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 Taxation, police power, eminent domaino Escheat, legitime, zoning, building code, agrarian and urban land reform, subdivision

and condominium restrictionso Usufruct, legal easement, servient and dominant estate

Easements are established either by:o Law or legal, will of the owners (voluntary easements)o Continuous and apparent easements are acquired either by virtue of a:o Title or by prescription of 10 years. Non-use also for 10 years is a cause for

extinguishment of easemento Easements

Banks of rivers, streams - 3 meters From common boundary line setback of:

2 meters for tall trees 50 centimeters for small trees

o Art 649 CC – landlocked properties are entitled to right of wayo Fruits naturally falling upon adjacent land belong to the owner of said land. (Art. 681 CC)

Kinds of Ownershipo Sole, co-ownership, diverse ownership, condominium ownership

Article 484 of Civil Code states:o There is co-ownership whenever the ownership of an undivided thing or right belongs

to different persons. o There is no co-ownership when the different portions owned by different people are

already concretely determined and separately identifiable, even if not yet technically described.

Article 493 of the Civil Code:o A co-owner may sell his right over an undivided portion to the extent owned by him. If

the co-owner sells the whole property as his, the sale will affect only his share but not those of the co-owners who did not consent to the sale. No co-owner is obliged to remain in the co-ownership and co-owner may demand at anytime partition of the thing owned in common.

Article 1612, 1889, 1514 of the New Civil Code:o The right to repurchase may be exercised by a co-owner to the extent of his share

alone.o Right of pre-emption or redemption

Article 1623 of the Civil Code:o The right of legal pre-emption or redemption shall not be exercised except within 30

days from the notice in writing by the prospective vendor. The Deed of Sale shall not be recorded in the Registry of Property, unless accompanied by an affidavit of the vendor that he has given written notice thereof to all possible redemptioners.

Surface, Subsurface and Air Right Right to Hidden Treasure Right of Accession Modes of Acquiring Title

o Public grant, adverse possession or prescription, reclamationo Private grant, involuntary alienationo Descent or devise (legitime)o Accretion (riparian owner, alluvium, avulsion)

Right to own by natural born Filipino citizena) For residential purpose – BP185

1,000 square meters of urban land or One hectare of rural land

b) For business purpose - RA8179 5,000 square meters of urban land or three hectares or rural land

Procedures in land titlingo Judicial process – through RTCo Administrative process - through DENR

Procedures in land title reconstitutiono Judicial process – through RTC (RA 26)o Administrative process - through DENR

Applicable if 10% of all titles or minimum of 500 titles were lost due fire or act of God

Liens and Encumbranceso Affecting title – real estate taxes, mechanics lien, mortgage lien, judgmento Physical aspect – appurtenant, necessity, prescription

HUMAN AND PHYSICAL GEOGRAPHY

CONCEPT

“Geography is the study of earth as the home of people.” (Yi-Fu Tuan, famous geographer) Geography is the science that studies the Earth and its lands, features, inhabitants and

phenomena. It comes from the greek words “ge” (earth) and “grapho” Geography is likely to be considered as the oldest of all sciences. They say it is the answer to the question, “What’s over there?” The most fundamental principle of Geography is that location is important: Geography is considered as the mother of all sciences, as this study has led to other scientific

fields like biology, anthropology, geology, mathematics, astronomy, and chemistry.

WAYS OF IDENTIFYING LOCATION:

1. Toponym – nominal location; the name given to a place which is a portion of the earth’s surface

2. Site – physical character of the location, which includes climate, water sources, topography, soil and vegetation

3. Situation – relative location of a place compared with other places, like identifying important buildings, streets and other landmarks to direct people to a desired location.

4. Mathematical Situation – absolute location on the earth’s surface, described through longitudes (vertical lines) and latitudes (horizontal lines)

DEFINITION OF TERMS:

1. Township– a square, 6 miles long and 6 miles wide. It is divided into 36 sections, each of which is 1 mile by 1 mile.

2. Map – a two-dimensional (flat) representation of the earth’s surface or a portion of it3. Cartography –the science of making map4. Scale –relationship between the length of an object on a map and the length of the same

feature on the earth’s surface.5. Projections –the system used to transfer locations on the earth’s surface to locations on a map

6. Spatial Distribution –the arrangement of the phenomenon across the earth’s surface. 7. Density – frequency that something occurs within a given unit of area8. Concentration – extent of the spread of something over a given study area9. Clustered – objects are close together10. Dispersed – objects are relatively apart11. Pattern –geometric arrangement of objects.

PHYSICAL GEOGRAPHY branch of geography that studies the earth and its natural features.

Major spheres of the Earth:1. Hydrosphere – combined mass of water found over, on and under the earth surface2. Atmosphere –layer of gases surrounding the earth pulled in by gravity3. Lithosphere – rigid, outermost shell; comprises of the earth’s crust and uppermost mantle4. Biosphere – the zone of life on earth; “the place on earth’s surface where life dwells”(Edward

Seuss, 1875)

Areas/ Specialized Fields in Physical Geography Geomorphology - study of various landforms on the earth’s surface Pedology - study of soils. Biogeography - study of the spatial relationships of plants and animals. Hydrology - study of water in all its forms. Meteorology - study of the circulation of the atmosphere over short time spans. Climatology - study of the circulation of the atmosphere over longer time spans.

HUMAN GEOGRAPHY It is the branch of geography that studies the impacts of human cultures on earth. It includes

languages, religion, foods, building styles, urban areas, agriculture, transportation systems, politics, economies, population, demographics and more.

