Free Patent Law - R.A. 10023

Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila

Fourteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand nine.

REPUBLIC ACT No. 10023

AN ACT AUTHORIZING THE ISSUANCE OF FREE PATENTS TO RESIDENTIAL LANDS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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. - 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.

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 3. Application. - The application on the land applied for shall be supported by a map based on an actual survey conducted by a licensed geodetic engineer and approved by the Department of Environment and Natural Resources (DENR) and a technical description of the land applied for together with supporting affidavit of two (2) disinterested persons who are residing in the barangay of the city or municipality where the land is located, attesting to the truth of the facts contained in the application to the effect that the applicant thereof has, either by himself or through his predecessor-in-interest, actually resided on and continuously possessed and occupied, under a bona fide claim of acquisition of ownership, the land applied for at least ten (10) years and has complied with the requirements prescribed in Section 1 hereof.

Section 4. Special Patents. - Notwithstanding any provision of law to the contrary and subject to private rights, if any, public land actually occupied and used for public schools, municipal halls, public plazas or parks and other government institutions for public use or purpose may be issued special patents under the name of the national agency or LGU concerned: Provided, That all lands titled under this section shall not be disposed of unless sanctioned by Congress if owned by the national agency or sanctioned by the sanggunian concerned through an approved ordinance if owned by the LGU.

Section 5. Removal of Restrictions. - The restrictions regarding encumbrances, conveyances, transfers or dispositions imposed in Sections 118, 119,121, 122 and 123 of Chapter XII, Title VI of Commonwealth Act No. 141 as amended, shall not apply to patents issued under 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.

Section 7. Implementing Rules and Regulations. - The Director of the Land Management Bureau of the Department of Environment and Natural Resources (DENR) shall promulgate rules and regulations to carry out the provisions of this Act, and shall see to it that such are gender responsive.

Section 8. Repealing Clause. - All laws, decrees, executive order, executive issuance's or letters of instruction, rules and regulations or any part thereof inconsistent with or contrary to the provisions of this Act are hereby deemed repealed, amended or modified accordingly.

Section 9. Separability Clause. - If, for any reason or reasons, any part or parts of this Act shall be declared unconstitutional or invalid by any competent court, other parts of this Act shall be thereby shall continue to be in full force and effect.

Section 10. Effectivity Clause. - This Act shall take effect fifteen days (15) after its publication in two (2) national newspapers of general education.

Approved

(Sgd.) JUAN PONCE ENRILE President of the Senate

(Sgd.) PROSPERO C. NOGRALES Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 5618 and Senate Bill No. 3429 was finally passed by the House of Representatives and Senate on December 18, 2009.

(Sgd.) EMMA LIRIO-REYES Secretary of Senate

(Sgd.) MARILYN B. BARUA-YAP Secretary General House of Representatives

Approved: March 9, 2010

(Sgd.) GLORIA MACAPAGAL-ARROYO
            President of the Philippines

-->

YOU MIGHT ALSO WANT TO READ:

The Subdivision And Condominium Buyers' Protective Decree - P.D. 957

Batas Pambansa 220 - B.P. 220

The Condominium Act - RA 4726

Real Estate Mortgage Law - Act No. 3135

Act Amending Act No. 3135 - Act No. 4118

Top Ten: March 2012 Real Estate Brokers Licensure Examination

-->

The Successful Examinees Who Garnered The Ten (10) Highest Places Are The Following:

Rank - Name - School - Rating (%)

