTRY

PHILIPPINE JOURNEY

1. Recognition of the need to reform embodied in the Philippine Medium Term Development Plan

2. Engagement of stakeholders in the project towards the creation of a more favorable environment for movable collateral lending

3. Use of technology to facilitate accessible movable collateral registry

4. BSP Circular 855 on credit risk management5. Awareness of the Intellectual Property Office on

valuation of intangible asset6. Drafting of amendatory laws