- 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

-condo plans - cor/LTS - cert of completion - approve homeowners associations (?) - advertisement approval - mortgage clearance - master deed amendment/expansion of condo - performance bond (reduce/cancel)

A Flashcards by Cat Dumancas

Modes of acquiring property ownership?

PPAPI

public grant
private grant
accretion
prescription
inheritance
involuntary grant

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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

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priority in double sale

first registered
buyer in good faith who took possession
oldest title

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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

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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

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classification of critical projects requiring EIS

(HEG)

heavy industries
extractive industries
golf courses

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4 agents of production

land, labor, capital, mgt

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what are in the 5 agenda of Philippine Agenda 21

poverty reduction 
empowerment and good governance
ecological integrity 
peace and solidarity
social equity

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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)

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BP 185

dual citizens can own RESIDENTIAL
1000 sq m urban
1 ha rural

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place of filing for cert of no improvement

Assessors

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maceda law refund amount

after 24 months, 50% until 5 years

+ 5% for every year, not exceeding 90%

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RA 8179

dual citizens can own BUSINESS
5000 sq m
3 ha

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assessment level

MIC-AR-T
MIC - 50%
A - 40%
RT - 20%

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interest rate of any unpaid RPT

2% per month, max f 36 mos

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RA 6552 grace period

1 month every year

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project without ECC violation

P50K per violation

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what were the new provisions in ra 7899

common areas cannot be sold, mortgaged, assigned - simple majority
changes in master deed - simple majority

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cases when husband and wife can sell to each other

legal separation
judicial sepaaration of property
separation of property regime

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6 basic needs of human settlements

parks and playgrounds
power
water
storm drainage
waste disposal
movt/circulation

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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?

of regulatory boards in the phil

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