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01 REB Lecture Notes

The document discusses various topics related to property ownership under Philippine law. It covers types of property like real property, personal property, and common property. It also discusses concepts like ownership rights and limitations, types of estates, modes of acquiring property, co-ownership, and easements. The document provides information on citizenship requirements for property ownership and regulations on foreign ownership. It concludes with a section on the code of ethics for real estate professionals in the Philippines.
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© © All Rights Reserved
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0% found this document useful (0 votes)
113 views

01 REB Lecture Notes

The document discusses various topics related to property ownership under Philippine law. It covers types of property like real property, personal property, and common property. It also discusses concepts like ownership rights and limitations, types of estates, modes of acquiring property, co-ownership, and easements. The document provides information on citizenship requirements for property ownership and regulations on foreign ownership. It concludes with a section on the code of ethics for real estate professionals in the Philippines.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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FUNDAMENTALS OF PROPERTY OWNERSHIP

* MACHINERIES AND EQUIPMENTS AS REAL PROPERTY


 BY OWNER
 WORK CARRIED UPON INSTALLATION
 MEET NEEDS OF BUSINESS
 ESSENTIAL

* BUILDING AS PERSONAL PROPERTY


 STIPULATED IN CONTRACT IN CHATTEL MORTGAGE
 BOUGHT FOR DEMOLITION

* 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.

* REGALIAN DOCTRINE – NATURAL RESOURCES FOUND ARE PROP. OF THE


STATE.
* PATRIMONIAL PROP. – PUBLIC DOMAIN NOT FIT FOR ITS INTENDED PURPOSE
AND NOT USED FOR
PUBLIC PURPOSE OF THE STATE.

* PUBLIC DOMINION
 OUTSIDE COMMERCE OF MAN
 CANNOT BE ACQ. BY PRESCRIPTION
 CANNOT BE REGISTERED
 CANNOT BE BURDENED BY EASEMENT

* LANDS OF PUBLIC DOMINION


 A T M NP
 ALIENABLE: AGRI
 PRIVATE CORP. CAN LEASE AGRI 1000 HA. OF LANDS, 25 YRS
RENEWABLE 25 YRS. 50 YRS MAX
 FILIPINO CAN LEASE/PURCHASE UP TO 12HA AS HOMESTEAD

* 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

* BP 185: RIGHTS OF BALIKBAYANS


 OWN RESI. LAND (1000 SQM URBAN) (10000 SQM RURAL)
 CAN OWN NUMEROUS LAND PROVIDED WITHIN THE LIMIT
 TOTAL OWNERSHIP OF A COUPLE SUBJECT TO LIMITATION

* URBAN LAND – 1000 PERSONS PER 1KMSQ

* BASES OF CITIZENSHIP
 JUS SANGUINIS – NATIONALITY OF PARENTS
 JUS SOLI – PLACE OF BIRTH

*RA 9646– RESA (6-29-09)


* RA 8179 – FOREIGN INVESTMENT ACT OF 1991
 FORMER NATURAL-BORN FILIPINO
 CAN OWN: 5000 SQM URBAN/ 3 HA RURAL
 UP TO 2 LOTS WITHIN LIMITS
 CAN OWN ONLY 1 TYPE

* RA 7652 – FOREIGN INVESTORS’ LEASE ACT


 50 YRS RENEWABLE 25 YRS
 CAN ONLY BE USED FOR ITS INTENDED PURPOSE

* FEE SIMPLE DETERMINABLE – HAPPENING OF EVENT REVERTS BACK THE


ESTATE TO THE GRANTOR
* FEE SIMPLE SUBJECT TO A SUSEQUENT CONDITION – HAPPENING OF AN
EVENT TERMINATES THE
RIGHT OVER THE ESTATE
* FEE SIMPLE SUBJECT TO AN EXECUTORY INTEREST – HAPPENING OF AN
EVENT PASSES TITLE TO A
THIRD PERSON
* LIFE ESTATE – ESTATE’S DURATION BASED ON LIFE OF THE RECEIVER

* TENANCY AT SUFFERANCE – TENANCY STARTED BY LEGAL MEANS BUT


ENDED W/O JUSTIFICATION

* 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.)

* RULES ON HIDDEN TREASURE


 FINDER IS ENTITLED TO ½ IF
 NOT AN AGENT OR CO-OWNER
 DID NOT USE EQUIPMENTS (BY CHANCE)
 NOT HIRED TO LOOK FOR IT (ENTITLED TO WAGES ONLY)

* KINDS OF ACCESSION
 ACCESSION DISCRETA – FRUITS
 ACCESSION CONTINUA
 REAL PROPERTY: INDUSTRIAL (BLDG) AND NATURAL (ALLUVIUM)
 PERSONAL PROPERTY: ATTACHMENT AND MIXTURE

* LITORAL – LAND FORMED IN SEA WATER


* ALLUVIUM – LAND FORMED IN FRESH WATER DUE TO ACCRETION
(CAN BE OWNED BY ANOTHER THRU 30 YRS PRES.)
* AVULSION – SUDDEN TRANSFER OF LAND DUE TO WATER CURRENT

* LAND SURFACED DUE TO NATURAL DECREASE OF WATER IS NOT TO BE


PRIVATELY OWNED

* LAND FORMED DUE TO ACCRETION – RIPARIAN OWNER AUTOMATICALLY


OWNS IT BUT HAS TO APPLY
FOR ITS REGISTRATION

* LAND FORMED DUE TO AVULSION – THE ORIG. OWNER CAN REACQUIRE HIS
LAND WITHIN 2YRS.
ON HIS EXPENSE OR LABOR

* UPROOTED TREES – MUST RECOVER W/IN 6MOS.ON HIS EXPENSE


* RECLAIMED LAND – CAN BE ONLY OWNED BY THE GOVT UNLESS
AUTHORIZED

* CO-OWNERSHIP
 NOT A JURIDICAL PERSON
 CANNOT SUE ON ITS NAME
 CO-OWNERS MUST ACT ON THEIR BEHALF

* VOID MARRIAGE CREATES CO-OWNERSHIP

* ACTS OF PERSERVATION – A CO-OWNER MUST NOTIFY OTHERS TO DO SUCH


ACTS
* ACTS OF ADMINISTRATION – MUST BE WITH CONCURRENCE WITH CO-
OWNERS
* ACTS OF ALTERATION – NEEDS CONCURRENCE

* ABNORMAL USUFRUCT – NO OBLIGATION TO PRESERVE FORM AND


SUBSTANCE
* BAD USE OF PROPERTY IN AN USUFRUCT IS NOT A MODE OF EXTINGUISHING
IT

* CODICIL – ADDITION TO THE WILL MADE AFTER THE EXECUTION

* COLLATION – ADDITION OF VALUE OF ALL DONATIONS MADE INTER VIVOS BY


THE DECEDENT

* RECONCILIATION – RESUMPTION OF RELATIONSHIP BETWEEN TESTATOR


AND DISINHERITED HEIR

* PRETERITION OR PRETERMISSION – OMISSION IN THE TESTATOR’S WILL OF


ONE OR ALL OF THE
COMPULSORY HEIRS

* PROBATE – PROCEEDING TO ESTABLISH VALIDITY OF WILL

* PARTITION OF ESTATE IS PROHIBITED


 BY TESTATOR, NOT TO EXCEED 20 YRS
 BY CO-HEIRS, NOT TO EXCEED 10 YRS
 BY LAW
 RENDER IT UNSERVICEABLE

* ANIMUS DOMANDI – DONATIVE INTENT


* DONATION IS PERFECTED AT THE MOMENT THE DONOR KNOWS ABOUT THE
ACCEPTANCE OF DONEE
* CLASSES OF EASEMENT
 CONTINUOUS – NON-STOP W/O INTERVENTION
 DISCONTINUOUS – USED IN INTERVALS/DEPENDS ON ACTS OF MAN
 APPARENT – MADE KNOWN
 NON-APPARENT – NO EXTERNAL INDICATION OF ITS EXISTENCE
 POSITIVE – SHOULD ALLOW SOMETHING TO BE DONE
 NEGATIVE – SERVIENT SHOULD REFRAIN FROM DOING SOMETHING

* MODES OF ACQUIRING EASEMENTS


 10 YRS PRESCRIPTION, CONTINUOUS AND APPARENT
 DEED OF RECOGNITION
 TITLE

* DETERMINATION OF INDEMNITY
 PERMANENT – VALUE OF LAND OCCUPIED AS EASEMENT OR DAMAGE
CAUSED
 TEMPORARY – BASED ON DAMAGE CAUSED

* EASEMENT OF LIGHT AND VIEW


 POSITIVE – MADE IN THE WALL OF ADJOINING TENEMENT
 NEGATIVE – MADE IN THE WALL OF DOMINANT ESTATE

* EASEMENT OF ROW AND AQUEDUCT CANNOT BE ACQ. THRU PRESCRIPTION


(DISCONTINUOUS)

* EASEMENT OF LIGHT – 30 SQ CM WITH GRATING

* 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

* PROPERTY OF THE STATE ACCDG. TO UNCLOS – 200 NAUTICAL MILES


* BOTH HUSBAND AND WIFE CAN ENGAGE IN ANY LAWFUL ENTERPRISE OR
PROFESSION WITHOUT THE CONSENT OF THE OTHER, EXCEPT ON CASES
WITH VALID SERIOUS AND MORAL GROUNDS.

* SIGNATURE OF PARENTS ARE NEEDED FOR 18-21 Y.O. TO BE MARRIED

* SEPARATION IN FACT OR SEPARATION-DE-FACTO – CESSATION OF


COHABITION

* SALE OR DISPO OF CONJUGAL PROP. – WIFE’S CONSENT MUST BE


SECURED. IF NOT, THE WIFE MAY
QUESTION IT WITHIN 5 YRS.THEREFORE,
CONSENT OF BOTH IS NEEDED

* ADMINISTRATION OF CONJUGAL PROP


 HUSBAND’S DECISION SHALL PREVAIL (QUESTIONING BY WIFE WITHIN 5
YRS.)
 IF THE OTHER IS INCAPACITATED, THE ABLE PARTNER SHALL PERFORM
ACTS OF ADMIN.
BUT NOT AOSD.

