FUNDAMENTALS OF PROPERTY OWNERSHIP

Fee simple highest form of ownership; freehold

Less than fee simple
o Leased fee estate, naked ownership
Bundle of rights
o Right to possess, enjoy, fruits, sell, lease, mortgage, recover, exclude
others
Limitation on ownership
o axation, police power, eminent domain
o !scheat, legitime, "oning, #uilding code, agrarian and ur#an land
reform, su#division and condominium restrictions
o $sufruct, legal easement, servient and dominant estate
Easements are established either by
o Law or legal, will of the owners %voluntary easements&
o 'ontinuous and apparent easements are a!"#ired either #y virtue of
a(
o itle or #y prescription of $% years) *on+use also for $% years is a
cause for extinguishment of easement
o !asements
Banks of rivers, streams + , meters
From common #oundary line set#ack of(
- meters for tall trees
./ centimeters for small trees
o 0rt 123 '' landlocked properties are entitled to right of way
o Fruits naturally falling upon adjacent land #elong to the owner of said
land) %0rt) 145 ''&
&inds '( O)nershi*
o 6ole, co+ownership, diverse ownership, condominium ownership
Arti!le +,+ '( -i.il -'de states
o here is !'/')nershi* whenever the ownership of an undivided thing
or right #elongs to di7erent persons)
o here is n' !'/')nershi* when the di7erent portions owned #y
di7erent people are already !'n!retely determined and separately
identi8a#le, even if not yet technically descri#ed)
Arti!le +01 '( the -i.il -'de
o 0 co+owner may sell his right over an undivided portion to the e2tent
')ned by him) 9f the co+owner sells the whole property as his, the
sale will a7ect only his share #ut not those of the co+owners who did
not consent to the sale) *o co+owner is o#liged to remain in the co+
ownership and co+owner may demand at anytime partition of the thing
owned in common)
Arti!le $3$45 $,,05 $6$+ '( the Ne) -i.il -'de
o he right to repurchase may #e exercised #y a co+owner to the e2tent
'( his share al'ne7
o Right of pre+emption or redemption
Arti!le $341 '( the -i.il -'de
o he right of legal pre+emption or redemption shall not #e exercised
except within 1% days from the notice in writing #y the prospective
vendor) he :eed of 6ale shall not #e recorded in the Registry of
;roperty, #nless accompanied #y an a<davit of the vendor that he
has given written notice thereof to all possi#le redemptioners)
S#r(a!e5 S#bs#r(a!e and Air Ri8ht
Ri8ht t' Hidden Treas#re
Ri8ht '( A!!essi'n
M'des '( A!"#irin8 Title
o ;u#lic grant, adverse possession or prescription, reclamation
o ;rivate grant, involuntary alienation
o :escent or devise %legitime&
o 0ccretion %riparian owner, alluvium, avulsion&
Ri8ht t' ')n by nat#ral b'rn Fili*in' !iti9en
a& F'r residential *#r*'se : ;P$,6
5,/// s=uare meters of urban land or
>ne hectare of rural land
#& F'r b#siness *#r*'se / RA,$<0
.,/// s=uare meters of ur#an land or
three hectares or rural land
Pr'!ed#res in land titlin8
o ?udicial process through R'
o 0dministrative process + through :!*R
Pr'!ed#res in land title re!'nstit#ti'n
o ?udicial process through R' %R0 -1&
o 0dministrative process + through :!*R
0pplica#le if 5/@ of all titles or minimum of .// titles were lost
due 8re or act of Aod
Liens and En!#mbran!es
o A=e!tin8 title : real estate taxes, mechanics lien, mortgage lien,
judgment
o Physi!al as*e!t : appurtenant, necessity, prescription
HUMAN AND PHYSI-AL >EO>RAPHY
CONCEPT
Geography is the study of earth as the home of people. (Yi-Fu
Tua! famous geographer"
Aeography is the science that studies the !arth and its lands, features,
inha#itants and phenomena)
9t comes from the greek words BgeC %earth& and BgraphoC
Aeography is likely to #e considered as the oldest of all sciences)
They say it is the as#er to the $uestio! %hat&s o'er there(
he most fundamental principle of Aeography is that lo)atio is importat(
Aeography is considered as the m'ther of all sciences, as this study has led
to other scienti8c 8elds like #iology, anthropology, geology, mathematics,
astronomy, and chemistry)
%*Y+ OF ,-ENT,FY,NG .OC*T,ON/
5) Topoym nominal location; the name given to a place which is a portion of
the earthDs surface
-) +ite physical character of the location, which includes climate, water
sources, topography, soil and vegetation
,) +ituatio : relative location of a place compared with other places, like
identifying important #uildings, streets and other landmarks to direct people
to a desired location)
2) 0athemati)al +ituatio : a#solute location on the earthDs surface,
descri#ed through longitudes %vertical lines& and latitudes %hori"ontal lines&
-EF,N,T,ON OF TE10+/
5) To#ship a s=uare, 1 miles long and 1 miles wide) 9t is divided into ,1
sections, each of which is 5 mile #y 5 mile)
-) Ma* : a two+dimensional %Eat& representation of the earthDs surface or a
portion of it
,) -art'8ra*hy :the science of making map
2) S!ale :relationship #etween the length of an o#ject on a map and the length
of the same feature on the earthDs surface)
.) Pr'?e!ti'ns :the system used to transfer locations on the earthDs surface to
locations on a map
1) S*atial Distrib#ti'n :the arrangement of the phenomenon across the
earthDs surface)
F) Density : fre=uency that something occurs within a given unit of area
4) -'n!entrati'n : extent of the spread of something over a given study area
3) -l#stered : o#jects are close together
5/)Dis*ersed : o#jects are relatively apart
55)Pattern :geometric arrangement of o#jects)
PHYSI-AL >EO>RAPHY
#ranch of geography that studies the earth and its natural features)
0a2or spheres of the Earth/
5) Gydrosphere com#ined mass of water found over, on and under the earth
surface
-) 0tmosphere layer of gases surrounding the earth pulled in #y gravity
,) Lithosphere rigid, outermost shell; comprises of the earthDs crust and
uppermost mantle
2) Biosphere the "one of life on earth; the place on earths surface where life
dwells%!dward 6euss, 54F.&
*reas3 +pe)iali4ed Fields i Physi)al Geography
Aeomorphology+ study of various landforms on the earthDs surface
;edology + study of soils)
Biogeography + study of the spatial relationships of plants and animals)
Gydrology + study of water in all its forms)
Heteorology + study of the circulation of the atmosphere over short time
spans)
'limatology + study of the circulation of the atmosphere over longer time
spans)
HUMAN >EO>RAPHY
9t is the #ranch of geography that studies the impacts of human cultures on
earth) 9t includes languages, religion, foods, #uilding styles, ur#an areas,
agriculture, transportation systems, politics, economies, population,
demographics and more)
*reas3 +pe)iali4ed Fields i 5uma Geography
Feminist Aeography + study of society and environment through the
feminism approach
'hildrenDs Aeography + study of the places and spaces of childrenDs lives
ourism Aeography+ study of travel and tourism
Behavioral Aeography + study of cognitive processes with its response to
its environment
;olitical Aeography+ study of the interrelationships of people, state and
territory
POP6.*T,ON/
$7 -emography scienti8c study of statistics such as #irths, deaths, income, or
the incidence of disease, which illustrate the changing structure of human
populations; the composition of a particular human population
47 E)umee: the permanently inha#ited portion of the earth; that portion
occupied #y human permanent settlement)
17 -esity : useful in measuring the relationship #etween population and
availa#le resources, through a num#er of ways(
a7 *rithmeti) -esity (Populatio -esity" : total num#er of people divided
#y a total land area
b7 Physiologi)al -esity : num#er of people per unit area of ara#le land %land
suita#le for agriculture; the higher the physiological density, the greater the
potential pressure people may place on the land to produce enough food)
!7 *gri)ultural -esity : the ratio of the num#er of farmers to the total
amount of ara#le land, helps to account for these economic di7erences
+7 -ens#s : an o<cial count or survey of a population, typically recording
various details of individuals)
67 -'m*'nents '( P'*#lati'n -han8e
a7 Fertility : reproductionI#irth rate of a population
i) Nat#ral In!rease : the percentage #y which a population grows in a
year and is computed #y su#tracting the crude death rate from the
