December 13, 1996
DAR OPINION NO. 128-96
Mr. Benigno de Guzman
PARCCOM Chairman
DAR Provincial Office
Cabanatuan City
Dear Mr. de Guzman:
This refers to the Nueva Ecija PARCCOM Resolution No. 002, Series of 1995, subject of the Memorandum dated 22 February 1996 of Dir. Jose T. Domingo. As gleaned from said Resolution, the Committee is requesting the following, to wit:
1) That the hearing of all reconstitution cases involving landholdings covered under the agrarian reform program which are supposedly lodged with the ROD be transferred from RTC to DARAB;
2) That the required document prescribed under R.A. 26 and MC No. 5, Series of 1994 for the reconstitution of title be limited to the "Approved Survey Plan" and "Certified Technical Description"; and
3) That DAR Para-Legal Officers be allowed to appear before the RTC in reconstitution cases.
At the outset, please be informed that in general, lost or destroyed original copies of certificates of title are reconstituted through judicial proceedings pursuant to Section 110 of the Property Registration Decree (PD No. 1529). However, RA 6732 allows for administrative reconstitution when the original copies of the Certificate of Title in the Office of the Register of Deeds are destroyed due to fire, flood, or other force majuere as determined by the LRA Administrator where the destroyed records constitute at least ten percent (10%) of the total number of titles but in no case shall these be less than 500.
Anent the first request, please be informed that this Department has no authority to grant the request to transfer reconstitution cases involving landholdings covered under CARP. Jurisdiction to hear and decide cases is conferred only by the Constitution or the law. It cannot be fixed by the will of the parties, it cannot be acquired through, enlarged or diminished by any act or omission of the parties. Constitutionally viewed, apportionment of jurisdiction is vested in Congress.
On your request to limit the documentary requirements for reconstitution of certificate of title only to "Approved Survey Plan" and Certified Technical Description", we regret that the same is not within DAR's jurisdiction. The law (RA 26) exclusively enumerated the sources from which a lost or destroyed certificate of title be reconstituted. To limit said documentary requirements would be inconsistent with the principle that what the law does not include it excludes.
Anent the appearance of DAR Para-Legal Officers before the RTC in reconstitution cases, please be informed that persons not entitled to practice law, i.e. Para-Legal Officers, are not authorized to appear in court (RTC), meaning to say, only members of the Bar are authorized to appear in the RTC.
We hope to have enlightened you on the matter.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
Dir. Jose T. Domingo
PARC Secretariat