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Republic Act No. 1151

PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY

REPUBLIC ACTS




REPUBLIC ACT NO. 1151
REPUBLIC ACT NO. 1151 - AN ACT CREATING THE LAND REGISTRATION COMMISSION, AND AUTHORIZING AND APPROPRIATING THE NECESSARY FUNDS THEREFOR

Section 1. Land Registration Commission. – In order to have a more efficient execution of the existing laws relative to the registration of lands, there is created a commission to be known as the Land Registration Commission, under the executive supervision of the Secretary of Justice. Said Commission shall have supervision and control over all Registers of Deeds, as well as the clerical and archival system of the Courts of First Instance throughout the Philippines in the exercise of the duties and functions conferred upon them with the reference to the registration of lands, and shall constitute a central repository of original records in matters connected with land titles and the registration thereof."

Sec. 2. Chief and Assistant Chief of the Commission. – The Land Registration Commission shall have a chief and an assistant chief, to be known, respectively, as the Commissioner and the Assistant Commissioner of Land Registration who shall be appointed by the President with the consent of the Commission on Appointments. The Commissioner shall be a duly qualified member of the Philippine Bar with at least five years of practice in the legal profession, and shall be entitled to the same compensation, emoluments and privileges as those of a Judge of the Court of First Instance. The Assistant Commissioner, who shall possess the same qualifications as those required of the Commissioner, shall receive compensation at the rate of seven thousand two hundred pesos per annum. He shall act as Commissioner of Land Registration during the absence or disability of the Commissioner, and when there is a vacancy in the position until another person shall have been designated or appointed in accordance with law. The Assistant Commissioner shall also perform such other functions as the Commissioner may assign to him.

Sec. 3. General functions of the Commission. – The Commissioner of land Registration shall take over all the powers and functions as are now conferred upon the Chief of the General Land Registration Office, which positions is hereby abolished, as well as the powers and functions of the Judge of the Fourth Branch of the Court of First Instance of Manila, in all matters heretofore submitted to it for resolution under section two hundred of the Administrative Code. The Commissioner shall likewise exercise executive supervision over all the personnel of the Courts of First Instance throughout the Philippines with respect to the discharge of duties and functions conferred by law upon such personnel in relation to registration of lands, and all clerks of said courts acting with respect to the same shall be deemed to be under the Commissioner. It shall be the duty of said clerks of court to attend, either in person or by deputy, all sessions of their respective courts wherein proceedings relative to registration of lands are held, to keep minutes of such proceedings, and to perform with reference thereto all the duties and functions of clerks of court. The Commissioner of Land Registration shall designate an officer under him to act as clerk of the fourth branch of the Court of First Instance of Manila in matters relating to the registration of land and perform in connection therewith all the duties and functions of clerk of court.cralaw

The Commissioner of Land Registration shall see to it shall all orders, decisions, and decrees promulgated relative to the registration of lands are properly attended to and given due course, for which purpose he shall issue all needful rules and regulations, subject to the approval of the Secretary of Justice.

Sec. 4. Reference of doubtful matters to Commissioner of Land Registration. – When the Register of Deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage, or other instrument presented to him for registration, or where any party in interest does not agree with the Register of Deeds with reference to any such matter, the question shall be submitted to the Commissioner of Land Registration either upon the certification of the Register of Deeds, stating the question upon which he is in doubt, or upon the suggestion in writing by the party in interest; and thereupon the Commissioner, after consideration of the matter shown by the records certified to him, and in case of registered lands, after notice to the parties and hearing, shall enter an order prescribing the step to be taken or memorandum to be made. His decision in such cases shall be conclusive and binding upon all Registers of Deeds: Provided, however, That when a party in interest disagrees with the ruling or resolution of the Commissioner and the issue involves a question of law, said decision may be appealed to the Supreme Court within thirty days from and after receipt of the notice thereof.cralaw

Sec. 5. Transfer of functions, records, personnel, appropriation and properties. – All the functions, records, personnel, equipment, unexpended appropriations and other properties of the General Land Registration Office are hereby transferred to the Land Registration Commission.cralaw

Sec. 6. Repealing Clause. – All existing laws or parts thereof as may be inconsistent with the provisions of this Act are hereby repealed.cralaw

Sec. 7. The sum of two million pesos, or so much thereof as may be necessary, is hereby authorized and appropriated, out of any funds in the National Treasury not otherwise appropriated, to carry out the purposes of this Act, for the fiscal year ending June thirty, nineteen hundred and fifty-five, broken down as follows:

Salaries and Wages P1,542,040.00

Sundry expenses 226,960.00

Furniture and equipment 231,000.00

The same sum or so much thereof as may be necessary shall be included yearly in the appropriation acts for subsequent fiscal years.

Sec. 8. This Act shall take effect upon its approval.cralaw

Approved: June 17, 1954

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