provisions

EXECUTIVE ORDER NO. 292

INSTITUTING THE “ADMINISTRATIVE CODE OF 1987”

BOOK IV

THE EXECUTIVE BRANCH

Title III

JUSTICE

CHAPTER 9
LAND REGISTRATION AUTHORITY

Section 28. The Land Registration Authority. – The Land Registration Authority, hereinafter referred to as the Authority shall continue to exercise its powers and functions under existing law on the Land Titles and Deeds Registration Authority and those which may hereafter be provided by law.

Section 29. Organizational Structure. – The Authority shall be headed by an Administrator who shall be assisted by two (2) Deputy Administrators, all of whom shall be appointed by the President upon the recommendation of the Secretary.

Section 30. Reorganization of Registry Offices in the National Capital Region. – The Registries of Deeds in the National Capital Region is hereby reorganized as follows:

(1) The Registries of Deeds in the cities of Manila, Quezon, Pasay and Caloocan shall be maintained;

(2) There is hereby created Registries of Deeds in the Municipalities of Navotas, Malabon, Valenzuela, Mandaluyong, San Juan, Marikina, Las Piñas and Parañaque with jurisdiction over their respective municipalities;

(3) The Registry of Deeds of Pasig shall be maintained with jurisdiction over the Municipalities of Pasig, Taguig and Pateros; and

(4) The Registry of Deeds of Makati shall have jurisdiction over the municipalities of Makati and Muntinlupa.

______________________________________________________________

BATAS PAMBANSA Blg. 129

AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Section 34. Delegated jurisdiction in cadastral and land registration cases. — Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots the where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts. (as amended by R.A. No. 7691)

ADMINISTRATIVE CIRCULAR NO. 6-93-A

TO:  METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT:  DELEGATED JURISDICTION OF MTC’s AND MCTC’s TO HEAR AND DETERMINE CADASTRAL AND LAND REGISTRATION CASES.

Pursuant to Sec. 34 of Batas Pambansa Blg. 129, as amended by R. A. 76791 which took effect 14 April 1995, and the Reslution of the Court En Banc in Adm. Matter No. 93-3-488-0 dated 25 March 1993 [Re: Request of DENR for Metropolitan and Municipal Trial Courts to hear cadastral and land registration cases under Sec. 34, B. P. Blg. 129], the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts to hear cadastral and land registration cases involving uncontested lots and contested lots, the value of which does not exceeed One Hundred Thousand Pesos [P100,000.00] as may be ascertained by affidavit of the claimants or by their agreement or from the corresponding tax declarations: Provided, That:

[1] Cadastral or land registration cases filed before the effectivity of this Administrative Circulars but where hearing has not yet commenced shall be transferred by the Executive Judge of the Regional Trial Court having jurisdiction over the case to the Executive Judge of the appropriate Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court or Municipal Circuit Trial Court for the required raffle among the branches of the Courts under his administrative supervision; and

[2] Cadastral or land registration cases pending in the Regional Trial Courts where trial had already been commenced as of the date of the effectivity of this Administrative Circular shall remain with said courts. However, by agreement of the parties, these cases may be transferred to the appropriate Metropolitan Trial Court or Municipal Trial Courts.

This Administrative Circular shall take effect immediately. However, the Clerk of Court is directed to cause its publication in a newspaper of general circulation for the information of the public.

15 November 1995.

__________________

CIRCULAR NO. 38-97

TO:  REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT:  CLARIFICATION OF THE EXTENT OF DELEGATED JURISDICTION UNDER ADMINISTRATIVE CIRCULAR NO. 6-93-A OF MeTCs, MTCCs, MTCs AND MCTCs TO HEAR AND DETERMINE CADASTRAL AND LAND REGISTRATION CASES.

Numerous queries from the Courts concerned have been received by the Court Administrator regarding the scope of the delegated jurisdiction under Administrative Circular No. 6-93-A of MeTCs, MTCCs, MTCs AND MCTCs to hear and determine cadastral and land registration cases, particularly as to whether or not the delegation covers petitions and motions for reconstitution of lost certificate of title.

The clear tenor and intention of Administrative Circular No. 6-93-A is that only original cadastral or land registration cases are covered. The jurisdiction of the First Level Courts, being merely delegated, should be limited to what is expressly mentioned in the delegation.

1. There are limits to the delegation, i.e., either the subject matter is an uncontested lot or if contested the value of the lot should not exceed One hundred thousand [P100,000.00] Pesos. There will be difficulty in the determination of these limits if and when the First Level Courts are required to exercise delegated jurisdiction over petitions subsequent to original registration.