* 1987 CONSTITUTION – MAIN LAW GOVERNING THE RIGHT TO OWN REAL


ESTATE.

* 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

* RES ALICUJUS – OWNED BY PERSON


* RES ALIENAE – BELONGS TO ANOTHER
* RES COMMUNES – OWNED BY NOBODY, CAN BE USED BY EVERYBODY

* RESCISSION – IF THE TOTAL AREA IN THE CONTRACT IS SMALLER THAN THE


ACTUAL PROVIDED THE
DIFFERENCE IS NOT LESS THAN 10%.

* ABANDONMENT – VOLUNTARY RENUNCIATION OF ALL RIGHTS THERBY


ALLOWING THIRD PERSON TO ACQUIRE SUCH PROPERTY
* ASSIGNMENT – TRANSMISSION OF RIGHTS THRU LEGAL MEANS

* LACHES – FAILURE OR NEGLECT TO EXERCISE DUE DILIGENCE IN AN


UNEXPLAINED LENGTH OF TIME
* ACTS IN STATE OF NECESSITY – THE OWNER OF A PROPERTY CANNOT
PROHIBIT THE INTERFERENCE OF OTHERS TO AVOID GRAVE DANGER. THE
OWNER CAN INDEMNIFY HIMSELF.

* DOCTRINE OF SELF-HELP –THE RIGHT OF THE OWNER TO EXCLUDE OTHERS


FROM THE ENJOYMENT AND DISPOSAPLE OF HIS PROPERTY. HE MAY USE
REASONABLE FORCE TO PREVENT INVASION OR USURPATION OF HIS
PROPERTY.

* PATRIMONIAL PROPERTY – STATE OWNED IN A PRIVATE OR PROPRIETARY


CAPACITY

* PERSONAL RIGHT – RIGHT TO DEMAND OTHER TO DO OR NOT TO DO

*IN CASE OF SEVERAL CLAIMANTS OF A PROPERTY WE MUST FIRST


DETERMINE THE ACTUAL AND PRESENT POSSESOR TO KNOW WHO THE
RIGHTFUL OWNER

CODE OF ETHICS AND RESPONSIBILITIES

*DUTIES AND RESPONSIBILITIES OF RE PRACTITIONERS TO THE:


 CLIENTS
 GOVERNMENT
 PUBLIC
 COLLEAGUES
 AIPO: PHILRES

*SEC. 34 OF RA 9646 – THE ACCREDITED AND INTEGRATED ASSOCIATION OF


RESPs ARE ASSOCIATION OF NATURAL PERSONS

* PROFESSIONAL FEES MUST NOT BE LOWER THAN THE TARIFF OF PROF.


FEES APPROVED BY PHILRES

* NOT TO USE SERVICES OF ANOTHER PRACTITIONER’S SALESPERSON OR


EMPLOYEES WITHOUT ITS CONSENT

* EXHAUST FIRST ALL POSSIBLE REMEDIES AVAILABLE AT PHILRES BEFORE


TAKING JUDICIAL OR QUASI-JUDICIAL ACTIONS

* ANY FORM OF ELECTIONEERING SHALL DISQUALIFY THE CANDIDATE FOR


ANY POSITION

* REAL ESTATE BROKERS MUST:


 AGREEMENTS, STIPULATIONS, CONDITIONS IN WRITING
 NOT ADVERTISE ANY LISTING WITHOUT WRITTEN AUTHORITY FROM
CLIENT
 NOT PUT SIGNAGE ON A PROPERTY IF NOT AUTHORIZED IN WRITING

* REAL ESTATE PROF. SHOULD INDICATE IN SIGNED DOCS. LETTERHEAD,


ADS.
 LICENSE NO.
 PROF. ID NO.
 PTR NO.
 AIPO NO.
 ISSUANCE AND VALIDITY DATES
* SIGN/BILLBOARDS, DRY SEAL: ONLY LICENSE NO.

* NOT TO ADVERTISE ACHIEVEMENTS EXCEPT ON:


 EMPLOYMENT
 AUTHORSHIP
 REPORTS AND STUDIES
 LECTURE PAPERS

* MAINTENANCE OF WEBSITE IS NOT ADVERTISING

* PRBRES – HAS THE POWER TO ADOPT COE PREPARED BY PHILRES

* CODE OF ETHICS FOR RESP – FROM REAL ESTATE BROKERAGE LAW (CA
2728)

* REAL ESTATE SERVICE PRACTICE IS NOT A BUSINESS UNDERTAKING WITH


AN EXPECTATION OF PROFIT

* 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

B. VIOLATION OF RESA AND ITS IRR


 1ST OFFENSE – 4 MOS. PHILRES SUSPENSION
 2ND OFFENSE – PRC AND PRBRES SUSPENSION
 3RD OFFENSE/HABITUALITY – PRC AND PRBRES CANCELLATION
REAL ESTATE TAXATION

* APPRAISAL – DETERMINATION OF VALUE OF LAND OF SPECIFIC USE AND


SPECIFIC TIME
* ASSESSMENT – DETERMINATION OF VALUE OF LAND FOR TAXATION
PURPOSES

* SPECIAL LEVY ON LANDS – THE SANGGUNIAN MUST CONDUCT PUBLIC


HEARING AND NOTIFY AFFECTED LANDOWNERS

* PAYMENT OF SPECIAL ASSESMENT:


 NOT TO EXCEED 60% OF COST OF ACQ OF LAND AND IMPROVEMENT
 MAY BE PAID IN INSTALLMENT, 5 – 10 YRS.

* DECLARATION OF VALUE OF REAL PROPERTY – WITHIN 60 DAYS FROM


ACQUISITION
* FAILURE TO DECLARE WITHIN 60 DAYS – THE PROVINCE/CITY/MUNICIPALITY
SHALL ASSESS
* PROTEST OF ASSESSMENT – 60 DAYS FROM RECEIPT OF ASSESSMENT

* LBAA
 CHAIR: ROD
 MEMBERS: ENGR. OR AUDITOR

* FAILURE TO PAY RPT


 2% INT. FOR EVERY MONTH, BASED ON DELINQUENT TAXES
 NOT TO EXCEED 36 MOS OR 72%

* 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

* DELINQUENT REAL PROPERTIES


 AFTER SALE BUT BEFORE REDEMPTION (1YR) – THE DELINQUENT
OWNER SHALL ONLY HAVE USUFRUCTUARY RIGHTS OF THE PROPERTY

* ASSESSORS: REVISION OF RP ASSESSMENT EVERY 3 YRS


* PAYMENT OF TRANSFER TAX IS REQ. BY:
 ROD – BEFORE REGISTERING TRANSFER
 ASSESSORS OFFICE – BEFORE CANCELLATION OF OLD TD AND
ISSUANCE OF NEW TD

* EDUCATIONAL INSTITUTIONS ARE EXEMPT FROM RPT BUT NOT FROM RET
(CGT,ET,DT,DST,VAT)

* CGT – TAX ON PRESUMED PROFIT REALIZED IN S,E,D OF CAPITAL ASSETS

* STOCKS SOLD AT LIQUIDATION UPON DEATH OF HOLDER SHALL BE


CONSIDERED CAPITAL ASSET

* TRANSACTIONS NOT SUBJECT TO CGT:


 SALE TO GOVT ( IF INCOME TAX OPTION WAS CHOSEN)
 SALE OF FAMILY HOME
 SALE UNDER SOCIALIZED HOUSING
 EXEMPT UNDER SPECIAL LAWS
 DONATIONS
 UNDER CARP
 PARTITION AMONG HEIRS

* SALE OR DISPOSITION TO GOVT OF REAL PROPERTY – UNDER CGT OR


INCOME TAX AT SELLER’S OPTION

* CONDITIONS TO EXEMPT FROM CGT IN THE SALE OF FAMILY HOME


1. SWORN STATEMENT (W/IN 30 DAYS) THAT FULL PROCEEDS SHALL BE
USED TO ACQUIRE NEW FAMILY HOME WITHIN 18 MOS.
2. BRGY CERTIFICATION THAT PROPERTY SOLD IS THE FAMILY HOME
3. CAN BE AVAILED ONCE IN 10 YRS
4. UNUTILIZED PROCEEDS:
 SUBJECT TO CGT +
 20% INTEREST +
 25% SURCHARGE +
 COMPROMISE TAX

* 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

* SALE WITH 25% OR MORE DOWNPAYMENT IS CONSIDERED CASH SALE


THEREFORE FULL CGT IS DUE
* DST IS AM EXCISE TAX

* IF A PARTY TO A TAXABLE DOCUMENT IS EXEMPT, THE OTHER SHALL


SHOULDER THE PAYMENT OF DST

* SALE UNDER DEFERRED PAYMENT – DST SHALL ACCRUE AT EXECUTION OF


DEED OF ABSOLUTE SALE

* DST ON SALE OF RP IS DUE AFTER WITHIN 5 DAYS AFTER END OF MONTH OF


FILING SUCH DOCUMENT

* DST ON TRANS OTHER THAN SALE OF RP IS DUE AFTER 10 DAYS AFTER END
OF MONTH OF FILING SUCH DOCUMENT

* LIABLE OF DST – ISSUER AND TO WHOM THE DOC IS ISSUED

* DOCUMENTS NOT SUBJECT TO DST:


