Real Estate Practitioner Reviewer

In projects covered by PD 957, the advertisement should not include any future development that is not covered by the license to sell. This means that the advertisement should only focus on the current and approved development plans and should not make any promises or representations about future expansions or additions to the project. Including such information could mislead potential buyers and violate the regulations set forth in PD 957.

A socialized housing project refers to a program or initiative undertaken by either the government or the private sector to provide affordable housing solutions for underprivileged and homeless citizens. These projects specifically focus on providing houses or lots to individuals or families who are unable to afford decent housing on their own. The goal of socialized housing projects is to address the housing needs of the less fortunate and ensure that everyone has access to safe and affordable housing options.

The correct answer is b. Condominium project. According to the IRR of PD 957, the term "Condominium Project" refers to the entire parcel of real property divided or to be divided in condominium, including all structures thereon. This means that it includes not only the individual units but also any buildings or structures that are part of the condominium development.

Under the IRR of PD 957, a dwelling unit that is completely surrounded by yards is defined as a single detached unit. This means that the unit is not connected to any other units and stands alone on its own lot, with yards or open spaces surrounding it on all sides. It is separate and independent from any neighboring units, providing privacy and a sense of exclusivity to the occupants. This type of housing is typically more spacious and offers more freedom in terms of design and layout compared to other types of housing units.

If someone is unable to find or locate their copy of the owner's duplicate certificate of title, they must file an Affidavit of Loss with the register of deeds. This affidavit serves as a legal document stating that the certificate of title has been lost and cannot be found. It is a formal declaration of the loss and helps to initiate the process of obtaining a new copy or resolving any issues related to the lost certificate. The other options listed, such as Affidavit of Recovery, Sworn Statement of Ownership, and Sworn Statement of Loss of Original Copy, are not applicable in this situation.

The correct answer is c. Zoning Ordinance. A zoning ordinance is a locally enacted legislation that includes regulations for land use. It encompasses various aspects such as determining which uses are allowed or disallowed in specific zones or districts, setting conditions for allowing those uses, outlining procedures for processing clearance requests, and establishing penalties for violating any of the provisions. This ordinance helps to regulate and control the development and use of land within a particular jurisdiction.

A real estate dealer is a person who is directly engaged in the business of buying, selling, or exchanging real estate. This can be their full-time or part-time occupation. They are actively involved in the transactions and act as intermediaries between buyers and sellers. They may also provide services such as property valuation and market analysis. Unlike real estate developers who focus on constructing and developing properties, real estate dealers primarily deal with the buying and selling aspect of the business.

The correct answer is b. Areas identified as central business districts. The other options all describe areas that are considered environmentally critical. Areas declared by laws as national parks and watershed reserves are protected areas that are essential for conserving biodiversity and maintaining water resources. Areas that are habitats of endangered or threatened species of indigenous Philippine plants are important for preserving the country's unique flora and fauna. Areas of unique historic, archaeological, or scientific interest are valuable for their cultural and scientific significance. In contrast, central business districts are primarily commercial areas and do not have the same level of environmental importance.

The correct answer is b. Condominium Certificate of Title. A condominium certificate of title serves as evidence or proof of one's ownership of an office condominium unit. It is a legal document that confirms the individual's rights and ownership over the specific unit within a condominium development. This certificate provides information about the unit, such as its location, boundaries, and any encumbrances or liens on the property. It is an essential document for establishing ownership and conducting any transactions related to the office condominium unit.

The sale or transfer of a subdivision lot by the original purchaser and any subsequent sale of the same lot is exempted from obtaining a certificate of registration and license to sell from HLURB. This means that if the original purchaser of a subdivision lot decides to sell it, they do not need to go through the process of obtaining a certificate of registration and license to sell from HLURB. Additionally, any subsequent sale of the same lot by subsequent buyers is also exempted from this requirement. This exemption likely exists to simplify the process for individuals who wish to sell their own subdivision lots without the need for additional paperwork and permits.

To register a voluntary instrument, such as a contract to lease, with the Register of Deeds, the document must be duly notarized. This means that the document must be signed in the presence of a notary public, who will verify the identities of the parties involved and ensure that they are signing the document willingly and with full understanding of its contents. Notarization adds a level of authenticity and legal validity to the document, making it eligible for registration with the Register of Deeds.

