A Flashcards
Modes of acquiring property ownership?
PPAPI
- public grant
- private grant
- accretion
- prescription
- inheritance
- involuntary grant
installment sales not covered by Maceda law
industrial lots,
commercial,
tenants under RA 3844,
those covered by Deed of Sale w/ mortgage and NOT contract to sell
priority in double sale
- first registered
- buyer in good faith who took possession
- oldest title
cases when buyer of leased property bound to respect leasehold
- lease is registered
- buyer has actual knowledge
- provided in the contract that lease must be respected
features of RA 6732
- admin recon can only be availed when OCT were lost/destroyed by fire, flood or force majeure
- at least 10% of titles are lost and not less than 500
classification of critical projects requiring EIS
(HEG)
- heavy industries
- extractive industries
- golf courses
4 agents of production
land, labor, capital, mgt
what are in the 5 agenda of Philippine Agenda 21
poverty reduction empowerment and good governance ecological integrity peace and solidarity social equity
functions of hlurb
-condo plans
- cor/LTS
- cert of completion
- approve homeowners associations (?)
- advertisement approval
- mortgage clearance
- master deed amendment/expansion of condo
- performance bond (reduce/cancel)
BP 185
dual citizens can own RESIDENTIAL
1000 sq m urban
1 ha rural
place of filing for cert of no improvement
Assessors
maceda law refund amount
after 24 months, 50% until 5 years
+ 5% for every year, not exceeding 90%
RA 8179
dual citizens can own BUSINESS
5000 sq m
3 ha
assessment level
MIC-AR-T
MIC - 50%
A - 40%
RT - 20%
interest rate of any unpaid RPT
2% per month, max f 36 mos
RA 6552 grace period
1 month every year
project without ECC violation
P50K per violation
what were the new provisions in ra 7899
- common areas cannot be sold, mortgaged, assigned - simple majority
- changes in master deed - simple majority
cases when husband and wife can sell to each other
- legal separation
- judicial sepaaration of property
- separation of property regime
6 basic needs of human settlements
parks and playgrounds power water storm drainage waste disposal movt/circulation
mode of extinguishing agency
EDWARD
antichresis vs. real estate mortgage
POSSESSION, FRUITS, TAXES
anti chresis - creditor
mortgage - debtor
documentary requirements for DAR clearance in sale of 5 ha. agri land
- application DAR clearance
- copy of title, lot and vicinity plan
- affidavit of non-tenancy or affidavit of voluntary surrender
- affidavit that seller is selling his retention area
- affidavit of total/aggregate land holding (won’t exceed 5 ha)
- clearance from National Irrigation Authority
cirtical projects requiring EIS
heavy industries
extract industries
golf courses
when cnoversion of land is not allowed
- irrigated lands and irrigated lands with no water but w/ rehab projects
- NIPAS areas
- irrigable lands w/ firm funding commitment
- agri lands with irrigated facilities
properties exempt from rent control
- motels/hotels
- dormitories
- boarding houses/bed spaces
when LTS is not required
- original seller selling own land
- sale due to partition among co-heirs/co-owners
- on behalf of mortgagee to liquidate mortgage obligation
- capital assets
real estate exempt from realty tax
- Charities/institutions
- Churches
- Cooperatives
- GOCC
- water/elec
- pollution control
tax exemptions for socialized housing program participants
CGT on sale of land
- transfer tax
- donors tax
- VAT
scope of ra 7279
- all lands in urban and urbanizable areas
- APDs
- ZIP/SIRS
effect of voluntary dissolution of condo corp
- condo corp will have SPA to sell interest
- liquidation of corp effected by sale of entire proj
effect of invountary dissolution
- transferred pro-indiviso of interest
- transfer of interest = full liquidation of membership in condo corp
5 fundamental principles of appraisal
- current and FMV
- appraisal will be uniform standard of value in each political subd
- based on actual use
- appraisal for tax purposes cant be done by private parties
taxes charges
20% p.a. interest
25% surcharge late
50% surcharge late - deliberate (fraud/falsify)
5 govt agencies involved in prep of necessary rules andregulation in ROW acquisition for govt projects
DPWH - chair DOTC - member DOE DOJ Presidents of leagues, provinces, municipalities
3 instances w/ no doc stamp
donation
inheritance
purchase of socialized housing
amt of financial assistance if relocation is not immediately possible
60 days * Min wage
grounds for revocation of registration cert and LTS
owner/dealer is insolvent
violated laws
engaged in fraud
grounds for suspension of LTS/cease and desist order
verified complaint by a buyer
misleading info in the registration
developer/dealer engaged in practice w/c constitute violation
4 effects where beneficiary of socialized housing program unlawfully sold/transferred/disposed`
- loses right over the land
- forfeited amortizations
- sale is null and void
- barred from benefits for 10 years
options of buyer when developer fails to complete project
- refund of all payments plus interest - penalty payments
- suspend amortization payment after notice to developer and HLURB
APDs
- ecozones
- tourism zones
- RAIC by DTI and DA
- agri lands owned by govt
- agri lands for
members of the CPE council
PRBRES member - chair
member from AIPO
member from academe
lease limitations (size and years)
corp
individual
foreigners
1000 ha; 50 yrs + 25 yrs
500 ha. 25 + 25
25 - 25 (individual); 50 + 25 (corp)
5 agencies under HUDCC
HGC NHMFC HLURB SHFC NHA
2 types of limitations to land ownership
legal/govt
contractual
how many years does prc commissioner has?
7
of regulatory boards in the phil
46
locational clearance
written authorization or permit to develop or use or construct in certain areas or any
parcel of land based on approved plan use or zoning ordinance; in the absence of a zoning ordinance, the grant of permit shall be based on HLURB planning standards and guidelines.
Under the Rent Control Law, the lessor may ask for a deposit rental not exceeding;
2 months
condo damages for voluntary dissolution
- 3 years after damage or destruction renders it unfit and project wasnt rebuilt
- 50% of units damaged, 30% of stockholders opposed to repair
- 50 year life and condo is obsolete and uneconomical, 50% opposed to repair
- project is expropriated, 70% opposed to continuation of condo regime
