01 REB Lecture Notes
01 REB Lecture Notes
* COMMON PROPERTY
AGREEMENT NOT TO DIVIDE: UP TO 10 YRS
DIVISION PROHIBITED BY TESTATOR: UP TO 20 YRS
ALTERATION MUST BE DECIDED BY ALL, EVEN IF BENEFICIAL IT CAN BE
OPPOSED
* STEWARDSHIP PRINCIPLE
- THE CONSTI. PROVIDES THAT PROPERTY OWNERS MUST NOT ONLY
USE THEIR
PROPERTIES FOR THEMSELVES BUT ALSO FOR GEN. WELFARE.
* PUBLIC DOMINION
OUTSIDE COMMERCE OF MAN
CANNOT BE ACQ. BY PRESCRIPTION
CANNOT BE REGISTERED
CANNOT BE BURDENED BY EASEMENT
* FOREIGNER CAN OWN A HOUSE BUT CAN ONLY LEASE THE LAND
* CONDEMNATION VALUE – EST. VALUE OF PROP. SUBJECT TO
EXPROPRIATION FOR PUBLIC USE
* ATTRIBUTES OF OWNERSHIP (ROMAN LAW)
JUS UTENDI – USE
JUS ABUTENDI – ABUSE
JUS FRUENDI – FRUITS
JUS POSSEDENDI – POSSESS
JUS DISPONENDI – DISPOSE, ENCUMBER
JUS VINDICANDI - RECOVER
* BASES OF CITIZENSHIP
JUS SANGUINIS – NATIONALITY OF PARENTS
JUS SOLI – PLACE OF BIRTH
* ACCION INTERDICTAL
TO RECOVER REAL PROPERTY DUE TO FORCIBLE ENTRY/UNLAWFUL
DETAINER
FILED W/IN 1 YR.
* ACCION PUBLICIANA
RECOVER BETTER RIGHT OF POSSESSION OF A REAL PROPERTY
FILED W/IN 10 YRS
* ACCION REINVINDICATORIA
RECOVER OWNERSHIP OF REAL PROPERTY
FILED AT THE RTC W/IN 10 YRS (ORD. PRES.) OR 30 YRS (EXTRAORD.)
* KINDS OF ACCESSION
ACCESSION DISCRETA – FRUITS
ACCESSION CONTINUA
REAL PROPERTY: INDUSTRIAL (BLDG) AND NATURAL (ALLUVIUM)
PERSONAL PROPERTY: ATTACHMENT AND MIXTURE
* LAND FORMED DUE TO AVULSION – THE ORIG. OWNER CAN REACQUIRE HIS
LAND WITHIN 2YRS.
ON HIS EXPENSE OR LABOR
* CO-OWNERSHIP
NOT A JURIDICAL PERSON
CANNOT SUE ON ITS NAME
CO-OWNERS MUST ACT ON THEIR BEHALF
* DETERMINATION OF INDEMNITY
PERMANENT – VALUE OF LAND OCCUPIED AS EASEMENT OR DAMAGE
CAUSED
TEMPORARY – BASED ON DAMAGE CAUSED
* EASEMENT OF VIEW
DIRECT VIEW – 2 M BETWEEN WALLS
OBLIQUE VIEW –NOT LESS THAN 60 CM
* CONSTRUCTIVE TRADITION
SYMBOLICA
LONGA MANU
BREVI MANU – VENDEE ALREADY HAS POSSESSION THRU ANOTHER
TITLE
LESSEE BOUGHT PROPERTY LEASED
CONSTITUTUM POSSESSORIUM – VENDOR CONTINUES POSSESSION
BUT IN OTHER CAPACITY
SALE AND LEASEBACK BY THE OWNER
* EXPROPRIATION PROCEEDING
IF THERE’S CONFLICT AS TO AMOUNT OF JUST COMPENSATION
THE GOVT IS REQ. TO PAY 15% OF THE AMOUNT OFFERED
THE REMAINING MUST BE DEPOSITED IN THE BANK
* CODE OF ETHICS FOR RESP – FROM REAL ESTATE BROKERAGE LAW (CA
2728)
* SANCTIONS
A. VIOLATION OF CODE
1ST OFFENSE – WARNING
2ND OFFENSE – 2 MOS. PHILRES SUSPENSION
