In general, only Filipino citizens and corporations or partnerships with least 60% of the shares are owned by Filipinos are entitled to own or acquire land in the Philippines. Foreigners or non-Philippine nationals may, however, purchase condominiums, buildings, and enter into a long-term land lease.

InCorp Philippines assists foreigners, expatriates/expats, former Filipino nationals, OFWs, Balikbayans, and corporations purchasing and acquiring real property in the Philippines and can provide relevant information on Philippine laws and regulations regarding property purchase and acquisition, reviewal of general contracts, asset protection contracts, deeds of sale, taxes, and entire estate planning. In addition, we can introduce you to local real estate brokers to assist you in finding the type of property you are looking for in the Philippines.

Can a Foreigner Own Land in the Philippines?

Ownership of land in the Philippines is highly-regulated and reserved for persons or entities legally defined as Philippine nationals or Filipino citizens. For this purpose, a corporation with 60% Filipino ownership is treated as a Philippine national.

Foreigners or expats interested in acquiring land or real property through aggressive ownership structures must consider the provisions of the Philippines’ Anti-Dummy Law to determine how to proceed. A major restriction in the law is the restriction on the number of foreign members on the Board of Directors of a landholding company (which is limited to 40% foreign participation). Another concern is the possible forfeiture of the property if the provisions of the law is breached.

Are there any exceptions to the restriction on foreign land acquisition? 

Yes, there are. The list of exceptions to the restriction are as follows: 

• Acquisition before the 1935 Constitution
• Acquisition through hereditary succession if the foreigner is a legal or natural heir
• Purchase of not more than 40% interest in a condominium project
• Purchase by a former natural-born Filipino citizen subject to the limitations prescribed by law (natural-born Filipinos who acquired foreign citizenship is entitled to own up to 5,000 sq.m. of residential land, and 1 hectare of agricultural or farm land).
• Filipinos who are married to aliens and able to retain their Filipino citizenship (unless by their act or omission they have renounced their Filipino citizenship)
  

  Can a Corporation Own Land in the Philippines?

  Foreign nationals, expats or corporations may completely own a condominium or townhouse in the Philippines. To take ownership of a private land, residential house and lot, and commercial building and lot, they may set up a domestic corporation in the Philippines. This means that the corporation owning the land has less than or up to 40% foreign equity and is formed by 5-15 natural persons of legal age as incorporators, the majority of which must be Philippine residents.

  Can a Foreigner Lease Real Estate Property in the Philippines?

  Leasing land in the Philippines on a long-term basis is an option for foreigners, expats or foreign corporations with more than 40% foreign equity. Under the Investors’ Lease Act of the Philippines, they may enter into a lease agreement with Filipino landowners for an initial period of up to 50 years renewable once for an additional 25 years.

  Can a Foreigner Own Residential Houses or Buildings in the Philippines?

  Foreign ownership of a residential house or building in the Philippines is legal as long as the foreigner or expat does not own the land on which the house was built.

  Can a Foreigner Own Condominiums or Townhouses in the Philippines?

  The Condominium Act of the Philippines (RA 4726) expressly allows foreigners to acquire condominium units and shares in condominium corporations up to 40% of the total and outstanding capital stock of a Filipino-owned or controlled condominium corporation.

  However, there are a very few single-detached homes or townhouses in the Philippines with condominium titles. Most condominiums are high-rise buildings.

  Can a Foreigner Married to a Filipino Citizen Hold a Land Title in the Philippines?

  If holding a title as an individual, a typical situation would be that a foreigner married to a Filipino citizen would hold title in the Filipino spouse’s name. The foreign spouse’s name cannot be on the Title but can be on the contract to buy the property. In the event of the death of the Filipino spouse, the foreign spouse is allowed a reasonable amount of time to dispose of the property and collect the proceeds or the property will pass to any Filipino heirs and/or relatives.

  Can a Former Natural-Born Filipino Citizen own Private Land in the Philippines?

  Any natural-born Philippine citizen who has lost their Philippine citizenship may still own private land in the Philippines (up to a maximum area of 5,000 square meters in the case of rural land). In the case of married couples, the total area that both couples are allowed to purchase should not exceed the maximum area mentioned above.

