SlideShare a Scribd company logo
1 of 49
THE SUBDIVISION AND CONDOMINIUM
BUYERS‘ PROTECTIVE DECREE
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES & OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
SALE OR SELL
• Disposition or attempt to dispose of a subdivision
lot for a valuable consideration
• contract to sell
• contract of purchase and sale
• exchange
• attempt to sell
• option of sale or purchase
• solicitation of a sale
• offer to sell (directly, thru agent, circular, letter or
ads)
• Privilege given to members of cooperative,
corporation, partnership, or any association
• issuance of a certificate/receipt giving the right of
participation in any land
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
Subdivision project
a tract or a parcel of land:
• registered under Act No. 496
• partitioned into individual lots (residential purposes)
• offered to the public for sale (cash or in installment)
Condominium project
real property divided or to be divided for residential
purposes into condominium purposes
SUBDIVISION AND
CONDOMINIUM PROJECT
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
HOUSING AND LAND USE
REGULATORY BOARD
REGULATE
real estate trade and business (Sec 3)
EXCLUSIVE JURISDICTION
(a) Unsound real estate business practices;
(b) Claims involving refund and any other claims filed by
subdivision lot or condominium unit buyer against the project
owner, developer, dealer, broker or salesman; and
(c) Cases involving specific performance of contractual and
statutory obligations filed by buyers of subdivision lot or
condominium unit against the owner, developer, dealer, broker or
salesman.
What is covered by EXCLUSIVE JURISDICTION?
In addition to powers provided for in PD No. 957, HLURB shall have
exclusive jurisdiction to hear and decide cases of the ff. nature:
(Section 1 of PD 1344)
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
NULLITY OF WAIVERS
Any stipulation waiving the compliance with this
Decree is void
REPEALING CLAUSE
All laws, executive orders, rules and regulations or
part thereof inconsistent with the provisions of this
Decree are repealed or modified accordingly.
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
Delivery
Outstanding
Mortgage
Fee
ISSUANCE OF TITLE
Upon full payment of the lot/unit,
owner/developer shall deliver the
title of the lot/unit to they buyer
Owner/developer shall redeem
the mortgage within 6 months
from issuance of title to the buyer
No fee except fees required for
the registration of the deed of sale
in the Registry of Deeds
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
ISSUANCE OF TITLE
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
• NHA extended to GOAL a loan for the construction of Gemini
I Condominium
• A "Contract Agreement" was entered into between GOAL
and Matson International Corporation for the construction of
the condominium within one (1) year
• The Contractor abandoned the project with only 60% of it
finished
• GOAL offered the condominium units for sale with private
respondents among its buyers
• To remedy the situation brought about by the abandonment
of the project, GOAL subsequently pursued the construction
of the fifth floor with NHA granting additional funding on the
condition that it would hold on to the condominium
certificates of title of private respondents as collateral
Case Facts
Goal Inc. vs Court of Appeals Office Of The President
Legal Affairs, Housing And Land Use Regulatory
Board, Rizalino Simbillo, et al
ISSUANCE OF TITLE
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
Upon full payment of a unit, seller loses all its right and
interests to the unit in favor of the buyer. Consequently,
it has no right to use the certificate of title of buyer as
collateral for a new loan. The title of buyer must be
released to him as provided by law.
Decision
Goal Inc. vs Court of Appeals Office Of The President
Legal Affairs, Housing And Land Use Regulatory
Board, Rizalino Simbillo, et al
MORTGAGES
If such lot or unit has a buyer
• He will be notified before the release of the loan
• He may pay installments directly to the mortgagee
and the mortgagee will apply the payments to the
indebtedness connected with the lot or unit
Must first be approved by the HLURB in writing
To be approved:
proceeds of the loan must be used for development of
condominium/subdivision project
Loan value of each lot or unit covered
by the mortgage shall be determined
Rationale
for the buyer to obtain title promptly after full payment of
the lot or unit.
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
MORTGAGES
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
Relevant Facts
Delta Development and Management Services, Inc.
(Delta) obtained a loan from the Luzon Development
Bank (LDB) for the express purpose of developing a
subdivision, executing in favor of the bank a real estate
mortgage (REM) on several of their properties.
Delta obtained a Certificate of Registration and a License
to Sell from the HLURB after the loan transaction. In
court, Delta argued that clearance was not required for
mortgages that were constituted on a subdivision project
prior to registration. According to DELTA, it did not violate
the terms of its license because it did not obtain a new
mortgage over the subdivision project.
Luzon Development Bank, Petitioner, v. Angeles
Catherine Enriquez, Respondent, G.R. No. 168646
Delta Development And Management Services, Inc.,
Petitioner, v. Angeles Catherine Enriquez And Luzon
Development Bank, Respondents, G.R. No. 168666
MORTGAGES
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
Issue
Was the mortgage over the property valid?
Answer
There was no HLURB approval, thus rendering the
mortgage void. It was held that all developers should
obtain a clearance for mortgage from the HLURB,
regardless of the date when the mortgage was secured,