Areas/ Specialized Fields in Human Geography Feminist Geography - study of society and environment through the feminism approach Children’s Geography - study of the places and spaces of children’s lives Tourism Geography - study of travel and tourism Behavioral Geography - study of cognitive processes with its response to its environment Political Geography - study of the interrelationships of people, state and territory

POPULATION:

1. Demography– scientific study of statistics such as births, deaths, income, or the incidence of disease, which illustrate the changing structure of human populations; the composition of a particular human population

2. Ecumene– the permanently inhabited portion of the earth; that portion occupied by human permanent settlement.

3. Density – useful in measuring the relationship between population and available resources, through a number of ways:

a. Arithmetic Density (Population Density) – total number of people divided by a total land area

b. Physiological Density – number of people per unit area of arable land (land suitable for agriculture; the higher the physiological density, the greater the potential pressure people may place on the land to produce enough food.

c. Agricultural Density – the ratio of the number of farmers to the total amount of arable land, helps to account for these economic differences

4. Census – an official count or survey of a population, typically recording various details of individuals.

5. Components of Population Change

a. Fertility – reproduction/birth rate of a populationi. Natural Increase – the percentage by which a population grows in a year and is

computed by subtracting the crude death rate from the crude birth rate (excluding migration)

ii. Crude Birth Rate – annual number of live births per 1,000 population

b. Mortality – loss/death rate of a populationi. Crude Death Rate – annual number of deaths per 1,000 population

c. Migration – a permanent movement to a new locationi. Emigration – migration from a location

ii. Immigration – migration to a locationiii. Net Migration – difference between immigrants and emigrant

FACTORS AFFECTING MIGRATION

1. Push Factors– conditions that drive people to leave their old residencesa. Political– people are forced to migrate from a particular country for political reasons;

e.g. refugeesb. Economic – lack of job opportunities and other forms of income-producing activitiesc. Environmental– natural disasters like tsunami, earthquakes, flashfloods; (e.g. Provident

Village, Marikina)

2. Pull Factors – conditions that attract people in a new areaa. Political – promise of freedomb. Economic– more people are enticed to leave the Philippines and seek permanent

residency in other economically-stable countries; e.g. US, Canada, Australia, Singapore c. Environmental – health reasons; eco-friendliness; e.g. Nuvali

URBANIZATION a process in which an increasing proportion of an entire population lives in cities and the

suburbs 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 based on the number of things. Economists often make use of statistics to support theories and conclusions. Appraisers, too, can use statistics to support the assumptions that allow an estimate of value.

Population and Sample

Variate is a single item in a group. One single family home is a variate. Population – all variates in a group make up a population Sample is defined as some of the population or some of the variates in that population. Parameter is single number or attribute which can be used to describe an entire group or

population variates. Aggregate is the total or sum of all variates.

Organization of Numerical Data

To facilitate interpretation and analysis, statistical data must be arranged or grouped in an orderly way. There are two principal methods of arranging numerical data.

o In one method each of the various values or variates is presented in order of size. This arrangement is called an array.

o In the second method of arranging numerical data, called a frequency distribution,

Measures of Central Tendency

1. Mean is the average; that is the sum of the variates divided by the number of variates.2. Median - middle3. Mode is the most frequently occurring variate.

Measures of Dispersion – 3 common measures

1. Range – measure of the difference between the highest and lowest variates.

2. Average devaiation– measure of how widely the individual variates in a population vary. The average deviation measures how far the average variate differs from the mean. The formula for the average deviation find the mean of the sum of the absolute difference (plus and minus signs ignored) of each of the variates from the mean of the variates. The average deviation is also called the average absolute deviation because absolute differences are use, making all the values positive.

3. Standard deviation- measures the differences the differences between individual variates and the entire population by taking the square root of the sum of the squared differences between each variate and the mean of all the variates in the population, divided by the number of variates in the population.

Mean, Median, Mode, Average Deviation and Standard Deviation

Scores in real estate Deviation from Squares ofExamination from Mean Deviation

94 12 (94-82) 144 (12x 12)91 9 8185 3 984 2 482 0 078 - 4 1677 - 5 2575 - 7 4972 -10 100

Total 738 52 428

Mean = 82 ( 738 / 9)

Median = 82

Mode = there is no mode ( at least 2 similar numbers to have a mode)

Range = 22 ( 94 – 72 )

Average Deviation = 5.78 ( 52 / 9 )

Standard Deviation = 6.90 ( square root of 428 / 9)

LAND MANAGEMENT SYSTEM

Land management system in the Philippines focuses on the supervision of lands owned by the government, or land of public domain.

It includes activities like classification, acquisition, dispositionand development of the country’s land resources.

A major milestone in the constitutional history of land management in the country is the enactment of urban land management, aptly called as “Urban Land Reform and Housing.”

o a long-term and continuing program that focuses on the provision of affordable decent housing,

o basic services and adequate employment opportunities to underprivileged and homeless citizens in urban and resettlement areas,

o with due respect to the rights of small property owners ( 300sqm. to 800 sqm.)o Agricultural land is the only alienable land of the government

BASIC FRAMEWORK OF LAND MANAGEMENT

1. Land Tenurea. Absolute ownership (known also as fee simple or freehold) b. Less than absolute, or those subject to certain limitations, qualifications or restrictions –

example: leasehold, usufruct

2. Land Ownership and Transfera. Ownership of a land belongs only to those individuals, associations and corporations legally

qualified to acquire or hold lands of public domain.b. Exception to the rule are conveyances through hereditary successionc. Privilege is given to former natural-born Filipinos in terms of acquiring private lands in urban

and rural areas. (BP185 and RA 8179)

3. Land Titling and Registrationa. Torrens System b. System of recording unregistered lands

4. Land Sub-Divisiona. Property Registration decree – PD 1529, June 1978b. Subdivision and Condominium Buyer’s Protected Decree – PD 957, July 1976

GOVERNMENT LAND MANAGEMENT ACTIVITIES

1. Land Use Allocation Undertaken by LGUs, as authorized by RA 7160, or the Local Government Code of 1991 Taskedto adopt a comprehensive land use plan in coordination with the approvedprovincial

comprehensive land use plan, and enact integrated zoning ordinances.

2. Land Conversion or Reclassification Only allowed where:

o land has ceased to be economically feasible and sound for agricultural purposes;o land shall have substantially greater economic value for residential, commercial or

industrial as determined by the local legislative body concerned

Land conversion from agricultural to other uses through reclassification by 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 distributed to land reform beneficiaries:

o 15% for highly urbanized and independent component cityo 10% for component city or 1st to 3rd class municipalityo 5% for 4th to 6th class municipality

3. Land Acquisition

Land swapping, land assembly, land banking, donation to the government, joint-venture agreement, negotiated purchase (UDHA, RA 7279);

Expropriation or eminent domain resorted to only after other modes of acquisition have been exhausted, and exempts small property owners (categorized as those whose residential lands do not exceed 300 sqm. for highly-urbanized and 800 sqm. in urban areas);

Just compensation; immediate possession is effected through payment of at least 15% of the FMV based on the current tax declaration of the property to be expropriated.