1

Rafael Emmanuel Religioso Villadiego University Of The Philippines-Diliman 88.75

2

Nelson Rodavia Gorom University Of Nueva Caceres 88.25

3

Chloe Chizu Go Cedenio Go De La Salle University-Manila 87.50

4

Ma Rosario Chu Dizon University Of The Philippines-Diliman 87.00

Rey Nathaniel Cagulada Ifurung Ateneo De Manila University-Manila 87.00

5

Genevieve Padua Ayochok University Of The Cordilleras (For.Baguio C.F.) 86.50

Ricardo Jose Sanchez Consunji III University Of The Philippines-Diliman 86.50 

Alton Camacho Durban University Of The Philippines-Diliman 86.50

Joan Lou Po Gamboa De La Salle University-Manila 86.50

Minnie Palo Leongson Holy Angel University 86.50

Jose Ramon Villacorta Villatuya University Of Santo Tomas 86.50

6

Victor Michael Patricio Anastacio Ateneo De Manila University-Q.C. 86.25

Dax Orlando Beleno Dizon Jr University Of The Philippines-Diliman 86.25

Richard Joseph Fernando Elias Ateneo De Manila University-Q.C. 86.25

Mary Rocelyn Petalver Lim Ateneo De Manila University-Q.C. 86.25

Jose Orlando Imperial Lozada De La Salle University-Manila 86.25

Sharon Anne Go Ong Ateneo De Manila University-Q.C. 86.25

Deborah Trisha Ngo Que De La Salle University-Manila 86.25

Ethel Angelie Cabatingan Relampagos University Of San Carlos 86.25

7

Elmer Macaalay Castillo University Of The Philippines-Diliman 86.00

Michael Lavezares Cañete Divine Word University-Tacloban 86.00

Sarah Eufrosina Daclan Celino University Of The Philippines-Diliman 86.00

Orlando Caranto De Guzman San Beda College 86.00

Luis Wenceslao Trinidad Fuentes De La Salle University-Manila 86.00

Paulo Ferdinand Medalla Luna University Of The Philippines-Los Baños 86.00

Bryan Christopher Ngo Que De La Salle University-Manila 86.00

8

Mark Juan Abelon University Of The Philippines-Diliman 85.75 

Alex Joseph De Guzman Coloquio Ateneo De Manila University-Q.C. 85.75

Catherine Marie Suzanne Escaler De Leon De La Salle University-Manila 85.75

John Abbe Lancita Gardiola University Of The Philippines-Los Baños 85.75

Radden Opeña Nibungco University Of Santo Tomas 85.75

Rizalina Castro Quilit Ateneo De Manila University-Q.C. 85.75

9

Jose Lustre Basa Philippine College Of Health & Sciences 85.50

Maria Adiel Santos Bonifacio Ateneo De Manila University-Q.C. 85.50

Shann Nicoleby Siy Chan Ateneo De Manila University-Q.C. 85.50

Margaret Peralta Gan University Of The Philippines-Diliman 85.50

Gregor Timothy Oreto Marcaida Pamantasan Ng Lungsod Ng Maynila 85.50

Jamille Filomena Aquino Molina University Of The Philippines-Diliman 85.50 

Vanessa Dugui-Es Palay Saint Louis University 85.50

Rhea Angela Diez Tan-Tago Ateneo De Manila University-Q.C. 85.50

Jose Manuel Teofilo Juan Paulotan Kiang Villonco Ateneo De Manila University-Q.C. 85.50