because the law does not distinguish. Having violated this
legal requirement, Delta was held liable to pay the
administrative fine. Also, due to the nullity of the
mortgage, the bank’s loan of P8 million to Delta has
effectively become unsecured.
Luzon Development Bank, Petitioner, v. Angeles
Catherine Enriquez, Respondent, G.R. No. 168646
Delta Development And Management Services, Inc.,
Petitioner, v. Angeles Catherine Enriquez And Luzon
Development Bank, Respondents, G.R. No. 168666
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
REGISTRATION OF PROJECTS
For owners of a parcel of land who wishes to
convert the same into a subdivision project
Submit subdivision plan or condominium
plan
After approval, submit subdivision plan to
Director of Lands and Condominium Plan
to Register of Deeds
1
2
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
LICENSE TO SELL
Sellers must obtain a license to sell within 2
weeks after registering the condo/subd unit
• Must be of good repute
• financially stable
• registration must not be fraudulent
PERFORMANCE BOND
adequate performance bond
guaranteeing development,
construction and maintenance of project
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
EXEMPT TRANSACTIONS
EXEMPTIONS
from requirement of a license to sell
a) Sale resulting from the partition of land
among co-owners and co-heirs.
c) Sale by or for a mortgagee in the ordinary
course of business when necessary to liquidate
debt.
b) Sale or transfer by the original purchaser and
any subsequent sale.
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
REGISTRATION OF
DEALERS, BROKERS & SALESMEN
Requirements for registration
a.) Good reputation
b.) Complied with all the applicable rules including
any prescribed fees
c.) File a bond or security
Expiration and Renewal of Registration
a.) Expiration is on December 31 of each year
b.) Renewal shall be given upon written application
(must be made within 30-60 before the first day of
the subsequent year and any prescribed fees must
be paid)
c.) If filed beyond the prescribed period - treated as
original applications.
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
PHASES OF SUBDIVISION
Owner/developer may divide the
development and sale of subdivision into
phases not less than 10 hectares
Requirements in this Decree
shall be imposed to
on each phase
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
ADVERTISEMENTS
Owner/Developer
answerable to developments represented or promised
• May be in any form
• Must reflect real facts
• Must not be presented so as to mislead or deceive
the public
Advertisements
warranty enforceable solidarily
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
TIME OF COMPLETION
For developments indicated in subdivision
or condominium plans and advertised,
time of completion is:
• 1 year from date of issuance of license for the
project
• a period of time fixed by the HLURB
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
ALTERATION OF PLANS
• Permitted by the HLURB and
• Consented in writing by the homeowners’
association or in the absence thereof, the majority
of the lot buyers in the subdivision
Change or alterations
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
TAKE-OVER DEVELOPMENT
If the owner/developer has refused/failed
to develop or complete the development of the project
Authority may take over or cause
such development and completion
The Authority may
demand, collect and receive
from the buyers the installment payments due,
which shall be used for the development
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
NON-FORFEITURE OF PAYMENTS
WHEN
Failure of owner to develop subdivision or condominium
project according to plan or within time limit.
REMEDY
Buyer may be reimbursed with total amount paid
(including amortization interest) excluding delinquency
interests, plus legal interest
FAILURE TO PAY INSTALLMENTS
For any other case of buyer’s failure to pay
•rights covered by RA 6552 (Maceda Law)
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
RA 6552 (MACEDA LAW)
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
RIGHTS OF THE BUYER
1. Grace period (payment of unpaid
installments without additional interest)
– Less than two years of installments: 60 days
grace period
– At least two years: one month grace period
per year of installment payments
*grace period may only be exercised once every
5 years
RA 6552 (MACEDA LAW)
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
RIGHTS OF THE BUYER
2. Refund of the Cash Surrender Value
(CSV) of payments
– Less than five years of installments: CSV =
50% of payments
– Every year of installment payments in excess
of 5 years: 5% additional CSV
*CSV not to exceed 90% of total payments.
RA 6552 (MACEDA LAW)
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
•If buyer fails to pay within grace period  seller
may cancel the contract (contract to sell) or
rescind the contract (contract of sale)
•Actual cancellation is after 30 days from the
buyer’s time of receipt of notice of cancellation or
demand for rescission plus payment of CSV
•Without return of CSV, rescission is incomplete
and buyer may still pay unpaid installments
REALTY TAX
Real estate
tax and
assessment
on a lot/unit
Title has not
passed to the
buyer
Buyer has taken
possession of and
occupied the lot/unit
Paid by owner/
developer with-
out recourse to
the buyer
Buyer is liable to the
owner/developer for
such tax and
assessment effective
the year following
such taking of
possession and
occupancy
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PROHIBITED
• Fee for an alleged community benefit charged by
the owner/developer
AUTHORIZED COLLECTOR
• Properly organized homeowners association
REQUIREMENTS
• Fees to finance services for common comfort,
security and sanitation
• consent of a majority of the lot/unit buyers residing
in the subdivision/condo