crude #irth rate %excluding migration&
ii) -r#de ;irth Rate : annual num#er of live #irths per 5,/// population
b7 M'rtality : lossIdeath rate of a population
i) -r#de Death Rate : annual num#er of deaths per 5,/// population
!7 Mi8rati'n : a permanent movement to a new location
i) Emi8rati'n : migration from a location
ii) Immi8rati'n : migration to a location
iii) Net Mi8rati'n : di7erence #etween immigrants and emigrant
F*CTO1+ *FFECT,NG 0,G1*T,ON
5) Push Fa)tors conditions that drive people to leave their old residences
a. Politi)al people are forced to migrate from a particular country for
political reasons; e)g) refugees
7. E)oomi) lack of jo# opportunities and other forms of income+
producing activities
). E'irometal: natural disasters like tsunami, earth=uakes,
EashEoods; %e)g) ;rovident Jillage, Harikina&
-) Pull Fa)tors conditions that attract people in a new area
a. Politi)al : promise of freedom
7. E)oomi) more people are enticed to leave the ;hilippines and seek
permanent residency in other economically+sta#le countries; e)g) $6,
'anada, 0ustralia, 6ingapore
). E'irometal : health reasons; eco+friendliness; e)g) *uvali
618*N,9*T,ON
a process in which an increasing proportion of an entire population lives in
cities and the su#ur#s of the cities
an implying movement from a state of less concentration to a state of more
concentration
STATISTICS
the science of collecting, classifying, and interpreting information #ased on
the num#er of things) !conomists often make use of statistics to support
theories and conclusions) 0ppraisers, too, can use statistics to support the
assumptions that allow an estimate of value)
Populatio ad +ample
:ariate is a single item in a group) >ne single family home is a variate)
Populatio all variates in a group make up a population
+ample is de8ned as some of the population or some of the variates in that
population)
Parameter is single num#er or attri#ute which can #e used to descri#e an
entire group or population variates)
*ggregate is the total or sum of all variates)
Orgai4atio of Numeri)al -ata
o facilitate interpretation and analysis, statistical data must #e arranged or
grouped in an orderly way) here are two principal methods of arranging
numerical data)
o 9n oe method each of the various values or variates is presented in
order of si9e) his arrangement is called an array.
o 9n the se)od method of arranging n#meri!al data, called a
fre$ue)y distri7utio,
Meas#res '( -entral Tenden!y
5) Hean is the average; that is the sum of the variates divided #y the
num#er of variates)
-) Hedian + middle
,) Hode is the most fre=uently occurring variate)
Meas#res '( Dis*ersi'n : 1 !'mm'n meas#res
5) 1age measure of the di7erence #etween the highest and lowest variates)
-) *'erage de'aiatio measure of how widely the individual variates in a
population vary) he average deviation measures how far the average variate
di7ers from the mean) he formula for the average deviation 8nd the mean of
the sum of the a#solute di7erence %plus and minus signs ignored& of each of the
variates from the mean of the variates) he average deviation is also called the
average a#solute deviation #ecause a#solute di7erences are use, making all the
values positive)
,) +tadard de'iatio+ measures the di7erences the di7erences #etween
individual variates and the entire population #y taking the s=uare root of the
sum of the s=uared di7erences #etween each variate and the mean of all the
variates in the population, divided #y the num#er of variates in the population)
Mean5 Median5 M'de5 A.era8e De.iati'n and Standard De.iati'n
6cores in real estate :eviation from 6=uares of
!xamination from Hean :eviation
32 5- %32+4-& 522 %5-x 5-&
35 3 45
4. , 3
42 - 2
82 / /
F4 + 2 51
FF + . -.
F. + F 23
F- +5/ 5//
T'tal <1, 64 +4,
Mean @ ,4 A <1, B 0C
Median @ ,4
M'de @ there is n' m'de A at least 4 similar
n#mbers t' ha.e a m'deC
Ran8e @ 44 A 0+ : <4 C
A.era8e De.iati'n @ 67<, A 64 B 0 C
Standard De.iati'n @ 370% A s"#are r''t '( +4, B 0C
LAND MANAGEMENT SYSTEM
Land management system in the ;hilippines focuses on the supervision of
lands owned #y the government, or land of pu#lic domain)
9t includes activities like )lassi;)atio! a)$uisitio! dispositioad
de'elopmet of the )outry&s lad resour)es)
0 major milestone in the constitutional history of land management in the
country is the enactment of ur#an land management, aptly called as B6r7a
.ad 1eform ad 5ousig)C
o a long+term and continuing program that focuses on the provision of
a7orda#le decent housing,
o #asic services and ade=uate employment opportunities to
underprivileged and homeless citi"ens in ur#an and resettlement
areas,
o with due respect to the rights of small property owners % ,//s=m) to
4// s=m)&
o 0gricultural land is the only aliena#le land of the government
8*+,C F1*0E%O1< OF .*N- 0*N*GE0ENT
=. .ad Teure
a) 0#solute ownership %known also as fee simple or freehold&
#) Less than a#solute, or those su#ject to certain limitations, =uali8cations or
restrictions example( leasehold, usufruct
>. .ad O#ership ad Trasfer
a) >wnership of a land #elongs only to those individuals, associations and
corporations legally =uali8ed to ac=uire or hold lands of pu#lic domain)
#) !xception to the rule are conveyances through hereditary succession
c) ;rivilege is given to former natural+#orn Filipinos in terms of ac=uiring
private lands in ur#an and rural areas) %B;54. and R0 45F3&
?. .ad Titlig ad 1egistratio
a) orrens 6ystem
#) 6ystem of recording unregistered lands
@. .ad +u7--i'isio
a) ;roperty Registration decree ;: 5.-3, ?une 53F4
#) 6u#division and 'ondominium BuyerDs ;rotected :ecree ;: 3.F, ?uly
53F1
GO:E1N0ENT .*N- 0*N*GE0ENT *CT,:,T,E+
=. .ad 6se *llo)atio
$ndertaken #y LA$s, as authori"ed #y R0 F51/, or the Local Aovernment
'ode of 5335
askedto adopt a comprehensive land use plan in coordination with the
approvedprovincial comprehensive land use plan, and enact integrated
"oning ordinances)
>. .ad Co'ersio or 1e)lassi;)atio
>nly allowed where(
o land has ceased to #e economically feasi#le and sound for agricultural
purposes;
o land shall have su#stantially greater economic value for residential,
commercial or industrial as determined #y the local legislative #ody
concerned
Land conversion from agricultural to other uses through reclassi8cation #y
local government units, limited to the following ranges of total agricultural
land area at the time of the passage of ordinance, and exclusive of those
distri#uted to land reform #ene8ciaries(
o 5.@ for highly ur#ani"ed and independent component city
o 5/@ for component city or 5
st
to ,
rd
class municipality
o .@ for 2
th
to 1
th
class municipality
?. .ad *)$uisitio
Land swapping, land assem#ly, land #anking, donation to the government,
joint+venture agreement, negotiated purchase %$:G0, R0 F-F3&;
!xpropriation or eminent domain resorted to only after other modes of
ac=uisition have #een exhausted, and exempts small property owners
%categori"ed as those whose residential lands do not exceed 1%% s"m7 for
highly+ur#ani"ed and ,%% s"m) in ur#an areas&;
?ust compensation; immediate possession is e7ected through payment of
at least 5.@ of the FHJ #ased on the current tax declaration of the
property to #e expropriated)
.ad *ssem7ly or Cosolidatio / ac=uisition of lots of
varyingownership through purchase orexpropriation, for the purpose of
plannedand rational development and sociali"edhousing programs without
individualproperty restrictions)
.ad 8aAig + ac=uisition oEand at values #ased on existing use,
inadvance of actual need to promoteplanned development and
sociali"edhousing programs)
.ad +#appig / ac=uisition #y exchanging land for anotherpiece of
land of e=ual value, or for sharesof stock in a government or
=uasigovernmentcorporation whose #ook valueis of e=ual value to the
land #eingexchanged, for the purpose of plannedand rational
development and theprovision for sociali"ed housing)
@. .ad -ispositio
$ndertaken #y the :epartment of !nvironment and *atural Resources
%:!*R&
a" +ales Patet / sale of lands to individuals, su#ject toconditions, aimed at
minimi"ingspeculation and encouraging development):one through pu#lic
auction, the land isawarded to the highest #idder su#ject tothe condition that
the awardees shall enter,#reak and cultivate at least 5I. of the landwithin .