  Can a Former Filipino Citizen, Balikbayan or OFW Buy and Register Properties Under Their Name?

  Former natural-born Filipinos who are now naturalized citizens of another country can buy and register, under their own name, land in the Philippines (but with limitations in land area). However, those who avail of the Dual Citizenship Law in the Philippines can buy as much as any other Filipino citizen.

  Under the Dual Citizenship Law of 2003 (RA 9225), former Filipinos who became naturalized citizens of foreign countries are deemed not to have lost their Philippine citizenship, thus enabling them to enjoy all the rights and privileges of a Filipino citizen regarding land ownership in the Philippines.

  How to Gain Dual Citizenship in the Philippines

  • If you are in the Philippines, file a Petition for Dual Citizenship and Issuance of Identification Certificate (pursuant to RA 9225) at the Bureau of Immigration (BI) and for the cancellation of your alien certificate of registration.
  • Those who are not BI-registered and overseas should file the petition at the nearest embassy or consulate.
    

    Can a Former Natural-Born Filipino Citizen own Private Land in the Philippines?

    Any natural-born Philippine citizen who has lost their Philippine citizenship may still own private land in the Philippines (up to a maximum area of 5,000 square meters in the case of rural land). In the case of married couples, the total area that both couples are allowed to purchase should not exceed the maximum area mentioned above.

    Requirements:

    • Birth Certificate authenticated by the Philippine National Statistics Office (NSO)
    • Accomplish and submit a Petition for Dual Citizenship and Issuance of Identification Certificate to a Philippine embassy, consulate or the Bureau of Immigration
    • Pay a US$50.00 processing fee, schedule, and take an “Oath of Allegiance” before a consular officer
    • The Bureau of Immigration (BI) in Manila receives the petition from the embassy or consular office. The BI issues and sends an Identification Certificate of Citizenship to the embassy or consular office.

    If a former Filipino who is now a naturalized citizen of a foreign country does not want to avail of the Dual Citizen Law in the Philippines, he or she can still acquire land based on Batas Pambansa (BP) 185 and RA 8179, but limited to the following:

    For Residential Use (BP 185 – enacted in March 1982):

    • Up to 1,000 square meters of residential land
    • Up to one (1) hectare of agricultural of farmland

    For Business/Commercial Use (RA 8179 – otherwise known as the Foreign Investment Act of 1991):

    • Up to 5,000 square meters of urban land
    • Up to three (3) hectares of rural land

    Real Estate Transaction Costs in the Philippines

    Purchases from Individuals

    • Capital Gains Tax – 6% of actual sale price. This is paid by the seller but in some cases, the buyer might be expected to be the one to pay. This percentage could differ if the property assessed is being used by a business or is a title owned by a corporation, in this case, the percentage is 7.5%.
    • Document Stamp Tax – 1.5% of the actual sale price. This is paid by either the buyer or the seller upon agreement. Normally, however, it is the buyer who shoulders the cost.
    • Transfer Tax – 0.5% of the actual sale price
    • Registration Fee – 0.25% of the actual sale price

    Purchases from Developers

    • Capital Gains Tax – 10% of actual sale price. This value might be expressed as part of the sale price.
    • Document Stamp Tax – 1.5% of the actual sale price
    • Transfer Tax – 0.5% of the actual sale price
    • Registration Fee – 0.25% of the actual sale price

     

In Philippine civil law, rescissible contracts are a subset of defective contracts under the Civil Code that are valid and binding until they are rescinded due to circumstances that render them legally vulnerable. Rescission is a remedy that seeks to restore the contracting parties to their original state (status quo ante) before the contract was entered into. These contracts are considered rescissible not because they are initially void or voidable but because they cause or threaten to cause damage to one of the parties or to a third person. The detailed regulations concerning rescissible contracts are outlined in Articles 1380 to 1389 of the Civil Code of the Philippines.