Land Assembly or Consolidation - acquisition of lots of varyingownership through purchase orexpropriation, for the purpose of plannedand rational development and socializedhousing programs without individualproperty restrictions.

Land Banking - acquisition ofland at values based on existing use, inadvance of actual need to promoteplanned development and socializedhousing programs.

Land Swapping - acquisition by exchanging land for anotherpiece of land of equal value, or for sharesof stock in a government or quasigovernmentcorporation whose book valueis of equal value to the land beingexchanged, for the purpose of plannedand rational development and theprovision for socialized housing.

4. Land Disposition Undertaken by the Department of Environment and Natural Resources (DENR)

a) Sales Patent - sale of lands to individuals, subject toconditions, aimed at minimizingspeculation and encouraging development.Done through public auction, the land isawarded to the highest bidder subject tothe condition that the awardees shall enter,break and cultivate at least 1/5 of the landwithin 5 years from the date of the award.

b) Homestead Patent–gratuitouslyconveying to individuals, parcels of landsubject to conditions requiring residence inand cultivation of the land within a certaintimeframe to ensure its development.Upon the satisfaction of the conditions,the patent or conveyance eventuallymatures into a full title.

c) Free Patent- administrativeprocess under the Public Land Act bywhich titles are “perfected” through theawarding of a free patent. This isintended to benefit those who could notestablish sufficient legal basis for title, buthad occupied the land for the length oftime prescribed by law. This process isavailable only to native-born Filipinos.

d) Voluntary Confirmation - provides an opportunity for those whohave claims to title to present their casevoluntarily before the courts that do notaward the title but, as the name suggests, merely confirms it on the basis of theevidence presented.

e) Compulsory Confirmation - due to the unsuccessful orderly conversionof lands with uncertain status (for variousreasons such as ignorance of the law,costs, etc.) the Cadastral Act was passedin 1913 where the government declaredspecific cities or municipalities to besubject to comprehensive cadastralsurvey. All lands in the local governmentunit were included in the survey and theirclaimants identified, in the process.

5.Land Development and its Regulation

- Housing and Land Use Regulatory Board (EO 648): the national agency that sets policies and standards, reviews local development plans and zoning ordinances, and resolves land use conflicts;

- Local government units (municipalities and cities): prepares local developmentplans, land use plans and zoningordinances, subject toconform with the comprehensive provincialland use plans, except for highly urbanized and independent component cities.

- LGUs are authorized to process and approve subdivision plansfor residential, commercial or industrial, and other development purposes

6. Land Conservation

- Effected through declaration of parks and open spaces, green belts and buffer zones, including preservation of historical and cultural landmarks, with or without improvements;

- Integrated Protected Area System (IPAS): created by the Department of Agriculture to protect prime agricultural lands all over the country from indiscriminate conversion to other uses, ensuring food security and maintaining ecological balance.

LAND MANAGEMENT BUREAU

An agency under the Department of Environment and Natural Resources that absorbed the functions and powers of the Bureau of Lands, except those that are transferred to regional field offices. Itsfunctions are:

WHAT IS URBAN LAND?

Urban lands refer to lands that conform to any of the following criteria:

a. Total population density are any of the following:1. At least 1,000 persons per square kilometer for all cities and municipalities2. More than 500 but less than 1,000 persons per square kilometer for all barangays,

including former poblacions3. At least 1,000 persons per square kilometer in all barangays not included in (1) and (2)

b. Where at least 50% of the economically active population are engaged in non-agricultural activities

WHAT IS URBANIZABLE LAND?

Urbanizable lands refer to sites and land areas which, considering present characteristics and prevailing conditions, display a marked and high probability of becoming urban lands within the period of 5 to10 years.

WHAT IS AN UNREGISTERED OR ABANDONED LAND?

refers to the land in urban and urbanizable areas which are not registered with the Register of Deeds, or with the city or municipal assessor's office concerned, or which are uninhabited by the owner and have not been developed or devoted for any useful purpose, or appears unutilized for a period of 3 consecutive years immediately prior to the issuance and receipt of publication of notice of acquisition by the Government. It does not include land which has been abandoned by reason of force majeure or any other fortuitous event: Provided, That prior to such event, such land was previously used for some useful or economic purpose.

WHAT IS A LAND-USE PLAN?

It is the rational approach of allocating available resources as equitably as possible among competing user groups and for different functions consistent with the development plan of the area and the programs under UDHA.

DEFINITION OF TERMS Affordable cost - the most reasonable price of land and shelter based on the needs and financial

capability of program beneficiaries and appropriate financing schemes.

Areas for priority development - those areas declared as such under existing statutes and pertinent executive issuances (APD).

Blighted lands – areas where the structures are dilapidated, obsolete and unsanitary, tending to depreciate the value of the land and prevent normal development and use of the area.

Consultation – the constitutionally mandated process whereby the public, on their own or through people’s organizations, is provided an opportunity to be 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 feedback mechanisms.

Development Rights–new use rights; the right to use and/or develop land and improvements thereon including putting them to a more intensive use, conversion to a more profitable use, increasing density and the like

Idle lands – non- agricultural lands in urban and urbanized areas, on which no improvements, as herein defined, have been made by the owner, as certified by the city, municipal or provincial assessor.

Improvements – all types of buildings and residential units, walls, fences, structures or constructions of all kinds of a fixed character, or which are adhered to the soil but shall not include trees, plants and growing fruits, and other fixtures that are mere superimpositions on the land, and the value of improvements shall not be less than 50% of the assessed value of the property.

Joint Venture – the commitment or agreement by two or more persons to carry out a specific or single business enterprise for their mutual benefit, for which purpose they combine their funds, land resources, facilities and services.

Land Assembly – the acquisition of lots varying ownership through, among others, expropriation or negotiated purchase, for the purpose of planning and development unrestricted by individual property boundaries; also called consolidation

Land Banking – the acquisition of land in advance of actual need for the purpose of acquiring lands at existing use value and disposing of them in a manner which would influence land price formation and promote planned development.

Land Exchange – the process of bartering land for another piece of land and/or shares of stock of equal value in a government or quasi-government corporation; also called land swapping

On-site development - the process of upgrading and rehabilitating blighted slum urban areas with a view of minimizing displacement of dwellers in said areas, and with provisions for basic services

Professional squatters - individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded homelots or housing units by the Government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates.

