Chapter 3. Jurisdiction of Courts in Land Registration Flashcards
Who has the exclusive jurisdiction over all applications for original registration of title to land?
Court of First Instance (now RTCIs t)
PD 1529 section 2
What are the power of RTC?
Power to hear and decide substantial and contentious issues to avoid multiciplity of suits
Is the Land Registration Court (LRC) has jurisdiction to adjudicate the issue regarding the existence or non-existence of TENANCY RELATIONSHIP under RA 3844
No, because the exclusive jdxn is vested by law in the Court of Agrarian Relations, now RTC pursuant to BP 129.
T/F RTC has jurisdiction over actions for reversion
True
What about action to involve title to, or possession of, real property or any interest therein
Fall under the exclusive jurisdiction of RTC
What are the delegated duty to the MeTC? clue - Controversy
Sec 34, BP 129 - delegated jxdn to hear ordinary and cadastral land registration where there is NO CONTROVERSY or
When shall the RTC takeover?
After the ORT (Original Registration of Title)
T/F.. RTCs have exclusive jurisdiction over registration proceedings, including petitions, motions filed after the original registration of title
True, RTC
What does RTC hear?
Aside from Original Registration of Title, they can now also handle the PETITION filed after the original registration of title
T/F. RTC has the power to hear and determine all questions, even continuous and substantial one
True
T/F. Writ of possession, reconstitution confirms and adjudicate ownership over a property
False, does not confirm nor adjudicate
Where could be the Venue
Filed with the RTC in the province where the land lies -
Decisions of the MeTC, where appealable?
Their decision in these cases shall be appealable in the same manner as decisions of the RTC
When can the cases be assigned to MeTC/MTC
- If there is no controversy or opposition
- the value of the contested land does not exceed P100,000`