CHARACTERISTICS OF RESCISSIBLE CONTRACTS

1. Validity: Rescissible contracts are valid and binding from the outset, meaning they produce legal effects and are enforceable until rescission is sought and granted.
2. Ground for Rescission: The key reason for rescission is the presence of “lesion” or damage to one of the parties or to a third person, typically due to an inequitable result or bad faith. However, rescission is not applicable to contracts that are inherently void or voidable.
3. Nature of the Remedy: Rescission is a subsidiary remedy, meaning it cannot be availed of if there are other legal remedies sufficient to address the injury or damage. It also means that rescission will only be granted if restitution to the status quo is feasible.
   

   GROUNDS FOR RESCISSION (ARTICLE 1381)

   The following contracts are rescissible under Article 1381 of the Civil Code:

   1. Contracts Entered into by Guardians: Contracts made by guardians in representation of their wards, if the wards suffer economic prejudice as a result, are rescissible. The law provides special protection for minors and incapacitated persons who are under guardianship, so any contract that prejudices them is subject to rescission.
   2. Contracts on Behalf of Absentees: Contracts executed by representatives of absent persons (e.g., those who are not physically present or are otherwise incapacitated) are rescissible if they cause prejudice to the absentee. This typically protects absent heirs, co-owners, or other individuals who are not physically present to protect their interests.
   3. Contracts to Defraud Creditors: When contracts are made with the intent to defraud creditors (often called “fraudulent conveyances” or “acts in fraud of creditors”), they are rescissible. This typically occurs when a debtor alienates property to evade fulfilling obligations to creditors.
   4. Contracts Relating to Litigious Things: Sales or assignments of items under litigation without notifying the parties involved in the lawsuit are rescissible. This rule aims to prevent contracts that could disrupt the proper administration of justice by transferring assets that are the subject of an ongoing legal dispute.
   5. Other Cases Expressly Stated by Law: Some other specific cases not enumerated in Article 1381 are also rescissible when expressly provided for by law.

   PROCEDURE FOR RESCISSION

   1. Petition for Rescission: A party who wishes to rescind a contract must file an action for rescission in court. Rescission is not automatic; it must be judicially decreed through a formal judgment.
   2. Return of Benefits Received: The law requires that the parties return to each other what they have received under the contract. Rescission thus aims to restore both parties to their original positions. For instance, if the contract involved a sale, the buyer must return the item purchased, and the seller must return the payment made.
   3. Subsidiary Remedy: Rescission is only available as a last resort. If the aggrieved party has other remedies that can rectify the situation (such as damages), rescission will not be granted.
   4. Limitations Period: The right to file an action for rescission has a prescription period (statute of limitations) of four years. This period may differ depending on when the contract was entered into and the specific nature of the rescissible ground, such as whether the action involves fraud or other circumstances.
      

      FFECTS OF RESCISSION

      1. Restoration of the Original Status (Status Quo Ante): When a court orders rescission, the objective is to return both parties to their original state as if the contract had not been made. This involves the mutual restitution of the property, money, or benefits received by each party.
      2. Protection of Bona Fide Third Parties: If a third party acquires rights in good faith from a party to a rescissible contract, their rights are generally protected. This is particularly important in property transactions, as innocent third-party purchasers are often shielded from the consequences of the rescission.
      3. Liability for Damages: If restitution cannot fully restore the injured party to the original condition, the party seeking rescission may be entitled to additional compensation or damages to cover the loss or injury suffered.

      SPECIAL CONSIDERATIONS

      1. Partial Rescission: If the contract has been partly fulfilled and rescission affects only part of it, only that part may be rescinded. For example, if a divisible contract includes rescissible and non-rescissible obligations, the court may rescind only the part of the contract that causes harm or prejudice.
      2. Impossibility of Restitution: If restitution becomes impossible (e.g., the subject matter has been destroyed or fundamentally altered), rescission cannot be granted. In such cases, alternative remedies such as indemnity for damages may be awarded to the injured party.
      3. Requisites for Successful Rescission:
         • Injury or Damage: There must be proof of injury or damage to justify rescission. The burden of proof rests with the party seeking rescission.
         • Existence of a Rescissible Ground: The contract must fall under one of the categories of rescissible contracts specified in the Civil Code.
         • Absence of Alternative Remedies: The injured party must show that rescission is necessary because no other adequate legal remedies are available.

