Executive Order No. 649




EXECUTIVE ORDER NO. 649 February 9, 1981 REORGANIZING THE LAND REGISTRATION COMMISSION INTO THE NATIONAL LAND TEXTILES AND DEEDS REGISTRATION ADMINISTRATION AND REGIONALIZING THE OFFICES OF THE REGISTRARS THEREIN WHEREAS, there is a need to improve the services and better systematize the operation of the Land Registration Commission in the Ministry of Justice; WHEREAS, to this end it becomes necessary to reorganize and restructure the Land Registration Commission, including its provincial and city registries, and to regionalize said registries; WHEREAS, under Presidential Decree No. 1416, as amended, the President is empowered to undertake such organizational and related improvements as may be appropriate in the light of changing circumstances and new developments; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by Presidential Decree No. 1416, as amended, do hereby order and ordain the following: Sec. 1. National Land Titles and Deeds Registration Administration; Creation of the Offices of the Administrator and Deputy Administrator. The Land Registration Commission is hereby reorganized into an office to be known as the National Land Titles and Deeds Registration Administration. It shall have the following functions: (1) Issue decrees of registration pursuant to final judgments of the courts in land registration proceedings and cause the issuance by the Registrars of Land Titles and Deeds of the corresponding certificates of title; (2) Be the central repository of records relative to original registration of lands titled under the Torrens system, including subdivision and consolidation plans of titled lands; and (3) Extend assistance to courts in ordinary and cadastral land registration proceedings and to the other agencies of the government in the implementation of the land reform program. There are hereby created in the Administration the Offices of the Administrator and the Deputy Administrator. The Administrator shall have the following powers and functions: (1) Exercise supervision and control over all Registrars of Land Titles and Deeds and other personnel of the Administration; (2) Resolve cases elevated en consulta by, or on appeal from decisions of, Registrars of Land Titles and Deeds; (3) Exercise executive supervision over all clerks of court and personnel of the Courts of First Instance throughout the Philippines with respect to the discharge of their duties and functions in relation to the registration of lands; (4) Implement all orders, decisions, and decrees promulgated relative to the registration of lands and issue subject to the approval of the Minister of Justice, all needful rules and regulations therefor; and (5) Verify and approve subdivision, consolidation, and consolidation-subdivision survey plans of properties titled under Act No. 496 except those covered by P.D. No. 957. The Deputy Administrator shall act as Administrator during the absence or disability of the Administrator and when there is a vacancy in the position until another person shall have been designated or appointed in accordance with law. The Deputy Administrator shall also perform such other functions as the Administrator may assign to him. Sec. 2. Creation of Departments and Division in the Administration. There are hereby created the following departments and divisions in the Administration: (a) Administration and Personnel Management Department to be headed by a Manager for Personnel Management and Administration. There shall be under this Department the following divisions: (1) Administrative Services Division to be headed by a Chief Administrative Officer; (2) Personnel Management Division to be headed by a Chief Personnel Officer; (3) Docket Division to be headed by a Docket Chief. (b) Legal Affairs Department to be headed by a Manager for Legal Affairs. There shall be under this Department the following divisions: (1) Clerk of Court Division to be headed a Chief Clerk of Court; (2) Inspection and Investigation Division to be headed by a Chief Registry Inspector; (3) Law Division to be headed by a Chief Legal Officer. (c) Department on Registration to be headed by a Manager for Registration. (3) Financial Management Department to be headed by a Manager for Financial Management. There shall be under this Department the following Division; (1) Accounting Division to be headed by a Chief Accountant; (2) Budget and Finance Division to be headed by a Chief Financial Officer. There shall be a Security Division under the Office of the Administrator which shall be headed by a Chief Security Officer. Sec. 3. Creation of Regional Registries of Land Titles and Deeds. There are hereby created thirteen (13) regional Registries of Land Titles and Deeds, one for each of the following regions: Region I, consisting of the provinces of Abra, Benguet, Ilocos Norte, Ilocos Sur, La Union, Mountain Province, and Pangasinan, and the cities of Baguio, Dagupan, Laoag and San Carlos, with center at San Fernando, La Union; Region II, consisting of the provinces of Batanes, Cagayan, Ifugao, Isabela, Kalinga-Apayao, Nueva Vizcaya and Quirino, with center at Tuguegarao, Cagayan: Region III, consisting of the provinces of Bataan, Bulacan (except the municipality of Valenzuela), Nueva Ecija, Pampanga, Tarlac, and Zambales, and the cities of Angeles, Cabanatuan, Olongapo, Palayan and San Jose, with center at San Fernando, Pampanga; The National Capital Region, consisting of the cities of Manila, Quezon, Pasay and Caloocan, and the municipalities of Navotas, Malabon, San Juan, Mandaluyong, Makati, Pasig, Pateros, Taguig, Marikina, Parañaque, Las Piñas, Muntinlupa and Valenzuela; Region IV, consisting of the provinces of Batangas, Cavite, Laguna, Marinduque, Mindoro Occidental, Mindoro Oriental, Palawan, Quezon, Rizal (except the cities and municipalities embraced within the National Capital Region), Romblon, and Aurora, and the Cities of Batangas, Cavite, Lipa, Lucena, Puerto Princesa, San Pablo, Tagaytay and Trece