Resettlement areas - areas identified by the appropriate national agency or by the local government unit with respect to areas within its jurisdiction, which shall be used for the relocation of the underprivileged and homeless citizens.

Security of tenure - the degree of protection afforded to qualified Program beneficiaries against infringement or unjust, reasonable and arbitrary eviction or disposition, by virtue of the right of ownership, lease agreement, usufruct and other contractual arrangements.

Slum Improvement and Resettlement Program (SIR) - the program of the National Housing Authority of upgrading and improving blighted squatter areas outside of Metro Manila pursuant to existing statutes and pertinent executive issuances.

Small property owners - those whose only real property consists of residential lands not exceeding three hundred square meters (300 sqm.) in highly urbanized cities and eight hundred square meters (800 sqm.) in other urban areas.

Socialized housing - housing programs and projects covering houses and lots or homelots only undertaken by the Government or the private sector for the underprivileged and homeless citizens which shall include sites and services development, long-term financing, liberalized terms on interest payments, and such other benefits

Squatting syndicates - groups of persons engaged in the business of squatter housing for profit or gain.

Tenant – the rightful occupant of land and its structures, but does not include those whose presence on the land is merely tolerated and without the benefit of contract, those who enter the land by force or deceit, or those whose possession is under litigation.

Underprivileged and homeless citizens - the beneficiaries of UDHA and to individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the National Economic and Development Authority and who do not own housing facilities. This shall include those who live in makeshift dwelling units and do not enjoy security of tenure.

Zonal Improvement Program (ZIP)- program of the National Housing Authority of upgrading and improving blighted squatters areas within the cities and municipalities of Metro Manila pursuant to existing statutes and pertinent executive issuances.

PRESIDENTIAL DECREE 1517: SALIENT FEATURES

Also known as the Urban Land Reform Act, whereby, the President of the Philippines is given authority to proclaim specific parcels of urban and urbanizable lands as urban land reform zones.

REPUBLIC ACT 7279: SALIENT FEATURES

Also known as the “Urban Development and Housing Act,” or the LINA LAW Declaration of Policy:

o to provide for a comprehensive and continuing urban development and housing program, establish the mechanism for its implementation, and for other purposes.

Purposes:o Uplift the conditions of the underprivileged and homeless citizens in urban areas and in

resettlement areas by making available to them decent housing at affordable cost, basic services, and employment opportunities

o Provide for an equitable land tenure system that shall guarantee security of tenure to program beneficiaries but shall respect the rights of small property owners and ensure the payment of just compensation

o Encourage more effective people’s participation in the urban development processo Improve the capability of local government units in undertaking urban development and

housing programs and projects

Exemptions:o Those included in the coverage of RA 6657 (CARP) – agricultural lando Those actually used for national defense and security of the Stateo Those use, reserved or otherwise set aside for government infrastructures (national or

local), unless they have not been used for the purpose of which they have been reserved or set aside for the past 10 years

o Those used or set aside for maintenance of ecological balance or environmental protection (parks, reserves for flora and fauna, forests and watersheds)

o Those primarily used for special purposes (religious, charitable, educational purposes, cultural and historical sites, hospitals, health centers, cemeteries, memorial parks)

Land inventory and Acquisition, according to priority:o Government-owned landso Alienable lands of the public domain (agricultural land)o Unregistered or abandoned and idle landso Those within the APDs, ZIPs, SIPs, which have not yet been acquiredo BLISS sites which have not yet been acquiredo Privately- owned lands

Modes of Land Acquisition:o Community mortgageo Land swappingo Land assembly or consolidationo Land bankingo Donation to the governmento Joint venture agreemento Negotiated purchaseo Expropriation – last to resort, when all modes have been exhausted already

Land Disposition Limitation: No land and improvement, and rights attached to them, for socialized housing, shall be sold, alienated, conveyed, encumbered or leased by any beneficiaries; otherwise, the transaction is considered null and void, and the beneficiaries lose their rights to the land, forfeit the total amortization paid, and shall be barred from the benefits under this act for 10 years from the date of violation.

Socialized Housing Eligibility of Beneficiary:o Filipino citizeno Underprivileged and homelesso Does not own any real property whether in urban or rural areaso Is not a professional squatter or a member of squatting syndicates

Private Sector Participationo Developers of proposed subdivision projects are required to develop an area for

socialized housing equivalent to at least 20% of the total subdivision area, or total subdivision project cost, within the same city or municipality

o Incentives:

Reduction and simplification of qualification and accreditation requirements for participating private developers

Creation of one-stop-offices in the different regions of the country for the processing, approval and issuance of clearances, permits and licenses

Simplification of financing procedures Exemption from payment of: project related income taxes, CGT, VAT, transfer

tax, and donor’s tax of raw land and project

REPUBLIC ACT 6657: SALIENT FEATURES

Also known as the “Comprehensive Agrarian Reform Act”

Declaration of Policy: The 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 industrialization, and the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture.

Definitions:o Agrarian Reform – redistribution 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 distribution of land such as production/ profit sharing, labor organization, or distribution of shares of stock.

o Agricultural land – land devoted to agricultural activity as defined in this act and not classified 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 by him, or by another person under a leasehold or share tenancy

o Farmworker – a natural person who renders services for value as an employee or laborer in an agricultural enterprise or farm, regardless of whether his compensation is paid daily, weekly, monthly or pakyaw basis

Valid Transaction of Agricultural Lando When the area consists is 5 hectares or less, the sale requires DAR clearance.

o When the area is five hectares or less but buyer will use the land for non-agricultural purpose, or when the area, consist of more than five hectares regardless of the buyer’s intended utilization, what is required is DAR conversion.

o Sale by agrarian reform beneficiaries (ARBs) – In all cases, lands awarded to ARB’s may only be sold by them after the issuance of DAR clearance, subject to the following policies:

a) Any change from agricultural use shall not be allowed except with the DAR approval under its rules of conversion.

b) The buyer will not exceed the aggregate ownership ceiling of five hectares.

c) If the ARB was Identified as tenant as of October 21, 1972 and amortizations were fully paid, the land may be sold by the original tenant or heirs regardless of the date of issuance of Emancipation Patent.

d) If the land was identified as tenanted after 1972, the sale may be allowed only after ten years from the date of recognition of tenants.