Evelyn Cabrera Viray University Of The Philippines-Diliman 85.50

10 

Emmanuel Liboon Benitez University Of The Philippines-Diliman 85.25

Ray Rosello De Yro Blancaflor Saint Paul University-Tuguegarao 85.25

Deborah Blanca Rivera Esquivias University Of The Philippines-Diliman 85.25 

Arvel Sojor Lara Ramon Magsaysay Memorial Colleges 85.25

Michael Balacuit Quililan University Of The Philippines-Diliman 85.25

Rimmon Resus Sendiong Cebu Doctors University 85.25

Edita Vitto Soberano Adamson University 85.25

Lily Jane Gallardo Tablante University Of The Philippines-Diliman 85.25

Steven Fredric Española Tiong University Of Santo Tomas 85.25

Batas Pambansa 220 - B.P. 220

REPUBLIC OF THE PHILIPPINES

BATASANG PAMBANSA

Fourth Regular Session

P.B. No. 1880

BATAS PAMBANSA BLG. 220

AN ACT AUTHORIZING THE MINISTRY OF HUMAN  

SETTLEMENTS TO ESTABLISH AND PROMULGATE  

DIFFERENT LEVELS OF STANDARDS AND TECHNICAL  

REQUIREMENTS FOR ECONOMIC AND SOCIALIZED  

HOUSING PROJECTS IN URBAN AND RURAL AREAS  

FROM THOSE PROVIDED UNDER PRESIDENTIAL  

DECREES NUMBERED NINE HUNDRED FIFTY-SEVEN,  

TWELVE HUNDRED SIXTEEN, TEN HUNDRED NINETY-SIX  

AND ELEVEN HUNDRED EIGHTY-FIVE

BE IT ENACTED BY THE BATASANG PAMBANSA IN SESSION ASSEMPLED:

SECTION 1. It is hereby declared a policy of the Government to promote and 

encourage the development of economic and socialized housing projects, primarily by the private sector, in order to make available adequate economic and socialized housing units for average and low-income earners in urban and rural areas. 

SECTION 2.  As used in this Act, economic and socialized housing refers to 

housing units which are within the affordability level of the average and low-income earners which is thirty percent (30%) of the gross family income as determined by the National Economic and Development Authority from time to time. It shall also refer to the government-initiated sites  and services development and construction of economic and socialized housing projects in depressed areas.  

SECTION 3.  To carry out the foregoing policy, the Ministry of Human 

Settlements is authorized to establish and promulgate different levels of standards and technical requirements for the development of economic and socialized housing projects and economic and socialized housing units in urban and rural areas from those provided in Presidential Decree Numbered Nine hundred fifty-seven, otherwise known as the "Subdivision and Condominium Buyers' Protective Decree," Presidential Decree Numbered Twelve hundred and sixteen,  "Defining Open Space in Residential Subdivision"; Presidential  Decree Numbered Ten Hundred  and ninety-six, otherwise known as the "National Building Code of the Philippines"; and Presidential Decree Numbered Eleven hundred and eighty-five, otherwise known as the "Fire Code of the Philippines" and the rules and regulations promulgated thereunder, in consultation with the Ministry of Public Works and Highways, the Integrated National Police, and other appropriate government units and instrumentalities and private associations. 

SECTION 4.  The standards and technical requirements to be established under Section three hereof shall  provide for environmental ecology, hygiene and cleanliness, physical, cultural and spiritual development and public safety and may vary in each region, province or city depending on the availability of indigenous materials for building construction and other relevant factors. 

SECTION 5.  The different levels of standards and technical requirements that 

shall be established and promulgated by the Ministry of Human Settlements only after public hearing and shall be published in two newspapers of general circulation in the Philippines for at least once a week for two consecutive weeks and shall take effect thirty days after the last publication.  

SECTION 6.  This Act shall take effect upon its approval. 

Approved, March 25, 1982.  

Prs-032-0022

-->

Real Property Buyer's Guide

Before Buying

1. Check if the Project has a Certificate of Registration and License to Sell.

You should ask the broker/agent of the owner/developer if the project is registered and has a License to Sell issued by HLURB:

* This can be verified at the On-line Queries/HLURB website (www.hlurb.gov.ph) for the list of projects covered with Certificate of Registration and License to Sell as well as any encumbrance thereon, e.g. Cease and Desist Order, Suspension of License, etc.;

* Or you may visit or call the nearest HLURB Regional Office for this information.

2. Visit the subdivision/condominium, where the house and lot or condo unit to be purchased is located to know its natural topography, viz: susceptibility to landslide, flooding, erosion, etc.;

If the project is covered with a License to Sell, you may already enter into a Contract with the owner/developer. However, there are things which must be checked:

1. The date of completion of the project as indicated in the License to Sell;

2. If the property is mortgaged, it should have a Clearance to Mortgage from the HLURB;

3. The facilities and amenities represented in the advertisement flyers/ brochures are in accordance with the approved subdivision and condominium plan on file with HLURB.