 DEED OF DONATION (NOTARY IS SUBJ TO DST)
 LOAN AGREEMENTS BELOW P250 000
 DOCUMENTS WITH TRANS WITH BSP

* EFFECTIVITY OF 12% VAT – FEB. 1, 2006

* 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

* IF GSP IS BASED ON ZV OR FMV, IT IS VAT INCLUSIVE


* IF VAT IS NOT SEPARATELY STATED, GSP IN SALES DOC IS VAT INCLUSIVE

* LOW-COST HOUSING – FOR HOMELESS, LOW INCOME FAMILIES


 BY DEVELOPERS REG UNDER PD 957 AND BP 220
 SELLING PRICE CEILING OF P750 000

* SOCIALIZED HOUSING - FOR UNDERPRIVILEGED AND HOMELESS CITIZENS


 BY DEVELOPERS UNDER UDHA OF 1992
 SELLING PRICE CEILING OF P400 000

* WITHHOLDING TAX – TAX DUE ON SALE OF ORDINARY ASSETS


* FILING IS ON THE 10TH DAY FF THE MONTH OF TRANSACTION

* HLURB REGISTRATION SHALL RENDER THE SELLER AS HABITUALLY


ENGAGED IN REAL ESTATE BUSINESS

* WITHHOLDING TAX RATES


 HABITUALLY ENGAGED – ENGAGED IN SOCIALIZED HOUSING H&L NMT
P450K (0%)
 HABITUALLY ENGAGED - SALE OF H&L
I. NMT P750K (1.5%)
II. P750K – P2M (3%)
III. MT P2M (5%)
 NOT HABITUALLY ENGAGED (6%)

* EXPANDED WITHHOLDING TAX RATES (PROFESSIONALS AND RENTALS)


 REAL ESTATE PROF (10%)
 CONSULTANTS,CPA,LAWYERS,PRC PROF
I. GI NMT P720K (10%)
II. GI MT 0720K (15%)
 RENTALS (PERSONAL OR REAL) (5%)

* TAX EXEMPTIONS OR INCENTIVES OF DEVELOPERS IN SOCIALIZED HOUSING


 CGT ON SALE OF LAND
 TRANSFER TAX ON SALE OF LAND AND INVTY
 PROJECTED INCOME TAX
 TAX ON DONATED LAND

* DOWRIES TO BE AN ALLOWABLE DEDUCTION


 GIVEN 1 YR BEFORE OR AFTER CELEBRATION
 DONATED BY PARENTS
 DONEE IS CHILD (LEGI,ILLEGI)
 P10 000

* FILING OF DT RETURN – SEPARATELY BY H&W WITHIN 30 DAYS FROM


DONATION

* ESTATE TAX RULE


 TAX BASE/PROPERTY VALUE IS WHICHEVER IS HIGHER
 ALLOWABLE DEDUCTION IS WHICHEVER IS LOWER

* FAMILY HOME VALUE (WHICHEVER IS HIGHER) INCLUDED IN GROSS ESTATE


WHILE FAMILY HOME VALUE (WHICHEVER IS LOWER, MAX OF P1M) INCLUDED
AS ALLOWABLE DEDUCTION
* NOTICE OF DEATH TO THE BIR – WITHIN 2 MOS
* ESTATE TAX RETURN – FILING WITHIN 6 MOS, EXT NOT TO EXCEED 30 DAYS
MAYBE GRANTED BY BIR

CONTRACTS,SALES,MORTGAGE AND LEASE

* RIGHT TO REPURCHASE MUST BE IN THE SAME DEED OF SALE. IF IN A


SEPARATE INSTRUMENT, IT IS A MERE PROMISE TO SELL

* ACCION QUANTI MINORIS – AN ACTION TO RETURN PART OF THE PRICE TO


THE VENDEE DUE TO DEFECT OF THE PROPERTY SOLD

* EXCLUSIVE PROPERTIES IS NOT REQUIRED TO HAVE “WIFE MARRIED TO


HUSBAND” IN A DEED OF SALE TITLE

* MORT(DEAD), GAGE(PLEDGE) – DEAD OR UNPRODUCTIVE PLEDGE

* REGISTRATION IN THE REGISTRY OF PROPERTY IS NOT NECESSARY IN A


REAL ESTATE MORTGAGE.

* PACTA NON ALIENADO – STIPULATION IN REM PROHIBITIONG THE


MORTGAGOR FROM ALIENATING THE MORT PROPERTY
* ANTICHRESIS – A CONTRACT WHERE A PROPERTY IS HYPHOTECATED TO
BORROW MONEY AND TO RECEIVE FRUITS AND RIGHT TO USUFRUCT

* AUTOMATIC REDEMPTION CLAUSE


 IN A BLANKET MORTGAGE – THE PROPERTY IS RELEASED EQUAL TO
THE TOTAL PAYMENTS MADE
 NORMAL MORTGAGE – PROPERTY IS RELEASED UPON FULL PAYMENT

* DEFEASANCE CLAUSE – PROVISION WHERE THE PROPERTY REVERTS BACK


TO MORTGAGOR UPON COMPLETION OF PAYMENTS

* UP SET PRICE OR TIPO – STIPULATION SETTING THE LOWEST PRICE IN CASE


OF FORECLOSURE OF PROPERTY MORTGAGED, IT IS A VOID STIPULATION

* UNREGISTERED MORTGAGE – BINDING ONLY TO MORTGAGOR AND


MORTGAGEE

* DEFICIENCY JUDGMENT – JUDGMENT FOR THE MORTGAGOR TO PAY THE


DEFICIENCY OF PROCEEDS FROM FORECLOSURE TO COVER THE OBLIGATION

* EXTRAJUDICIAL FORECLOSURE – APPLIED BY THE MORTGAGEE AND


PERFORMED BY THE SHERIFF
* JUDICIAL FORECLOSURE – A COMPLAINT IS FILED BY MORTGAGEE IN THE
COURT WHEREBY OBLIGATING THE MORTGAGOR TO PAY DEBT WITHIN 90
DAYS AND IN THE FAILURE, THE PROPERTY IS AUCTIONED

* 10 YRS – PRESCRIPTION OF RIGHT TO FORECLOSE

* RIGHT OF REDEMPTION – 1 YR FROM REGISTRATION OF AUCTION SALE

* EQUITY OF REDEMPTION – RIGHT TO REDEEM AFTER DEFAULT BUT BEFORE


FORECLOSURE SALE

* MORTGAGED PROPERTY AUCTIONED THROUGH JUDICIAL FORECLOSURE


CANNOT BE REDEEMED EXCEPT IF THE MORTGAGOR IS A BANK

* RA 9653 – THE RENT CONTROL ACT OF 2009


 APPROVED: JULY 14, 2009
 EFFECTIVE: SEPT. 30, 2009

* THE LESSEE CANNOT ASSIGN HIS RIGHT TO LEASE TO A THIRD PERSON


WITHOUT THE WRITTEN CONSENT OF THE LESSOR UNLESS IT IS STATED IN
THE CONTRACT OF LEASE

* LIMITATIONS UNDER RA 9653


 NO RENTAL INCREASE WITHIN 1 YR FROM THE EFFECTIVITY
 AFTER 1 YR FROM EFFECTIVITY TO DEC 31, 2013 – RATE CANNOT
INCREASE MORE THAN 7%
 RENTAL INCREASE SHALL NOT BE MORE THAN ONCE A YR FOR
STUDENTS

* HUDCC – HOUSING AND URBAN DEVT COORDINATING COUNCIL

* 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

* LESSOR CANNOT DEMAND MORE THAN 1 MONTH ADVANCE AND 2 MONTHS


DEPOSIT WHICH SHALL BE KEPT IN A DEPOSIT, THE INTEREST SHALL BE
RETURNED TO THE LESSEE UPON EXPIRATION OF LEASE TERM OR WILL BE
FORFEITED (DEPOSIT + INTEREST) IN FAVOR OF THE LESSOR IF THERE’S
FAILURE TO PAY RENT AND OTHER BILLS

* NO LESSOR CAN EJECT THE LESSEE IF HE SOLD THE LEASED PROPERTY TO


A THIRD PERSON MAY IT BE A REGISTERED OR NOT.

* FIRST PREFERENCE RULE – ONLY APPLIES TO EJECTION BECAUSE OF


REPAIRS MADE TO THE LEASED PROPERTY, IF THE PROPERTY WAS TOTALLY
DEMOLISHED THE EJECTED LESSEE HAS NO FIRST PREFERENCE

* PENALTIES IN VIOLATING RA 9653


 P25000 – P50000
 IMPRISONMENT: 1MO. AND 1 DAY – 6 MOS
 OR BOTH

* RENT TO OWN SCHEME – NO LIMIT AS TO INCREASE IN MONTHLY DUES

* VALID CONTRACT OF LEASE – HAS MEETING OF MINDS, WRITTEN OR NOT

* ECONOMIC RENT – REVENUE GENERATED FROM USE OF LAND

* TACITA RECONDUCCION – IMPLIED RENEWAL OF LEASE AFTER EXPIRATION,


IF THE LESSEE CONTINUES TO OCCUPY THE PROPERTY FOR ATLEAST 15
DAYS

* VALUE IN EXCHANGE – VALUE OF AN OBJECT RELATIVE TO OTHER OBJECTS


WHICH IT COULD BE EXCHANGED

* THE LESSEE MAY SUBLEASE TO THIRD PERSONS WITHOUT WRITTEN


CONSENT FROM THE LESSOR PROVIDED IT IS NOT EXPRESSLY PROHIBITED IN
THE CONTRACT
* IN SALE A RETRO WHERE THE REPURCHASE DEPENDS ON “THE MEANS” OF
THE SELLER, HE CAN RECOVER IT WITHIN 10 YRS

* LEASE FEE ESTATE – PROPERTY LEASED SHALL REVERT BACK TO THE


LESSOR AT END OF TERM

* OPEN MORTGAGE – CAN BE PAID OFF ANYTIME BEFORE MATURITY

* LEGAL REDEMPTION – THE RIGHT TO BE SUBROGATED UNDER SAME RIGHTS


AND TERMS BY THE ONE WHO ACQUIRES UNDER ONEROUS TITLE

SUBDIVISION DEVELOPMENT AND MACEDA LAW

*PD 957 OF 1976 – SUBD AND CONDO BUYER’S PROTECTIVE DECREE


*BP 220 – ECONOMIC AND SOCIALIZED HOUSING
*RA 7279 – URBAN DEVT AND HOUSING ACT
*PD 1216 – OPEN SPACES FOR RESI SUBD
*RA 6552 – MACEDA LAW/REALTY INSTALLMENT BUYER PROTECTION ACT
- AUG. 26, 1972

