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1.

Its an interest in real property consisting of separate interest in a unit in a


residential, industrial or commercial building and an undivided interest in
common, directly or indirectly, in the land on which it is located and in
other common areas of the building.
As discussed in the case of Hulst vs PR builder, Foreigners can own
condominium units, however, it must not be more than 40% of the total
outstanding capital stock of the Filipino-owned Corporation.

2. No, the action of the Register of Deeds ia not correct.


The law provides that if a deed or conveyance is for a part only of the land
described in a certificate of title, the Registry of Deeds shall not enter any transfer
certificate to the grantee until a plan of such land showing all the portions or lots
into which it has been subdivided and the corresponding technical descriptions shall
have been verified and approved pursuant to Section 50 of PD 1529. Meamwhile,
such deed may only be annotated by way of memorandum upon the grantor's
certificate of title, original and duplicate, said memorandum to serve as a notice to
third persons of the fact that certain unsegregated portion of the land described
therein has been conveyed.
In the given case, Dickie was not able to file with the Land Registration
Authority or with the Burea of lands a subdivision plan of such land so the action of
Register of Deeds in entering in the registration book a transfer certificate of title to
the grantee is not correct.
3. The following are the duties and obligations of a subdivision owner and developer

The owner or developer shall deliver the title of the lot or unit to the
buyer upon full payment of the lot or unit.
In the event a mortgage over the lot or unit is outstanding at the time
of the issuance of the title to the buyer, the owner or developer shall
redeem the mortgage or the corresponding portion thereof within six
months from such issuance in order that the title over any fully paid lot
or unit may be secured and delivered to the buyer in accordance
herewith.
The owner or developer of a subdivision without access to any existing
public road or street must secure a right of way to a public road or
street and such right of way must be developed and maintained
according to the requirement of the government and authorities
concerned.
The owner as developer of a subdivision shall provide adequate roads,
alleys and sidewalks. For subdivision projects one hectare or more, the
owner or developer shall reserve 30% of the gross area for open space
allocated exclusively for parks, playgrounds and recreational use. The
plans of the subdivision project shall include tree planting on such
parts of the subdivision as may be designated by the Board.
4. The purpose of the assurance fund is to relieve innocent persons from the
harshness of the doctrine that a certificate is a conclusive evidence of an
indefeasible title to land and from any injustice which may arise to them by
operations under the act.
The 1% contribution upon entry of a certificate of title of a building or a land will
automatically be placed in the assurance fund, such will be in the custody of the
national treasurer.
Whenever an innocent person is deprived of his land because of justified grounds,
he may bring an action for recovery of damages to be paid in the assurance fund.
5. Where judgment is rendered against the government, execution shall first issue
against the persons who have been joined as co-defendants, and if the execution is
returned unsatisfied, then the damages awarded by the court shall be assessed
against the Assurance Fund. But the plaintiff cannot recover as compensation more
than the fair market value of the land at the time he suffered the loss, damage, or
deprivation thereof. In every case where payment has been made by the National
Treasurer, the government shall be subrogated to the rights of the plaintiff against
any other parties or securities, and any amount recovered shall be paid to the
account of the Assurance Fund.
6. As discussed in CLT Realty vs Hi-grade fees, the assurance fund was not held
liable because in the first place the Republic has no legal interest in the properties
as the subject properties are not public lands and as such, will not revert to the
Republic.
Further, there was no threat or claim against the assurance fund because
under RA 478 and Administrative Code of 1987, the office of the ombudsman only
has an action with regard to action for the reversion to the Government of lands of
public domain and improvements thereon, as well as lands held in violation of the
Constitution.

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