When Buying

1. Check if the broker/agent is registered with HLURB/DTI;

2. Verify if the property has not been sold to other buyers with the Register of Deeds;

3. Check into your source of income whether you can afford to pay the equity and the monthly installments;

4. Check if the materials of the house or condo unit conform with the development standards and approved construction specifications submitted to HLURB;

5. Check whether the developer would payfor the water and electric meters, the subdivision perimeter fence, etc;.

6. Check who would eventually operate the subdivision/condominium water system.

Before Signing the Contract to Sell

1. Don’t sign any blank form of the Contract;

2. Read thoroughly all the contents of the Contract more especially the terms and conditions in fine print;

3. Secure a copy of the Contract and all other documents that you have signed;

4. Make sure that the Contract would be registered by the owner/developer to the Register of Deeds;

5. Pay directly to the owner/developer or the marketing agent authorized by said owner/developer only; and

6. Ask an official receipt on all payments for your file.

Source: www.hlurb.gov.ph

-->

Sample computation of capital gains tax (CGT) on sale of real property

Mr. Santos sells a residential lot in Pasig City with a floor area of 200sqm on cash with Selling Price of P3 Million. Mr. Santos is not engaged in a real estate business. The proceeds from the sale will be used by Mr. Santos for his trip to US and other personal expenses.  The following are the fair market value information of the real property:

1. Fair Market Value as determined by BIR Commissioner (Zonal Value/BIR Rules):

1a. Land: P1,600,000 (let us say BIR Zonal value is P8,000/sqm [200 x 8,000=1,600,000])

1b. Improvement: P1,200,000

2. Fair Market Value as determined by Provincial/City Assessor’s (per latest Tax Declaration):

2a. Land: P1,400,000

2b. Improvement: P1,300,000

How much is the Capital Gains Tax?

Answer/solution:

Step 1. Determine the highest fair value (FMV):

Total FMV1 (1a + 1b): P2,800,000

Total FMV2 (2a + 2b): P2,700,000

Total FMV3 (1a + 2b): P2,900,000

Total FMV4 (2a + 1b): P2,600,000

The Highest FMV is FMV3: P2,900,000. This is the FV we will use in the step 2.

Step 2. Determine the higher between FMV and Selling Price:

FMV = P2,900,000

Selling Price = P3,000,000

The higher value is the selling price P3,000,000. This is our tax base for computing Capital Gains Tax.

Step 3. Calculate Capital Gains Tax.

CGT = P3,000,000 x 6%

CGT = P180,000

For more info on CGT check http://www.bir.gov.ph/taxinfo/tax_capgin.htm

-->

Source:http://businesstips.ph/how-to-compute-capital-gains-tax-on-sale-of-real-property/

Incoming search terms:

CGT on sale of real estate

real property tax

taxes on sale of real property

fair market value of real estate

illustration of CGT computation

how to compute capital gains

The Real Estate Mortgage Law

Real Estate Mortgage Law
(Act 3135, as amended by RA 4118)

a. Coverage

Governs sales made under a special power inserted in or attached to any real-estate mortgage, which is made as security for the payment of money or the fulfillment of any other obligation. The Act will govern the manner in which the sale and redemption shall be effected, whether or not provision for the same is made in the power. (Sec 1, Act 3135)

The law covers only real estate mortgages. It is intended merely to regulate the extrajudicial sale and redemption of the property if and when the mortgagee is given a special power or express authority to do so in the deed itself or in a document annexed thereto.

b. Remedies available to mortgagee upon default of the mortgagor

            The mortgagee has a choice of one (1) of two (2) remedies, but he cannot have both. The mortgagee may (i) foreclose the mortgage or (ii) file an ordinary action to collect the debt, i.e. specific performance.

