34 substantive and procedural laws on condominium units

By: Atty. Sara Mae D. Mawis, Dean Ma. Soledad Deriquito-Mawis, Philippine Daily Inquirer, 7 Dec 2019

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