Martires, with center at Rizal; Region V, consisting of the provinces of Albay, Camarines Sur, Camarines Norte, Catanduanes, Masbate, and Sorsogon, and the cities of Legaspi, Naga and Iriga, with center at Legaspi City; Region VI, consisting of the provinces of Aklan, Antique, Capiz, Iloilo, and Negros Occidental, and the cities of Bacolod, Bago, Cadiz, Iloilo, La Carlota, Roxas, San Carlos and Silay, and the subprovince of Guimaras, with center at Iloilo City; Region VII, consisting of the provinces of Bohol, Cebu, Negros Oriental, and Siquijor, and the cities of Bais, Canlaon, Cebu, Danao, Dumaguete, Lapu-Lapu, Mandaue, Tagbilaran and Toledo, with center at Cebu City; Region VIII, consisting of the provinces of Eastern Samar, Leyte, Northern Samar, Southern Leyte, and Western Samar, the subprovince of Biliran, and the cities of Calbayog, Ormoc and Tacloban, with center at Tacloban City; Region IX, consisting of the provinces of Basilan, Sulu, Tawi-Tawi, Zamboanga del Norte, and Zamboanga del Sur, and the cities of Dapitan, Dipolog, Pagadian and Zamboanga, with center at Zamboanga City; Region X, consisting of the provinces of Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Misamis Occidental, Misamis Oriental, and Surigao del Norte, and the cities of Butuan, Cagayan de Oro, Gingoog, Ozamiz, Oroquieta, Surigao and Tangub, with center at Cagayan de Oro City; Region XI, consisting of the provinces of Davao del Norte, Davao Oriental, Davao del Sur, South Cotabato, and Surigao del Sur, and the cities of Davao and General Santos with center at Davao City; and Region XII, consisting of the provinces of Lanao del Norte, Lanao del Sur, Maguindanao, North Cotabato, and Sultan Kudarat, and the cities of Cotabato, Iligan and Marawi, with center at Cotabato City. There shall be as many registrars of land titles and deeds as there are provinces and cities in the region. Each registrar shall be assisted by at least one deputy registrar. An additional position for deputy registrar may be created in any registry whenever the yearly average workload for the last three years in the particular registry shall warrant such creation, as recommended by the Administrator and approved by the Ministry of Justice. Every registrar of land titles and deeds shall be appointed to a particular province or city within the region and may be assigned to any other province or city within the region by the Minister of Justice upon recommendation of the Administrator when the public interest so requires. Sec. 4. Appointment, Qualification, Rank and Salary of Officials, and Subordinate Personnel. The Administrator, the Deputy Administrator, the Regional Registrar of Land Titles and Deeds, the Assistant Regional Registrar of Land Titles and Deeds, and the Provincial/City Registrars of Land Titles and Deeds, shall be appointed by the President upon recommendation of the Minister of Justice. All other officers and personnel of the Administration shall be appointed by the Minister of Justice upon recommendation of the Administrator. The Administrator shall have the same qualifications, rank and salary as those of an Associate Justice of a collegiate appellate court. The Deputy Administrator shall have the same qualifications as those required of the Administrator; and shall have the same rank and salary as those of a judge of the Court of First Instance. The Regional Registrars of Land Titles and Deeds and the Assistant Regional Registrars of Land Titles and Deeds shall be members of the Bar and shall, at the time of their appointments, have engaged in the practice of law for at least five (5) years, or for the same period, shall have held a position in the government requiring as a requisite therefor membership in the Bar. The Managers for Administration and Personnel Management and for Legal Affairs and the Provincial/City Registrars of Land Titles and Deeds and their Deputies, shall be members of the Bar. The Manager for Registration shall be a Geodetic Engineer. All other positions in the Administration shall continue to be covered by the qualification standards/guidelines fixed for the respective positions by the Civil Service Commission. The officers and personnel mentioned in the immediately preceding paragraph shall receive the same salaries attaching to comparable positions in other offices/agencies/commissions/boards under the Ministry of Justice. Sec. 5. Regional Registry of Land Titles and Deeds; Staff and Employees. Each Regional Registry of Land Titles and Deeds shall be under the supervision and control of the Administrator. It shall have a Regional Registrar of Land Titles and Deeds and an Assistant Regional Registrar of Land Titles and Deeds, Provided, That the Registrar of the province/city which is the center of the region shall be concurrently Regional Registrar of Land Titles and Deeds for that region and the Deputy Registrar of said province/city shall be concurrently Assistant Regional Registrar of Land Titles and Deeds thereof; Provided, further; That, with respect to the National Capital Region, the Administrator and the Deputy Administrator shall be the Regional Registrar and Assistant Regional Registrar, respectively, of said region; Provided, Finally, That it shall be the President who shall appoint the Provincial/City Registrar and the Deputy Provincial/City Registrar of the province/city which is the center of the region referred to in this section. Every Regional Registrar shall be assisted by a supportive staff as shall be provided for in the staffing pattern to be submitted by the Administrator. Sec. 6. The Regional Registrar of Land Titles and Deed; Functions. The Regional Registrar of Land Titles and Deeds shall perform the following functions: (a) Exercise immediate administrative supervision over all Provincial and City Registrar of Land Titles and Deeds and other personnel within the Region; (b) Implement all orders, decisions and decrees promuled relative to the registration of land within the region and issue, subject