            When the mortgagee chooses the foreclosure of the mortgage as a remedy, he enforces his lien by the sale on foreclosure of the mortgaged property. The proceeds of the sale will be applied to the satisfaction of the debt. With this remedy, he has a prior lien on the property. In case of a deficiency, the mortgagee has the right to claim for the deficiency resulting from the price obtained in the sale of the real property at public auction and the outstanding obligation at the time of the foreclosure proceedings. (Soriano v. Enriquez, 24 Phil. 584; Banco de Islas Filipinas v. Concepcion Hijos, 53 Phil. 86; Banco Nacional v. Barreto, 53 Phil. 101)

On the other hand, if the mortgagee resorts to an action to collect the debt, he thereby waives his mortgage lien. He will have no more priority over the mortgaged property. If the judgment in the action to collect is favorable to him, and it becomes final and executory, he can enforce said judgment by execution. He can even levy execution on the same mortgaged property, but he will not have priority over the latter and there may be other creditors who have better lien on the properties of the mortgagor. Caltex Phils. vs. IAC, August 25, 1989

If mortgagor issues post-dated checks, resorting to a criminal action for violation of BP 22 also precludes the remedy of foreclosure and vice versa. Recovery of the amount due is deemed included in the action for violation of BP 22.

TIP: If the mortgage covers the total claim, then foreclose. If not, still foreclose for after all you can still collect the deficiency from the principal debtor (if mortgagor is a third person), not the mortgagor unless the latter bound himself solidarily liable with the borrower. Make it a last resort to file a criminal action because in reality it takes much longer to pursue BP 22.

c. Need for special power of attorney

            Under Section 1 of Act No. 3135, a special power of attorney must be inserted in or attached to any Real Estate Mortgage.

Without proof of petitioner's special authority to foreclose, the Clerk of Court as Ex-Oficio Sheriff is precluded from acting on the application for extrajudicial foreclosure. (Office of the Court Administrator v. Pardo, RTJ-08-2109, April 30, 2008; Casano v. Magat, 425 Phil. 356, 360-361 (2002); Paguyo v. Gatbunton, A.M. No. P-06-2135, May 25, 2007, 523 SCRA 156, 161).

d. Authority to foreclose extrajudicially

           

            A mortgage may be foreclosed extrajudicially where there is inserted in the contract a clause giving the mortgagee the power upon default of the debtor, to foreclose the mortgage by an extrajudicial sale of the mortgaged property. The authority to sell is not extinguished by the death of the mortgagor (or mortgagee).

e. Procedure

(1) Where to file

All applications shall be filed with the Executive Judge through the Clerk of Court, who is also the Ex-Officio Sheriff. See Sec. 1, Circular No. 7-2002, Guidelines for the enforcement of Supreme Court Resolution of December 14, 1999 in A.M. no. 99-10-05-0 (re: Procedure in extra-judicial foreclosure of mortgage), as amended by the Resolutions dated January 30, 2001 and August 7, 2001.

(2) Where to sell

           

Province where the property is situated. (Sec. 2, R.A. 3135, as amended) Sale cannot be made legally outside of the province in which the property sold is situated.

If venue is subject to stipulation, such sale shall be made in said place (i.e., the place so stipulated) or in the municipal building of the municipality in which the property or part thereof is situated. (ibid.)

(3) Posting requirement

Notice of the sale is posted in at least three (3) public places of the municipality or city (Sheriff’s Office, Assessor’s Office and Register of Deeds) where the property is situated for not less than twenty (20) days and published once a week for at least three (3) consecutive weeks in a newspaper of general circulation in the municipality or city (Sec. 3, ibid). Posting of notice on mortgaged property not required.

Failure to advertise a mortgage foreclosure sale in compliance with statutory requirements constitutes a jurisdictional defect invalidating the sale. A substantial error or omission in a notice of sale will render the notice insufficient and vitiate the sale. (PNB v. Nepomuceno, 394 SCRA 405, 2002)

           

(4) Publication requirement

         (a) Sufficiency of newspaper publication

Notice shall also be published once a week for at least three (3) consecutive weeks in a newspaper of general circulation. The newspaper need not have the largest circulation so long as it is of general circulation. To be a newspaper of general circulation, it is enough that it is published for the dissemination of local news and general information; that it has a bona fide subscription list of paying subscribers; and that it is published at regular intervals.  The newspaper must not be devoted to the interests or entertainment of a particular class, profession, trade, calling, race or religious denomination. The newspaper need not have the largest circulation so long as it is of general circulation (Perez vs. Perez (2005)) in the municipality or city where the property is located. Metrobank v. Peñafiel, G.R. No. 173976 Feb. 27, 2009

