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PRESIDENTIAL DECREE NO. 239
PRESIDENTIAL DECREE NO. 239 -
WITHDRAWING THE AUTHORITY OF THE LAND REGISTRATION COMMISSION TO
APPROVE ORIGINAL SURVEY PLANS, REPEALING FOR THIS PURPOSE, PARAGRAPH 3,
Section 34-A, OF REPUBLIC ACT NO. 3844, AS INSERTED BY Section 6,
REPUBLIC ACT NO. 6389, OTHERWISE KNOWN AS THE AGRICULTURAL LAND REFORM
CODE
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WHEREAS,
under paragraph 3, Section 34-A, of Republic Act No. 3844, as inserted
by Section 6 of Republic Act No. 6389, authority was given to the Land
Registration Commission, concurrently with the Bureau of Lands, to
approve survey plans of lands intended for original registration
purposes;chanroblesvirtualawlibrary
WHEREAS, the reason for the grant of the aforesaid authority to the
said Commission was to facilitate expropriation by the government of
big landed estates intended for distribution and resale at cost to
tenant-farmers under the Agricultural Land Reform Code;chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 27 of October 21, 1972, there is
no more necessity for the government to expropriate big landed estates
as the tenant tillers of rice and corn lands have already been declared
as owners of this lands they till;chanroblesvirtualawlibrary
WHEREAS, the grant to the Land Registration Commission of the authority
to approve original survey plans which therefor had been exercised
solely by the Bureau of Land has resulted in wasteful overlapping or
duplication of functions, not to mention the deterioration of surveying
standards and confusion in land survey records;chanroblesvirtualawlibrary
WHEREAS, there is a need for centralizing in one agency the function of
verifying and approval of original surveying plans for all purposes in
order to assure compliance with established standards and minimize
irregularities in the execution of land surveys;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, as amended, to hereby decree as
follows:cralaw:red
Section 1. Paragraph 3, Section 34-A, of Republic Act
No. 3844, as inserted by Section 6 of republic Act No. 6389, is hereby
repealed insofar as it grants the Land Registration Commission the
power to approve survey plans of lands intended for original
registration purposes. chanroblesvirtualawlibrary
Section 2. The Land Registration Commissioner shall
within thirty (30) days from the date hereof turn over all survey
returns submitted to his Office to the Bureau of Lands for verification
and appropriate action in accordance with Section 1858 of the Revised
Administrative Code and the rules and regulations promulgated
hereunder; and furnish the latter Office with copies of all plans that
it had already approved as of the date of issuance of this Decree for
reverification and appropriate action in accordance with law and
regulations. chanroblesvirtualawlibrary
Section 3. If the land covered by any survey approved
by the Land Registration Commission has already been approved by court
for registration purposes under Act 496 or under Section 48 of
Commonwealth Act No. 141, as amended, otherwise known as the Public
Land Act, no decision shall be rendered thereon until the Director of
Lands shall have submitted his report and recommendation thereon.
Section 4. Any law or regulation that is contrary to
or inconsistent herewith is hereby repealed or amended
accordingly. chanroblesvirtualawlibrary
Section 5. This Decree shall take effect immediately.
Done in the City of Manila,
this 9th day of July, in the year of Our Lord, nineteen hundred and
seventy-three.
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