3RD OFFENSE – 4 MOS. PHILRES SUSPENSION
4TH OFFENSE – PRC AND PRBRES SUSPENSION
5TH OFFENSE/HABITUALITY – PRC AND PRBRES CANCELLATION
* LBAA
CHAIR: ROD
MEMBERS: ENGR. OR AUDITOR
* RPT AND SEF ARE PAID IN ADVANCE, THE SANGGUNIAN MAY GRANT UP TO
20% DISCOUNT ANNUALLY
* RPT COLLECTION
WITHIN 5 YRS FROM DUE DATE
WITH FRAUD OR INTENT TO EVADE PAYMENT, WITHIN 10 YRS
* EDUCATIONAL INSTITUTIONS ARE EXEMPT FROM RPT BUT NOT FROM RET
(CGT,ET,DT,DST,VAT)
* PAYMENT OF CGT:
RDO WHERE THE PROPERTY IS REGISTERED
WITHIN 30 DAYS FROM NOTARIZATION OF DEED OF SALE
LATE PAYMENT: 20% INT, 25% PENALTY, COMPRO TAX
* DST ON TRANS OTHER THAN SALE OF RP IS DUE AFTER 10 DAYS AFTER END
OF MONTH OF FILING SUCH DOCUMENT
* INITIAL PAYMENT:
RECEIVED ON OR BEFORE EXECUTION OF DEED OF SALE
RECEIVED OR EXPECTED TO BE AT THE YEAR OF SALE
* INSTALLMENT PLANS WITH NMT 25% INITIAL PAYMENT – SUBJ TO VAT ON ITS
INSTALLMENT PAYMENTS INCLUDING INTEREST AND CHARGES
* RENT SHALL BE PAID WITHIN 5 DAYS FROM THE START OF THE MONTH OR
FROM THE START OF LEASE UNLESS THE CONTRACT PROVIDES OTHER DATE
FOR PAYMENT
*A DEVELOPER THAT WILL SELL LOTS FROM HIS PROJECT MUST REGISTER AS
REAL ESTATE DEALER FROM HLURB
*THE BUYER WILL BE LIABLE TO REALTY TAX ON THE YEAR FF THE YEAR OF
PURCHASE
*IN THE NEGOTIATION OF SALE OF SUBD OR CONDO, THE REB SHALL ACT AS
ONE OF THE WITNESSES INDICATING HIS LICENSE NO. AND EXPIRY DATE
*THE PRICE OF SALEABLE LOTS SHALL NOT EXCEED 40% OF THE TOTAL PRICE
OF H&L
*PURPOSE OF UDHA
UPLIFT CONDITIONS OF UNDERPRIVILEGED AND HOMELESS
COST IS P400K MAX
DEVELOPERS ARE REQUIRED TO DEVELOP 20% OF THE PROJECT FOR
SOCIALIZED HOUSING OR LAND EQUIVALENT TO 20% OF EXISTING SUBD
PROJECTS
*A REAL ESTATE DEVELOPER WHO WILL SELL HIS OWN PROPERTY SHALL
REGISTER AS R.E. DEALER
CONDOMINIUM CONCEPTS
*DOJ OPINION 175 – A 100% FOREIGN OWNED CONDO WITH FOREIGN CONDO
CORP CAN PUT UP A CONDO PROJECT ON A RENTED LAND FOR NMT 10 YRS
*MATERIAL CONTRACT
5% OR MORE OF THE TOTAL DEPOSITED PROPERTY (ORDINARY
COURSE OF BUSINESS)
ALL CONTRACTS ENTERED (NOT IN ORDINARY COURSE)
REGARDLESS OF AMOUNT: AGREEMENT BETWEEN REIT AND FUND
MGR/PROPERTY MGR/SHAREHOLDERS
DISPOSITION OF REAL ESTATE
INVESTMENT CONTRACTS
JV,MERGER,CONSO
*REIT SHALL HAVE MIN. PAID UP CAP OF P300M AT INCORPO (CASH AND PROP)
*EX. AUTH CAP STOCK IS P10B, SUBS CAP STOCK MUST BE P2.5B (25%), PAID
UP P625M (25%).