Voluntary Offer To Sello Landowners whose lands subjects for coverage under R.A 6657 may voluntarily offer

their lands for sale to the government. However, lands for which notices of coverage have already been sent by the government and received by the landowner shall no longer be considered as voluntary offered lands.

o The DAR may reject voluntary offer to sell under the following circumstances:

a) The land is not suitable for agriculture or is undeveloped, and has a slope of more than 18%

b) When there are no takers or willing agrarian reform beneficiary for valid reasons, such as peace and order situation in the area.

o Withdrawal of voluntary offer to sell shall no longer be allowed after the letter offer for VOS is received by DAR, except when the landholding is determined by DAR to be more suitable for a townsite, resettlement site or institutional site needed to address a matter of national interest or concern in a calamity situation.

Conversion of Agricultural Land

o Areas Non-Negotiable for Conversion: The following areas shall not be subject to or non-negotiable for conversion:

a) Agricultural lands within protected areas designated under the National Integrated Protected Area System (NIPAS), including watershed and recharged areas for acquifiers, as determined by DENR.

b) All irrigated lands, as delineated by the Department of Agriculture (DA) and/or National Irrigation Administration (NIA), where water is available to support rice and other crop production, and all irrigated lands where water is not available but within areas programmed for irrigation facility rehabilitation by the DAR and / or NIA.

c) All irrigable lands with irrigation facilities operated by private organizations.

o Areas Highly Restricted for Conversion – The following areas shall be classified as highly restricted for conversion:

a) Irrigable lands not covered by irrigation projects with firm funding commitment.b) Agro- industrial croplands, or lands presently planted to industrial crops that

support the economic viability of existing agricultural infrastructure and agro-based enterprises.

c) Highland or areas located in the elevation of 500 meters or above and have the potential for growing semi-temperate and usually high value crops.

d) Environmentally critical areas (ECAs) as determined by the DENR.e) Lands issued with notice of valuation and acquisition, or subject of a perfected

agreement between the landowner and the beneficiaries under voluntary land transfer/direct payment scheme (VLT/DPS) under the Comprehensive Agrarian Reform Program

o Disturbance Compensation:

a) Disturbance compensation in cash or in kind or both shall be paid by the landowner or developer as may be appropriate to tenants, farm workers, or bona fide occupants such amounts or under such terms as may be mutually agreed upon, but which shall not be less than five times preceding calendar years.

b) Compensation in kind may consist of free housing, home lots, employment, and other benefits. The DAR shall approve the terms of any agreement for the disturbance compensation and monitor compliance therewith. In no case shall compliance with the terms of the agreement extend beyond sixty days from the date of approval of conversion application.

c) In case of disagreement between the parties on the disturbance compensation, the issue may be brought by either of them before the DAR Adjudication board.

o Officials authorized Approved/Disapprove Conversion:

a) The DAR Regional Director for areas of not more than five hectares.b) The duly authorized DAR Undersecretary for areas above five hectares but not

more than fifty hectares.c) The DAR Secretary for areas of more than fifty hectares, except for those highly

restricted from conversion, which shall be subject to his approval regardless of the area.

REPUBLIC ACT 9700

Known as CARPER, extension of CARP

REPUBLIC ACT No. 10023

AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTAL LANDS Section 1.Qualifications. - Any Filipino citizen who is an actual occupant of a residential land

may apply for a Free Patent Title under this Act: Provided; That in highly urbanized cities, the land should not exceed two hundred (200) square meters; in other cities, it should not exceed five hundred (500) square meters; in first class and second class municipalities, it should not exceed seven hundred fifty (750) square meters; and in all other municipalities, it should not exceed one thousand (1,000) square meters; Provided, further, That the land applied for is not needed for public service and/or public use.

Section 2.Coverage. –

o This Act shall cover all lands that are zoned as residential areas, including townsites as defined under the Public Land Act; Provided,That none of the provisions of Presidential Decree No. 705 shall be violated.

o Zoned residential areas located inside a delisted military reservation or abandoned military camp, and those of local government units (LGUs) or townsites which preceded Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) law, shall also be covered by this Act.

Section 6.Period for Application. - All applications shall be filed immediately after the effectivity of this Act before the Community Environment and Natural Resources Office (CENRO) of the DENR. The CENRO is mandated to process the application within one hundred and twenty (120) days to include compliance with the required notices and other legal requirements, and forward this recommendation to the Provincial Environment and Natural Resources Office (PENRO), who shall have five (5) days to approve or disapprove the patent. In case of approval, patent shall be issued; in case of conflicting claims among different claimants, the parties may seek the proper judicial remedies.

REAL ESTATE LAWS AND REFERENCES

On Real Estate Practice o RA 9646 - Real estate service act of the Philippines ( July 30, 2009)o PD 957 – The Subdivision and Condominium Buyers Protective Decree(July 12, 1976)

Sec. 17 – Registration of sale (whether full or partial) shall be registered by the seller at the Register of Deeds

Sec. 25 – issuance of title: developer must deliver the title 6 months from full payment

Sec. 30 – organization of Homeowner’s Association, initiated by owner or developer

RA 7160 – Local Government Code of 1991 RA 8424 – Tax Reform Act of 1997

Agrarian Reformo PD 27 - Tenants Emancipation Decree ( for rice and corn)o RA 3844 - Code of Agrarian Reformo RA 6657 - Comprehensive Agrarian Reform Law amending RA3844 (June15, 1988)o RA 9700 – Act extending RA 6657o DAR Adm. Order No. 12 ( Oct. 24, 1994)

Guidelines on conversion of agricultural land to non-agricultural uses

RA 9225 - Dual citizenship law RA 9189 - The Overseas Absentee Voting Act of 2003 RA10023 - New Residential Free Patent Law ( covers only 200, 500, 750 & 1000sqm.)