(b) Need for republication in case of postponement

Republication is necessary for the validity of a postponed extrajudicial foreclosure sale. Another publication is required in case the auction sale is rescheduled, and the absence of such republication invalidates the foreclosure sale. The last paragraph of the prescribed notice of sale (under SC Circular 7-2002) allows the holding of a rescheduled auction sale without reposting or republication of the notice. In the event the public auction should not take place on the said date, it shall be held on ___________,______ without further notice.  However, the rescheduled auction sale will only be valid if the rescheduled date of auction is clearly specified in the prior notice of sale.  The absence of this information in the prior notice of sale will render the rescheduled auction sale void for lack of reposting or republication. (DBP vs. Emerald Resorts Hotel)

(c) Personal notice to the mortgagor when and when not needed

General Rule: Personal notice to the mortgagor is not generally required. Exception: Unless required in the mortgage contract, the lack of personal notice to the mortgagor is not a ground to set aside a foreclosure sale.

            Unless otherwise stipulated by the parties to the mortgage contract, the debtor-mortgagor need not be personally served a copy of the notice of the extra- judicial foreclosure.  SC Circular 7-2002

f. Possession by purchaser of foreclosed property

Upon failure of the debtor to redeem the property within one (1) year after the date of the registration of the certificate of sale, winning bidder becomes the absolute owner.

g. Remedy of debtor if foreclosure is not proper

Within thirty (30) days after the purchaser is given possession of the property, the debtor may petition that the sale be set aside on the ground that the mortgage was not violated or the sale was not made in accordance with the provisions of Act 3135. (Sec. 8. This may be done in the proceedings in which possession was requested)

h. Redemption

            Right of Redemption is the right of the mortgagor to redeem the mortgage property within a certain period (1 year) after it was sold for the satisfaction of the mortgage debt.

Requisites for valid redemption:

     1. Redemption within 1 year from registration of sale;

   2. Payment of purchase price plus 1% interest per month thereon if any, paid by purchaser; and

     3. Written notice of redemption served on officer who made the sale.

(1) Who may redeem

a.    The debtor;

b.    The debtor's successors-in-interest;

c.    Any judicial creditor or judgment creditor of the debtor;

d.    Any person having a lien on the property subsequent to the mortgage or deed of trust under which the property is sold (Redemption price to be paid by accommodation mortgagors).

(2) Amount of Redemption price

a.   Limited to the winning bid price plus twelve percent (12%) interest per annum.

b. Purchase price if judgment obligor. Sum paid on last redemption if redemptioner. (Rule 39, Sec. 28, Rules of Court). The redemptioner should make an actual tender in good faith of the full amount of the purchase price (Hi-Yield Realty vs. CA (2002)

(3) Period for redemption

Natural persons: Within 1 year from and after the date of the sale. Sec. 6

Juridical persons: Until but not after the registration of the certificate of foreclosure sale with the applicable Register of Deeds, which in no case shall be more than 3 months after foreclosure, whichever is earlier. (Sec. 47, R.A. 8791)

(4) Effect of pendency of action for annulment of sale

The filing of court action to enforce redemption has effect of preserving the redemptioner’s rights; and freezing the expiration of one year period to redeem. (Banco Filipino v Court of Appeals)

i. Writ of possession

(1) Ministerial duty of the court

The duty of the trial court to grant a writ of possession is ministerial. Such writ issues as a matter of course upon the filing of the proper motion and the approval of the corresponding bond. Any question regarding the regularity and validity of the sale is to be determined in a subsequent proceeding. (Sec. 8). Mandamus will lie.

The judge to whom an application for writ of possession is filed need not look into the validity of the mortgage or the manner of its foreclosure. In the issuance of a writ of possession, no discretion is left to the Trial Court. Any question regarding the cancellation of the writ in respect to the validity/regularity of the foreclosure sale or the mortgage should be determined in a subsequent proceeding (PNB v. Sanao).  Such question cannot be raised to oppose the issuance of the writ, since the proceeding is ex parte. (Samson vs Rivera, 2004)

After the consolidation of title in the buyer’s name for failure of the mortgagor to redeem, the writ of possession becomes a matter of right

(2) Enforcement against third parties

            The purchaser or last redemption shall be entitled to possession of the property upon the finality of the order of confirmation or upon the expiration of the period of redemption, unless a third party is actually holding the same adversely to the judgment debtor.