*THE BUYER CAN REFUSE TO PAY FURTHER INSTALLMENTS IF THE


DEVELOPER FAILED TO DEVELOP THE SUBDIVISION AND IT CANNOT FORFEIT
THE PAID INSTALLMENTS

*TOTAL PAYMENTS MADE 500000


ADD: INT PAID 20000
LEGAL INT 10000
LESS: PENALTY (10000)
TOTAL AMT TO BE REFUNDED 70000

*POWERS OF HUDCC ARE PARTIALLY DEVOLVED TO THE LGUs

*AMENITIES – TANGIBLE AND INTANGIBLE FEATURES THAT ADD VALUE TO THE


SUBD

*MASTER PLAN – LONG TERM PHYSICAL DEVELOPMENT PLAN FOR SUBD

*UTILITIES – BASIC SERVICE SYSTEM (TELEPHONE, ELEC, WATER, GAS)


*UTILITY EASEMENT – GROSS EASEMENTS RUNNING ABOVE OR UNDER THE
PROPERTY

*PLANS – DRAWINGS REGARDING THE DEVELOPMENT

*SIMPLE SUBD – DOESN’T NEED A ROAD OR AN OPEN SPACE ALLOCATION

*CLASSES OF SUBD (CARIRI):


 RESIDENTIAL
 INDUSTRIAL
 COMMERCIAL
 AGRICULTURAL OR FARM
 INSTITUTIONAL
 RESORT OR RECREATIONAL

*LAND ALLOC. OF SUBD – 70% SALEABLE, 30% FOR P&P,COMMUNITY


FACILITIES,CIRCULATION SYSTEM

*SUBDIVISION – APPROVAL BY LGU, LICENSE TO SELL ISSUED BY HLURB


*CONDOMINIUM – APPROVAL AND LICENSE TO SELL ISSUED BY HLURB

*A DEVELOPER THAT WILL SELL LOTS FROM HIS PROJECT MUST REGISTER AS
REAL ESTATE DEALER FROM HLURB

*APPROVED DEVELOPMENT PERMIT IS VALID FOR 3 YEARS

*LOW DENSITY SUBD – LARGE PARCELS WITH FEWER LOTS

*EO 90 – CREATED HUDCC


*EO 71 – DEVOLUTION TO LGU
*EO 72 – HLURB AS SOLE REGULATORY BODY FOR LAND USE AND HOUSING
DEVT

*THE BUYER WILL BE LIABLE TO REALTY TAX ON THE YEAR FF THE YEAR OF
PURCHASE

*HLURB REGISTRATION – EXPIRES EVERY END OF YEAR, RENEWAL IN THE


SECOND MONTH OF THE FF YR

*ACCEPTANCE OF RESERVATION DEPOSITS – LICENSE TO SELL MUST FIRST


BE SECURED

*ROADS, ALLEYS, SIDEWALKS AND PLAYGROUNDS – SHALL BE DONATED TO


THE LGU OR TO THE HOMEOWNERS’ ASSOC. WITH LGU CONSENT
*OWNER OR DEVELOPER IS REQ TO SECURE A PERFORMANCE BOND
APPROVED BY HLURB TO GUARANTEE THE DEVELOPMENT

*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

*RESELLING OF SUBD FROM A FORMER LICENSED HLURB SELLER DOES NOT


NEED NEW LICENSE TO SELL IF THERES NO ALTERATION TO BE DONE

*PD 957 – OPEN AND MEDIUM COST


*BP 220 – SOCIALIZED AND ECONOMIC

*MAJOR ROAD – MAIN TRAFFIC ARTERY


*MINOR ROAD – DIRECT ACCESS TO THE LOTS AND ACTIVITY CENTERS
*COLLECTOR ROAD – CONNECTS MINOR TO MAJOR ROADS
*SERVICE ROAD – CONNECTS LOTS TO ACTIVITY CENTERS
*ALLEY –3 METER WALKWAY BETWEEN BLOCKS FOR EMERGENCY AND
PEDESTRIAN

MINIMUM RIGHT OF WAY


PD 957 BP 220
TYPE OF ROAD OPEN AND ECONOMIC SOCIALIZED
MEDIUM
MAJOR 10 m 15 m 12 m
MINOR 8m 8m 6.5 m
MOTOR 6m - -

MINIMUM LOT AREA


TYPE OF HOUSING OPEN MEDIUM
MARKET COST
SINGLE DETACHED 120 sqm 100 sqm
DUPLEX/SINGLE 96 sqm 80 sqm
ATTACHED
ROWHOUSE 60 sqm -

TYPES OF HOUSING ECONOMI SOCIALIZED


C
SINGLE DETACHED 72 sqm 64 sqm
DUPLEX/SINGLE 54 sqm 48 sqm
ATTACHED
ROWHOUSES 36 sqm 32 sqm
MINIMUM FLOOR AREA
OPEN MARKET 42 sqm
MEDIUM COST 30 sqm
ECONOMIC HOUSING 22 sqm
SOCIALIZED HOUSING 18 sqm

MAXIMUM SELLING PRICES


 SOCIALIZED HOUSING (PD 7279)
 LOW COST LVL 1A – 450K AND BELOW

 ECONOMIC HOUSING (BP 220)


 LOW COST LVL 1B – 450K TO 750K
 LOW COST LVL 2 – 751K TO 1.250M
 LOW COST LVL 3 – 1.251M TO 3M

 MEDIUM COST (PD 957) - OVER 3M TO 4M

 OPEN MARKET - OVER 4M

*THE PRICE OF SALEABLE LOTS SHALL NOT EXCEED 40% OF THE TOTAL PRICE
OF H&L

*DUPLEX/SINGLE ATTACHED – 2 OR MORE UNITS SEPARATED BY PARTY WALL


*ROW HOUSE – 3 OR MORE WITH COMMON WALLS
MAX NO. OF RH IS 20 UNITS NOT TO EXCEED 100m
*MAX LENGTH OF SUBD BLOCKS SHALL NOT EXCEED 400m WITH ALLEY FOR
EVERY 250m

*TRAFFIC IMPACT ASSESSMENT – FOR SUBD WITH 30 HAS AND ABOVE

*NHA – FOR HOMELESS LOW INCOME FAMILIES

*PROCESSING AND APPROVAL OF SUBD PLAN – 30 DAYS

*SUB-BASE – THE LOWEST PART OF A STRUCTURE

*CERT OF REGISTRATION BY HLURB – TO BE SECURED BY DEVELOPERS OF


SUBD (IF VIOLATED,10K FINE)

*SUBD PHASES – NOT TO BE LESS THAN 10HAS EACH

*SQUARE PLANNING – PLAN FOR A FLAT TERRAIN

*LUP – A NATIONAL APPROACH OF ALLOC OF LAND TO DIFF USER GROUPS

*VIOLATION OF PD 957 – FINE NMT 20K AND IMPRISONMENT OF NMT 10YRS


*VIOLATION OF MAGNA CARTA FOR HOMEOWNERS AND HO ASSOC – FINE OF
5-50K

*150 L PER CAPITA – DEEP WELL RESERVE PER DAY

*DISSOLUTION OF HOMEOWNERS ASSOC – 2/3 VOTES


*REMOVAL OF DIRECTOR – SIMPLE MAJORITY

*ECONOMIC HOUSING – FOR AVERAGE NCOME FAMILIES


*SOCIALIZED – FOR UNDERPRIVILEGED AND HOMELESS

*SHELL HOUSES – MINIMUM HABITABLE DWELLING


*MULTI-FAMILY DWELLING – DWELLING IN 1 LOT WITH 3 OR MORE FAMILIES

*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

*URBANIZED LANDS – WITH PROVINCIAL CHARACTERISTICS BUT WITH


METROPOLS UTILITIES AND WITH HIGH PROBABILITY OF BECOMING AN URBAN
LAND IN 5-10 YRS

*RIGHT OF FIRST REFUSAL – TENANTS OF LAND HAS THE PREFERENCE IF THE


LEASED LAND IS BEING SOLD AND LOCATED IN AN URBAN LAND REFORM
AREA, LESSEE FOR ATLEAST 10 YRS AND CONSTRUCTED HIS OWN HOUSE

*DEVELOPMENT RIGHTS OR NEW USE RIGHTS – RIGHT TO USE AND DEVELOP


LAND

*APPROVED PRELIMINARY MEMORIAL PARK PLAN – VALID FOR 180 DAYS


*FINAL MEMORIAL PARK PLAN –VALID FOR 3 YRS

*REFUND OF CSV IN MACEDA LAW – 50% OF THE FIRST 5 YRS OF PAYMENT


PLUS 5% FOR EVERY YEAR PAID UPTO 90% OF TOTAL PAYMENTS MADE

*NHA – AGENCY RESPONSIBLE FOR HOUSING PROGRAM

*HUDCC – RESPONSIBLE FOR NATIONAL SHELTER PROGRAM

*A REAL ESTATE DEVELOPER WHO WILL SELL HIS OWN PROPERTY SHALL
REGISTER AS R.E. DEALER

*ECONOMIC HOUSING – FOR AVERAGE INCOME EARNERS


*RA 7279 (UDHA) – COVERS LAND FOR PRIORITY DEVELOPMENT SITE

*RA 4726 – CONDOMINIUM LAW

CONDOMINIUM CONCEPTS

*RA 4726 – CONDO ACT

*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

MINIMUM FLOOR AREAS


 SINGLE OCCUPANCY
 18 SQM
 12 SQM – STUDENTS/EMPLOYEES/WORKERS IN HIGHLY
URBANIZED AREAS
 FAMILY DWELLING
 36 SQM – FAMILY
 22 SQM – OPEN AND MED COST CONDO

