Real Estate Practice

Real Estate Practice
October 25, 1994
RA 9646
Real Estate Service Act of the Philippines
Passed to Senate: May 12, 2009
Approved and signed into Law: June 29, 2009
Took effect officially: July 30, 2009
Sec. 13 scope of examination
Sec. 14 qualification of applicants for
examination
Sec.20 registration without examination
Sec. 26- Surety bond 20,000
Sec. 28 Exemptions from acts as practice
of Real Estate Service (own property, order
of court, SPA w/o remuneration, public
officers doing duty)
Sec. 36 CPE 45 units or 15 units per yr for
3 yrs
Sec. 39 Penalty; not less than 100,000 or
2 years imprisonment or both
RA 9225
Dual Citizenship Law
PD 957
The Subdivision and Condominium Buyers
Protective Decree
July 12, 1976
Sec. 17 registration of sale shall be done
by seller at RD
Sec 25 issuance of title: developer must
deliver the title 6 months from full payment
Sec. 30 organization of Homeowners
Association, done by owner or developer
Sec. 32 1 phase = 10 has = 1 yr
reglamentary period
Sec. 39 penalty violation: 20,000 or 10 yrs
imprisonment
RA 7160
Local Government Code of 1991
RA 8424
Tax Reform Act of 1997
Agrarian Reform
PD 27
Tenants Emancipation Decree (for rice and corn)
RA 3844
Code of Agrarian Reform
RA 6657
Comprehensive Agrarian Reform Law (amending
RA 3844)
June 15. 1988
RA 9700
Act Extending CARP Law RA 6657
DAR Administrative Order No. 12
Guidelines on conversion of agricultural land to
non-agri
RA 9189
The Overseas Absentee Voting Act of 2003
Consulta Nos. 3543 and 3554
Issued by Benedictor Ulep of LRA stating that
waiver of foreign husband married to Filipina is no
longer required in the registration of sale
March 12, 2003
Land Reform
PD 1517
Urban Land Reform in the Philippines
June 11, 1978
RA 7279
Urban Development Housing Act: law that favors
the urban poor
March 24, 1992
PD 2016
Prohibiting the eviction of occupant of families from
lands identified and proclaimed as APDs or ULRZs
and exempting such land from payment of realty
tax
January 23, 1996
Proclamation No. 1893
Declaring Metro Manila as ULRZ
September 11, 1979
Proclamation No. 1967
Declaring 244 APDs and ULRZs in Metro Manila
(currently 284 APDs and ULRZs)
Buyers Protection and Benefit
RA 6552
Maceda Law (Installment Buyers)
August 26, 1972
PD 947
Subdivision and Condominium Buyers Protective
Decree
July 12, 1976
PD 1216
Defining open space in residential subdivision
October 14, 1977
BP 220
An act authorizing the ministry of Human
Settlements (now HLURB) to establish and
promulgate different levels of standards for
economic and socialized housing
PD 1096
National Building Code
Allowing Long term lease of private lands by foreign

investors that is 50 years renewable once for 25
years
PD 1185 - Fire Code

PD 9904
Magna Carta for Homeowners and Homeowners
Association
E0 71
HLURB devolved function to LGU (Subdivisions
development permit)
RA 4726
Condominium Law
June 18, 1968
Rentals of Residential Properties

RA 9653 Rent Control Law of 2009 (rent increase
not more than 7%, 2 months deposit, 1 month
advance)
Land Registration
Act 496 The Land Registration Act November 6,
1902
RA 26 An act providing a special procedure for
the reconstitution of Torrens title lost or destroyed
(September 25, 1946)
RA 8371 - Indigenous People Rights Act
RA 7899
Amended Sec 4 and 16 of RA 4726 (HLURB
authorized to approve any amendment/revocation
of the master deed with consent with simple
majority) - 1995
RA 8763
Home Guaranty Corporation Act of 2000
RA 8974
Expropriation Law
HISTORY OF HLURB
EO 419 (1973) creation of Task Force on Human
Settlements under Development Academy of the
Philippines
PD 933 (1976) TFHS was renamed into Human
Settlement Commission
PD 13396 (1978) HSC was renamed into Human
Settlements Regulatory Commission (HSRC), the
regulatory arm of the Ministry of Human
Settlements
EO 648 (1981) HSRC assumed functions of NHA
on real estate management
EO 90 (1986) renamed as HLURB (Housing and
Land Use Regulatory Board) and National Shelter
Program, designed HLURB as the sole regulatory
body for housing and land development under
Housing and Urban Development Coordinating
Council (HUDCC)
Realty Investment
PD 471 May 24, 1974
Fixing a maximum period for the duration of lease
of private lands to aliens 25 years renewable
another 25 years
RA 7652
RA 1529
The Property Registration Decree
June 11, 1978
RA 6732
An act allowing admin reconstitution of original
copies of certificate of titles lost or destroyed due to
fire, food and other force majeure
June 8, 1989
Spanish Land titles
PD 892 discontinuance of the Spanish Mortgage
Law system of registration and of the use of
Spanish titles of land registration proceedings.
Spanish titles must be registered within 6 months or
up to August 16, 1976 or titles cannot be anymore
used as proof of ownership.
February 16, 1976
Tile No. 4136
Mariano San Pedro Estate
On Squatting
PD 772 Anti squatting Law
August 20, 1975
RA 7279
Urban Development Housing Act Law on
professional squatters and squatting syndicate
On rights of balikbayan or Natural-Born Filipino
citizens
BP 185
RA 8179
On Extra-Judicial Settlement of Estate
Sec 1 of Rule 74: Revised Rules of Court
If the decedent of left no will and no debts,
the heirs are al of age, they may divide the
estate among themselves through a public
document (extra-judicial settlement of
estate) or if there is only one heir, affidavit of