*HEADS UP DIGITATION – TRACING GEO DATA FROM THE TOP THRU AN AERIAL
IMAGERY
*HEADS DOWN DIGI – TRADITIONAL METHOD
*USERS OF GIS
GENERAL – PLANNER, SCIENTISTS, ADMINISTRATORS
SPECIALISTS – PROGRAMMERS, DESIGNERS, DEVELOPERS
VIEWERS – CLIENTS, RE PRACTITIONERS, PUBLIC
*UNTITLED:
CCN – CONSOLIDATION
CCS – CONSOLIDATION AND SUBDIVISION
CSD – SUBDIVISION
*COMPONENTS OF CARP
LAND TENURE IMPROVEMENT – MAKING ACTUAL TILLER THE OWNER
AGRARIAN JUSTICE DELIVERY – SPEEDY AND FAIR SETTLEMENT OF
DISPUTES
PROGRAM BENEFICIARIES DEVELOPMENT – APPROACH BY DAR TO
REINFORCE SUPPORT TO INCREASING PRODUCTIVITY
*IDLE OR ABANDONED LAND – AGRI LAND THAT ARE NOT CULTIVATED FOR
CONTINUOUS 3 YRS
*IF QUALIFIED BENE IS MINOR, HIS GUARDIAN SHALL REPRESENT HIM UNTIL
HE’S QUALIFIED
*URBAN LAND – ATLEAST 2000 RESIDENTS PER SQ KM AND 50% ARE IN NON
AGRI BUSINESS
*CANCELLATION OF CLOA
MISREPRESENTATION OF QUALIFICATIONS
SALE, TRANSFER, LEASE
MISUSE
CONTINUOUS NEGLECT (PERIOD DETERMINED BY DAR)
FAILS TO PAY 3 CONSEC AMORT
CONVERSION TO NON AGRI
WAIVED RIGHT
SURRENDER OF OWNERSHIP
REB PRACTICE
*REB
PERFORMS: LAMPSONE
TRANSACTS: SPLEMJO
*LICENSE/TAX
BROKERS – PRC/OCCUPATION
DEALERS – HLURB/INCOME
*STAGES IN BROKERAGE
1. SECURING LISTINGS
2. LOOKING FOR PROSPECTS
3. PRESENTATION AND DEMONSTRATION
4. NEGOTIATION
5. CLOSING OR CONSUMMATION
6. REGISTRATION IN THE BUYER’S NAME
*WHEN THE PROPERTY WAS DIRECTLY SOLD BY THE SELLER TO THE BUYER
BUT THE BROKER PREVIOUSLY LISTED THE BUYER THROUGH WRITING, THE
BROKER IS STILL ENTITLED TO THE PROF FEE PROVIDED THERE’S A HOLD-
OVER CLAUSE
*THE BROKER MUST NOT HAVE AN INTEREST WITH THE PROPERTY BEING
SOLD WITHOUT FULL DISCLOSURE TO THE PRINCIPAL
*TURN KEY LOAN – LENDER HAS CONTROL OVER THE PROJECT AND INCOME
*PROGRAMS BY PAG-IBIG
COMMUNITY MORTGAGE PROGRAM (CMP)
1. P80K MAX LOAN, 25 YRS, 5% BY NHA
2. ENABLES SQUATTERS AND SLUM DWELLERS TO ACQ LAND
WHERE THEYRE RELOCATED
UNIFIED LENDING PROGRAM (ULP)
1. BY HUDCC THRU NHMFC OR PAGIBIG
*GEN. BANKING ACT – THE LOAN GRANTED SHOULD NOT BE MORE THAN 80%
OF THE APPRAISED VALUE OF THE PROPERTY SECURED
*FACTORS OF PRODUCTION
LAND
LABOR
CAPITAL
ENTREPRENEUR
*ELEMENTS OF INVESTMENT
YIELD
SAFETY
LEVERAGE
CONTROL
*CAUSES OF VALUE
PROXIMATE CAUSE – DESIRE OF MEN TO HAVE FOR A THING
REMOTE CAUSE – UTILITY TO SATISFY WANTS AND ITS SCARCITY
ECOLOGY
RELATION BETWEEN PLANTS AND ANIMALS WITH ITS INORGANIC
PHYSICAL ENVIRONMENT AND CULTURE
OIKOS = HOUSE (GREEK)
PRBRES
1 CHAIR
4 MEMBERS ( 2 FROM GOVT ASSESSORS)
*FUNCTIONS OF PRBRES
GUIDELINES AND POLICIES
CONDUCT EXAMS
ISSUE, SUSPEND, REVOKE, REINSTATE LICENSES
HEAR AND INVESTIGATE VIOLATIONS
FIX RATES AND FEES
ADMINISTER OATHS
*CONSULTANT’S EXAM REQ – 10 YRS FOR REB, ASSESSOR, BANK APPR AND 5
YRS FOR REA
*INDEMNITY BOND FOR REB AND REA – 20K VALID AND RENEWABLE EVERY 3
YRS
*RE SALESPERSON:
ATLEAST 2 YRS IN COLLEGE
12 CREDIT UNITS OF TRAINING IN REB
ACCREDITATION VALID FOR 1 YR RENEWABLE AT BIRTHMONTH
1K BOND
RA 9646 – EFFECTIVITY: JULY 30 2009
PUBLICATION: JULY 15 2009 (15D)
IRR – EFFECTIVITY: AUG 9 2010
- PUBLICATION: JULY 24 2010 (15D)
*LICENSE NO. / PROF ID NO. / PTR NO. / AIPO NO. MUST BE INDICATED IN:
DOCS SIGNED
LETTERHEAD
DRY SEAL
SIGNBOARDS
ADS
*EXCESS CUs CANNOT BE CARRIED OVER TO THE NEXT YR EXCEPT FOR CUs
FROM DOCTORAL AND MASTERAL DEGREES