*PRELIMINARY CONDO DEVT PLAN – 180 DAYS

*APPROVED CONDO PERMIT – 3 YRS

*CONDO PROJECT MUST BE COMPLETED WITHIN 1 YR FROM ISSUANCE OF


LICENSE TO SELL EXCEPT ON REASONS: FORTITOUS EVENT, LEGAL ORDER,
OTHERS

*SELLER OF SUBD AND CONDO PACKAGES MUST REGISTER IN ROD OF CITY


OR MUNICIPALITY WITHIN 180 DAYS FROM EXECUTION OF SALE OR
CONVEYANCE

*RIGHTS OF CONDO OWNERS – ABSOLUTE OWNERSHIP ON THE UNIT AND CO-


OWNERSHIP ON LAND AND COMMON AREAS
*DISPOSITION OF COMMON AREAS REQUIRES SIMPLE MAJORITY VOTES OF
ALL UNIT OWNERS

*CONDO CORP – CANNOT DISPOSE COMMON AREAS W/O APPROVAL OF ALL


UNIT OWNERS

*COMMON FACILITIES – FACILITIES AND STRUCTURES INTENDED TO SERVE


COMMON NEEDS (SCHOOLS,CHURCH,HOSPITAL,BRGY CENTER)

*COMMON AREAS SHARING


 EQUALLY
 PROVISION: BASED ON VALUE OR ON AREA

*WALLS BET CONDO UNITS – COMMON ELEMENTS

*CONFLICT BET AOI AND MASTER DEED, THE MD SHALL PREVAIL

*AMENDMENTS AND REVOCATIONS OF MASTER DEED


 INSTRUMENT EXECUTED BY SIMPLE MAJORITY OF UNIT OWNERS
 PURELY RESIDENTIAL CONDO: PER UNIT OF OWNERSHIP BASIS
 MIXED USE CONDO: PER FLOOR AREA OWNERSHIP BASIS
 DECIDED AMENDMENTS AND REVOCATIONS MUST BE SUBMITTED TO
HLURB BEFORE REGISTRATION

*CLAPBOARD – WOOD SIDING IN A CONDO PROJECT OR CONSTRUCTION


PROJECTS

*JOINT VENTURE – LANDOWNER AND DEVELOPER

*NON-LIABILITY CLAUSE – A PROVISION IN THE CONTRACT WITH BUYERS THAT


HOLDS THE LANDOWNER FREE FROM LIABILITY IN FAILURE OF THE
DEVELOPER TO DEVELOP THE LAND

*SHARING BET LO AND DEV – PRO-RATED OF PROCEEDS OF SALES OR ALLOC


OF DEVELOPED LOTS/UNIT

REAL ESTATE INVESTMENT TRUST (REIT)

*RA 9856 – REAL ESTATE INVESTMENT TRUST ACT OF 2009


*REIT – STOCK CORPO FOR OWNING OF INCOME-GENERATING RE ASSETS

*ASSOCIATE – RELATIVE WITHIN 4TH DEGREE OF CONSANGUINITY AND


AFFINITY WITH DIRECT OR INDIRECT INTEREST OF 25% OR MORE

*PRINCIPAL STOCKHOLDER – OWNS MORE THAN 10% OF ANY CLASS OF


SHARE

*PUBLIC SHAREHOLDER – OWNER OF PUBLICLY TRADED REIT SHARES

*DEPOSITED PROPERTY – MARKET VALUE OF ALL PROPERTIES HELD BY THE


REIT

*CONSTITUTIVE DOCS – AOI+BY LAWS

*MANAGED FUNDS – FUNDS SOLICITED FROM INVESTING PUBLIC AND POOLED


FOR INVESTING SECURITIES

*FUND MANAGER – ENGAGED BY REIT TO PERFORM CERTAIN FUNCTIONS

*INDEPENDENT DIRECTOR – ATLEAST 1/3 OF TOTAL NO. OF DIRECTORS OR


TWO (W/C EVER IS HIGHER)

*INVESTMENT FUNDS/INVESTIBLE FUNDS – FUNDS OF REIT THAT CAN BE


PLACED IN AN INVESTMENT VEHICLE

*INVESTOR SECURITIES – STOCKS ISSUED BY THE REIT

*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

*NET ASSETS VALUE (NAV) – FMV OF ASSETS LESS LIAB

*CONTROL – MT 50% (PARENT AND SUBSIDIARIES)

*PROPERTY VALUER – INDEPENDENT ENTITY ENGAGED FOR 3 CONSEC. YRS,


WITH 3 YRS CURING PERIOD
*PROPERTY MANAGER – ADMIN OF RP ENGAGED BY REIT

*SPONSOR/PROMOTER – CONTRIBUTES TO ESTABLISH A REIT

*SYNTHETIC INVESTMENT PRODUCTS – DERIVATIVES AND OTHER SECU


CREATED FROM A FINANCIAL INSTRUMENT TO SIMULATE RETURNS OF AN
ASSET (WARRANTS,OPTIONS,DERIVATIVES)

*TAXABLE NET INCOME = GI-AD-DIV

*DISTRIBUTABLE INCOME – NET INCOME ADJUSTED FOR UNREALIZED GAINS


AND LOSSES

*DIVIDEND DIST OF REIT – ANNUALLY FOR ATLEAST 90% OF DIST.INCOME

*SALARY OF FUND AND PROP MGR – NMT 1% OF NAV UNDER THEIR


RESPECTIVE MANAGEMENT

*REIT SHALL HAVE MIN. PAID UP CAP OF P300M AT INCORPO (CASH AND PROP)

*MIN. PUBLIC OWNERSHIP OF REIT – ATLEAST 1000 PUBLIC SHAREHOLDERS


WITH ATLEAST 50 SHARES OF ANY CLASS OWNED (1/3 OF TOTAL OUTS. CAP
STOCK)

*EXECUTIVE COMPENSATION – COMP OF ALL DIRECTORS AND PRINCIPAL


OFFICERS OF NMT 10% OF NET INCOME BEFORE CORPO TAX

*REIT MAY INVEST IN INCOME GENERATING RE LOCATED OUTSIDE PH


PROVIDED IT WILL NOT EXCEED 40% OF TOTAL DEPOSITED PROPERTY AND
AUTHORIZED BY SEC

*TOTAL BORROWINGS OR DEF PAYMENTS OF REIT SHOULD NOT EXCEED 35%


OF DEPOSITED PROP

*PROPERTY VALUATION – BY PROP VALUER (LICENSED REA) ATLEAST ONCE A


YEAR

*TAXES DUE FROM REIT


 INCOME TAX (NOT UNDER MCIT)
 CREDITABLE WH TAX (1%)
 TRANSFER TAX (50% OF DST)
 DIVIDENDS PAID
 VAT ON GR

*ORGANIZATION OF REIT – MIN AUTHORIZED CAP STOCK IS P4.80B


*MIN AUTH CAP STOCK OF FUND MGR - P1.60B, MIN PAID UP CAP IS P100M
*MIN PAID UP CAP – P300M
*MIN PUBLIC OWNERSHIP – 1000 SHAREHOLDERS WITH 50 OR MORE SHARES
HELD
*MIN OWNED SHARES – 1/3 OF OUTSTANDING CAP STOCK

*EX. AUTH CAP STOCK IS P10B, SUBS CAP STOCK MUST BE P2.5B (25%), PAID
UP P625M (25%).

GEOGRAPHIC INFORMATION SYSTEM

*DIGITATION – A METHOD OF DATA CREATION WHERE A HARD COPY (MAP OR


SURVEY PLAN) IS TRANSFERRED INTO A DIGITAL MEDIUM THRU CAD.

*HEADS UP DIGITATION – TRACING GEO DATA FROM THE TOP THRU AN AERIAL
IMAGERY
*HEADS DOWN DIGI – TRADITIONAL METHOD

*RASTER DATA TYPE – DIGITAL IMAGE THAT IS REDUCIBLE AND ENLARGEABLE

*LINES OR POLYLINES – USED TO REPRESENT RIVERS, ROADS, RAILROADS

*TOPOGRAPHIC SURVEY – DETERMINES ELEVATION AND UNDULATION

*TOPOGRAPHY – DESCRIPTION OF LAND SURFACE


(LEVEL,ROLLING,ELEVATED)

*GEO HAZARD – WIDESPREAD DAMAGE OR RISK

*USERS OF GIS
 GENERAL – PLANNER, SCIENTISTS, ADMINISTRATORS
 SPECIALISTS – PROGRAMMERS, DESIGNERS, DEVELOPERS
 VIEWERS – CLIENTS, RE PRACTITIONERS, PUBLIC

*DIGITAL GEOGRAPHIC DATA – NUMERICAL REPRESENTATIONS OF REAL


WORLD FEATURES
*GEOGRAPHIC MATRIX – GEO DATA DESCRIBED ACCDG TO LOCATION AND
ATTRIBUTES

*EXACT OBJECTS – MAN-MADE


*INEXACT OBJECTS – NATURAL

*TESSELATIONS – GEOMETRIC ARRANGEMENTS THAT COVERS A FLAT


SURFACE
SURVEYING AND MAP READING AND PLOTTING

*SURVEY – INSPECT, REVIEW, STUDY, EXAMINE OR APPRAISING


*CARTOGRAPHY – STUDY AND MAKING OF MAPS
*ATLAS – COLLECTION OF MAPS

*PLANE SURVEYING – PLANE SURFACE


*GEODETIC SURVEY – STUDY OF SHAPE OF THE EARTH FOR COMPUTATION
PURPOSES
*RECTANGULAR SURVEY – SURVEY OF GOVT USING MERIDIANS AND
PARRALELS TO DETERMINE BOUNDARIES