      LIMITATIONS ON RESCISSION (ARTICLE 1383)

      The Civil Code emphasizes that rescission is a subsidiary remedy; hence, it may not be granted if other sufficient remedies exist to repair the injury or damage. Additionally, rescission does not cover all damages or inequalities. Minor discrepancies or unfair terms that do not reach the level of “lesion” or substantial harm are generally insufficient for rescission. For instance, a contract cannot be rescinded merely because one party finds the terms unfavorable or wishes to change their mind.

      ALTERNATIVE REMEDIES

      If a contract does not meet the criteria for rescission but still produces unfair or prejudicial outcomes, other legal remedies may be pursued. These include:

      1. Damages: Compensatory damages may be awarded if the injured party can demonstrate a loss directly caused by the contract’s performance.
      2. Reformation of Contract: If the contract does not reflect the true intent of the parties due to error, fraud, or accident, it may be reformed rather than rescinded to accurately represent the parties’ intentions.
      3. Reduction of Penalty Clauses: In cases where penalty clauses within a contract are excessive or disproportionate, the court has discretion to reduce them.
      4. Rescission vs. Annulment: It is important to distinguish rescission from annulment. Rescission presumes a valid contract that can be rescinded due to injury, whereas annulment applies to contracts that are voidable due to lack of consent, mistake, or fraud.

When someone passes away, his property goes to his lawful heirs.

In the law on inheritance, these legal heirs or compulsory heirs inherit through testate and intestate succession in the Philippines.

Testate Succession in the Philippines covers inheritance when there is a Will.

Intestate Succession in the Philippines covers inheritance when there is no Will.

So, unless a compulsory heir is disinherited, inheritance rules in the Philippines ensure that certain people must always inherit.

This article discusses Philippine succession law and covers testate and intestate heirs in the Philippines.

The focus is on helping you to understand WHO will inherit property after a person’s death and WHAT amount.

To do this, you will some basic ideas in property inheritance law in the Philippines:

1. Wills must obey the rules on succession in the Philippines. The law on succession in the Philippines define who inherits even under a will, and the will maker can only give away the portion that is not allocated to them.
2. Wills can only remove compulsory heirs if the will follows the Disinheritance section of the law of Succession in the Civil Code of the Philippines. This can be a little complicated, so you must consult a lawyer.
3. When a child has passed away before a parent or grandparent, his children are entitled to inherit through the Right of Representation under Philippine law. However, the share those children inherit is only the share of their parent, and not more than that.
4. If the parent has passed away, nephews and nieces may inherit from their uncle or aunt who have no children or Will through the Right of Representation under Philippine law. However, the share they inherit is only the share of their parent, and not more than that.
5. Legitimate, Illegitimate and Formally Adopted children inherit in all situations under the Rules of Succession in the Philippines. ‘Ampons’may not inherit under intestate succession.
6. Remember that this is only a guide. Wills, land inheritance laws, the order of succession in the Philippines – these can all get complicated and it is always best to talk to a lawyer.
   

   Compulsory Heirs – When the deceased has children

   No 1 – 1 Legitimate child or Legitimate children

   

   With a will:

   • Legitimate children (or their children) – 1/2 of the estate divided amongst them
   • Free portion – 1/2 of the estate
   • Example: If the estate is worth P1M, then the legitimate child must inherit P500,000. If there are 4 legitimate children, then each inherits P125,000. The remaining P500,000 can be left to whomever the estate owner wants as stated in the will.

   Without a will:

   • Legitimate children (or his children) – all of the estate divided amongst them
   • Example: If the estate is worth P1M, then the legitimate child inherits the total estate. If there are 4 legitimate children, then each inherits P250,000.

