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SECOND DIVISION

G.R. No. L-47988 February 20, 1981

RURAL BANK OF OLONGAPO, INC., petitioner-appellant, vs. COMMISSIONER OF LAND REGISTRATION and REGISTER OF DEEDS of Olongapo City, Respondents-Appellees.chanrobles virtual law library

AQUINO, J.:

The petitioner characterized its petition for review dated March 15, 1978, as an "appeal from the resolution of the Land Registration Commissioner in LRC Consulta No. 1121 and/or for declaratory relief." chanrobles virtual law library

This Court has no jurisdiction to act on an original petition for declaratory relief.chanroblesvirtualawlibrary chanrobles virtual law library

The petitioner seeks the review of the resolution dated January 10, 1978 of the Acting Commissioner of Land Registration wherein he opined that certain certificates of sale were not registerable.chanroblesvirtualawlibrary chanrobles virtual law library

The petition was filed in this Court pursuant to section 1, Rule 43 of the Rules of Court, and section 4 of Republic Act No. 1151 which provide for an appeal to this Court from a final order, ruling or decision of the Land Registration Commission.chanroblesvirtualawlibrary chanrobles virtual law library

However, section 1 of Republic Act No. 5434, which took effect on September 9, 1968, provides that parties aggrieved by a final ruling, award, order, decision or judgment of the Land Registration Commission and other agencies mentioned therein may appeal to the Court of Appeals and from the final judgment or decision of the Court of Appeals, the aggrieved party may appeal by certiorari as provided in Rule 45 of the Rules of Court.chanroblesvirtualawlibrary chanrobles virtual law library

Hence, the instant appeal was erroneously made to this Court. This case falls within the exclusive appellate jurisdiction of the Court of Appeals.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, pursuant to section 31 of the Judiciary Law, this case is transferred to the Court of Appeals. (See Minute Resolution in Syquia vs. Register of Deeds of Manila, G. R. No. 55075, November 24, 1980.) chanrobles virtual law library

SO ORDERED.