2. A First Level Court should not be placed in a situation where, in disposing of a matter subsequent to registration, it will have to consult the records of another Court, which granted the original registration.

3. To require First Level Courts to handle petitions after original registration would unduly increase their dockets already loaded with cases covered by R. A. 7691, the law on their expanded jurisdiction.

Therefore, matters subsequent to the original registration determined by Second Level Courts, including petitions for reconstitution of lost titles, should not be unloaded to the Firts Level Courts. The Second Level Courts are hereby directed to take cognizance of and exercise jurisdiction over such matters.

June 20, 1997.

THE 1987 CONSTITUTION
OF THE
REPUBLIC OF THE PHILIPPINES

ARTICLE XII

NATIONAL ECONOMY AND PATRIMONY

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

______________________

BATAS PAMBANSA BILANG 185

AN ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE CONSTITUTION AND FOR OTHER PURPOSES.

Section 1. In implementation of Section fifteen of Article XIV of the Constitution, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private land, for use by him as his residence, subject to the provisions of this Act.

Section 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a maximum area of one thousand square meters, in the case of urban land, or one hectare in the case of rural land, to be used by him as his residence. In the case of married couples, one of them may avail of the privilege herein granted; Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum herein fixed.

In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a transferee of additional urban or rural lands for residential purposes which, when added to those already owned by him, shall not exceed the maximum areas herein authorized.

Section 3. A transferee under this Act may acquire not more than two lots which should be situated in different municipalities or cities anywhere in the Philippines; Provided, That the total area thereof shall not exceed one thousand square meters in the case of urban lands or one hectare in the case of rural lands for use by him as urban land shall be disqualified from acquiring rural land, and vice versa.

Section 4. As used in this Act – (a) A natural-born citizen is one who is a citizen of the Philippines from birth without having to perform any act to acquire or perfect his Philippine citizenship.

(b) Urban areas shall include:

(1) In their entirety, all municipal jurisdictions which, whether designated as chartered cities, provincial capitals or not, have a population density of at least 1,000 persons per square kilometer;

(2) Poblaciones or central districts of municipalities and cities which have a population density of at least 500 persons per square kilometer;

(3) Poblaciones or central districts (not included in 1 and 2) regardless of population size which have the following:

(a) Street pattern, i.e., network of streets in either at parallel or right angle orientation;

(b) At least six establishments (commercial, manufacturing, recreational and/or personal services); and

(c) At least three of the following:

1. A town hall, church or chapel with religious services at least once a month;

2. A public plaza, park or cemetery;

3. A market place or building where trading activities are carried on at least once a week; and

4. A public building like a school, hospital, puericulture and health center or library.

(4) Barangays having at least 1,000 inhabitants which meet the conditions set forth in sub-paragraph (3) of paragraph (b) above, and in which the occupation of the inhabitants is predominantly other than farming or fishing.

(5) All other areas of the Philippines which do not meet the conditions in the preceding definition of urban areas shall be considered as rural areas.

Section 5. Transfer as a mode of acquisition of private land under this Act refers to either voluntary or involuntary sale, devise or donation. Involuntary sales shall include sales on tax delinquency, foreclosures and executions of judgment.

Section 6. In addition to the requirements provided for in other laws for the registration of titles to lands, no private land shall be transferred under this Act, unless the transferee shall submit to the register of deeds of the province or city where the property is located a sworn statement showing the date and place of his birth; the names and addresses of his parents, of his spouse and children, if any; the area, the location and the mode of acquisition of his land-holdings in the Philippines, if any; his intention to reside permanently in the Philippines; the date he lost his Philippine citizenship and the country of which he is presently a citizen; and such other information as may be required Section 8 of this Act.

Section 7. The transferee shall not use the lands acquired under this Act for any purpose other than for his residence. Violations of this Section, any misrepresentation in the sworn statement required under Section 6 hereof, any acquisition through fraudulent means or failure to reside permanently in the land acquired within two years from the acquisition thereof, except when such failure is caused by force majeure, shall, in addition to any liability under the Revised Penal Code and deportation in appropriate cases, be penalized by forfeiture of such lands and their improvements to the National Government. For this purpose the Solicitor General or his representative shall institute escheat proceedings.

Any transferee liable under this Section shall moreover be forever barred from further availing of the privilege granted under this Act.

Section 8. The Minister of Justice shall issue such rules and regulations as may be necessary to carry out the provisions of this Act. Such rules and regulations shall take effect fifteen days following its publication in a newspaper of general circulation in the Philippines.

Section 9. If any part of this Act shall be declared unconstitutional, the remaining provisions not thereby affected shall remain in full force and effect.

Section 10. This Act shall take effect upon its approval.

Approved: March 16, 1982