OTHER CHARGES
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
ACCESS TO PUBLIC
OFFICES IN SUBDIVISIONS
No owner/developer shall deny any person
free access to any government office
or public establishment
located within the subdivision or which may be
reached only by passing through the subdivision
RIGHT OF WAY TO PUBLIC ROAD
The owner/developer must secure
a right of way to a public road or street
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
If there is a street, passageway or required open
space delineated on a complex subdivision plan,
the Register of Deeds shall annotate on the new
certificate of title covering the street, passageway
or open space a memorandum that:
PUBLIC AND OPEN SPACES
General Rule
No portion of such shall be closed or otherwise
disposed of by the registered owner
Exception
• Obtaining the requisite approval as provided under
Section 22, or
• Donation in favor of a city or municipality
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
DONATIONS OF ROADS &
OPEN SPACES TO LOCAL GOV’T
Owner/developer of the subdivision or condominium
may donate roads and open spaces to the city or
municipality where the project is located
After the donation
The area donated shall not be converted to other
purposes unless the Authority approves so after a
hearing
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
Sec. 2. Amendment of Section 31 of this Decree
Owner/developer is required to donate adequate
roads, alleys and sidewalks to the city/municipality
and the local gov’t must accept it.
Owner/developer may also donate it to
Homeowners Association of the project if
approved by the city/municipality.
If 1ha or more, 30% of gross area shall be
reserved for open space.
AMENDMENTS BY PD 1216
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
REGISTERS OF SUBDIVISION
LOTS & CONDOMINIUM UNITS
• Maintained by the Authority
• Open to public inspection subject to such
reasonable rules by the Authority
Record of subdivision lots
and condominium units
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
VIOLATIONS OF PD957
Sanctions for Violating PD 957
Either:
Jurisdiction
Either:
1.) HLURB – for Administrative aspect
2.) Fiscal’s office – for Criminal aspect
3.) Civil Courts – if there is a finding of probable cause for
criminal action
Where the violator is a
partnership or corporation?
The liability extends to controlling persons.
To carry administrative and criminal penalties
1 Administrative Sanction - not exceeding Ten Thousand
Pesos
Penal Sanction - not exceeding Twenty Thousand Pesos
and/or imprisonment of not more than 10 years
2
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
OTHER REMEDIES
Rights and remedies provided
shall be in addition to any and all other rights and
remedies that may be available under existing laws
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
SUSPENSION OF LICENSE TO SELL
Grounds for immediate
suspension of license to sell
a.) Verified complaint subject to further
investigation and hearing
b.) Fraudulent information in the registration
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
REVOCATION OF REGISTRATION
CERTIFICATE & LICENSE TO SELL
• Insolvent
• Violated any provision of this Decree or any applicable rule
• Engaged in fraud
• Misrepresented in any literature abut the project which is given
to prospective buyers
• Bad business representation
• Does not conduct business in accordance with the law
For partnership/corporation/unincorporated association
Any member/officer/director is guilty of any act of omission which
would cause revocation of a dealer/broker/salesman (Sec. 11)
EVIDENCE that owner or dealer is/has
How to start?
Trigger Points
Issuing an order
• Motu proprio, or
• Verified complaint filed by a buyer
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
REVOCATION OF REGISTRATION
OF DEALERS, BROKERS & SALESMEN
a.) Violation of any provision
b.) Material misstatement in application
c.) Fraudulent act
d.) Demonstrated unworthiness to transact the
business
e.) For salesmen, give Notice to broker or dealer
Pending hearing, CAN order suspension
of the registration - indicate cause
Grounds for revocation
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
HEARING
Either:
• copy of the complaint against him, or
• notified in writing
Notice
• Before the officer/s designated by the Authority,
on the date and place in the notice
• Non-litigious, summary in nature
Nature of proceeding
Venue
• Rules of Court shall not apply, except:
o By analogy or in a suppletory character, and
o Whenever practicable and convenient
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
DECISION
The Decision may order the:
1. Revocation of the registration of the
subdivision or condominium project
2. Suspension, cancellation, or revocation of the
license to sell, and/or
3. Forfeiture, in whole or in part, of the
performance bond mentioned in Section 6
Immediately executory and final after 15 days
from the date of receipt of the Decision
Within 30 days
from the time submitted for decision
forfeiture
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
CEASE AND DESIST ORDER
Provided
There is due notice and hearing, as provided in
Section 13
To whom
any person who appears to be engaged or about to
engage in any act or practice which constitutes or will
constitute a violation of the provisions of this Decree
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
ORGANIZATION
OF HOMEOWNERS ASSOCIATION
owner/developer
shall initiate the organization of a
homeowner’s association among the
buyers and residents
INTRODUCTION
REGULATING AGENCY
REGISTRATION AND
LICENSE TO SELL
COMPLETION OF
PROJECTS AND
ALTERATIONS
PAYMENTS, REALTY
TAXES AND OTHER
EXPENSES
PUBLIC CONCERNS
VIOLATIONS OF PD
NO. 957
PROCEDURES FOR
REVOCATION
PRESIDENTIAL DECREE NO. 957
The Subdivision and Condominium Buyers‘ Protective Decree

