TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS
CLARIFICATION OF THE EXTENT OF DELEGATED JURISDICTION UNDER
CIRCULAR NO. 6-93-A OF MeTCs, MTCCs, MTCs AND MCTCs TO HEAR AND
CADASTRAL AND LAND REGISTRATION CASES.
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
cadastral and land registration cases, particularly as to whether or
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
or land registration cases are covered. The jurisdiction of the First
Courts, being merely delegated, should be limited to what is expressly
mentioned in the delegation.
to the delegation, i.e., either the subject matter is an
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
to original registration.
2. A First
should not be placed in a situation where, in disposing of a matter
to registration, it will have to consult the records of another Court,
which granted the original registration.
Level Courts to handle petitions after original registration would
increase their dockets already loaded with cases covered by R. A. 7691,
the law on their expanded jurisdiction.cralaw
to the original registration determined by Second Level Courts,
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.