years from the date of the award)
7" 5omestead Patet:gratuitouslyconveying to individuals, parcels of
landsu#ject to conditions re=uiring residence inand cultivation of the land
within a certaintimeframe to ensure its development)$pon the satisfaction of
the conditions,the patent or conveyance eventuallymatures into a full title)
)" Free Patet/ administrativeprocess under the ;u#lic Land 0ct #ywhich
titles are BperfectedC through theawarding of a free patent) his isintended to
#ene8t those who could notesta#lish su<cient legal #asis for title, #uthad
occupied the land for the length oftime prescri#ed #y law) his process
isavaila#le only to native+#orn Filipinos)
d" :olutary Co;rmatio / provides an opportunity for those whohave
claims to title to present their casevoluntarily #efore the courts that do
notaward the title #ut, as the name suggests, merely con8rms it on the #asis
of theevidence presented)
e" Compulsory Co;rmatio / due to the unsuccessful orderly
conversionof lands with uncertain status %for variousreasons such as
ignorance of the law,costs, etc)& the 'adastral 0ct was passedin 535, where
the government declaredspeci8c cities or municipalities to #esu#ject to
comprehensive cadastralsurvey) 0ll lands in the local governmentunit were
included in the survey and theirclaimants identi8ed, in the process)
B..ad -e'elopmet ad its 1egulatio
- Gousing and Land $se Regulatory Board %!> 124&( the national agency that
sets policies and standards, reviews local development plans and "oning
ordinances, and resolves land use conEicts;
- Local government units %municipalities and cities&( prepares local
developmentplans, land use plans and "oningordinances, su#ject toconform
with the comprehensive provincialland use plans, except for highly ur#ani"ed
and independent component cities)
- LA$s are authori"ed to process and approve su#division plansfor residential,
commercial or industrial, and other development purposes
C. .ad Coser'atio
- !7ected through declaration of parks and open spaces, green #elts and #u7er
"ones, including preservation of historical and cultural landmarks, with or
without improvements;
- ,tegrated Prote)ted *rea +ystem (,P*+"/ created #y the :epartment of
0griculture to protect prime agricultural lands all over the country from
indiscriminate conversion to other uses, esurig food se)urity and
maitaiig e)ologi)al 7ala)e.
.*N- 0*N*GE0ENT 861E*6
0n agency under the :epartment of !nvironment and *atural Resources that
a#sor#ed the functions and powers of the Bureau of Lands, except those that
are transferred to regional 8eld o<ces) 9tsfunctions are(
%5*T ,+ 618*N .*N-(
$r#an lands refer to lands that conform to any of the following criteria(
a) otal population density are any of the following(
5) 0t least 5,/// persons per s=uare kilometer for all cities and
municipalities
-) Hore than .// #ut less than 5,/// persons per s=uare kilometer for all
#arangays, including former po#lacions
,) 0t least 5,/// persons per s=uare kilometer in all #arangays not
included in %5& and %-&
#) Khere at least ./@ of the economically active population are engaged in
non+agricultural activities
%5*T ,+ 618*N,9*8.E .*N-(
$r#ani"a#le lands refer to sites and land areas which, considering present
characteristics and prevailing conditions, display a marked and high
*r'bability of #ecoming ur#an lands within the period of 6 t'$% years7
%5*T ,+ *N 6N1EG,+TE1E- O1 *8*N-ONE- .*N-(
refers to the land in ur#an and ur#ani"a#le areas which are not registered
with the Register of :eeds, or with the city or municipal assessorLs o<ce
concerned, or which are uninha#ited #y the owner and have not #een
developed or devoted for any useful purpose, or appears unutili"ed for a
period of , consecutive years immediately prior to the issuance and receipt
of pu#lication of notice of ac=uisition #y the Aovernment) 9t does not include
land which has #een a#andoned #y reason of force majeure or any other
fortuitous event( ;rovided, hat prior to such event, such land was previously
used for some useful or economic purpose)
%5*T ,+ * .*N--6+E P.*N(
9t is the rational approach of allocating availa#le resources as e=uita#ly as
possi#le among competing user groups and for di7erent functions consistent
with the development plan of the area and the programs under $:G0)
-EF,N,T,ON OF TE10+
A='rdable !'st + the most reasona#le price of land and shelter #ased on
the needs and 8nancial capa#ility of program #ene8ciaries and appropriate
8nancing schemes)
Areas ('r *ri'rity de.el'*ment + those areas declared as such under
existing statutes and pertinent executive issuances %0;:&)
;li8hted lands areas where the structures are dilapidated, o#solete and
unsanitary, tending to depreciate the value of the land and prevent normal
development and use of the area)
-'ns#ltati'n the constitutionally mandated process where#y the pu#lic,
on their own or through peopleDs organi"ations, is provided an opportunity to
#e heard and to participate in the decision+making process on matters
involving the protection and promotion of its legitimate collective interest,
which shall include appropriate documentation and feed#ack mechanisms)
De.el'*ment Ri8htsnew use rights; the right to use andIor develop land
and improvements thereon including putting them to a more intensive use,
conversion to a more pro8ta#le use, increasing density and the like
Idle lands non+ agricultural lands in ur#an and ur#ani"ed areas, on which
no improvements, as herein de8ned, have #een made #y the owner, as
certi8ed #y the city, municipal or provincial assessor)
Im*r'.ements all types of #uildings and residential units, walls, fences,
structures or constructions of all kinds of a 8xed character, or which are
adhered to the soil #ut shall not include trees, plants and growing fruits, and
other 8xtures that are mere superimpositions on the land, and the value of
improvements shall not #e less than ./@ of the assessed value of the
property)
D'int Eent#re the commitment or agreement #y two or more persons to
carry out a speci8c or single #usiness enterprise for their mutual #ene8t, for
which purpose they com#ine their funds, land resources, facilities and
services)
Land Assembly the ac=uisition of lots varying ownership through, among
others, expropriation or negotiated purchase, for the purpose of planning and
development unrestricted #y individual property #oundaries; also called
consolidation
Land ;anFin8 the ac=uisition of land in advance of actual need for the
purpose of ac=uiring lands at existing use value and disposing of them in a
manner which would inEuence land price formation and promote planned
development)
Land E2!han8e the process of #artering land for another piece of land
andIor shares of stock of e=ual value in a government or =uasi+government
corporation; also called land swapping
On/site de.el'*ment + the process of upgrading and reha#ilitating #lighted
slum ur#an areas with a view of minimi"ing displacement of dwellers in said
areas, and with provisions for #asic services
Pr'(essi'nal s"#atters + individuals or groups who occupy lands without
the express consent of the landowner and who have su<cient income for
legitimate housing) he term shall also apply to persons who have previously
#een awarded homelots or housing units #y the Aovernment #ut who sold,
leased or transferred the same to settle illegally in the same place or in
another ur#an area, and non+#ona 8de occupants and intruders of lands
reserved for sociali"ed housing) he term shall not apply to individuals or
groups who simply rent land and housing from professional s=uatters or
s=uatting syndicates)
Resettlement areas + areas identi8ed #y the appropriate national agency or
#y the local government unit with respect to areas within its jurisdiction,
which shall #e used for the relocation of the underprivileged and homeless
citi"ens)
Se!#rity '( ten#re + the degree of protection a7orded to =uali8ed ;rogram
#ene8ciaries against infringement or unjust, reasona#le and ar#itrary eviction
or disposition, #y virtue of the right of ownership, lease agreement, usufruct
and other contractual arrangements)
Sl#m Im*r'.ement and Resettlement Pr'8ram ASIRC + the program of
