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Question

Allyssa through many years of tilting her land was awarded a Certificate of Land Ownership Award
(CLOA) evidencing ownership of the land granted or awarded to the beneficiary by DAR. After such
time her CLOA has ripened into an Original Certificate of Title (OCT). Due to a recent typhoon her
house being constructed in a low lying area was flooded, all important documents were destroyed
including the OCT for her Land. Knowing this, she filed with the Regional Trial Court (RTC) a
Petition for the Issuance of a new owner’s duplicate copy of the OCT. The RTC dismissed the
petition citing lack of jurisdiction for the jurisdiction over CLOA is under the Department of
Agrarian Reform. Is the decision of the RTC correct?

Answer:

The decision of the RTC is not correct.

The law provides that the Regional Trial Courts has the exclusive jurisdiction over all applications for
original registration of title to lands, including improvements and interests therein, and over all petitions
filed after original registration of title, with power to hear and determine all questions arising upon such
applications or petitions. Consequently, when the CLOA is registered and an Original Certificate of Title
is issued, the jurisdiction of the title will be transferred from the Department of Agrarian Reform
Adjudicatory Board to the Regional Trial Court.

Therefore, the RTC erred when they dismissed the Petition citing lack of jurisdiction. Allyssa’s CLOA has
been registered and now evolved into a Original Certificate of Title. Hence, the jurisdiction is now
exclusively vested to the RTC.

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