KEY CONCEPTS OF REAL ESTATE
What is real estate?
Real estate is land and all those items which are attached to land.
How far or how many nautical miles from the baselines is the Philippines' territorial sea?
12 nautical miles from the baselines
Can registered lands be subjected to a cadastral survey?
No, only unregistered lands may be subjected to a cadastral survey.
Are Tax Declarations and Tax Receipts conclusive evidence of ownership?
No.
When are the rights to succession transmitted?
The rights to the succession are transmitted from the moment of death of the decedent. (Article 777, NCC).
Is there a difference between real property and real estate?
Yes. Real property includes ownership and usage rights while real estate does not.
What is the regalian doctrine? Is there any exception to this doctrine?
Under the Regalian Doctrine, all lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. The exception to this doctrine is native title to land.
Before applying for registration of agricultural land of the public domain, the applicant must first ensure that the land has already been declared as _________ and _________ land.
Before applying for registration of agricultural land of the public domain, the applicant must first ensure that the land has already been declared as alienable and disposable land.
What is the remedy if the landowner loses the owner’s duplicate of his land title but the original is still with the Register of Deeds?
A petition for the issuance of an owner’s duplicate title.
Give 2 examples of involuntary alienations and explain them.
Involuntary alienation is the process by which title to land is taken from its owner against his consent.
Expropriation Proceedings - the process by which the government takes private property for public use, provided that just compensation is paid to the owner.
Execution of Judgment - when a court renders a judgment involving the payment of money, and the losing party fails to satisfy the judgment, the court may order the sale of the debtor's property to satisfy the debt.
Tax Sales - when property owners fail to pay real estate taxes, the government can sell the property at a public auction to recover the unpaid taxes.
Foreclosure of Mortgage - occurs when a borrower defaults on a loan secured by a mortgage, allowing the lender to sell the mortgaged property to recover the outstanding debt.
What are the requirements before a thing is considered a property? Give one example of a thing not considered a property and a thing regarded as property.
U - Utility
S - Substantivity
A - Appropriability
Distinguish real property from personal property. Give two examples each.
Real property refers to those things that cannot transported from one place to another without breaking the material or deterioration of the object. In contrast, personal property refers to all things that can be transported from place to place without impairment.
Land is considered real property while a cars is considered a personal property.
What is/are the patent/s that can only be issued to natural-born Filipino citizens?
Agricultural Free Patent (Adminstrative Legalization)
What is the difference between a title and a certificate of title?
Title may be defined as that which constitutes a just cause of exclusive possession, or which is the foundation of ownership of property.
Certificate of title, on the other hand, is mere evidence of ownership; it is not the title to the land itself. (Castillo v. Escutin, GR No. 171056, March 13, 2009, 581 SCRA 258)
On what article of civil is accretion based? What are the requisites of accretion?
Accretion is a mode of acquiring property under Article 457 of the Civil Code, which requires the concurrence of the following requisites:
that the accumulation of soil or sediment be gradual and imperceptible;
that it be the result of the action of the waters of the river; and
that the land where the accretion takes place is adjacent to the bank of the river.
Give at least 4 legal restrictions in real property.
1. Sale of Conjugal Real Property - consent of spouse
2. Sale of a Corporation's Real Estate - 2/3 OCS/members
3. Sale of Condominiums - 60:40 rule and CCM
4. Sale of Lands by Agrarian Beneficiaries - 10 years
5. Sale of Real Property - Public instrument
6. Sale of Land through an Agent - Authority must be in writing
7. Sale of Cultural Real Property - NCAA clearance
8. Sale of 50-year old property - NHI clearance
9. Issuance of TCT - CAR issued by BIR
What rights do the Philippines have over its exclusive economic zone?
In the exclusive economic zone, the coastal State has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;
What are the requirements for the issuance of a sales patent?
(1) Filipino citizen
(2) of lawful age or the head of a family
(3) for the purchase of agricultural public land not exceeding 12 hectares, with the land to be sold through public bidding.
(4) The purchase price may be paid in full or in 10 installments, and
(5) the applicant must cultivate at least one-fifth of the land within 5 years from the date of the award.
Discuss the principle "first in time, stronger in right."
In case of double registration where land has been registered in the name of two persons, priority of registration is the settled rule.
Under Art. 1544 of the New Civil Code, between two buyers of the same immovable property registered under the Torrens system, the law gives ownership priority to:
(1) the first registrant in good faith;
(2) then, the first possessor in good faith; and
(3) finally, the buyer who in good faith presents the oldest title.
In agrarian reform cases, landowners have the right of retention, which is the selection by the landowner-claimant of an aggregate area of not more than 5 hectares which shall remain with him or her and cannot be acquired and distributed under CARL.
Viada and Blanco are best friends. In July 2024, Blanco sold to Castan a parcel of land registered in Viada's name. Blanco signed the deed of absolute sale in behalf of Viada and pretended as his agent. In August 2024, Viada executed a special power of attorney (SPA) authorizing Blanco to sell the identical parcel of land. Blanco executed a deed of absolute sale in favor of Sanchez Roman who was aware of the prior conveyance of the same land to Castan. Thereafter, Castan learned of the subsequent transaction between Blanco and Sanchez Roman. Castan then filed against Sanchez Roman an action for annulment of sale. Castan argued that Sanchez Roman is in bad faith because of his knowledge of the prior sale. Sanchez Roman countered that the sale between Blanco and Castan is void for lack of Viada's consent. Castan replied that the subsequent issuance of the SPA to Blanco ratified any defect in their transaction. Who between Castan and Sanchez Roman has a better right over the parcel of land? Explain.
Sanchez Roman has a better right over the parcel of land than Castan.
Article 1874 of the New Civil Code states that when a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void.
In this case, the sale made by Blanco to Castan is void because Blanco had no written authority to sell from Viada when he sold the land to Castan. The subsequent execution of a SPA is of no moment since a void sale can never be ratified.
Since the first sale is void, the second sale of the now duly authorized Blanco to Sanchez Roman is valid.
What comprises the national territory of the Philippines?
The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
Klyde and his predecessors-in-interest had been in open, continuous, exclusive and notorious possession and occupation of a 10-hectare agricultural land of the public domain under a bona fide claim of ownership since 1995. In 2015, the property had been declared alienable and disposable. In 2020, Klyde applied for registration of the lot. The Register of Deeds denied the application because Klyde did not occupy the property since time immemorial or before June 12, 1945. Is the Register of Deeds justified in denying registration of the property in favor of Klyde based on lack of occupation since time immemorial? Explain.
No, the Register of Deeds justified in denying registration of the property in favor of Klyde based on lack of occupation since time immemorial.
Under RA 11573, which amended the Public Land Act, what is required is only occupation for 20 years immediately preceding the filing of the application for confirmation of title and not occupation since time immemorial.
What are the area limitations of residential free patents?
Highly Urbanized Cities - 200sqm
Other Cities - 500sqm
First and Second-Class Municipalities - 750sqm
Other Municipalities - 1000sqm
Do reclaimed lands form part of the lands of the public domain?
Can reclaimed lands become alienable and disposable?
Can the reclaimed lands declared to be alienable and disposable and not reserved for public or quasi-public use, be sold to a private corporation?
Can the reclaimed lands declared to be alienable and disposable and not reserved for public or quasi-public use, be sold to private citizens?
Can submerged lands be sold?
(1) Yes. Consti.
(2) Yes. Through President or Congress.
(3) No. Prohibited by consti.
(4) Yes.
(5) No. Property of public domain.