The correct answer is c. Land Registration Authority. The Land Registration Authority is responsible for the administration and implementation of land registration laws in the Philippines. The Register of Deeds, as a part of the Land Registration Authority, is responsible for maintaining and preserving land records, titles, and documents related to land ownership and transactions. They ensure the accuracy and integrity of land registration processes and provide public access to land records.

In case of a foreclosed property where the owner is able to redeem the property within the period of redemption, they must present a Certificate of Redemption to The Registry of Deeds. This document serves as proof that the owner has successfully redeemed the property by paying off the outstanding debt or fulfilling the necessary requirements. It confirms that the property is no longer subject to foreclosure and has been returned to the owner's possession.

According to PD 957, a building or group of buildings used for office, businesses, professional services, and other commercial enterprise organized, owned, and maintained as a condominium is defined as a "Commercial Condominium." This means that the correct answer is b. Commercial Condominium.

A corner lot refers to a piece of land that is located at the intersection of two or more streets. This type of lot is typically desirable because it offers more visibility and access from multiple directions, making it an ideal location for commercial or residential purposes. The term "corner lot" accurately describes the specific location and layout of this type of property.

The given correct answer is c. Condominium unit. A condominium unit refers to a specific portion of a condominium project that is individually owned and can be used independently. It includes the interior space of the floor, ceiling, walls, and exterior doors and windows. This means that the owner of a condominium unit has exclusive ownership and control over their individual living space within the larger condominium project.

The correct answer is b. Master Deed. The Master Deed is the enabling act of any condominium project as it establishes the legal framework for the condominium to exist and governs its existence. It contains important information such as the boundaries of individual units, common areas, and the rights and responsibilities of unit owners. It also includes provisions for the establishment of a condominium association and the rules and regulations that govern the use and maintenance of the property.

A conditional sale refers to a type of agreement known as a "Contract to Sell." In this type of contract, the seller agrees to transfer ownership of a property or asset to the buyer upon the fulfillment of certain conditions, such as the payment of the full purchase price. Until the conditions are met, the seller retains legal ownership of the property. This is different from a Deed of Sale, which is a document used to transfer ownership immediately upon execution. A Reservation Agreement is a preliminary agreement to reserve a property for a buyer, and a Pacto de Retro Sale is a type of sale with a right of repurchase.

If TCT (Transfer Certificate of Title) has an annotation that says "subject to Rule 74, Section 4 of the Rules of Court," it means that the property is part of an inherited estate. In this case, any heir who has been unjustly deprived of their lawful share in the estate has a period of two (2) years to assert their right over the said property. This means that within two years from the time they were deprived, the heir can take legal action to claim their rightful share in the inherited property.

The correct answer is a. Cease and desist order. A cease and desist order is issued when it is found that a person is engaged or about to engage in an act or practice that violates the provisions of PD 957. This order is issued after due notice and hearing and is meant to stop the person from continuing with the prohibited act or practice. It is a legal tool used to enforce compliance with the provisions of PD 957 and protect the rights and interests of the parties involved.

Under the IRR of PD 957, a structure designed or used as a residence is referred to as a dwelling unit. This term specifically refers to a place where people live and can include houses, apartments, or any other type of residential structure. The term "dwelling unit" is commonly used in housing regulations and laws to define the specific type of structure that is intended for residential purposes.

The Maceda Law is a law in the Philippines that provides protection to buyers of real estate properties on installment payments. It specifically covers residential condominium units, residential lots, and non-subdivision residential lots. However, it does not cover commercial lots. This means that the rights and protections provided by the Maceda Law do not extend to buyers of commercial lots.

A condominium unit refers to a specific part of a condominium project that is intended for independent use or ownership. It can include one or more rooms or spaces located in one or more floors or parts of buildings, along with any accessories that may be attached to it. Common areas are shared spaces within the condominium project that are accessible to all residents. Undivided areas are parts of the project that are not divided into individual units. Condominium facilities refer to the amenities and services provided within the condominium project.

The correct answer is d. Purchase of Government Treasury bonds. This option does not directly comply with Section 18 of RA 7279, which pertains to the provision of socialized housing. The other options, such as the development of new settlements, participation in the Community Mortgage Program, and slum upgrading, are all methods that contribute to the creation or improvement of socialized housing.

