Law governing the operation of memorial parks and cemeteries

PD 957
PD 856
National Building Code
BP 344
RA 7277
Water Code
Electrical Code
Required Documents for the approval of the preliminary development plan (cemetery)
Site development plan
TCT and Survey Plan
CTC of Environmental Compliance Certificate (ECC) and Certificate of non-coverage (CNC)
Vicinity and Topo map
Conversion order or exemption clearance from DAR
Zoning Certification issued by HLURB

Required documents for the approval of the Final memorial Park
Final cemetery plan
Engineering plan signed by a licensed CE
Centralized sewer system signed by sanitary engineer
Electrical plan
Site grading plan signed by a CE
Landscaping plan
Joint affidavit of owner and licensed environmental planner
Summary of project study
TCT
Storm drainage signed by a sanitary engineer
Clearances/permits
Requirements of the preliminary approval of the farmlot subdivision plan
preliminary subdivision plan
Vicinity and topo map
TCT
Right to use
Requirements for the final approval of farmlot subdivision plan
Requirements of the preliminary subdivision plan
Final subdivision plan
Topo plan
Project description
Clearance from other agencies

PD 957 regulating the sale of subdivision lots and condominium projects development
RA 4726 Condominium act
RA 6552 Realty Installment Buyer Protection Act
PD 953 Planting trees requirement
BP 220 socialized economic housing

HABU Considerations
Vacant Land
Improved property land as though vacant, property as improved
Nature of analysis consideration of probable alternative uses
Extent of analysis consideration of highly competitive alternative uses
Items specified in highest and best use conclusions


Appraisal the process of making an estimate on the value of any asset/property in accordance with
generally accepted standards as of given date
Valuation a determination of the monetary value of a property right encompassed in an ownership
at a specific time
Earning forecast an estimate or forecast of future net monetary returns, derivable from something
owned or considered as being owned
Cost estimation an estimate of the amount of money that would be required to construct, produce,
replace or reproduce some tangible and/or intangible things regardless of its ownership
at a particular time
Fair market value the highest monetary unit amount that the property should bring in a competitive
market
Price the amount or consideration paid or offered for a particular property. It is the subjective
value of the property or the value in exchange.
Cost the capital expense in the formation and construction of a finished product. It includes
the original cost of land and construction materials as well as profit and professional
services
Value the worth, usefulness or utility of an object for some purpose. It is also defined as the
price an asset will bring under the present market conditions of supply and demand.
Value in exchange the value of the property traded in the market, which is referred as the market value
Market value the highest price estimate in terms of money that a real property is acquired by a buyer
who is willing to buy and a seller who is willing to sell but is not obliged to sell. It is also
the usual selling price of real estate or real property.
Purposes of appraisals
- Partition and distribution of estate
- Maximize Utilization
- Taxation
- fixed Asset valuation in business
- Guide in pricing
- Indemnification
- Financing
Determinants of value in appraisal
- Utility
- Scarcity or the supply and demand
- Transferability
- Effective demand or purchasing value
Factors that influence Value
- Political
- Economic
- Political
- Social

Title Verification and Location pinpointing (information on an approved plan)
1. Location of property
2. Name of claimant
3. Location of land
4. Legal authority
5. Name of surveyor
6. Description of point 1 of boundary
7. Description of points of reference
8. Bearing and distances from point of reference to point 1 of boundary
9. Bearing and distances of boundary line in consecutive order
10. Area in square meters
11. Description of each corner as marked on the ground
12. Name of adjoining owners
13. Date of survey and date of approval

Highest and best use that use which will ultimately represent the most profitable utilization of the site.
It is the legal continuous use to which the property is adapted and needed or
likely to be needed in the reasonably near future.
Elements affecting HABU
The Valuation Process
Definition of assignment
Preliminary analysis data selection and collection
Highest and Best Use
Application of the Approaches in Value
Reconciliation of Value Indications and Fixed Value Estimate
Report of Detailed Value
- Adaptability
- Availability
- Effective demand
- Intensity of Use
Purposes of HABU
- Can be performed for site development and for improved properties
- Analysis of alternative uses determines HABU
- Assist an owner in maximizing return
- Provides an economic basis for the use finally chosen
- Market analysis provides information on physical, legal and economic issues
- Establishes criteria for selecting comparable sales
- Establishes the elements of comparison
Considerations
- Vacant Land
- Improved property
- Nature of analysis
- Extent of analysis
- Items Specified in HABU conclusions

Testing Criteria (HABU)
- Legally permissible
- Physically possible
- Financially Feasible
- Maximum productivity
Special Situations in HABU
- Interim uses = Badminton
- Single uses = Museum
- Legally conforming uses = was lawfully established but no longer conforms to the land use
- Uses that are not the highest and best uses
- Multiple uses = condo
- Special-purpose uses = church

Sales comparison approach method of estimating a property value based on comparison of the subject
property with similar properties within the vicinity