*GEODETIC ENGR OR SURVEYOR – DETERMINES SHAPE, CONTOUR AND MEAS


OF LAND
*RELOCATION SURVEY – IDENTIFICATION OF BOUNDARIES USING STAKES AND
PINS ON GROUND
*VERIFICATION SURVEY – SURVEY OF TITLED LAND WITH OR WITHOUT
TECHNICAL DESCRIPTION

*GRIDIRON – SUBDIVISION SCHEME WITH BLOCKS THAT ARE RECTANGULAR


IN SHAPE

*REFERENCE POINTS USED IN SURVEYS:


 BUREAU OF LANDS LOCATION MONUMENTS
 BUREAU OF LANDS BARRIO MONUMENTS
 CITY/MUNI. BOUNDARY MONUMENTS
 PROVINCIAL BOUNDARY MONUMENTS

*PLOTTAGE VALUE – BONUS OBTAINED FROM CONSOLIDATION OF LOTS

*KINDS OF SURVEY – LAND / TOPOGRAPHIC / HYDROGRAPHIC / ROUTE / MINE /


CITY/ CONST / INDUSTRIAL / PHOTOGRAMMETRIC / CADASTRAL

*ELEMENTS IN SURVEYING – DISTANCE, ELEVATION, DIRECTION (DED)

*UNTITLED:
 CCN – CONSOLIDATION
 CCS – CONSOLIDATION AND SUBDIVISION
 CSD – SUBDIVISION

*VICINITY OR LOCATION MAP – MAP OF THE SEGMENT OF A COMMUNITY TO


IDENTIFY LOCATION OF SITE

*LAND SURVEY MAPS – CADASTRAL, SURVEY, LOCATION MAPS


*PACING – ROUGH DETERMINATION OF DISTANCE USING FOOT STEPS

*PACE FACTOR – AVERAGE MEASUREMENT OF A PACE

*METES AND BOUNDS – METHOD OF DESCRIBING A PROPERTY AND ITS


BOUNDARIES

*MONUMENTS – LANDMARKS OR REFERENCE STRUCTURES


*TIE LINE – IMAGINARY LINES CONNECTING A LANDMARK TO A POINT

*CONTOUR LINES – LINES THAT DETERMINES ELEVATION OF LAND IN A


TOPOGRAPHIC MAP
*MERIDIAN – NORTH TO SOUTH
*DATUM – REFERENCE SURFACE WHICH IS PARALLEL WITH SEA LEVEL
*ELEVATION OF A POINT – VERTICAL DISTANCE FROM THE DATUM
*EROSION – WEARING AWAY OF LAND BY WATER AND WIND

*LATITUDE – DISTANCE ABOVE OR BELOW THE EQUATOR


*LONGITUDE – EAST OR WEST OF GREENWICH MERIDIAN
*SCALE – RATIO OF MEAS FROM ITS ACTUAL MEAS
*LEVEL SURFACE – PARALLEL WITH EARTH’S SPHERICAL SHAPE
*TRUE MERIDIAN – NORTH-SOUTH LINES PASSING THROUGH POLES
*MAGNETIC MERIDIAN – PARALLEL WITH THE DIRECTION OF THE COMPASS
*MAGNETIC DECLINATION – HORIZONTAL ANGLE BET MERIDIAN AND TRUE
MERIDIAN
*AZIMUTH OF A LINE – CLOCKWISE ANGLE OF A LINE
*MEAN SEA LEVEL OR SEA LEVEL DATUM – MIDWAY OF LOW AND HIGH TIDE

*PHOTOGRAPHIC MAP – ASSEMBLING INDIV PHOTOS


*THEMATIC MAP – MAP WITH USES OF LANDS AND WITH LEGENDS AS TO
EFFECTS OF PHENOMS
*PROJECTION MAP – FROM SUBMITTED CONDUCTED SURVEYS
*CADASTRAL MAP – SHOWS ALL LOT DETAILS (NAT’L STD. SPATIAL INDEX MAP)
*TOPOGRAPHIC MAP – SHOWS CONFIGURATION AND RELIEF SURFACE OF
EARTH (MANMADE AND NATURAL)

*BEARING OF A LINE – DIRECTION OF ANY RESPECTIVE MERIDIAN

*PLOTTING A PROPERTY – BEARING (ANGULAR DEGREES) AND DISTANCE ARE


NEEDED

*WAYS OF IDENTIFYING PROPERTY IN A SITE


 TECHNICAL APPROACH – RELOCATION SURVEY
 LAYMAN’S APPROACH – KNOWLEADGABLE PERSON DIRECTION
 SEMI-SKILLED APPROACH – SKETCH AND PLOT USING COMPASS AND
TAPE AND PACING
*SURVEY BY:
 PSU – BY GEODETIC ENGR
 PS – PRIVATE SURVEY
 PSU-G – BY GOVT GEO ENGR

AGRI LAW AND CARPER

*EO 229 – PROVIDES THE MECHANISM FOR THE IMPLEMENTATION OF CARPER

*PERSONS AUTHORIZED TO CLASSIFY OR RECLASSIFY LANDS


 PRESIDENT – FOR PRIMARY CLASSIFICATION (A,M,F,NP)
 CITIES AND MUNICIPALITIES – RECLASSIFY AGRICULTURAL LANDS
THROUGH ORDINANCES BY THE SANGGUNIAN AFTER PUBLIC HEARING

*PRIVATE CORPORATIONS CAN ONLY LEASE ALIENABLE LANDS OF PUBLIC


DOMAIN THROUGH
 1000 HAS FOR 25 YRS RENEWABLE FOR NMT 25 YRS
 FILIPINO CITIZENS CAN LEASE NMT 500 HAS

*EO 6657 – CARP (EFFECTIVITY: JUNE 15, 1988)

*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

*RECLASSIFICATION OF A CITY OR MUNICIPALITY OF AN AGRICULTURAL LAND


INTO A PRIMARY CLASS CAN BE SUPERSEDED BY THE PRESIDENT’S DECISION

*EXEMPTED FROM CARP – IMMUNITY OR PRIVILEGE


*EXCLUDED FROM CARP – NOT UNDER OR REMOVED FROM CARP

*RETENTION LIMIT OF CARP


 NATURAL OR JURIDICAL PERSON – NMT 5 HAS
 NMT 7 HAS IF CULTIVATING THE AREA
 NMT 34 HAS IF USED AS HOMESTEAD AND BEING CULTIVATED
 LEASE BY CORPORATION – NMT 1000 HAS
 FOREIGN INDIVIDUALS – NMT 500 HAS
 INDIVIDUAL LAND OWNER CHILDREN – NMT 3 HAS PER CHILD
 ATLEAST 15 Y.O.
 ACTUALLY TILLING OR DIRECTLY MANAGING
 NOT ACQUIRED ANY LAND OWNERSHIP
 FOR MARRIED COUPLES
 WITH SEPARATION CLAUSE – CAN OWN 5 HAS EACH
 UNDER CONJUGAL PARTNERSHIP – TOTAL OF 5 HAS ONLY

*PD 27 – PROCLAIMS ENTIRE COUNTRY AS LAND REFORM AREA


*EP 228 – PROCLAIMS QUALIFIED FARMER BENEFICIARY AS FULL OWNER

*BENEFICIARIES MAY NOT SELL, TRANSFER OR CONVEY LAND FOR 10 YRS


 EXCEPT: HEREDITARY SUCCESSION, TO THE GOVT OR LBP, OTHER
QUALIFIED BENE

*EXPROPRIATION – RIGHT OF GOVT OT TAKE THE LAND, MINERAL RIGHT AND


OTHER PROPERTY

*IDLE OR ABANDONED LAND – AGRI LAND THAT ARE NOT CULTIVATED FOR
CONTINUOUS 3 YRS

*METHODS OF ACQ LANDS FOR CARP BY GOVT. :


 COMPULSORY ACQUISITION (CA) – MANDATORY ACQ OF LAND BY STATE
OF ALL PRIVATE AGRI LANDS
 VOLUNTARY OFFER TO SELL (VOS) – A LANDOWNER WHO VOLUNTARILY
OFFER THEIR AGRI LAND TO BE UNDER CARP
 DIRECT PAYMENT SCHEME (DPS) OR VOLUNTARY LAND TRANSFER (VLT)
– LANDOWNERS DIRECTLY NEGOTIATES WITH THE QUALIFIED CARP
BENEFICIARY
 LANDHOLDINGS ACQ UNDER PD 27 – RICE AND CORN LANDS
 EO 407 - DIRECTS ALL GOVT AGENCIES TO TRANSFER TO DAR ALL
LANDHOLDINGS FOR DISTRIBUTION OF LANDS TO CARP BENEFICIARIES

*LBP – DETERMINES VALUE OF LAND UNDER VOS AND CA

*CARP BENEFICIARIES – LANDLESS RESIDENTS (IN PRIORITY)


1. LESSEE OR TENANT
2. REGULAR FARMWORKERS
3. SEASONAL FW
4. OTHER FW
5. ACTUAL TILLERS
6. COOPERATIVES
7. OTHER LAND WORKERS

*ACTUAL OCCUPANCY – BASIS OF DAR IN AWARDING LANDS

*EVIDENCE OF OWNERSHIP OF GRANTED LAND – EMANCIPATION PATENT (EP)


AND CLOA
*CONDITIONS FOR ARB TO TRANSFER LAND RECEIVED
 FULL PAYMENT OF AMORT
 AFTER 1O YRS
 HEREDITARY SUCCESSION (NO 10 YRS RULE)