the *ational Gousing 0uthority of upgrading and improving #lighted s=uatter
areas outside of Hetro Hanila pursuant to existing statutes and pertinent
executive issuances)
Small *r'*erty ')ners + those whose only real property consists of
residential lands not exceeding three hundred s=uare meters %,// s=m)& in
highly ur#ani"ed cities and eight hundred s=uare meters %4// s=m)& in other
ur#an areas)
S'!iali9ed h'#sin8 + housing programs and projects covering houses and
lots or homelots only undertaken #y the Aovernment or the private sector for
the underprivileged and homeless citi"ens which shall include sites and
services development, long+term 8nancing, li#erali"ed terms on interest
payments, and such other #ene8ts
S"#attin8 syndi!ates + groups of persons engaged in the #usiness of
s=uatter housing for pro8t or gain)
Tenant the rightful occupant of land and its structures, #ut does not include
those whose presence on the land is merely tolerated and without the #ene8t
of contract, those who enter the land #y force or deceit, or those whose
possession is under litigation)
Under*ri.ile8ed and h'meless !iti9ens + the #ene8ciaries of $:G0 and
to individuals or families residing in ur#an and ur#ani"a#le areas whose
income or com#ined household income falls within the poverty threshold as
de8ned #y the *ational !conomic and :evelopment 0uthority and who do not
own housing facilities) his shall include those who live in makeshift dwelling
units and do not enjoy security of tenure)
G'nal Im*r'.ement Pr'8ram AGIPC+ program of the *ational Gousing
0uthority of upgrading and improving #lighted s=uatters areas within the
cities and municipalities of Hetro Hanila pursuant to existing statutes and
pertinent executive issuances)
P1E+,-ENT,*. -EC1EE =B=D/ +*.,ENT FE*T61E+
0lso known as the Urban Land Re('rm A!t5 where#y, the ;resident of the
;hilippines is given authority to proclaim speci8c parcels of ur#an and
ur#ani"a#le lands as ur#an land reform "ones)
1EP68.,C *CT D>DE/ +*.,ENT FE*T61E+
0lso known as the HUrban De.el'*ment and H'#sin8 A!t5I or the L9*0
L0K
De!larati'n '( P'li!y
o to provide for a comprehensive and continuing ur#an development and
housing program, esta#lish the mechanism for its implementation, and
for other purposes)
P#r*'ses
o $plift the conditions of the underprivileged and homeless citi"ens in
ur#an areas and in resettlement areas #y making availa#le to them
decent housing at a7orda#le cost, #asic services, and employment
opportunities
o ;rovide for an e=uita#le land tenure system that shall guarantee
security of tenure to program #ene8ciaries #ut shall respect the rights
of small property owners and ensure the payment of just compensation
o !ncourage more e7ective peopleDs participation in the ur#an
development process
o 9mprove the capa#ility of local government units in undertaking ur#an
development and housing programs and projects
E2em*ti'ns
o hose included in the coverage of R0 11.F %'0R;& agricultural land
o hose actually used for national defense and security of the 6tate
o hose use, reserved or otherwise set aside for government
infrastructures %national or local&, unless they have not #een used for
the purpose of which they have #een reserved or set aside for the past
5/ years
o hose used or set aside for maintenance of ecological #alance or
environmental protection %parks, reserves for Eora and fauna, forests
and watersheds&
o hose primarily used for special purposes %religious, charita#le,
educational purposes, cultural and historical sites, hospitals, health
centers, cemeteries, memorial parks&
Land in.ent'ry and A!"#isiti'n5 a!!'rdin8 t' *ri'rity
o Aovernment+owned lands
o 0liena#le lands of the pu#lic domain %agricultural land&
o $nregistered or a#andoned and idle lands
o hose within the 0;:s, M9;s, 69;s, which have not yet #een ac=uired
o BL966 sites which have not yet #een ac=uired
o ;rivately+ owned lands
M'des '( Land A!"#isiti'n
o 'ommunity mortgage
o Land swapping
o Land assem#ly or consolidation
o Land #anking
o :onation to the government
o ?oint venture agreement
o *egotiated purchase
o !xpropriation last to resort, when all modes have #een exhausted
already
Land Dis*'siti'n Limitati'n *o land and improvement, and rights
attached to them, for sociali"ed housing, shall #e sold, alienated, conveyed,
encum#ered or leased #y any #ene8ciaries; otherwise, the transaction is
considered null and void, and the #ene8ciaries lose their rights to the land,
forfeit the total amorti"ation paid, and shall #e #arred from the #ene8ts under
this act for 5/ years from the date of violation)
S'!iali9ed H'#sin8 Eli8ibility '( ;eneJ!iary
o Filipino citi"en
o $nderprivileged and homeless
o :oes not own any real property whether in ur#an or rural areas
o 9s not a professional s=uatter or a mem#er of s=uatting syndicates
Pri.ate Se!t'r Parti!i*ati'n
o :evelopers of proposed su#division projects are re=uired to develop an
area for sociali"ed housing e=uivalent to at least -/@ of the total
su#division area, or total su#division project cost, within the same city
or municipality
o 9ncentives(
Reduction and simpli8cation of =uali8cation and accreditation
re=uirements for participating private developers
'reation of one+stop+o<ces in the di7erent regions of the
country for the processing, approval and issuance of clearances,
permits and licenses
6impli8cation of 8nancing procedures
E2em*ti'n (r'm *ayment '( *r'?e!t related in!'me
ta2es5 ->T5 EAT5 trans(er ta25 and d'n'rKs ta2 '( ra) land
and *r'?e!t
1EP68.,C *CT CCBD/ +*.,ENT FE*T61E+
0lso known as the H-'m*rehensi.e A8rarian Re('rm A!tI
De!larati'n '( P'li!y he welfare of the landless farmers and farmworkers
will receive the highest consideration to promote social justice and to move
the nation toward sound rural development and industriali"ation, and the
esta#lishment of owner cultivatorship of economic+si"e farms as the #asis of
;hilippine agriculture)
DeJniti'ns
o A8rarian Re('rm redistri#ution of lands regardless of crops or fruits
produced to farmers and regular farmworkers who are landless,
irrespective of tenurial arrangement, to landless farmers and regular
farm workers, to include support services and other arrangements
alternative to distri#ution of land such as productionI pro8t sharing,
la#or organi"ation, or distri#ution of shares of stock)
o A8ri!#lt#ral land land devoted to agricultural activity as de8ned in
this act and not classi8ed as mineral, forest, residential, commercial or
industrial land
o Farmer a natural person whose primary livelihood is cultivation of
land or the production of agricultural crops, whether the land is owned
#y him, or #y another person under a leasehold or share tenancy
o Farm)'rFer a natural person who renders services for value as an
employee or la#orer in an agricultural enterprise or farm, regardless of
whether his compensation is paid daily, weekly, monthly or pakyaw
#asis
Ealid Transa!ti'n '( A8ri!#lt#ral Land
o Khen the area consists is 6 he!tares or less, the sale re=uires :0R
clearance)
o Khen the area is 8ve hectares or less #ut #uyer will use the land for
non+agricultural purpose, or when the area, consist of more than 8ve
hectares regardless of the #uyerDs intended utili"ation, what is re=uired
is DAR !'n.ersi'n)
o 6ale #y agrarian reform #ene8ciaries %0RBs& 9n all cases, lands
awarded to 0RBDs may only #e sold #y them after the issuance of :0R
clearance, su#ject to the following policies(
a& 0ny change from agricultural use shall not #e allowed except with
the :0R approval under its rules of conversion)
#& he #uyer will not exceed the aggregate ownership ceiling of 8ve
hectares)
c& 9f the 0RB was 9denti8ed as tenant as of >cto#er -5, 53F- and
amorti"ations were fully paid, the land may #e sold #y the original
tenant or heirs regardless of the date of issuance of !mancipation
;atent)
d& 9f the land was identi8ed as tenanted after 53F-, the sale may #e
allowed only a(ter ten years from the date of recognition of
tenants)
E'l#ntary O=er T' Sell
o Landowners whose lands su#jects for coverage under R)0 11.F may
voluntarily o7er their lands for sale to the government) Gowever, lands
for which notices of coverage have already #een sent #y the
government and received #y the landowner shall no longer #e