to the approval of the Administrator, all needful rules and regulations therefor; (c) Implement, policies, programs, memoranda, orders, circulars and rules and regulations of the administration; (d) Answer queries relative to registration of deeds, without prejudice to the authority of the Administrator to resolve consultas pursuant to the provision of Section 1 hereof; (e) Coordinate with local governments, with regional offices of other ministries, with police units and with the courts, in their respective territorial jurisdiction; (f) Extend speedy and effective assistance to the Ministry of Human Settlements, the Regional Offices of the Ministry of Agrarian Reform, the Land Bank of the Philippines and other agencies in the implementation of the humanization and land reform program of the government in the region; and (g) Approved applications for sick, vacation and maternity leaves of absence with or without pay, for a period not exceeding six months, for overtime services, and for official travel within the region for periods not exceeding thirty days. Sec. 7. Office, Space, Maintenance and Other Incidental Expenses. Until regional government centers in each of the administrative regions, as provided in the Integrated Reorganization Plan, shall have been constructed, the Budget Ministry and other agencies concerned are hereby directed to provide the Administration a suitable building and space to house the Regional Registry of Land Titles and Deeds created herein. Rental costs and other expenses incident to the maintenance of the Regional Registry shall be paid out of the national funds. The province or city shall furnish a suitable space or building for the Office of the Registrar of Land Titles and Deeds until such time as the same could be furnished out of national funds. Sec. 8. Abolition of Existing Positions in the Land Registration Commission. The President shall issue the necessary implementing orders specifying the details of the reorganization provided herein. All structural units in the Land Registration Commission and in the registries of deeds, and all positions therein shall cease to exist from the date specified in the implementing order to be issued by the President pursuant to the preceding paragraph. Their pertinent functions, applicable appropriations, records, equipment and property shall be transferred to the appropriate staff or offices herein created. Sec. 9. Incumbents; Vacation of Offices. The provision of the second paragraph of the preceding section notwithstanding, all officials and employees in the Land Registration Commission central office as well as in the registries of deeds shall continue in office until, and shall vacate the same only upon, the appointment and qualification of the officials and employees to whom their powers, functions and responsibilities substantially pertain. An incumbent who is appointed by the President or by the Minister of Justice, as the case may be, to a similar or equivalent position created in the Executive Order shall be allowed to received either the salary rate authorized for the position or his present salary whichever is higher. Sec. 10. Staffing Pattern. The Administrator shall, upon consultation with, and with the approval of the Minister of Justice, submit to the President, within ninety (90) days from the issuance of this Executive Order, a staffing pattern which shall be the basis of the implementing order to be issued by the President. The President shall issue appointments to the Administrator and Deputy Administrator of the National Land Titles and Deeds Registration Administration and to the Regional Registrars and the Assistant Regional Registrars of Land Titles and Deeds, and the Minister of Justice shall issue appointments to the rest of the personnel of the Administration, upon promulgation of the pertinent implementing order. Sec. 11. Payment of Gratuity. All officers and employees who may be separated or removed from the service by reason of the reorganization authorized herein shall be granted a gratuity at a rate equivalent to one month's salary for every year of continuous satisfactory service rendered, or the equivalent nearest fraction thereof favorable to them on the basis of the highest salary received: Provided, That any such officer or employee already entitled to gratuity or pension under existing law shall have the option to select between said gratuity or pension and the gratuity provided for in this Executive Order. The officers and employees referred to in the preceding paragraph shall not lose their civil service eligibilities and their names shall be entered in a preferential re-employment list so as to facilitate their reappointment to appropriate positions created pursuant to this Executive Order. Sec. 12. Appropriation. For the initial implementation of the provisions of this Executive Order, the appropriation of the Land Registration Commission for Calendar Year 1981 shall be applied and in case of deficiency, such sum as may be necessary to augment the same shall be taken from savings of the Ministry of Justice and/or income of the Land Registration Commission under Sections 113 and 116 of P.D. No. 1529 which is hereby appropriated for the purpose subject to Section 40 of P.D. No. 117. Sec. 13. Repealing Clause. All acts, laws, decrees, executive orders, letters of instructions and regulations or any part thereof which are inconsistent with any of the provisions of this Order are hereby repealed and/or modified accordingly. Sec. 14. Separability Clause. If for any reason, any section or provision of this Order is declared to be unconstitutional or invalid, the other sections or provisions of this Order which are not affected thereby shall continue in full force and effect. Sec. 15. Effectivity. This Executive Order shall take effect immediately. Done in the City of Manila, this 9th day of February, in the year of Our Lord, nineteen hundred and eighty-one. The Lawphil Project - Arellano Law Foundation