*CARP AWARDEE WHO DISPOSED HIS LAND CAN NO LONGER BE A QUALIFIED


BENE BUT THE SPOUSE OR CHILDREN HAS THE RIGHT TO RECOVER LAND
WITHIN 2 YRS

*PRIORITY OF QUALIFIED HEIRS


 SURVIVING SPOUSE
 HEIRS ACCDG TO AGE
 HEIRS CHOOSE AMONG THEMSELVES
 COLLECTIVE TRANSFER IN ALL NAMES OF HEIRS

*IF QUALIFIED BENE IS MINOR, HIS GUARDIAN SHALL REPRESENT HIM UNTIL
HE’S QUALIFIED

*BENE SHALL PAY TO LANDBANK IN 30 EQUAL ANNUAL PAYMENTS AT 6% WITH


2% DISCOUNT IF PAYMENTS ARE MADE ON TIME

*DAR HAS EXCLUSIVE AUTHORITY IN APPROVAL OF APPLICATIONS AS


BENEFICIARIES

*RA 9700 (AUG 7, 09) – CARPER – TO STRENGTHEN CARP

*SHARE TENANT – NOT A BENEFICIARY BUT CULTIVATES LAND AND PAYS


RENT TO LANDHOLDERS

*EO 226 – OMNIBUS INVESTMENT CODE – PROVIDES INVESTOR PACKAGE

*URBAN LAND – ATLEAST 2000 RESIDENTS PER SQ KM AND 50% ARE IN NON
AGRI BUSINESS

*IRRIGATED AND IRRIGABLE LANDS CANNOT BE RECLASSIFIED

*NO MORE VLT AFTER JUNE 30, 2009

*DETERMINATION OF JUST COMPENSATION


1. DAR
2. DAR ADJUDICATION BOARD (SUMM ADMIN PROCEEDING)
3. RTC AS SPECIAL AGRARIAN REFORM COURT

*MODE OF PAYMENTS FOR JUST COMPENSATION


 LBP SHARES
 NEGO AND TRANSFERRABLE LBP BONDS
 SHARES OF GOVT
 TAX CREDIT

*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

*RESTRICTED LISTING – STRICTLY CONFIDENTIAL

*NET LISTING – EXCESS PRICE ON TOP OF CP BY SELLER PAID BY BUYER


BECOMES THE COMPENSATION OF THE BROKER

*PROF FEE IS DUE AT CONSUMMATION AND PAYMENT WAS DONE

*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

*THE BROKER IS PROHIBITED FROM ACTING IN BEHALF OF BOTH SELLER AND


BUYER UNLESS WITH FULL DISCLOSURE THAT HE WILL BE RECEIVING 2 PROF
FEES TO BOTH SELLER AND BUYER

*SUSPECT – WILLING BUT DO NOT HAVE THE CAPACITY TO BUY


*PROSPECT – WILLING AND CAPACITATED TO BUY

*RESIGNATION OR TERMINATION OF SALESPERSON MUST BE REPORTED TO


PRBRES OR PRC WITHIN 15 DAYS FROM ITS EFFECTIVITY

*REA AND REB ARE REQ TO POST A P20,000 BOND

*A SALESPERSON CANNOT BE A SIGNATORY UNLESS HIS BROKER IS A


SIGNATORY TOO

*THE BROKER IS NOT LIABLE TO THE ACTIONS OF THE SALESPERSON UNLESS


HE HAS KNOWLEDGE OR BENEFITED WITH THE TRANSACTION

*COST = 10M, GP = 25%, BF = 6%OF SP


10M X 1.25 = 12.5M
12.5M X .06 = 750K

*TOTAL SP IF THE SELLER WANTS BROKERS FEE ON TOP OF SP AND NOT


AFFECTING THE GP:
12.5M / .94

REAL ESTATE FINANCE AND ECONOMICS


*ECONOMIC VALUE – ECONOMIC UTILITY AND MOST PROBABLE PRICE IN AN
OPEN MARKET

*LAWS OF PRICE VARIATIONS


 ON NORMALITY OF PRICES – DEMAND = LISTINGS
 INCREASE OF PRICES – DEMAND > LISTINGS
 FALLING OF PRICES – DEMAND < LISTINGS

*CAPITALIST – PRICES ARE DETERMINED BETWEEN SUPPLY AND DEMAND

*CAPITALISM/FREE/LAISSEZ FAIRE – BASED ON PRIVATE PROPERTY


*COMMUNISM/CLASSLESS – MANAGED BY STATE
*FEUDALISM – TRADITION
*MERCANTILISM – GOVT DISTRIBUTE RIGHTS TO DO
*SOCIALISM – CAPITALISM + COMMUNISM/ MAJOR IND OWNED BY STATE,
MINOR BY INDIVIDUALS
*INDUSTRIAL – DURING 18TH AND 19TH CENTURY

*VALUE – DESIRABILITY OF A PROPERTY BASED ON ITS USE

*VALUE IN USE – USE OF PROPERTY IF PUT IN SERVICE

*SEASONAL FLUCTUATIONS – SHORT TERM AND OCCUR WITHIN THE YR


RESULTING FROM WEATHER OR CUSTOMS

*PURE MONOPOLY –ONLY ONE SUPPLIER OR SELLER


*OLIGOPOLY – FEW SUPPLIERS AND HOMOGENOUS PRODUCTS
*

*TURN KEY LOAN – LENDER HAS CONTROL OVER THE PROJECT AND INCOME

*COMMERCIAL BANK – SAFE KEEPING OF FUNDS

*RA 6846 – ABOT-KAYA PABAHAY FUND


*RA 7835 – SHELTER AND URBAN DEVT FINANCING
*PD 1267 – NHMFC OR PAG-IBIG

*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

*EQUITY – DIFF BETWEEN SP AND LOANABLE AMT


*PAG-IBIG ASSISTS IN ACQ FULLY DEVELOPED LOT NMT 1000 SQM
*PAG-IBIG BONDS IS AT 20%
*PAG-IBIG FINANCING MINIMUM INT IS 6%
*PAG-IBIG MAX LOAN IS P3M

*BALLOON PAYMENT –LUMP SUM PAYMENT AFTER INSTALLMENTS IN A


PERIOD OF TIME

*IN HOUSE FINANCING – PROVIDED BY DEVELOPERS


*BRIDGE FINANCING – A FINANCING MOMENTARILY AVAILED WHILE WAITING
FOR APPROVAL OF LONG TERM LOAN

*A BANK WILL DETERMINE THE LOANABLE AMT THRU THE VALUE OF


PROPERTY SECURED AND CAPACITY TO PAY

*RESERVATION FEE IS AN EARNEST MONEY OR PART OF TOTAL PRICE

*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

*SOURCES OF INVESTMENT RISK


 LOSS OF CAPITAL
 LOSS OF RETURN ON CAPITAL
 OPPORTUNITY COST

*MARGINAL UTILITY – ADDL SATISFACTION IN CONSUMING 1 MORE UNIT OF


SAME GOOD

*ADAM SMITH – FREE COMPETITION PROMOTES WELFARE OF THE


INDIVIDUALS
*THOMAS MALTHUS – POPULATION GROWTH WILL OUTRUN FOOD SUPPLY
*KARL MARX – LABOR FORCE IS THE PROLETARIAT, OWNERS OF LAND AND
TECH ARE THE
CAPITALIST/COURAGEOUS
*DAVID RICARDO – LABOUR THEORY OF VALUES
*JOHN KEYNES – LEAD A REVOLUTION IN ECONOMIC THINKING

*GDP – TOTAL VALUE OF ALL GOODS AND SERVICES PRODUCED BY A


COUNTRY IN A YEAR (4% IN 2011)

*NATL INCOME – TOTAL OUTPUT OF CITIZENS IN A YR

*SHORT TERM FINANCING INSTRUMENTS ARE MONEY MARKET

*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)

*GEOGRAPHY – STUDY OF EARTH’S SURFACE AND ITS RELATION TO MAN


- GEOGRAPHIA GREEK FOR EARTH’S DESCRIPTION

*ECOSYSTEM – INTERACTING SYSTEM BETWEEN A COMMUNITY AND ITS


HABITAT

*SYSTEM – COLLECTION OF PARTS AND EVENTS THAT IS INTERDEPENDENT


 OPEN SYSTEM – DEPENDS ON OUTSIDE ENVIRONMENT
 CYBERNETIC SYSTEM – USE FEEDBACK MECHANISM TO REGULATE
THEMSELVES
 ECOLOGICAL SYSTEM – BOTH OPEN AND CYBERNETIC
*POPULATION – GROUP OF SAME SPECIES THAT INTERBREEDS
*BIOMES – A MAJOR REGIONAL GROUPINGS OF PLANTS AND ANIMALS
*ORGANISM – CONTIGUOUS LIVING SYSTEM
*HABITAT – ENVIRONMENT WHERE A KNOWN SPECIES OCCURS
*ENVIRONMENT – PHYSICAL AND CHEMICAL SURROUNDINGS OF AN
ORGANISM

*TUNDRA – NEAR POLAR REGION


*TAIGA – BELOW TUNDRA
*CHAPARRAL – COASTAL
*SAVANNA – GRASSLAND

*EIA – EVALUATES IMPACT OF A PROJECT TO THE ENVIRONMENT


*ENVIRONMENTAL CRITICAL PROJECT (ECP) – HAS NEGATIVE IMPACT
*CERT OF NON COVERAGE – NOT COVERED BY EIA AND DOES NOT REQURE
AN ECC

*ANAEROBIC – ORG THAT DOES NOT REQUIRE OXYGEN


*PHYSIOLOGY – STUDY OF FUNCTIONS OF LIVING SYSTEMS
*ETHOLOGY – STUDY OF ANIMAL BEHAVIOR
*COMMUNITY – DIFFERENT POPULATIONS LIVING IN AN AREA