Consulta Nos. 3543 and 3554o Issued by BenedictoUlep of LRA stating that waiver of foreign husband married to

Filipina is no longer a requirement in the registration of sale – March 12, 2003

On Land Reformo PD1517 - Proclaiming Urban Land Reform in the Phils. (June 11, 1978)o RA 7279 - Urban Development and Housing Act: the law that favors the urban poor

(March 24, 1992)o PD 2016 - Prohibiting the eviction of occupant of families from lands identified and

proclaimed as APDs or ULRZs and exempting such land from payment of realty tax (January 23, 1986)

o Proclamation No. 1893 – declaring Metro Manila as ULRZ (Sept. 11, 1979)o Proclamation No. 1967 – declaring 244 APDs and ULRZs in Metro Manila

Buyer’s Protection and Benefito RA 6552 – Maceda Law ( August 26, 1972)o PD 957 – The Subdivision and Condominium Buyers Protective Decree(July 12, 1976)o PD 1216 - Defining “open space” in residential subdivision (Oct. 14, 1977)o BP 220 – An act authorizing the Ministry of Human Settlements (now HLURB) to

establish and promulgate different levels of standards for economic and socialized housing

o PD 1096 – National Building Codeo PD 1185 - Fire Codeo RA 4726 – Condominium Law ( June 18, 1968)o RA 7899 (1995) – amended Sec 4 & 16 of RA 4726 (HLURB authorized to approve any

amendment/revocation of the master deed with consent of simple majority)o EO 648 - HLURB assumed the functions of NHA on real estate management (1981)o EO 90 – National Shelter Program, designated HLURB as the sole regulatory body of

housing and land developmento RA 8763 - Home Guaranty Corporation Act of 2000o RA 8974 – Expropriation Law

On Realty Investmentso PD 471 – fixing a maximum period for the duration of leases of private lands to aliens

which 25 years renewable for another 25 years (May 24, 1974)o RA 7652 – allowing long term lease of private lands by foreign investors that is 50 years

renewable once for 25 more years

On Rentals of Residential Propertieso RA 9653 - Rent Control Law of 2009 extended up to 2015 by HUDCC

On Land Registrationo Act 496 – The Land Registration Act ( Nov. 6, 1902)

o RA 26 - An act providing a special procedure for the reconstitution of Torrens title lost or destroyed ( September 25, 1946)

o PD 1529 – The Property Registration Decree (June 11, 1978)o RA 6732 – An act allowing administrative reconstitution of original copies of certificate

of titles lost or destroyed due to fire, flood and other force majeure (June 8, 1989)

On Spanish Land Titleso PD 892 – discontinuance of the Spanish Mortgage Law system of registration and of the

use of Spanish titles in land registration proceedings. Spanish titles must be registered within 6 months or up to August 16, 1976 or titles cannot anymore be used as evidence of ownership ( February 16, 1976).

On Squattingo PD 772 - Anti Squatting Law ( August 20, 1975)o RA 7279 - UDHA – Urban Development and Housing Act

Law on professional squatters and squatting syndicate

On Rights of Balikbayans or Natural-Born Filipino citizenso BP 185 o RA 8179

On Extra-judicial Settlement of Estateo Sec. 1 Rule 74 : Revised Rules of Court

If the decedent left no will and no debts, the heirs are all of age, they may divide the estate among themselves through a public document (extra-judicial settlement of estate) or if there is only one heir, affidavit of self-adjudication

EO 209 - Family Code RA 9255 – an act allowing illegitimate children to use the surname of their father (Feb. 24, 2004) RA 9858 – an act providing the legitimization of children born to parents below marrying age

(Art. 177 of Family Code) RA 6809 – age of majority commences at 18 years as incorporated under Art. 234 of the Family

Code (EO 209). Dec. 13, 1989

On Land Use Planning

o EO 72 – Providing for the preparation and implementation of the comprehensive land use

plan by the local government unito MC 54 – preserving the guidelines of RA 7160 authorizing cities and municipalities to

non-agricultural useo EO 124 – establishing priorities and procedures in evaluating areas for land conversiono Art. 1643 - No lease for more than 99 years shall be valido Art. 1106 - Acquisition of land by prescriptiono Art. 1403 - Statute of fraudso Art. 476 - Quieting of titleo Art. 649 - Easement of right of way; a person is entitled to demand a right of way

through the neighbouring estates after payment of just compensation

On Ecology:

o PD 1586 – establishment of an Environmental Impact Statement System (EISS); 1978o Proclamation No. 2146 – year 1981; proclaiming certain areas and types of projects as

environmentally critical and within the scope of the requirements of PD 1586

New Civil Code as reference :

o Art. 429 - Doctrine of self-helf (the right to exclude any person)o Art. 438 - Hidden treasureso Art. 2132 - Antichresis

DEFINITION OF TERMSSource : BLGF - MANUAL ON REAL PROPERTY APPRAISAL AND ASSESSMENT OPERATIONS

1. Abstraction Method – method of land valuation in the absence of vacant land sales, whereby improvement values obtained from cost model are subtracted from sales prices of improved parcels to yield residual land value estimates;

2. Acquisition Cost – for newly-acquired 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. The cost may also include freight and insurance charges, brokerage, customs duties and taxes;

3. Actual Use – refers to the purpose for which the property is principally or predominantly utilized by the person in possession thereof;

4. Actually, Directly and Exclusively Used – Actually used is defined as an act or fact in reality; “Actual is something real or actually existing

as opposed to something merely possible, or to something which is presumptive or constructive. Directly used is defined as that use without anything intervening proximately or without an

intervening agency or person. Exclusively used 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. To illustrate, the primary use of a building may be for charitable or religious or educational purpose. The exemption is not wholly or partly lost because on occasion, the building or part of it is used for social purposes or let out to others for entertainment;

5. Ad Valorem Tax – is a levy on real property determined on the basis of a fixed proportion of the value of the property;

6. Agricultural Land – is land devoted principally to planting of trees, raising of crops, livestock and poultry, dairying, salt making, inland fishing and similar aqua cultural activities, and other agricultural activities, and is not classified as mineral, timberland, residential, commercial or industrial land;

7. Appraisal – is the act or process of determining the value of a property as of a specific date for a specific purpose. It may also be defined as the act of estimating the value of a property. It is an estimate or opinion of value, usually market value or value as defined by the appraiser. It is made as of a specific date and is a conclusion which results from a logical and orderly analysis of facts.

