GR 235520; (June, 2021) (Digest)
G.R. No. 235520 , June 28, 2021
David Patungan, Petitioner, vs. The Register of Deeds of the Province of Pangasinan, Respondent.
FACTS
Petitioner David Patungan filed a petition before the Regional Trial Court (RTC) for the issuance of a new owner’s duplicate copy of Original Certificate of Title (OCT) No. 31510, which was issued pursuant to a Certificate of Land Ownership Award (CLOA) and was lost. The RTC dismissed the petition for lack of jurisdiction, ruling that under Section 1(f), Rule II of the 2009 DARAB Rules of Procedure, the Department of Agrarian Reform Adjudication Board (DARAB) has exclusive and primary jurisdiction over cases involving the reissuance of lost/destroyed owner’s duplicate copies of CLOAs registered with the Land Registration Authority. The RTC denied petitioner’s motion for reconsideration, prompting this petition. Petitioner argues that the RTC has jurisdiction under Presidential Decree No. 1529 (Property Registration Decree), particularly Section 109 governing the replacement of lost duplicate certificates of title, as the OCT is already registered with the Register of Deeds. The Register of Deeds agrees with petitioner’s position.
ISSUE
Whether the Regional Trial Court (RTC) has jurisdiction over petitions for the issuance of a new owner’s duplicate copy of an Original Certificate of Title (OCT) that was issued pursuant to a Certificate of Land Ownership Award (CLOA).
RULING
Yes. The Supreme Court granted the petition, ruling that the RTC has jurisdiction. Section 2 of P.D. No. 1529 vests the RTC with exclusive jurisdiction over all petitions filed after original registration of title, without qualification as to the source of the title. Section 109 of the same decree specifically governs the procedure before the RTC for the replacement of a lost owner’s duplicate certificate. While Section 1(f), Rule II of the 2009 DARAB Rules provides DARAB with jurisdiction over the reissuance of lost/destroyed owner’s duplicate copies of CLOAs registered with the Land Registration Authority, the Court clarified that DARAB’s jurisdiction is limited to agrarian disputes or incidents involving the implementation of the Comprehensive Agrarian Reform Program (CARP). A petition for the issuance of a replacement owner’s duplicate copy of an already registered Torrens title is not an agrarian dispute but a land registration matter. Therefore, jurisdiction rests with the RTC, not the DARAB.