34 substantive and procedural laws on condominium units
Demand for residential property, particularly condominium units, has steadily increased in the Philippines.
According to real estate research company Global Property Guide (GCG), the take-up of pre-sold condominium units in Metro Manila has reached 54,000 units last year, or more than the previous record-high of 52,600 units in 2017.
Starting families, young professionals, and migrants from mainland China contributed to this strong demand.
“As a man is said to have a right to his property, he may be equally said to have a property in his rights,” said former United States President James Madison. And rightfully so.
But before joining the bandwagon, consider the following laws which define your rights and obligations over condominium units.
1. Article III, Section 6, Constitution – Right to liberty of abode
2. Articles 476-481, New Civil Code (NCC) – Quieting of title
3. Articles 484-501, NCC – Co-ownership
4. Articles 531-538, NCC – How possession is acquired
5. Articles 539-561, NCC – Effects of possession
6. Articles 562-612, NCC – Usufruct
7. Articles 667-673, NCC – Easement of light and view
8. Articles 1654-1679, NCC – Lessor’s and lessee’s rights and obligations
9. Sections 201-225, Local Government (LGC) – Appraisal and assessment of real property for real property taxes (RPT)
10. Sections 232-233, LGC – Local government unit’s (LGU) power to levy real property tax
11. Section 234, LGC – Properties exempt from RPT
12. Section 235, LGC – Additional levy on real property for the Special Education Fund
13. Sections 246-251, LGC – How the LGU collects RPT
14. Sections 252-255, LGC – Payment of RPT under protest
15. Sections 256-270, LGC – LGU’s remedies for the collection of RPT
16. Section 194, National Internal Revenue Code, as amended (NIRC) – Documentary stamp tax (DST) due on lease agreements
17. Section 196, NIRC – DST on deeds of sale and conveyances of real property
18. Section 4, Republic Act (RA) 4726 – contents of the condominium master deed
19. Section 5, RA 4726 – transfer or conveyance of condominium units
20. Section 12, RA 4726 – effect of the involuntary dissolution of a condominium corporation on the common areas owned or held by the corporation
21. Section 3, RA 6552 – rights of condominium buyers in case he defaults in the payment of the succeeding installments
22. Section 4, RA 6552 – rule on notarial rescission
23. Art. 1643, NCC – No lease for more than ninety-nine years shall be valid.
24. Art. 1648, NCC – recording of lease of real estate in the Registry of Property.
25. Art. 1649, NCC – General rule, the lessee cannot assign the lease without the consent of the lessor.
26. Art. 1650, NCC – When in the contract of lease of things there is no express prohibition, the lessee may sublet the thing leased.
27. Art. 1654, NCC – Obligations of the lessor
28. Art. 1657, NCC – Obligations of the lessee
29. Art. 1658, NCC – Right of the lessee to suspend payment
30. Art. 1670, NCC – implied renewal of lease
31. Art. 1673, NCC – grounds for eviction
32. Art. 1678, NCC – rights over useful improvements and ornamental expenses
33. Section 1, Rule 70, 1997 Rules of Court (ROC) – Who and when the lessor can institute an unlawful detainer case (eviction)
34. Section 2, Rule 70, ROC – Lessor to proceed against the lessee only after demand
Subscribe to INQUIRER PLUS to get access to The Philippine Daily Inquirer & other 70+ titles, share up to 5 gadgets, listen to the news, download as early as 4am & share articles on social media. Call 896 6000.