8. Appraiser/Assessor – one who conducts appraisals; specifically, one who possesses the necessary qualifications, ability and experience to execute or direct the appraisal of real or personal property;

9. Arm‟s Length Transaction – a transaction freely arrived at in the open market, unaffected by abnormal pressure or by the absence of normal competitive negotiation as might be true in the case of a transaction between related parties;

10. Assessment – is the act or process of determining the value of a property or proportion thereof subject to tax, including the discovery, listing, classification and appraisal of properties;

11. Assessment Level - is the percentage applied to the market value to determine the taxable value of the property;

12. Assessment Operations – is a means of assigning on every parcel of land and upon all taxable improvements on such lands, a current and fair market value, an assessment level to be able to arrive at an assessed value for each land and each improvement;

13. Assessed Value – is the market value of the property multiplied by the assessment level. It is synonymous to taxable value;

14. Benchmark – is a reference point from which the value of other similar properties is measured. To be consistent in determining the quality level of construction, quality class benchmarks for class, age and type of structure shall be established.

15. Buildings – are permanent structures adhered to the land usually used for habitation , commercial and industrial purposes and for other various uses and not mere superimpositions on the land like a “barong barong” or quonset fixtures;

16. Bundle of Rights – is the combination 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;

17. Capitalization – is the process of converting into present value (or obtaining the present worth of) a series of anticipated future periodic installment of net income;

18. Carport – an open-sided roofed automobile shelter that is usually formed by an extension of the roof from the side of a building;

19. Cemetery – an “area or place where the dead are buried, a place of burial set apart either by 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 acquired for but not yet actually used for the burial of the dead;

20. Charitable Institutions – refer to any body of persons or trust established for charitable purposes such as (1) relief of poverty; (2) advancement of education; (3) advancement of religion; and (4) other purposes of a charitable nature beneficial to the community. The word charitable in a legal sense includes every gift for a general public use, to be applied consistent with existing laws, for benefit of an indefinite number of persons, and designed to benefit them from an educational, religious, moral, physical or social standpoint;

21. Church – is a building set apart for public worship; a place of worship of any religion;

22. Commercial Property – is property devoted principally for the object of profit and is not classified as agricultural, industrial, mineral, timberland, or residential property;

23. Comprehensive Land Use Plan - refers to a document accompanied by maps and all the taxable improvements on such lands, a current and fair market value, and assessment level to be able to arrive at an assessed value for each land and each improvement.

24. Consequential Benefits - the increase in the value of the other interests of the property owner that can be attributed to the new use to which his former property will be put by the expropriating authority.

25. Consequential Damages – damages to other interests of the owner that can be attributed to the expropriation;

26. Convent – a building including the land it actually occupies and the adjacent ground or vegetable garden for the use of the parish priest in the ordinary life. It is also defined as a “monastery or nunnery.

27. Cooperative - is a duly registered association of persons with a common bond of interest, who have voluntarily joined together to achieve a lawful common or social economic end, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in accordance with universally accepted cooperative principles;

28. Cost – is the amount of money necessary to produce, create or manufacture an item of property;

29. Cost Approach – is also known as replacement or reproduction cost less depreciation. Under this approach to value, the land is appraised as vacant. The land value is then added to the depreciated cost of the improvements to arrive at an indication of value. It is based on the “Theory of Substitution”.

30. Data Computerization – encompasses all activities leading to the establishment and operationalization of a computer-assisted data base for Real Property Tax Administration (RPTA) among which includes the familiarization/training of key personnel, encoding and validation of data acquisition and installation of standard RPTA system, generation of reports and preparation of complementary manual of procedures.

31. Depreciation – is a loss in value brought about by physical deterioration and/or obsolescence;

32. Depreciated Value – is the value remaining after deducting depreciation from the acquisition cost;

33. Economic Life – is the estimated period over which it is anticipated that a machinery may be profitably utilized;

34. Fair Market Value/Market Value – is the price at which a property may be sold by a seller who is not compelled to sell and bought by a buyer who is not compelled to buy; Market Value is the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in arm‟s length transaction (a transaction between independent, unrelated parties involving no irregularity) after proper marketing wherein the parties had each acted knowledgeably, prudently, and without compulsion;

35. Foreshore Land – a strip of land along the seashore, the use of which may or may not be granted by the government to private persons or corporations;

36. Garage – a building or compartment of a building used for housing an automotive vehicle;

37. Going Concern Value – value in use;

38. Highest and Best Use – the most probable use of a property which is physically possible, appropriately justified, legally permissible, financially feasible and which results in the highest value of the property being valued;

39. Horticultural Land – is land devoted to or cultivated for planting of vegetables, flowers and other ornamental plants;

40. Improvement - is a valuable 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 labor, intended to enhance its value, beauty or utility or to adapt it for new or further purposes;

41. Income Approach – an appraisal technique used to estimate the market value of a property on the basis of the income it produces or is capable of producing. The value is estimated by capitalizing the estimated future income, either gross or net. This approach is based on the theory that a property is worth what it will earn. Value is the present worth of future benefits arising from the ownership;

42. Industrial Land – is land devoted principally to industrial activity as capital investment and is not classified as agricultural, commercial, timber, mineral or residential land;

43. Information and Education Campaign (IEC) – is the RPTA Information kit for the use of LGU officials, assessors and treasurers in the RPTA Project;

44. Just Compensation – described as the just and complete equivalent of the loss which the owner of the thing expropriated has to suffer by reason of the expropriation;

45. Land Use – refers to the manner of utilization of land, including its allocation, development and management;

46. Land Use Conversion - refers to the act or process of changing the current use of a piece of agricultural land into some other uses as approved by the Department of Agrarian Reform (DAR);

47. Machinery – embraces machines, equipment, mechanical contrivances, instruments, appliances or apparatus which may or may not be attached, permanently or temporarily to the real property. It

includes the physical facilities for production, the installations and appurtenant service facilities, those which are mobile, 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, business or activity and which by 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;

48. Mangrove Land – is a term applied to the type of forest occurring on tidal flat along the seacoast, extending along stream where the water is brackish;

49. Marsh Land – a tract of low-lying land usually under water;

50. Market Data Approach – is also known as the Comparative Approach. Traditionally, an appraisal procedure in which the market value estimate is predicated upon prices paid in actual market transactions and current listings. It is a process of analyzing sales of similar recently sold properties in order to derive an indication of the most probable sale prices of the property being appraised. The reliability of this technique is dependent upon: a) the availability of comparable sales data; b) the verification of the sales data; c) the degree of comparability or extent of adjustment necessary for time differences; and d) the absence of non-typical conditions affecting the sales price;

51. Market Value – is the price agreed upon by the buyer and seller in the open market in the usual and ordinary course of legal trade and competition; the price and value of the article established or shown by sale, public or private, in the ordinary way of business; the fair value of property is between one who desires to purchase and one who desires to sell; the current price; the general or ordinary price for which property may be sold in that locality.