(3) Pendency of action for annulment of sale

            The pendency of a separate civil suit questioning the validity of the sale of the mortgaged property cannot bar the issuance of the writ of possession. DBP vs Spouses Gatal (2005)

j. Annulment of sale (See g. Remedy of debtor if foreclosure is not proper, supra)

READ ALSO: Full Text of Act 3135 Real Estate Mortgage Law

Incoming search terms:

real estate mortgage law

redemption of mortgage

procedure for foreclosure

writ of possession

foreclosure of mortgage

annulment of sale

extrajudicial foreclosure

remedies on foreclosure

rules of court

Act 3135

Coverage and Instructions for the Real Estate Broker Exam

Here is the PRC Board of Real Estate Service Program of the Real Estate Brokers’ Licensure Examinations which will be conducted on Sunday, 27 March 2011 in Manila,Baguio,Cagayan De Oro,Iloilo,Cebu, and Davao Cities 

7:00AM to 7:45AM – General Instructions and Filling Up of Forms
8:00AM to 10:00AM – General / Fundamentals of Real Estate Service(25%)
11:00AM to 1:00PM – Special and Technical Knowledge(25%)
2:00PM to 6:00PM – Professional Practice(50%)

Coverage of PRC Real Estate Brokers Exam 

General/Fundamentals of Real Estate Service

•Fundamentals of Property Ownership
•Code of Ethics and Responsibilities
•Legal Requirements for Real Estate Service (RA 9646 / IRR)
•Real Estate Laws and Taxation (Agri Law, CARPER, RA 7160 / 8424, etc)

Special and Technical Knowledge

•Subdivision Development (includes PD 957, BP 220, RA 7279, etc)
•Condominium Concepts and Other Types of Real Estate Holdings
•Legal Aspect of Sale, Mortgage and Lease
•Documentation and Registration

Professional Practice

•Real Estate Brokerage Practice
•Real Estate Finance and Economics
•Urban and Land Use
•Planning, Development and Zoning
•Basic Principles of Ecology
•Basic Appraisal for Real Estate Brokers

General Instructions:

1. Visit your school/building assignment prior to the day of the examination.

2. Report to the school / building assignment before 6:30AM on the first day of theexamination to verify your room and seat number. Be punctual, because lateexaminees will not be admitted. Examination fee of ABSENT examinees will beforfeited. 

3. Examinees are required to wear the following attire every examination day:

o Male Examinees – White polo shirts, or white t-shirts with collar
o Female Examinees – White blouses, or white t-shirts with collar

4. Bring the following on examination day:

a. Notice of Admission

b. Official Receipt

c. One (1) piece metered-stamped Window Mailing Enveloped. 

d. Two (2) or more pencils (No. 1 or No. 2)[NOTE from RESAR] Bring eraser.

e. Ballpen with BLACK INK only

f. One (1) piece Long Brown Envelopeg. One (1) piece Long Transparent (non-colored) Plastic Envelope (for keepingyour valuables and other allowed items)

The following are PROHIBITED inside the examination premises/rooms:. Programmable Calculators (check the list of non-programmable calculators at the PRC)

a. CELLULAR PHONES, portable computers, BlueTooth or similargadgets/devices.

b. Bags of any kind (Ladies bag and shoulder bags, attache case, backpacks,etc)

c. Other examination aides not stated on this program.

NOTE: 

PRC WILL NOT BE RESPONSIBLE FOR PROHIBITED ITEMS THAT WILL BE LOST. 

Read carefully and follow the instructions on your Notice of Admission 

--> Source: http://www.scribd.com/doc/47969237/PRC-2011-RES-Broker-s-Board-Exam-Program