considered as voluntary o7ered lands)
o he :0R may reject voluntary o7er to sell under the following
circumstances(
a& he land is not suita#le for agriculture or is undeveloped, and has
a sl'*e '( m're than $,L
#& Khen there are no takers or willing agrarian reform #ene8ciary for
valid reasons, such as peace and order situation in the area)
o Kithdrawal of voluntary o7er to sell shall no longer #e allowed after the
letter o7er for J>6 is received #y :0R, except when the landholding is
determined #y :0R to #e more suita#le for a townsite, resettlement
site or institutional site needed to address a matter of national interest
or concern in a calamity situation)
-'n.ersi'n '( A8ri!#lt#ral Land
o Areas N'n/Ne8'tiable ('r -'n.ersi'n( he following areas shall not
#e su#ject to or non+negotia#le for conversion(
a& 0gricultural lands within protected areas designated under the
*ational 9ntegrated ;rotected 0rea 6ystem %*9;06&, including
watershed and recharged areas for ac=ui8ers, as determined #y
:!*R)
#& 0ll irrigated lands, as delineated #y the :epartment of 0griculture
%:0& andIor *ational 9rrigation 0dministration %*90&, where water
is availa#le to support rice and other crop production, and all
irrigated lands where water is not availa#le #ut within areas
programmed for irrigation facility reha#ilitation #y the :0R and I
or *90)
c& 0ll irriga#le lands with irrigation facilities operated #y private
organi"ations)
o Areas Hi8hly Restri!ted ('r -'n.ersi'n he following areas shall
#e classi8ed as highly restricted for conversion(
a& 9rriga#le lands not covered #y irrigation projects with 8rm funding
commitment)
#& 0gro+ industrial croplands, or lands presently planted to industrial
crops that support the economic via#ility of existing agricultural
infrastructure and agro+#ased enterprises)
c& Gighland or areas located in the elevation of .// meters or a#ove
and have the potential for growing semi+temperate and usually
high value crops)
d& !nvironmentally critical areas %!'0s& as determined #y the :!*R)
e& Lands issued with notice of valuation and ac=uisition, or su#ject of
a perfected agreement #etween the landowner and the
#ene8ciaries under voluntary land transferIdirect payment
scheme %JLI:;6& under the 'omprehensive 0grarian Reform
;rogram
o Dist#rban!e -'m*ensati'n
a& :istur#ance compensation in cash or in kind or #oth shall #e paid
#y the landowner or developer as may #e appropriate to tenants,
farm workers, or #ona 8de occupants such amounts or under such
terms as may #e mutually agreed upon, #ut which shall n't be
less than J.e times *re!edin8 !alendar years7
#& 'ompensation in kind may consist of free housing, home lots,
employment, and other #ene8ts) he :0R shall approve the terms
of any agreement for the distur#ance compensation and monitor
compliance therewith) 9n no case shall compliance with the terms
of the agreement extend #eyond si2ty days from the date of
approval of conversion application)
c& 9n case of disagreement #etween the parties on the distur#ance
compensation, the issue may #e #rought #y either of them #efore
the :0R 0djudication #oard)
o OM!ials a#th'ri9ed A**r'.edBDisa**r'.e -'n.ersi'n
a& he :0R Regional :irector for areas of n't m're than J.e
he!tares)
#& he duly authori"ed :0R $ndersecretary for areas ab'.e J.e
he!tares b#t n't m're than J(ty he!tares7
c& he :0R 6ecretary for areas of m're than J(ty he!tares,
except for those highly restricted from conversion, which shall #e
su#ject to his approval regardless of the area)
1EP68.,C *CT EDFF
<o# as C*1PE1! eGtesio of C*1P
1EP68.,C *CT No. =FF>?
AN A-T AUTHORIGIN> THE ISSUAN-E OF FREE PATENTS TO
RESIDENTAL LANDS
Se!ti'n $7Huali;)atios. + 0ny Filipino citi"en who is an a)tual o))upat
of a residential land may apply for a Free ;atent itle under this 0ct( ;rovided;
hat in highly ur#ani"ed cities, the land should not exceed two hundred
A4%%C s=uare meters; in other cities, it should not exceed 8ve hundred %6%%C
s=uare meters; in 8rst class and second class municipalities, it should not
exceed seven hundred 8fty A<6%C s=uare meters; and in all other
municipalities, it should not exceed one thousand %$5%%%& s=uare meters;
Provided, further, hat the land applied for is ot eeded for pu7li)
ser'i)e ad3or pu7li) use.
Se!ti'n 47Co'erage.
o his 0ct shall cover all lands that are 4oed as residential areas,
including townsites as de8ned under the ;u#lic Land 0ct; Provided,hat
none of the provisions of ;residential :ecree *o) F/. shall #e violated)
o Moned residential areas located inside a delisted military reservation or
a#andoned military camp, and those of local government units %LA$s&
or townsites which preceded Repu#lic 0ct *o) F.41 or the *ational
9ntegrated ;rotected 0reas 6ystem %*9;06& law, shall also #e covered
#y this 0ct)
Se!ti'n 37Period for *ppli)atio. + 0ll applications shall #e 8led
immediately after the e7ectivity of this 0ct #efore the 'ommunity
!nvironment and *atural Resources ><ce %'!*R>& of the :!*R) he '!*R>
is mandated to process the application within one hundred and twenty %5-/&
days to include compliance with the re=uired notices and other legal
re=uirements, and forward this recommendation to the ;rovincial
!nvironment and *atural Resources ><ce %;!*R>&, who shall have 8ve %.&
days to approve or disapprove the patent) 9n case of approval, patent shall #e
issued; in case of conEicting claims among di7erent claimants, the parties
may seek the proper judicial remedies)
REAL ESTATE LAWS AND REFEREN-ES
O 1eal Estate Pra)ti)e
o R0 3121 + Real estate service act of the ;hilippines % ?uly ,/, -//3&
o ;: 3.F he 6u#division and 'ondominium Buyers ;rotective
:ecree%?uly 5-, 53F1&
6ec) 5F Registration of sale %whether full or partial& shall #e
registered #y the seller at the Register of :eeds
6ec) -. issuance of title( developer must deliver the title 1
months from full payment
6ec) ,/ organi"ation of GomeownerDs 0ssociation, initiated #y
owner or developer
R0 F51/ Local Aovernment 'ode of 5335
R0 42-2 ax Reform 0ct of 533F
*graria 1eform
o ;: -F + enants !mancipation :ecree % for rice and corn&
o R0 ,422 + 'ode of 0grarian Reform
o R0 11.F + 'omprehensive 0grarian Reform Law amending R0,422
%?une5., 5344&
o R0 3F// 0ct extending R0 11.F
o :0R 0dm) >rder *o) 5- % >ct) -2, 5332&
Auidelines on conversion of agricultural land to non+agricultural
uses
R0 3--. + :ual citi"enship law
R0 3543 + he >verseas 0#sentee Joting 0ct of -//,
R05//-, + *ew Residential Free ;atent Law % covers only -//, .//, F./ N
5///s=m)&
Cosulta Nos. ?B@? ad ?BB@
o 9ssued #y Benedicto$lep of LR0 stating that waiver of foreign hus#and
married to Filipina is no longer a re=uirement in the registration of sale
Harch 5-, -//,
O .ad 1eform
o ;:5.5F + ;roclaiming $r#an Land Reform in the ;hils) %?une 55, 53F4&
o R0 F-F3 + $r#an :evelopment and Gousing 0ct( the law that favors
the ur#an poor
%Harch -2, 533-&
o ;: -/51 + ;rohi#iting the eviction of occupant of families from lands
identi8ed and
proclaimed as 0;:s or $LRMs and exempting such land from
payment of
realty tax %?anuary -,, 5341&
o ;roclamation *o) 543, declaring Hetro Hanila as $LRM %6ept) 55,
53F3&
o ;roclamation *o) 531F declaring -22 0;:s and $LRMs in Hetro
Hanila
8uyer&s Prote)tio ad 8ee;t
o R0 1..- Haceda Law % 0ugust -1, 53F-&
o ;: 3.F he 6u#division and 'ondominium Buyers ;rotective
:ecree%?uly 5-, 53F1&
o ;: 5-51 + :e8ning Bopen spaceC in residential su#division %>ct) 52,
53FF&
o B; --/ 0n act authori"ing the Hinistry of Guman 6ettlements %now
GL$RB& to
esta#lish and promulgate di7erent levels of standards for economic
and
sociali"ed housing
o ;: 5/31 *ational Building 'ode
o ;: 554. + Fire 'ode
o R0 2F-1 'ondominium Law % ?une 54, 5314&
o R0 F433 %533.& amended 6ec 2 N 51 of R0 2F-1 %GL$RB authori"ed
to approve any
amendmentIrevocation of the master deed with consent of
simple majority&
o !> 124 + GL$RB assumed the functions of *G0 on real estate
management %5345&
o !> 3/ *ational 6helter ;rogram, designated GL$RB as the sole
regulatory #ody of
housing and land development
o R0 4F1, + Gome Auaranty 'orporation 0ct of -///
o R0 43F2 !xpropriation Law
O 1ealty ,'estmets
o ;: 2F5 8xing a maximum period for the duration of leases of private
lands to aliens