52. Mass Appraisal – 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;

53. Memorial Parks – are lands exclusively used as burial ground and developed for profit;

54. Mineral Lands – are lands in which minerals, metallic or non-metallic, exist in sufficient quantity or grade to justify the necessary expenditures to extract and utilize such materials;

55. Mosque – is an Islamic place of public religious worship;

56. National Integrated Protected Areas Systems (NIPAS) – is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support system, to preserve genetic diversity, to ensure sustainable use of resources of forest therein, and to maintain their natural condition to the extent possible;

57. Non-Profit Cemetery – is a cemetery owned and operated by the government, by religious corporations, by associations and societies exclusively for its members and not for profit;In the case of a cemetery or a memorial park which is privately owned, developed and operated for profit put, such shall be classified as commercial. However, lots/plots already in the name of the buyer

and/or already actually used as burial grounds shall likewise be assessed and classified as commercial but considered exempt;

58. Orchard – is land specifically devoted to various fruit trees and plants;

59. Parsonage – is ministerial residence used in connection with any place of worship of any denomination. It shall include the house appurtenant to a cathedral, to a synagogue, or to a country-meeting house;\

60. Public Use - means public usefulness, utility, or advantage, or what is productive of general benefit, so that any appropriating of private property by the State under its right of eminent domain, for purposes of great advantage to the community, is a taking for public use.

61. Real Estate – the physical land and all those items, which are attached to the land. It is the physical, tangible entity which can be seen and touched, together with all the additions on, above, or below the ground;

62. Real Property – includes all the rights, interests, and benefits related to the ownership of real estate. Ownership of real estate is evidenced by a Certificate of Title, Free Patent or Tax Declaration in the absence of Certificate of Title;

63. Real Property Tax Collection Operations - involves collection of all real property taxes and penalties due and payable to the local government unit (LGU) through the positive and total enforcement of tax laws and their penal provisions.

64. 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;

65. Records Conversion and Management – is the establishment and maintenance of permanent official records and files in the office of the Provincial, City or Municipal Assessor so that an updated and regular listing of all properties is readily available. It also serves as a basis for a more accurate collection of real property tax and establishes the important link between assessment and tax collection operations.

66. Reclassification of Agricultural Lands – refers to the act of specifying how agricultural lands shall be utilized for non-agricultural uses such as residential, commercial or industrial, as embodied in the land use plan, subject to the requirements and procedures for land use conversion. It also includes the reversion of non-agricultural lands to agricultural use.

67. Religious Purpose – means a use of such property by a religious society or body of persons as a stated place for public worship, Sunday schools and religious instructions;

68. Remaining Value – is the value corresponding to the remaining useful life of the machinery;

69. Replacement Cost – is the cost of constructing a similar property which is equally desirable and has the same utility as the one under appraisal;

70. Reproduction Cost – is the cost of constructing an exact replica of the building being appraised based on current prices of labor and materials and contractor‟s practices;

71. Residential Land – is land principally devoted to habitation;

72. Residential Machinery – are those machines, equipment, appliances or apparatus permanently attached to residential land and/or buildings;

73. Seminary Building – used by religious organization as a place for public worship and the education for men for priesthood which mainly involves religious instructions, is deemed considered used for religious purposes. Moreover, a seminary is defined as a place or school where persons are instructed in theology, such as the study for priesthood.

74. Special Classes of Real Property – all lands, buildings, and other improvements thereon actually, directly and exclusively used for hospitals, cultural, or scientific purposes, and those owned and used by local water districts, and government owned or controlled corporations rendering essential public services in the supply and distribution of water and/or generation and transmission of electric power shall be classified as special;

75. Special Economic Zones – refers to selected areas which have the potential to be developed into agro-industrial, industrial, tourist/recreational, commercial, banking, investment and financial centers. An ecozone may contain any or all of the following: industrial estates, export processing zones, free trade zones, and tourist recreational centers;

76. Special Purpose Properties – are properties, which are designed, constructed and developed for a specific use or purpose. By its very nature, this type of property is rarely offered 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 feasible;

77. Socialized Housing - refers to housing programs and projects covering houses and lots or home lots only undertaken by the government or the private sector for the underprivileged and homeless citizens which shall include sites and service developments, long-term financing, liberalized terms on interest payments, and such other benefits in accordance with R. A. 7279

78. Tax Map – is a graphic representation of a portion of the earth‟s surface drawn to scale on standard size drawing material, having property lines and jurisdictional boundaries delineated showing all parcels of real property and identifying each separate real property ownership by a unique number. A tax map is also referred to as Property Identification Map;

79. Tax Mapping – is a highly accurate method of field operations for identifying real property units, defining property boundaries, determining actual use, and discovering undeclared properties for taxation purposes.

80. Timberland – is land identified as forest or reserved area by the government, which may or may not be granted to a concessionaire, licensee, lessee or permitee;

81. Tourism Development Areas – refer to specific sites for tourism development located in areas identified as priorities in the national and regional tourism master plans, as well as those designated

through legislation and executive issuances as tourist zones which can be developed into tourism estates or integrated resort, leisure and recreation complexes, and other tourism-related facilities;

82. Useful Life – is the period of time over which the property may reasonably be expected to perform the function for which it was designed or intended;

83. Utility – in general economic theory, is the capacity of an economic good to satisfy human desires or needs;

84. Valuation, Date of – the date the conclusion or opinion rendered in an appraisal is applicable and valid. The date of appraisal identifies the market conditions that existed when the appraisal was made;

85. Value – the relationship between a thing desired and a potential purchaser. It also refers to the present worth of future benefits arising out of ownership of property; a value exists when an item of property has utility, is relatively scarce, arouses the desire of potential buyer to buy and is backed by the purchasing power;

86. Watershed – refers to a catchments area or drainage basin from which the water of a stream or stream system is drawn;

87. Zoning – is the delineation/division of a city/municipality into functional zones where only specific land uses are allowed. It directs and regulates the use of all lands in the community in accordance with an approved or adopted land use plan for the city/municipality. It prescribes setback provisions, minimum lot sizes, building heights and bulk;

88. Zoning Ordinance – refers to a local legislation approving the development control/zoning plan and providing for the regulations and other conditions on the uses of land.