Amendment of Sub-paragraph (a), Paragraph 2, Part I (Ordinary Land Registration Cases) and Sub-paragraph (a), Paragraph 2, Part II (Cadastral Land Registration Cases) of the Manual of Instructions to be Observed by Clerks of Court of Regional Trial Courts in Ordinary and Cadastral Land Registration Cases, Dated February 20, 1991

March 8, 2000

LRA CIRCULAR NO. 006-00

 

WHEREAS, the Supreme Court in the case of Director of Lands vs. Heirs of Isabel Tesalona (236 SCRA 336) ruled that the submission of the original tracing cloth plan in court as evidence is a statutory requirement of mandatory character; DcSEHT

WHEREAS, on several occasions, the LRA Docket Division is ordered to submit the original tracing cloth plans to the Court necessitating time and expenses on the part of LRA which has custody of the original tracing cloth plan;

THEREFORE, in order to save time and expenses of this Authority in the submission of the original tracing cloth plan in land registration cases thus facilitating the proceedings thereon and pursuant to the Supreme Court Decision in the Director of Lands vs. Heirs of Isabel Tesalona, the following amendment to the Manual of Instructions shall be enforced:

1. Sub-paragraph (a) of Paragraph 2, Part I of the Manual, is hereby amended to read as follows:

2. Papers to Accompany the Application. — The application for original registration shall be accompanied by the following:

(a) The original plan in tracing cloth or Diazo Polyester film duly approved by the Regional Technical Director, Lands Management Sector of the Department of Environment and Natural Resources, the same to be attached to the duplicate record which will be forwarded to the Land Registration Authority. Where in lieu of thereof, a true copy of the original plan in tracing cloth or Diazo Polyester film is submitted, the Clerk of Court shall see to it that the same is properly attested and duly certified correct by the Regional Technical Director concerned or the official authorized to make such certification. The official authorized should sign the plan for the Regional Technical Director. All bearings, distances and the technical descriptions of the land appearing on the plan must be legible. Such true copy shall be retained by the Court concerned and a copy thereof duly certified as faithful reproduction by the Clerk of Court shall be forwarded to the Land Registration Authority.

3. Sub-paragraph (a) of paragraph 2, part II, of the Manual is hereby amended as follows:

2. Form of Applications and Papers to Accompany the Same. — To require that such applications be drawn-up and signed in accordance with Sec. 36 of P.D. 1529. The application must be in duplicate, the original of which and the papers accompanying the same shall be filed with the Clerk of Court. The duplicate copy of the application shall be forwarded to the Land Registration Authority together with the following:

(a) A copy of the tracing cloth or Diazo Polyester Film of the boundary and index map film approved by the Regional Technical Director, Lands Management Service of the Department of Environment and Natural Resources, duly certified by the Clerk of Court. cHCSDa

All existing circulars inconsistent herewith are hereby superseded or amended accordingly.

This Circulars takes effect upon approval of the Department of Justice.

(SGD.) ALFREDO R. ENRIQUEZAdministrator

Approved:

(SGD.) ARTEMIO G. TUQUEROActing Secretary

Approved: February 22, 2000