*GRAZING – ONE SPECIES USES A PART OF THE OTHER AS FOOD


*DETRITUS – REMAINS
*NICHE – FUNCTIONAL ROLE OF AN ORGANISM

*LOTIC – RUNNING WATER


*LENTIC – STAGNANT WATER
*LIMNOLOGY – STUDY OF FRESHWATER

*PYRAMID OF ENERGY – REDUCES UP TO 10% ON EACH STAGE UP

*SUPRATIDAL – HIGH TIDE


*INTERTIDAL – MID
*SUBTIDAL – LOW TIDE

*BEHAVIORAL GEOGRAPHY – STUDY OF HUMAN BEHAVIOR AND ITS


COGINITIVE PROCESSES IN RESPONSE TO ITS ENVIRONMENT

*CLIMATOLOGY & METEOROLOGY – STUDY TO UNDERSTAND THE PHYSICAL


EFFECTS OF GREENHOUSE GASSES TO THE ATMOSPHERE

*TERRESTRIAL ECOSYSTEM HAS THE LARGEST BIOMES

*ACTIONS – ENVIRONMENT ACTS UPON THE ORGANISM


(TEMPERATURE,WIND,LIGHT)
*INTERACTION – ORGANISM REACTION TO THE ENVIRONMENT (POLLUTION)
*CO-ACTION – EFFECT OF ORGANISMS’ ACTION TO THE OTHER
(PREDATION,COMPETITION)

*PD 984 – POLLUTION CONTROL LAW OF 1976


*PD 1151 – ENVIRONMENTAL IMPACT ASSESSMENT FOR COVERED PROJECTS
OF 1977
*PD 1586 – PHIL ENVI IMPACT STATEMENT SYSTEM OF 1978
*RA 6969 – TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTE
CONTROL ACT OF 1990
*RA 7586 – NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) ACT
OF 1992
*RA 8550 – FISHERIES CODE OF 1998
*RA 8749 – PHIL CLEAR AIR ACT OF 1999
*RA 9275 – PHIL CLEAN AIR ACT OF 2004
*RA 9003 – ECOLOGICAL SOLID WASTE MGT ACT OF 2000 (RESPONSIBILITY OF
LGU)

*CERT OF CONFORMITY – ISSUED BY DENR TO THE VEHICLE


MANUFACTURERS

*ECO-PROFILE – GEOGRAPHIC INST FOR PLANNING AND DECISION MAKING


WHICH PRESENT THE QUALITY AND CARRYING CAPACITY OF AN AREA
S
*SIGA – SMALL SACALE COMMUNITY SANITATION

*CARBON CYCLE – COMBUSTION OF VEHICLES AND INDUSTRIES


*TRANSPIRATION – WATER FROM PLANTS AND SOIL TO THE AIR

*LEED – LEADERSHIOP IN ENERGY AND ENVI DESIGN (RATING SYSTEM)

*OZONE HOLE – MONTREAL PROTOCOL OF 1987

*ATMOSPHERE – 78% NITROGEN / 21% OXYGEN / 1% OTHERS

*AGRICULTURAL WASTE – WASTE FROM PLANTING, HARVESTING, TRIMMING

*CONTROLLED DUMP – DISPOSAL SOLID WASTE SITE

*LEACHATE – TOXIC CHEM THAT IS PRODUCED WHEN WASTE UNDERGOES


DECOMPOSITION

*HETEROTROPH – AN ORG THAT CANNOT FIX CARBON AND USES ORGANIC


CARBON FOR GROWTH
*PHYTOPLANKTON – AUTOTROPHIC COMPONENT OF PLANKTON COMMUNITY
*GENETICS – SCIENCE OF GENES, HEREDITY AND VARIATIONS OF LIVING
ORGS

*WATER – 97% SALTWATER / 2% FRESH WATER / 1% ICE AND SNOW

*WEST VALLEY FAULT – 19 KMS (MARIKINA TO PASIG)


*EAST VALLEY FAULT – 10 KMS (SAN MATEO AND RODRIQUEZ, RIZAL)
*MARIKINA VALLEY FAULT – AURORA, QUEZON, MARIKINA, TAGUIG, LAGUNA,
CAVITE

LEGAL REQUIREMENTS, RA 9646, IRR

*RA 9646 – RESA (JUNE 29, 2009)


*APPRAISER OR VALUER – POSSESSES QuALE
*ASSESSOR – GOVT EMP, REAL PROPERTIES INCLUDING PLANTS, EQUIP,
MACH FOR TAX PURPOSES
*RE DEVELOPER – OWN ACCT FOR LEASE OR SALE
*RE DEV’T PROJECT – DEV’T FOR CARIRI

*CONSULTANT – ADVICE AND JUDGMENT


*APPRAISER – ESTIMATE AND OPINION ON RE VALUE
*ASSESSOR – LGU EMP AND APPRAISAL FOR TAXATION
*BROKER – AGENT FOR SPLEMJO THRU LAMPSONE
*SALESPERSON – IN BEHALF OF THE BROKER

*EXEMPTED FROM SECURING A LICENSE AS REB


 TRUSTEE OR ASSIGNEE
 OWNERS
 PUBLIC OFFICERS RELATIVE TO THEIR DUTIES EXCEPT ASSESSORS
 ATTY IN FACT
 BY COURT ORDER

PRBRES
 1 CHAIR
 4 MEMBERS ( 2 FROM GOVT ASSESSORS)

*NOMINATION PER POSITION: PHILRES: 5 / PRC: 3 / PRES: 1


*CHAIRMAN: CITIZEN AND RESIDENT / 10 YRS / NOT OFFICER OF PHILRES / NOT
FACULTY

*CHAIR: 3 YRS / 2 MEM: 2 YRS / 2 MEM: 1 YR

*CHAIR AND MEMBERS CAN BE REAPPOINTED FOR A SECOND TERM BUT


SHALL NOT SERVE CONTINUOUSLY FOR 6 YRS

*FUNCTIONS OF PRBRES
 GUIDELINES AND POLICIES
 CONDUCT EXAMS
 ISSUE, SUSPEND, REVOKE, REINSTATE LICENSES
 HEAR AND INVESTIGATE VIOLATIONS
 FIX RATES AND FEES
 ADMINISTER OATHS

*CHAIR: EDUARDO ONG


*MEMBERS: RAFAEL FAJARDO / FLORENCIO DINO II

*PRBERES IS UNDER SUPERVISION OF PRC


*THE PRES CAN SUSPEND OR REMOVE CHAIR OR MEMBERS UPON
RECOMMENDATION OF PRC

*CONSULTANT’S EXAM REQ – 10 YRS FOR REB, ASSESSOR, BANK APPR AND 5
YRS FOR REA

*RE BROKERAGE WAS UNDER DTI BEFORE


*PARTNERSHIP,CORPO,ASSOC, COOPS MUST BE REGISTERED WITH SEC OR
COOP DEV AUTH

*INDEMNITY BOND FOR REB AND REA – 20K VALID AND RENEWABLE EVERY 3
YRS

*MUST REG WITH HLURB IF SELLING CONDO OR SUBD PROJECTS

*COR FOR HLURB EXPIRES EVERY DEC 1 AND RENEWABLE IN FEB

*TERMINATION OR RESIGNATION OF RESPS MUST BE REPORTED TO PRBRES


WITHIN 15 DAYS

*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

*COR / PROF ID MUST BE VISIBLY DISPLAYED IN THE OFFICE

*GRANDFATHER CLAUSE CAN ONLY BE AVAILED UNTIL JULY 30 2011


(WITHIN 2 YRS FROM RESA)

*REISSUANCE OF REVOKED ID AND COR – ONLY AFTER 2 YRS

*FATHER OF RESA: RODOLFO VALENCIA (PHILRES PRES)


*PHILRES MEMBERSHIP IS MANDATORY

*PHILRES WAS REGISTERED WITH SEC AS NONSTOCK, NONPROFIT ORG ON


MAY 19 2010

*VIOLATION AGAINST RA 9646 AND ITS IRR


 ATLEAST 100K FINE
 ATLEAST 2 YRS IMPRISONMENT
 OR BOTH
 X2 THE VIOLATION IF UNLICENSED PRACTITIONER
*PRBRES OFFICIAL SEAL
 LAND – AS REAL ESTATE
 STRUCTURES – IMPROVEMENTS
 TREES / FRUITS – AGRI PRODUCE
 GREEN LINES – THE RESPS
 RED,WHITE,BLUE,YELLOW – FLAG
 BLUE – SERVICE
 GREEN – ENVI AND ECOLOGY
 SUN AND RAYS – LIFE AND LIGHT
 RISING SUN – VITAL ROLE OF RESPS
 GOLD – ETHICAL STDS AND PROSPERITY
 MAP – PHIL ARCHIPELAGO

*REQUEST FOR CPE PROGRAM ACCREDITATION MUST BE FILED TO THE CPE


COUNCIL AT LEAST 30 DAYS PRIOR TO THE CONDUCT OF PROGRAM

*SELF ACCREDITATION – REQUEST FOR RECOG OF CREDIT UNITS IF


PROGRAM WAS CONDUCTED BY ORG WITHOUT ACCRED FROM CPE COUNCIL

*RENEWAL OF ID – 6O CUs EVERY 3 YRS, 20 FOR EVERY YEAR

*EXCESS CUs CANNOT BE CARRIED OVER TO THE NEXT YR EXCEPT FOR CUs
FROM DOCTORAL AND MASTERAL DEGREES

*FELLOWSHIP – COMPLETION OF POST DOCTORAL TRAINING PROGRAM

*REGISTERED PROF – WITH COR BUT NOT RENEWED ID


*REG AND LICENSED PROF – WITH COR AND ID

*CONVENTIONS – GATHERING FOR SYMPOSIA, ASSEMBLIES AND


DISCUSSIONS
*SEMINARS – GATHERING WITH TRAINING AND WORKSHOP

*CPE PROVIDER – VALID LICENSE FOR 3 YRS

*PARTICIPANT – 1 CU PER HOUR


*RESOURCE SPEAKER – 5 CUS
*PANELIST – 3 CUS
*FACILITATOR – 2 CUS

*MASTERS DEG – 1 CU PER ACADEMIC UNIT + 30 CU UPON COMPLETION


*DOCTORAL DEG – 2 CUS PER AU + 45 CUS UPON COMP

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