self-adjudication.
EO 209 Family Code
RA 9255 an act allowing illegitimate children to
use the surname of their father (February 24, 2004)
RA 9858 an act providing the legitimization of
children born to parents below marrying age
RA 6809 Age of majority commences at 18 years
old (December 13, 1989)
On Land Use Planning

EO 72 Providing for the preparation and
implementation for the comprehensive land use
plan by the local government unit
MC 54 guidelines of RA 7160 authorizing cities
and municipalities non-agricultural use
Art. 1458 Meaning of Contract of Sale
Art. 1543 No lease for than 99 years shall be
valid
Art. 1106 Acquisition of land by prescription
Art. 1403 Statute of Fraud
Art. 476 Quieting of title
Art. 649 Easement of right of way; person can
demand a right of way thru neighboring estates
after just compensation
On Ecology
PD 1586 establishment of an Environmental
Impact Statement System (EISS) 1978
Proclamation No. 2146 proclaiming certain areas
and types of projects as environmentally critically
and within the scope of the requirements of PD
1586
RA 8749 Clean Air Act
RA 10121 Disaster Risk Reduction Management
New Civil Code references
Art. 429 doctrine of self-help (right to exclude any
person)
Art. 438 Hidden treasures
Art. 2132 Antichresis
Art. 1403 Statute of Frauds
GENERAL/ FUNDAMENTALS OF REAL ESTATE

SERVICE
Official Seal for PRBRES symbols:
Land real estate
Structures improvements on the Land
Trees and Fruits agricultural produce
Green Lines real estate practitioners
Red, White and Yellow colors of the Philippine
Flag
Blue color of service
Sun and rays life and light
Rising sun vital role of real estate practitioners
Gold ethical standards and prosperity
Map of the Philippines Philippine Archipelago
Fundamentals of Property Ownership
Ownership = independent right of person to
exclusive enjoyment and control of a property
FEE SIMPLE bundle of rights (inherent and
appurtenant to ownership)
- Usage of one right affects the
other rights
Right to:
o Possess
o Use and enjoy
o The fruits
o Dispose
o Vindicate or recover
Surface, Sub Surface and Air Rights
Water rights Riparian (stream, rivers and creeks)
and Lattoral (sea)rights
Right to Hidden Treasure:
General Rule: Hidden treasure belongs to owner of
the land or owner where it is found.
If treasure found is interest to science or arts, State
may buy at just compensation.
Exceptions:
1. Discovery made on property of another
to finder. If trespasser, nothing.
Rights of Accession:
General Rule: right by accession of owner to
everything which is produced thereby. (naturally or
artificially)
Best evidence of ownership: Torrens Certificate of
Title
Modes of acquiring title:
Private Grant (sale by private persons), Public
Grant (Govt), Involuntary Grant (foreclosure sale),
Inheritance, Reclamation, Accretion, Prescription,
Revision
Right to own:
General Rule Only Filipinos Citizens and

Corporation (atleast 60% are Filipinos)
Exceptions - Aliens can acquire if:
a. Acquisition before 1935 Constitution
b. Hereditary succession if legal heir acquire
c. Not more than 40% in a condominium
project
d. Former natural born Filipino Citizens
Formal Natural Born Filipino Citizens limitations,
Residential Purpose: 1,000 sqm. urban land
1 hectare rural/natural land
Business Purpose: 5,000 sqm. urban land
3 hectares rural/natural land
Lands of public domain:
Agricultural, Forest or Timber, Mineral and National
Parks
Alienable Lads of the public domain shall be limited
to agricultural lands.
Land Alienable and Disposable. refers to
those lands of the public domain which have been
the subject of the present system of classification
and declared as not needed for forest purposes.
Filipino citizens may acquire alienable lands not
more than 12 hectares or lease not more than 00
hectares.
Private corporations cannot acquire but can lease
not to exceed 1,000 hectares and not exceeding 25
years.
Code of Ethics
Sec. 35 of RA 9646 mandates for a National Code
of Ethics and Responsibilities for RE Practice.
Declaration of Principles
Rules of conduct and practice to the govt, public,
client, fellow practitioners and his organization
Penalty
1st reprimand
2nd Minimum 2 months not to exceed 6 months
suspension of AIPO membership
3rd AIPO membership suspension and
recommendation for license suspension

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Real Estate Practice

October 25, 1994

Allowing Long term lease of private lands by foreign

PD 1185 - Fire Code

Rentals of Residential Properties

estate) or if there is only one heir, affidavit of

On Land Use Planning

GENERAL/ FUNDAMENTALS OF REAL ESTATE

General Rule Only Filipinos Citizens and

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