which -. years renewa#le for another -. years %Hay -2, 53F2&
o R0 F1.- allowing long term lease of private lands #y foreign
investors that is ./ years
renewa#le once for -. more years
O 1etals of 1esidetial Properties
o R0 31., + Rent 'ontrol Law of -//3 extended up to -/5. #y G$:''
O .ad 1egistratio
o 0ct 231 he Land Registration 0ct % *ov) 1, 53/-&
o R0 -1 + 0n act providing a special procedure for the reconstitution of
orrens title lost or destroyed % 6eptem#er -., 5321&
o ;: 5.-3 he ;roperty Registration :ecree %?une 55, 53F4&
o R0 1F,- 0n act allowing administrative reconstitution of original
copies of certi8cate of titles lost or destroyed due to 8re, Eood and
other force majeure %?une 4, 5343&
O +paish .ad Titles
o ;: 43- discontinuance of the 6panish Hortgage Law system of
registration and of the use of 6panish titles in land registration
proceedings) 6panish titles must #e registered within 1 months or up to
0ugust 51, 53F1 or titles cannot anymore #e used as evidence of
ownership % Fe#ruary 51, 53F1&)
O +$uattig
o ;: FF- + 0nti 6=uatting Law % 0ugust -/, 53F.&
o R0 F-F3 + $:G0 $r#an :evelopment and Gousing 0ct
Law on professional s=uatters and s=uatting syndicate
O 1ights of 8aliA7ayas or Natural-8or Filipio )iti4es
o B; 54.
o R0 45F3
O EGtra-2udi)ial +ettlemet of Estate
o 6ec) 5 Rule F2 ( Revised Rules of 'ourt
9f the decedent left no will and no de#ts, the heirs are all of age,
they may divide the estate among themselves through a pu#lic
document %extra+judicial settlement of estate& or if there is only
one heir, a<davit of self+adjudication
!> -/3 + Family 'ode
R0 3-.. an act allowing illegitimate children to use the surname of their
father %Fe#) -2, -//2&
R0 34.4 an act providing the legitimi"ation of children #orn to parents
#elow marrying age
%0rt) 5FF of Family 'ode&
R0 14/3 age of majority commences at 54 years as incorporated under 0rt)
-,2 of the Family
'ode %!> -/3&) :ec) 5,, 5343
O .ad 6se Plaig
o !> F- ;roviding for the preparation and implementation of the
comprehensive land use
plan #y the local government unit
o H' .2 preserving the guidelines of R0 F51/ authori"ing cities and
municipalities to
non+agricultural use
o !> 5-2 esta#lishing priorities and procedures in evaluating areas for
land conversion
o 0rt) 512, + *o lease for more than 33 years shall #e valid
o 0rt) 55/1 + 0c=uisition of land #y prescription
o 0rt) 52/, + 6tatute of frauds
o 0rt) 2F1 + Ouieting of title
o 0rt) 123 + !asement of right of way; a person is entitled to demand a
right of way
through the neigh#ouring estates after payment of just compensation
O E)ology/
o ;: 5.41 esta#lishment of an !nvironmental 9mpact 6tatement
6ystem %!966&; 53F4
o ;roclamation *o) -521 year 5345; proclaiming certain areas and
types of projects as environmentally critical and within the scope of the
re=uirements of ;: 5.41
Ne# Ci'il Code as refere)e /
o 0rt) 2-3 + :octrine of self+helf %the right to exclude any person&
o 0rt) 2,4 + Gidden treasures
o 0rt) -5,- + 0ntichresis
DEFINITION OF TERMS
S'#r!e ;L>F / MANUAL ON REAL PROPERTY APPRAISAL AND
ASSESSMENT OPERATIONS
5) Abstra!ti'n Meth'd : method of land valuation in the a#sence of vacant land
sales, where#y improvement values o#tained from cost model are su#tracted from
sales prices of improved parcels to yield residual land value estimates;
-) A!"#isiti'n -'st : for newly+ac=uired machinery not yet depreciated and
appraised within the year of its purchase, refers to the actual cost of the machinery
to its present owner, plus the cost of transportation, handling, and installation at the
present site) he cost may also include freight and insurance charges, #rokerage,
customs duties and taxes;
,) A!t#al Use : refers to the purpose for which the property is principally or
predominantly utili"ed #y the person in possession thereof;
2) A!t#ally5 Dire!tly and E2!l#si.ely Used :
A!t#ally #sed is de8ned as an act or fact in reality; B0ctual is something real
or actually existing as opposed to something merely possi#le, or to
something which is presumptive or constructive)
Dire!tly #sed is de8ned as that use without anything intervening
proximately or without an intervening agency or person)
E2!l#si.ely #sed means the primary or inherent use and does not preclude
such incidental uses as are directly connected with, essential to, and in
furtherance of the primary use) o illustrate, the primary use of a #uilding
may #e for charita#le or religious or educational purpose) he exemption is
not wholly or partly lost #ecause on occasion, the #uilding or part of it is used
for social purposes or let out to others for entertainment;
.) Ad Eal'rem Ta2 : is a levy on real property determined on the #asis of a 8xed
proportion of the value of the property;
1) A8ri!#lt#ral Land : is land devoted principally to planting of trees, raising of
crops, livestock and poultry, dairying, salt making, inland 8shing and similar a=ua
cultural activities, and other agricultural activities, and is not classi8ed as mineral,
tim#erland, residential, commercial or industrial land;
F) A**raisal is the act or process of determining the value of a property as of a
speci8c date for a speci8c purpose) 9t may also #e de8ned as the act of estimating
the value of a property) 9t is an estimate or opinion of value, usually market value or
value as de8ned #y the appraiser) 9t is made as of a speci8c date and is a conclusion
which results from a logical and orderly analysis of facts)
4) A**raiserBAssess'r : one who conducts appraisals; speci8cally, one who
possesses the necessary =uali8cations, a#ility and experience to execute or direct
the appraisal of real or personal property;
3) ArmNs Len8th Transa!ti'n : a transaction freely arrived at in the open market,
una7ected #y a#normal pressure or #y the a#sence of normal competitive
negotiation as might #e true in the case of a transaction #etween related parties;
5/) Assessment : is the act or process of determining the value of a property or
proportion thereof su#ject to tax, including the discovery, listing, classi8cation and
appraisal of properties;
55) Assessment Le.el / is the percentage applied to the market value to
determine the taxa#le value of the property;
5-) Assessment O*erati'ns : is a means of assigning on every parcel of land and
upon all taxa#le improvements on such lands, a current and fair market value, an
assessment level to #e a#le to arrive at an assessed value for each land and each
improvement;
5,) Assessed Eal#e is the market value of the property multiplied #y the
assessment level) 9t is synonymous to taxa#le value;
52) ;en!hmarF : is a reference point from which the value of other similar
properties is measured) o #e consistent in determining the =uality level of
construction, =uality class #enchmarks for class, age and type of structure shall #e
esta#lished)
5.) ;#ildin8s : are permanent structures adhered to the land usually used for
ha#itation , commercial and industrial purposes and for other various uses and not
mere superimpositions on the land like a B#arong #arongC or =uonset 8xtures;
51) ;#ndle '( Ri8hts : is the com#ination of rights associated with the ownership
of real property, e)g), the right to use, to sell, to lease, to give away, or to exercise
all of these rights;
5F) -a*itali9ati'n : is the process of converting into present value %or o#taining
the present worth of& a series of anticipated future periodic installment of net
income;
54) -ar*'rt : an open+sided roofed automo#ile shelter that is usually formed #y an
extension of the roof from the side of a #uilding;
53) -emetery : an Barea or place where the dead are #uried, a place of #urial set
apart either #y municipal authority or private enterprise for the internment of the
dead, etc), and this includes whatever property is necessary for use of the cemetery
such as paths, ornamentation and the land within the cemetery limits ac=uired for
#ut not yet actually used for the #urial of the dead;
-/) -haritable Instit#ti'ns : refer to any #ody of persons or trust esta#lished for
charita#le purposes such as %5& relief of poverty; %-& advancement of education; %,&
advancement of religion; and %2& other purposes of a charita#le nature #ene8cial to
the community) he word charita#le in a legal sense includes every gift for a general