   No 2 – 1 Legitimate child & 1 Illegitimate child

7. 
8. When there are Legal Heirs of deceased and a Will:
   • Legitimate child (or his children) – 1/2 of the Estate
   • Illegitimate child (or his children) – 1/4 of the Estate
   • Free portion – 1/4 of the Estate
     Example: If the Estate is worth P1M, then the Legitimate child must inherit P500,000 and the Illegitimate child must inherit P250,000. The remaining P250,000 can be left to whomever the Estate owner wants as stated in the Will.Without a Will:
     • Legitimate child (or his children) – 2/3 of the Estate
     • Illegitimate child (or his children) – 1/3 of the Estate
       Example: If the Estate is worth P1M, then the Legitimate child must inherit P666,666 and the Illegitimate child must inherit P333,333.

       No 3 – 1 Legitimate child & Illegitimate children

     

   When there are Legal Heirs of deceased and a Will:

   • Legitimate child (or his children) – 1/2 of the Estate
   • Illegitimate children (or his children) – 1/2 of the share of a Legitimate child taken from the Free Portion. If the Free Portion is not enough, then the Illegitimate children’s shares are reduced equally.
   • Free portion – None
     Example: If the Estate is worth P1M, then the Legitimate child must inherit P500,000. If there are 2 Illegitimate children, then each would have P250,000. If there are 3 Illegitimate children, then each Illegitimate child would receive P166,666 or P500,000 divided by 3. If there are 4, then each Illegitimate child would receive P125,000 or P500,000 divided by 4.

    

   Without a Will:

   • Legitimate child – 1/2 the Estate
   • Illegitimate children (or their children) – 1/2 of the share of a Legitimate child
     Example: If there is 1 Legitimate child and 3 Illegitimate children and the Estate is 1M, the Estate would be divided so that the Legitimate child has 1/2 of the Estate (P500,000). Although the Illegitimate children should each have 1/2 of the share of the Legitimate child (P250,000 each) this is not possible since it would exceed the amount of the Estate. The Legitimate child’s share would be protected and the Illegitimate children’s share would be reduced equally so that each Illegitimate child receives P166,666.

   No 4 – Legitimate children & 1 Illegitimate child

   When there are Legal Heirs of deceased and a Will:

   • Legitimate children (or their children) – 1/2 of the Estate divided among them
   • Illegitimate child (or his children) – 1/2 of the share of a Legitimate child
   • Free Portion – Remainder
     Example: If the Estate is 1M and there are 4 Legitimate children and 1 Illegitimate child, the Legitimate children would each receive P125,000 which is half of the P1M estate or P500,000. The Illegitimate child would receive half of the share of a Legitimate child or P62,500. The remainder is P437,500 (1,000,000 less P500,000 and less P62,500) and can be given to whomever the Estate owner wishes as stated in the Will (Free portion).

   Without a Will:

   • Legitimate child – Twice that of the Illegitimate child, with the amount depending on how many Illegitimate children there are.
   • Illegitimate children (or his children) – 1/2 of the share of a Legitimate child
     Example: If the Estate is 1M and there are 4 Legitimate children and 1 Illegitimate child, then each Legitimate child will inherit P222,222 and the Illegitimate child will inherit P111,111.

   No 5 – Legitimate children & Illegitimate children

   When there are Legal Heirs of deceased and a Will:

   • Legitimate children (or their children) – 1/2 of the Estate divided among them
   • Illegitimate children (or their children) – 1/2 of the share of a Legitimate child taken from the Free Portion. If the Free Portion is not enough, then the Illegitimate children’s shares are reduced equally.
   • Free Portion – Remainder
     Example: If there are 4 Legitimate children and 2 Illegitimate children and the Estate is 1M, then each Legitimate child receives P125,000 or half of the Estate divided among them. The 2 Illegitimate children will receive P62,500 each. The remainder of P375,000 is the Free Portion and is given as stated in the Will.

   Without a Will:

   • Legitimate child – Twice that of the Illegitimate child, with the amount depending on how many Illegitimate children there are.
   • Illegitimate children (or his children) – 1/2 of the share of a Legitimate child
     Example: If there are 4 Legitimate children and 2 Illegitimate children and the Estate is 1M, then each Legitimate child receives P200,000. The 2 Illegitimate children will receive P100,000 each.