Real estate brokers or salesmen are required to register themselves with the HLURB (Housing and Land Use Regulatory Board) in order to engage in the business of selling subdivision lots or condominium units. This registration ensures that they meet the necessary qualifications and standards set by the HLURB to protect the interests of buyers and maintain the integrity of the real estate industry. The HLURB is responsible for regulating and supervising the development, sale, and management of subdivision lots and condominium units in the Philippines.

A through lot is a lot that is bounded on two opposite sides by roads, allowing for access from both sides. This means that there are roads on both the front and back of the lot, providing multiple points of entry and exit. This type of lot is different from a corner lot, which is bounded on two sides by roads that meet at a right angle, and from an interior lot, which is surrounded by other lots on all sides. A cul de sac lot, on the other hand, is located at the end of a dead-end street.

The correct answer is d. Deed of Absolute Sale. This is because the question asks for the exception, and the other options (a, b, and c) are common annotations that can appear in a title. A deed of absolute sale is a legal document that transfers ownership of a property from the seller to the buyer, but it is not typically annotated in the title.

If the buyer discovers that the actual size of the land is larger than what was initially stated, they have the right to not pay any additional amount. This means that they do not have to increase the price that was agreed upon for the purchase of the land.

A block is a parcel of land that is bounded on the sides by streets, alleys, pathways, or other natural or man-made features, and is intended for buildings. This means that a block is a specific area within a larger subdivision or development plan where buildings can be constructed. It is a defined space that is separate from open spaces or individual subdivision lots.

Zoning is the division of the community into functional zones based on the present and potential uses of properties. It is a method used to regulate the use and growth of properties in accordance with the comprehensive development plan of the town/city. Zoning helps to ensure that different areas of the community are used appropriately, such as residential areas, commercial areas, and industrial areas. It helps to maintain order and balance in the community by separating incompatible land uses and promoting efficient land use planning. Therefore, the correct answer is b. Zoning.

A complex subdivision plan refers to a registered land that includes the delineation of streets, passageways, or open spaces on the plan. This indicates that the subdivision involves more intricate design and layout compared to a simple or complicated subdivision plan. It suggests that there may be multiple interconnected streets or a larger number of open spaces within the subdivision. The term "complex" implies a higher level of detail and organization in the subdivision plan.

According to the Maceda Law, if a buyer of a residential condominium has paid a total of 96 monthly installments, they will be entitled to a grace period of 8 months in case of failure to pay installments. This means that if the buyer is unable to make payments, they will have 8 months before any legal action can be taken against them.

Dwelling units containing 3 or more living units designed in such a way that they are separated from each other by a firewall and each unit is provided with independent access are referred to as rowhouses. This means that each unit in a rowhouse has its own separate entrance and is separated from the neighboring units by a firewall, ensuring privacy and safety for each unit. Rowhouses are typically attached or semi-detached units that share a common wall with the neighboring units.

The correct answer is b. Subdivision and Condominium Buyers Protective Decree. This law is specifically designed to protect buyers of condominium units. It provides certain rights and safeguards for buyers, such as the right to full disclosure of all relevant information about the condominium project, the right to a written contract, and the right to a warranty against hidden defects. This law aims to ensure that buyers are well-informed and protected throughout the process of purchasing a condominium unit.

The correct answer is b. To pay thereof a price certain in money or its equivalent. In a contract of sale, one party agrees to transfer ownership and deliver a specific item, while the other party agrees to pay a specified amount of money or its equivalent as the price for the item. This is a fundamental aspect of a sale agreement, as it establishes the consideration that the buyer must provide in exchange for the transfer of ownership.

A locational clearance is a written authorization or permit that allows for the development, use, or construction of a parcel of land in specific areas. This permit is based on an approved land use plan or zoning ordinance. If there is no zoning ordinance in place, the permit will be granted based on the planning standards and guidelines of the Housing and Land Use Regulatory Board (HLURB). Therefore, a locational clearance is the correct answer as it aligns with the given description.

The correct answer is c. Primary Entry Book. The Register of Deeds is responsible for recording all instruments related to registered land, including copies of writs and processes. The Primary Entry Book is the appropriate record for these entries, as it is specifically designed to document the reception of such instruments in the order they are received. The other options, such as the Register of Deeds Log Book and Records Book, may be used for other purposes but are not the correct choice for recording these specific instruments.

