SECOND DIVISION
[G.R. No. L-47988. February 20, 1981.]
RURAL BANK OF OLONGAPO, INC., Petitioner-Appellant, v. COMMISSIONER OF LAND REGISTRATION and REGISTER OF DEEDS of Olongapo City, Respondents-Appellees.
SYNOPSIS
Petitioner seeks the review of the resolution of the Acting Land Registration Commissioner where he opined that certain certificates of the were not registerable.
The Supreme Court ruled that appeal from the final order or judgment of the Land Registration Commission falls within the exclusive appellate jurisdiction of the Court of Appeals pursuant to Section 1 of Republic Act No. 5434 which took effect on September 9, 1968.
Case transferred to the Court of Appeals.
The Supreme Court ruled that appeal from the final order or judgment of the Land Registration Commission falls within the exclusive appellate jurisdiction of the Court of Appeals pursuant to Section 1 of Republic Act No. 5434 which took effect on September 9, 1968.
Case transferred to the Court of Appeals.
SYLLABUS
1. REMEDIAL LAW; APPEAL FROM FINAL RULING, AWARD, ORDER, DECISION OF JUDGMENT OF THE LAND REGISTRATION COMMISSION; JURISDICTION. — Section 1 of Republic Act No. 5434, which took effect on September 9, 1968, provides that parties aggrieved by a final ruling, award, order, decision or judgment of the Land Register Court of Appeals and from the final judgment or decision of the Court of Appeals the aggrieved party may appeal by certiorari as provided in Rule 45 of the Rules of Court.
2. ID.; ID.; ID.; APPEAL ERRONEOUSLY MADE TO SUPREME COURT TRANSFERRED TO COURT OF APPEALS. — Where the party aggrieved by a resolution of the Land from the said resolution pursuant to Section 1, Rule 43 of the Rules of Court, and Section 4 of Republic Act No. 1151 which provide for an appeal to said Court from a final order, ruling or decision of the Land Registration Commission, the case will be transferred to the Court of Appeals as provided for in section 31 of the Judiciary Law.
2. ID.; ID.; ID.; APPEAL ERRONEOUSLY MADE TO SUPREME COURT TRANSFERRED TO COURT OF APPEALS. — Where the party aggrieved by a resolution of the Land from the said resolution pursuant to Section 1, Rule 43 of the Rules of Court, and Section 4 of Republic Act No. 1151 which provide for an appeal to said Court from a final order, ruling or decision of the Land Registration Commission, the case will be transferred to the Court of Appeals as provided for in section 31 of the Judiciary Law.
D E C I S I O N
AQUINO, J.:
The petitioner characterized its petition for review dated March 15,1978, as an "appeal from the resolution of the Land Registration Commissioner in LRC Consulta No. 1121 and/or for declaratory relief." chanrobles virtual lawlibrary
This Court has no jurisdiction to act on original petition for declaratory relief.
The petitioner seeks the review of the resolution dated January 10, 1978 of the Acting Commissioner of Land Registration wherein he opined that certain certificates of sale were not registerable.
The petition was filed in this Court pursuant to Section 1, Rule 43 of the Rules of Court, and section 4 of Republic Act No. 1151 which provide for an appeal to this Court from a final order, ruling or decision of the Land Registration Commission.
However, Section 1 of Republic Act No. 5434, which took effect on September 9, 1968, provides that parties aggrieved by a final ruling, award, order, decision or judgment of the Land Registration Commission and other agencies mentioned therein may appeal to the Court of Appeals and from the final judgment or decision of the Court of Appeals, the aggrieved party may appeal by certiorari as provided in Rule 45 of the Rules of Court.
Hence, the instant appeal was erroneously made to this Court. This case falls within the exclusive appellate jurisdiction of the Court of Appeals.
WHEREFORE, pursuant to Section 31 of the Judiciary Law, this case is transferred to the Court of Appeals. (See Minute Resolution in Syquia v. Register of Deeds of Manila, G.R. No. 55075, November 24, 1980.).chanrobles virtual lawlibrary
SO ORDERED.
Barredo (Chairman), Concepcion Jr., Abad Santos and De Castro, JJ., concur.
This Court has no jurisdiction to act on original petition for declaratory relief.
The petitioner seeks the review of the resolution dated January 10, 1978 of the Acting Commissioner of Land Registration wherein he opined that certain certificates of sale were not registerable.
The petition was filed in this Court pursuant to Section 1, Rule 43 of the Rules of Court, and section 4 of Republic Act No. 1151 which provide for an appeal to this Court from a final order, ruling or decision of the Land Registration Commission.
However, Section 1 of Republic Act No. 5434, which took effect on September 9, 1968, provides that parties aggrieved by a final ruling, award, order, decision or judgment of the Land Registration Commission and other agencies mentioned therein may appeal to the Court of Appeals and from the final judgment or decision of the Court of Appeals, the aggrieved party may appeal by certiorari as provided in Rule 45 of the Rules of Court.
Hence, the instant appeal was erroneously made to this Court. This case falls within the exclusive appellate jurisdiction of the Court of Appeals.
WHEREFORE, pursuant to Section 31 of the Judiciary Law, this case is transferred to the Court of Appeals. (See Minute Resolution in Syquia v. Register of Deeds of Manila, G.R. No. 55075, November 24, 1980.).chanrobles virtual lawlibrary
SO ORDERED.
Barredo (Chairman), Concepcion Jr., Abad Santos and De Castro, JJ., concur.