   No 6 – Illegitimate children

   

   How to divide an Inheritance when there are only Illegitimate Children

    

   When there are Legal Heirs of deceased and a Will:

   • Illegitimate children (or their children) – 1/2 of the Estate divided amongst them
   • Free Portion – 1/2 of the Estate
     Example: If there are 4 Illegitimate children and Estate is 1M, then each Illegitimate child receives P125,000. The remaining P500,000 is given to whomever the Estate owner wishes as stated in the Will.

   Without a Will:

   • Illegitimate children (or his children) – all of the Estate divided amongst them
     Example: If there are 4 Illegitimate children and Estate is 1M, then each Illegitimate child receives P250,000.

An incredible opportunity exists for real estate lawyers looking to grow their business and get more clients through online marketing and search. It’s blogging.

Figuring out what to write isn’t always clear and if done improperly can consume a lot of time and make more of a mess than allowing you to reap the benefits. In this article, we’ll go over some of the best real estate law blog topics that attorneys and law firms should be publishing content for and dive into the sub-topics within them.

1. Property Taxes

Discussing the different property tax codes and how their applicability can be beneficial to potential clients and to you, if you offer legal services related to property taxes. Some topics include:

• Property Tax Redemption
• Foreclosure Redemption
• Taxes exceed proceeds

Discuss how buyers and sellers can take advantage of these redemptions or benefits. Cite the codes that apply and discuss the nuances and implications. If you publish a blog post that deals with dollar amounts, then use a table or other visual elements to clearly breakdown line items and clearly illustrate examples.

The Ultimate guide to Navigating the Real Eatate Market.

1. BUYING AND SELLING PROPERTIES.

When buying or selling real estate. Buyers want to ensure they are paying a fair price for the property, while sellers want to set an appropriate asking price. Appraisals help both parties determine the market value of the property and negotiate a reasonable transactions.

2. SECURING LOANS.

Lenders require property appraisals to assess the value of the collateral when approving loans. Wheater its a mortgage for purchasing a home or a loan. Whether it`s a mortgage for a commercial property, the lender wants to ensure the property`s value justifies the loan amount. Appraisals provide the necessary infomation to migitate risk for the lender.

3. INSURANCE PURPOSES.

Property appraisals are conducted for insurance purposes to determine the replacement cost or the insurable value of a property. In the event of damage or loss, the appraisal helps ensure that the property is adequately insured, and the insurance company can provide appropriate coverage.

4. PROPERTY TAX ASSESSMENT.

Goverment authorities use property appraisals to assess the value of properties for taxations purposes. The appraisals helps determine the property`s assessed taxes. Accurate appraisals ensure that property owners pay thier fair share of taxes based on the propety`s value.

5. ESTATE PLANNING AND PROBATE.

Property appraisals play a vital role in estate planning and probate proceedings. When an individual passes away, their real estate assets need to be appraised to determine their value for inheritance purposes, equitable distribution among heirs, or estate tax calculations.

6. LITIGATION AND DISPUTE RESOLUTION.

Appraisals are often necessary in legal proceedings related to real estate, such as property disputes, divorce, settlements, eminent domain cases, or insurance claims. Appraisals provide an unbiased assessment of a propety`s value, serving a basis for resolving legal disputes.

7. INVESTMENT ANALYSIS.

Property investors rely on appraisals to assess the potential return on investment. Appraisals provide insights into the property`s value, rental income potential, and market conditons, enabling investors to make informed decisions about purchasing or selling properties.

REAL ESTATE VALUATION PROFESSIONAL

1. THE SUBDIVISION AND CONDOMINIUM BUYER`S PROTECTIVE DECREE (PD 957).

REALTY TAX

Real estate tax and assessment on a lot or unit shall be paid by the owner or developer without recourse to the buyer for as long as the title has not passed the buyer; Provided, however, that if the buyer has actually taken possession of occupied the lot or unit, he shall be able to the owner or developer for such tax and assessment effective the year following such taking of possession and occupancy.

DONATION OF ROADS AND OPEN SPACES TO LOCAL GOVERMENT.

The registered owner or developer of the subdivision or condominium project, upon completion of the development of said project may, at his option, convey by way of donation the roads and open spaces found within the project may, his option, convey by way of donation the roads and open spaces found within the project to the city or municipality wherein the project is located. Upon acceptance of the donation by the city or municipality concerned, no portion of the area donated shall thereafter be converted to any other purpose or purposes unless after hearing, the proposed conversion is approved by the HLURB.