The correct answer is b. Property Registration Decree. This law in the Philippines governs the registration of property and dealings with land covered by titles. The term "decree" suggests that it is a formal and authoritative legal document issued by the government. "Property Registration" accurately describes the purpose of the law, which is to regulate the registration process for properties and land titles.

In order for a buyer of two or more properties to be entitled to the property under the law, they must be in good faith. This means that the buyer must have honest intentions and believe that they are legally entitled to the property. Being in good faith is an important condition as it ensures that the buyer is not acting fraudulently or deceitfully in acquiring the property. It also helps to protect the rights of other potential buyers and promotes fairness in property transactions.

The correct answer is a. Common areas. This means that the entire project, excluding any units that have been separately granted, held, or reserved, refers to the common areas of the project. These common areas are shared spaces that are accessible to all residents or property owners within the project.

To transfer the title in the name of the buyer, several documents need to be presented to the Register of Deeds. These include a Certificate Authorizing Registration, Transfer Tax Payment and Clearance, and a Certified true copy of tax declaration of the land. However, the original copy of the title is not required to be presented.

To register a sale with the Register of Deeds, the buyer must present certain documents. These documents include a Certificate Authorizing Registration, the original owner's duplicate certificate of title, and Transfer Tax Payment and Clearance. However, proof of payment to the seller is not required to register the sale. This may be because the Register of Deeds is primarily concerned with the legal transfer of ownership and the payment between the buyer and seller is a separate matter.

The correct answer is b. General common area. General common areas in a condominium project are those that are not designated for the exclusive use of any specific owner or group of owners. These areas are shared by all owners and typically include things like hallways, lobbies, parking lots, and recreational facilities.

Private Farm Estates require a certificate of registration and a license to sell from the HLURB. This is because private farm estates involve the sale of agricultural lands for residential or commercial purposes. The HLURB ensures that these projects comply with regulations regarding land use, zoning, and environmental impact. By requiring a certificate of registration and a license to sell, the HLURB can monitor and regulate the development and sale of private farm estates to protect the rights and interests of buyers and the community.

Limited common areas are areas within a property that are allocated for the exclusive use of one or a group of unit owners. These areas are different from general common areas, which are shared by all unit owners. Limited common areas may include parking spaces, balconies, or storage units that are designated for specific unit owners. This distinction allows for the fair and exclusive use of certain amenities or spaces by specific unit owners, while still maintaining the overall shared ownership and responsibility of the property.

Upon completion of the publication requirement, the subdivison project or the condominium project will be considered registered. The developer will then be issued a Registration Certificate, which signifies that the project has met all the necessary requirements and is legally authorized to proceed. This certificate serves as proof of registration and ensures that the project is compliant with all applicable regulations and laws.

The correct answer is b. Lot and vicinity map. Lot and vicinity maps are not typically considered legal documents in the sale of real estate. Certified true copies of the title, deed of absolute sale, and certificate authorizing registration on the sale are all important legal documents that are open to the public and can be obtained from the Register of Deeds. These documents provide proof of ownership and details of the transaction. However, lot and vicinity maps are not typically included in the public records of a real estate sale, as they are more commonly used for informational purposes and to provide a visual representation of the property's location.

The correct answer is c. Has been guilty of a fraudulent act in connection with any sale of a private commercial lot. This means that if an applicant or registrant has been involved in a fraudulent act related to the sale of a private commercial lot, their registration may be refused or revoked by the HLURB. This ensures that only trustworthy and ethical individuals are allowed to transact business as a dealer, broker, or salesman in relation to PD 957.

The correct answer is c. Gives due notice to the developer. This means that if the buyer gives proper notice to the developer that they wish to cancel the contract, no installment payment made by the buyer shall be forfeited in favor of the owner or developer. This ensures that the buyer is protected and not unfairly penalized if they decide to cancel their purchase.

The document mentioned in the question is issued by the condominium corporation to confirm that the conveyance (transfer of ownership) is in accordance with the Master Deed/Restrictions. This indicates that the transfer has been managed and approved by the condominium corporation, ensuring that all rules and regulations are followed. Therefore, the correct answer is b. Certificate of management.