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.
[Sgd.]
ALFREDO
L. BENIPAYO
Court
Administrator
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