PENALTIES

Any person who shall violate any of provisions of this Decree and/or any rule or regulation thay may be issued pursuant to this Decree shall, upon conviction, be punished by a fine of nor more than twenty thousand (P20,000.00) pesos and/ or imprisonment of not more than ten (10) years. Provided, that in the case of corporations ,patnerships, cooperatives, or associations, the President, Manger or Administrator or the person who has charge of the administration of the business shall be criminally responsible for any violation of this Decree and/ or the rules and regulations promulgated pursuant thereto.

2. BATAS PAMBANSA 220

authorizing to establish and promulgate different levels of standards an technical requirements for economic and socialized housing projects in urban and rural areas from those provided undeR PD 957 -economic socialize housing refers to housing units which are within the affordability level of the average and low-income earners which is thirty percent (30%) of the gross family income as determined by the National Economic and Development Authority from time to time. it shall also refer to the goverment -initiated sites and services development and construction pf econmic and socialized housing projects in depressed areas.

CONFORMALITY WITH THE ZONING ORDINANCE OR LAND USE PLAN OF THE CITY/ MUNICIPALITY.

Housing projects should conform with the zoning ordinance of the city/municipality where they are located, thus, shall be in suitable sites for housing . However, where there is no zoning ordinance or land use plan , the predominant land use principle and site suitability of a project to a site. Futhermore, if the project is undoubtedly supportive of other land uses and activities(e.g..,housing for industrial workers) said project shall be allowed.

3. THE CONDOMINIUM ACT (RA 4726)

Consisting of a seperate interest in a unit in a residential, industrial or commercial building and undivided interest in common, directly or indirectly , in the land on which it is located and in other common areas of the building.

COMMON AREA

Means the entire project excepting all units seperately granted or held or reserved

The following are not part of the unit bearing walls , columns , floors, roofs foundations and other common structural elements of the building ;lobbies stairways ,hallways , and other areas of common use,elevator equipment and shafts central heating, central refrigeration and central air-conditioning equipment reservoirs, tanks , pumps and other central services and facilities, pipes, ducts, flues chutes, conduits, wires and other utility installations , whearever located, except the outlets thereof when located within the unit.

Other parts of the project, as may be declared in the Master Deed of Restrictions as required by PD 957 such as but not limited to; amenities, play are swimming pool , function rooms, etc.

NON-PAYMENT OF A UNIT OWNER OF HIS DUES

• shall constitute a lien on the title of the condominium unit to be registered with the Registry of Deeds concerned.

• the management body shall have the power to bid at the foreclosure sale.

CONDOMINIUM CORPORATION

Membership in the shall not be transferable , wheather stock or non stock, shall not be transferable seperately from the condominium unit of which it is an appurtenance.

4. PD 1216-OPEN SPACES IN RESIDENTIAL SUBDIVISION

this amends Sections 31 of PD 957 requiring subdivision owners to provide road, alleys, sifewalks and reserve open spaces for parks and recreational use.

1. OPEN SPACES.

an area reserved exclusively for parks, playgrounds, recreational areas, schools, roads, places of workships, hospitals, health centers, and other similar facilities and amenities.

2. STANDARD PROVIDED.

adequate roads, alleys and sidewalks, 1 hectares or more, 308 – 70 ratio. 30% OF Gross area for open spaces and 70% of gross area is the saleable are.

3. EXCLUSIVE FOR PARKS, PLAYGROUNDS AND RECREATIONAL USE;

9% of GA for high density socialized housing consisting of 66 to 100 family lots per gross hectares 7% of gross area for medium density or economic housing consisting of 21 to 65 housing unit per gross hectares 3.5% of gross area for low density or open market housing project consisting or less than 20 housing unit per gross hectares.

5. LOCAL GOVERMENT CODE OF 1991 (RA 7160)

All real property, wheather taxable or exempt, shall be appraised at the current and fair market value prevailing in the locality where the property is situated.