A Flashcards

1
Q

Modes of acquiring property ownership?

A

PPAPI

  • public grant
  • private grant
  • accretion
  • prescription
  • inheritance
  • involuntary grant
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2
Q

installment sales not covered by Maceda law

A

industrial lots,
commercial,
tenants under RA 3844,
those covered by Deed of Sale w/ mortgage and NOT contract to sell

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3
Q

priority in double sale

A
  • first registered
  • buyer in good faith who took possession
  • oldest title
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4
Q

cases when buyer of leased property bound to respect leasehold

A
  • lease is registered
  • buyer has actual knowledge
  • provided in the contract that lease must be respected
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5
Q

features of RA 6732

A
  • 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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6
Q

classification of critical projects requiring EIS

A

(HEG)

  • heavy industries
  • extractive industries
  • golf courses
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7
Q

4 agents of production

A

land, labor, capital, mgt

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8
Q

what are in the 5 agenda of Philippine Agenda 21

A
poverty reduction 
empowerment and good governance
ecological integrity 
peace and solidarity
social equity
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9
Q

functions of hlurb

A

-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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10
Q

BP 185

A

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

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11
Q

place of filing for cert of no improvement

A

Assessors

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12
Q

maceda law refund amount

A

after 24 months, 50% until 5 years

+ 5% for every year, not exceeding 90%

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13
Q

RA 8179

A

dual citizens can own BUSINESS
5000 sq m
3 ha

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14
Q

assessment level

A

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

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15
Q

interest rate of any unpaid RPT

A

2% per month, max f 36 mos

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16
Q

RA 6552 grace period

A

1 month every year

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17
Q

project without ECC violation

A

P50K per violation

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18
Q

what were the new provisions in ra 7899

A
  • common areas cannot be sold, mortgaged, assigned - simple majority
  • changes in master deed - simple majority
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19
Q

cases when husband and wife can sell to each other

A
  • legal separation
  • judicial sepaaration of property
  • separation of property regime
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20
Q

6 basic needs of human settlements

A
parks and playgrounds
power
water
storm drainage
waste disposal
movt/circulation
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21
Q

mode of extinguishing agency

A

EDWARD

22
Q

antichresis vs. real estate mortgage

A

POSSESSION, FRUITS, TAXES
anti chresis - creditor
mortgage - debtor

23
Q

documentary requirements for DAR clearance in sale of 5 ha. agri land

A
  • 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
24
Q

cirtical projects requiring EIS

A

heavy industries
extract industries
golf courses

25
Q

when cnoversion of land is not allowed

A
  • 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
26
Q

properties exempt from rent control

A
  • motels/hotels
  • dormitories
  • boarding houses/bed spaces
27
Q

when LTS is not required

A
  • original seller selling own land
  • sale due to partition among co-heirs/co-owners
  • on behalf of mortgagee to liquidate mortgage obligation
  • capital assets
28
Q

real estate exempt from realty tax

A
  • Charities/institutions
  • Churches
  • Cooperatives
  • GOCC
  • water/elec
  • pollution control
29
Q

tax exemptions for socialized housing program participants

A

CGT on sale of land

  • transfer tax
  • donors tax
  • VAT
30
Q

scope of ra 7279

A
  • all lands in urban and urbanizable areas
  • APDs
  • ZIP/SIRS
31
Q

effect of voluntary dissolution of condo corp

A
  • condo corp will have SPA to sell interest

- liquidation of corp effected by sale of entire proj

32
Q

effect of invountary dissolution

A
  • transferred pro-indiviso of interest

- transfer of interest = full liquidation of membership in condo corp

33
Q

5 fundamental principles of appraisal

A
  • 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
34
Q

taxes charges

A

20% p.a. interest
25% surcharge late
50% surcharge late - deliberate (fraud/falsify)

35
Q

5 govt agencies involved in prep of necessary rules andregulation in ROW acquisition for govt projects

A
DPWH - chair 
DOTC - member
DOE 
DOJ
Presidents of leagues, provinces, municipalities
36
Q

3 instances w/ no doc stamp

A

donation
inheritance
purchase of socialized housing

37
Q

amt of financial assistance if relocation is not immediately possible

A

60 days * Min wage

38
Q

grounds for revocation of registration cert and LTS

A

owner/dealer is insolvent
violated laws
engaged in fraud

39
Q

grounds for suspension of LTS/cease and desist order

A

verified complaint by a buyer
misleading info in the registration
developer/dealer engaged in practice w/c constitute violation

40
Q

4 effects where beneficiary of socialized housing program unlawfully sold/transferred/disposed`

A
  • loses right over the land
  • forfeited amortizations
  • sale is null and void
  • barred from benefits for 10 years
41
Q

options of buyer when developer fails to complete project

A
  • refund of all payments plus interest - penalty payments

- suspend amortization payment after notice to developer and HLURB

42
Q

APDs

A
  • ecozones
  • tourism zones
  • RAIC by DTI and DA
  • agri lands owned by govt
  • agri lands for
43
Q

members of the CPE council

A

PRBRES member - chair
member from AIPO
member from academe

44
Q

lease limitations (size and years)
corp
individual
foreigners

A

1000 ha; 50 yrs + 25 yrs
500 ha. 25 + 25
25 - 25 (individual); 50 + 25 (corp)

45
Q

5 agencies under HUDCC

A
HGC 
NHMFC
HLURB
SHFC 
NHA
46
Q

2 types of limitations to land ownership

A

legal/govt

contractual

47
Q

how many years does prc commissioner has?

A

7

48
Q

of regulatory boards in the phil

A

46

49
Q

locational clearance

A

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.

50
Q

Under the Rent Control Law, the lessor may ask for a deposit rental not exceeding;

A

2 months

51
Q

condo damages for voluntary dissolution

A
  • 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