pu#lic use, to #e applied consistent with existing laws, for #ene8t of an inde8nite
num#er of persons, and designed to #ene8t them from an educational, religious,
moral, physical or social standpoint;
-5) -h#r!h : is a #uilding set apart for pu#lic worship; a place of worship of any
religion;
--) -'mmer!ial Pr'*erty is property devoted principally for the o#ject of pro8t
and is not classi8ed as agricultural, industrial, mineral, tim#erland, or residential
property;
-,) -'m*rehensi.e Land Use Plan / refers to a document accompanied #y maps
and all the taxa#le improvements on such lands, a current and fair market value,
and assessment level to #e a#le to arrive at an assessed value for each land and
each improvement)
-2) -'nse"#ential ;eneJts / the increase in the value of the other interests of
the property owner that can #e attri#uted to the new use to which his former
property will #e put #y the expropriating authority)
-.) -'nse"#ential Dama8es : damages to other interests of the owner that can
#e attri#uted to the expropriation;
-1) -'n.ent : a #uilding including the land it actually occupies and the adjacent
ground or vegeta#le garden for the use of the parish priest in the ordinary life) 9t is
also de8ned as a Bmonastery or nunnery)
-F) -''*erati.e / is a duly registered association of persons with a common #ond
of interest, who have voluntarily joined together to achieve a lawful common or
social economic end, making e=uita#le contri#utions to the capital re=uired and
accepting a fair share of the risks and #ene8ts of the undertaking in accordance
with universally accepted cooperative principles;
-4) -'st : is the amount of money necessary to produce, create or manufacture an
item of property;
-3) -'st A**r'a!h is also known as replacement or reproduction cost less
depreciation) $nder this approach to value, the land is appraised as vacant) he
land value is then added to the depreciated cost of the improvements to arrive at
an indication of value) 9t is #ased on the Bheory of 6u#stitutionC)
,/) Data -'m*#teri9ati'n encompasses all activities leading to the
esta#lishment and operationali"ation of a computer+assisted data #ase for Real
;roperty ax 0dministration %R;0& among which includes the
familiari"ationItraining of key personnel, encoding and validation of data ac=uisition
and installation of standard R;0 system, generation of reports and preparation of
complementary manual of procedures)
,5) De*re!iati'n : is a loss in value #rought a#out #y physical deterioration andIor
o#solescence;
,-) De*re!iated Eal#e is the value remaining after deducting depreciation from
the ac=uisition cost;
,,) E!'n'mi! Li(e is the estimated period over which it is anticipated that a
machinery may #e pro8ta#ly utili"ed;
,2) Fair MarFet Eal#eBMarFet Eal#e : is the price at which a property may #e
sold #y a seller who is not compelled to sell and #ought #y a #uyer who is not
compelled to #uy; Harket Jalue is the estimated amount for which a property
should exchange on the date of valuation #etween a willing #uyer and a willing
seller in armPs length transaction %a transaction #etween independent, unrelated
parties involving no irregularity& after proper marketing wherein the parties had
each acted knowledgea#ly, prudently, and without compulsion;
,.) F'resh're Land : a strip of land along the seashore, the use of which may or
may not #e granted #y the government to private persons or corporations;
,1) >ara8e : a #uilding or compartment of a #uilding used for housing an
automotive vehicle;
,F) >'in8 -'n!ern Eal#e : value in use;
,4) Hi8hest and ;est Use : the most pro#a#le use of a property which is
physically possi#le, appropriately justi8ed, legally permissi#le, 8nancially feasi#le
and which results in the highest value of the property #eing valued;
,3) H'rti!#lt#ral Land : is land devoted to or cultivated for planting of
vegeta#les, Eowers and other ornamental plants;
2/) Im*r'.ement + is a valua#le addition made on the property or an amelioration
in its condition, which is more than a mere repair or replacement of parts involving
capital expenditures and la#or, intended to enhance its value, #eauty or utility or to
adapt it for new or further purposes;
25) In!'me A**r'a!h : an appraisal techni=ue used to estimate the market value
of a property on the #asis of the income it produces or is capa#le of producing) he
value is estimated #y capitali"ing the estimated future income, either gross or net)
his approach is #ased on the theory that a property is worth what it will earn) Jalue
is the present worth of future #ene8ts arising from the ownership;
2-) Ind#strial Land is land devoted principally to industrial activity as capital
investment and is not classi8ed as agricultural, commercial, tim#er, mineral or
residential land;
2,) In('rmati'n and Ed#!ati'n -am*ai8n AIE-C is the R;0 9nformation kit for
the use of LA$ o<cials, assessors and treasurers in the R;0 ;roject;
22) D#st -'m*ensati'n descri#ed as the just and complete e=uivalent of the loss
which the owner of the thing expropriated has to su7er #y reason of the
expropriation;
2.) Land Use refers to the manner of utili"ation of land, including its allocation,
development and management;
21) Land Use -'n.ersi'n + refers to the act or process of changing the current use
of a piece of agricultural land into some other uses as approved #y the :epartment
of 0grarian Reform %:0R&;
2F) Ma!hinery em#races machines, e=uipment, mechanical contrivances,
instruments, appliances or apparatus which may or may not #e attached,
permanently or temporarily to the real property) 9t includes the physical facilities for
production, the installations and appurtenant service facilities, those which are
mo#ile, self+powered or self+propelled, and those not permanently attached to the
real property which are actually, directly and exclusively used to meet the needs of
the particular industry, #usiness or activity and which #y their very nature and
purpose are designed for, or necessary to its manufacturing, mining, logging,
commercial, industrial or agricultural purposes, without which such industry or
facility cannot function;
24) Man8r'.e Land : is a term applied to the type of forest occurring on tidal Eat
along the seacoast, extending along stream where the water is #rackish;
23) Marsh Land : a tract of low+lying land usually under water;
./) MarFet Data A**r'a!h : is also known as the 'omparative 0pproach)
raditionally, an appraisal procedure in which the market value estimate is
predicated upon prices paid in actual market transactions and current listings) 9t is a
process of analy"ing sales of similar recently sold properties in order to derive an
indication of the most pro#a#le sale prices of the property #eing appraised) he
relia#ility of this techni=ue is dependent upon( a& the availa#ility of compara#le
sales data; #& the veri8cation of the sales data; c& the degree of compara#ility or
extent of adjustment necessary for time di7erences; and d& the a#sence of non+
typical conditions a7ecting the sales price;
.5) MarFet Eal#e : is the price agreed upon #y the #uyer and seller in the open
market in the usual and ordinary course of legal trade and competition; the price
and value of the article esta#lished or shown #y sale, pu#lic or private, in the
ordinary way of #usiness; the fair value of property is #etween one who desires to
purchase and one who desires to sell; the current price; the general or ordinary
price for which property may #e sold in that locality)
.-) Mass A**raisal : is the process of valuing a group of properties as of a given
date using standard methodology, employing common data, and allowing for
statistical testing;
.,) Mem'rial ParFs : are lands exclusively used as #urial ground and developed
for pro8t;
.2) Mineral Lands are lands in which minerals, metallic or non+metallic, exist in
su<cient =uantity or grade to justify the necessary expenditures to extract and
utili"e such materials;
..) M's"#e is an 9slamic place of pu#lic religious worship;
.1) Nati'nal Inte8rated Pr'te!ted Areas Systems ANIPASC is the
classi8cation and administration of all designated protected areas to maintain
essential ecological processes and life+support system, to preserve genetic
diversity, to ensure sustaina#le use of resources of forest therein, and to maintain
their natural condition to the extent possi#le;
.F) N'n+Pr'Jt -emetery is a cemetery owned and operated #y the government,
#y religious corporations, #y associations and societies exclusively for its mem#ers
and not for pro8t;
9n the case of a cemetery or a memorial park which is privately owned, developed
and operated for pro8t put, such shall #e classi8ed as commercial) Gowever,
lotsIplots already in the name of the #uyer andIor already actually used as #urial
grounds shall likewise #e assessed and classi8ed as commercial #ut considered
exempt;
.4) Or!hard : is land speci8cally devoted to various fruit trees and plants;
.3) Pars'na8e : is ministerial residence used in connection with any place of
worship of any denomination) 9t shall include the house appurtenant to a cathedral,
to a synagogue, or to a country+meeting house;Q
1/) P#bli! Use + means pu#lic usefulness, utility, or advantage, or what is
productive of general #ene8t, so that any appropriating of private property #y the
6tate under its right of eminent domain, for purposes of great advantage to the
community, is a taking for pu#lic use)
15) Real Estate : the physical land and all those items, which are attached to the
land) 9t is the physical, tangi#le entity which can #e seen and touched, together with
all the additions on, a#ove, or #elow the ground;
1-) Real Pr'*erty : includes all the rights, interests, and #ene8ts related to the
ownership of real estate) >wnership of real estate is evidenced #y a 'erti8cate of
itle, Free ;atent or ax :eclaration in the a#sence of 'erti8cate of itle;
1,) Real Pr'*erty Ta2 -'lle!ti'n O*erati'ns / involves collection of all real
property taxes and penalties due and paya#le to the local government unit %LA$&
through the positive and total enforcement of tax laws and their penal provisions)
12) Reassessment is the assigning of new assessed values to property,
particularly real estate, as the result of a general, partial, or individual reappraisal of
the property;
1.) Re!'rds -'n.ersi'n and Mana8ement is the esta#lishment and
maintenance of permanent o<cial records and 8les in the o<ce of the ;rovincial,
'ity or Hunicipal 0ssessor so that an updated and regular listing of all properties is
readily availa#le) 9t also serves as a #asis for a more accurate collection of real
property tax and esta#lishes the important link #etween assessment and tax
collection operations)
11) Re!lassiJ!ati'n '( A8ri!#lt#ral Lands refers to the act of specifying how
agricultural lands shall #e utili"ed for non+agricultural uses such as residential,
commercial or industrial, as em#odied in the land use plan, su#ject to the
re=uirements and procedures for land use conversion) 9t also includes the reversion
of non+agricultural lands to agricultural use)
1F) Reli8i'#s P#r*'se means a use of such property #y a religious society or
#ody of persons as a stated place for pu#lic worship, 6unday schools and religious
instructions;
14) Remainin8 Eal#e is the value corresponding to the remaining useful life of
the machinery;
13) Re*la!ement -'st : is the cost of constructing a similar property which is
e=ually desira#le and has the same utility as the one under appraisal;
F/) Re*r'd#!ti'n -'st : is the cost of constructing an exact replica of the #uilding
#eing appraised #ased on current prices of la#or and materials and contractorPs
practices;
F5) Residential Land is land principally devoted to ha#itation;
F-) Residential Ma!hinery are those machines, e=uipment, appliances or
apparatus permanently attached to residential land andIor #uildings;
F,) Seminary ;#ildin8 used #y religious organi"ation as a place for pu#lic
worship and the education for men for priesthood which mainly involves religious
instructions, is deemed considered used for religious purposes) Horeover, a
seminary is de8ned as a place or school where persons are instructed in theology,
such as the study for priesthood)
F2) S*e!ial -lasses '( Real Pr'*erty all lands, #uildings, and other
improvements thereon actually, directly and exclusively used for hospitals, cultural,
or scienti8c purposes, and those owned and used #y local water districts, and
government owned or controlled corporations rendering essential pu#lic services in
the supply and distri#ution of water andIor generation and transmission of electric
power shall #e classi8ed as special;
F.) S*e!ial E!'n'mi! G'nes refers to selected areas which have the potential to
#e developed into agro+industrial, industrial, touristIrecreational, commercial,
#anking, investment and 8nancial centers) 0n eco"one may contain any or all of the
following( industrial estates, export processing "ones, free trade "ones, and tourist
recreational centers;
F1) S*e!ial P#r*'se Pr'*erties : are properties, which are designed, constructed
and developed for a speci8c use or purpose) By its very nature, this type of property
is rarely o7ered for sale in the open market except as part of a going concern)
Because of the special design and function, conversion of special purpose properties
to other types of development or application is generally not economically feasi#le;
FF) S'!iali9ed H'#sin8 / refers to housing programs and projects covering houses
and lots or home lots only undertaken #y the government or the private sector for
the underprivileged and homeless citi"ens which shall include sites and service
developments, long+term 8nancing, li#erali"ed terms on interest payments, and
such other #ene8ts in accordance with R) 0) F-F3
F4) Ta2 Ma* : is a graphic representation of a portion of the earthPs surface drawn
to scale on standard si"e drawing material, having property lines and jurisdictional
#oundaries delineated showing all parcels of real property and identifying each
separate real property ownership #y a uni=ue num#er) 0 tax map is also referred to
as ;roperty 9denti8cation Hap;
F3) Ta2 Ma**in8 : is a highly accurate method of 8eld operations for identifying
real property units, de8ning property #oundaries, determining actual use, and
discovering undeclared properties for taxation purposes)
4/) Timberland : is land identi8ed as forest or reserved area #y the government,
which may or may not #e granted to a concessionaire, licensee, lessee or permitee;
45) T'#rism De.el'*ment Areas : refer to speci8c sites for tourism development
located in areas identi8ed as priorities in the national and regional tourism master
plans, as well as those designated through legislation and executive issuances as
tourist "ones which can #e developed into tourism estates or integrated resort,
leisure and recreation complexes, and other tourism+related facilities;
4-) Use(#l Li(e : is the period of time over which the property may reasona#ly #e
expected to perform the function for which it was designed or intended;
4,) Utility : in general economic theory, is the capacity of an economic good to
satisfy human desires or needs;
42) Eal#ati'n5 Date '( : the date the conclusion or opinion rendered in an
appraisal is applica#le and valid) he date of appraisal identi8es the market
conditions that existed when the appraisal was made;
4.) Eal#e : the relationship #etween a thing desired and a potential purchaser) 9t
also refers to the present worth of future #ene8ts arising out of ownership of
property; a value exists when an item of property has utility, is relatively scarce,
arouses the desire of potential #uyer to #uy and is #acked #y the purchasing power;
41) Watershed : refers to a catchments area or drainage #asin from which the
water of a stream or stream system is drawn;
4F) G'nin8 is the delineationIdivision of a cityImunicipality into functional "ones
where only speci8c land uses are allowed) 9t directs and regulates the use of all
lands in the community in accordance with an approved or adopted land use plan
for the cityImunicipality) 9t prescri#es set#ack provisions, minimum lot si"es,
#uilding heights and #ulk;
44) G'nin8 Ordinan!e refers to a local legislation approving the development
controlI"oning plan and providing for the regulations and other conditions on the
uses of land)