More Related Content

Similar to Protecting Homebuyers

Commercial Core Law
Commercial Core LawCommercial Core Law
Commercial Core LawPaul Saba
 
What New and Small Businesses Need to Know: Contracts and Agreements
What New and Small Businesses Need to Know: Contracts and AgreementsWhat New and Small Businesses Need to Know: Contracts and Agreements
What New and Small Businesses Need to Know: Contracts and Agreementslerchearly
 
Rollits' Planning & Property Development Newsletter Autumn 2019
Rollits' Planning & Property Development Newsletter Autumn 2019Rollits' Planning & Property Development Newsletter Autumn 2019
Rollits' Planning & Property Development Newsletter Autumn 2019Pat Coyle
 
Real Estate Bill
Real Estate BillReal Estate Bill
Real Estate BillNeha Sethi
 
Property registration new
Property registration newProperty registration new
Property registration newSelva Kumar
 
Dos donts of real estate investment
Dos donts of real estate investmentDos donts of real estate investment
Dos donts of real estate investmentSurabhi Arora, MRICS
 
Commercial Lease Deed
Commercial Lease DeedCommercial Lease Deed
Commercial Lease DeedLegalDelight
 
Creditor\'s Rights and Bankruptcy Issues in Real Estate Law
Creditor\'s Rights and Bankruptcy Issues in Real Estate LawCreditor\'s Rights and Bankruptcy Issues in Real Estate Law
Creditor\'s Rights and Bankruptcy Issues in Real Estate Lawterigrasmussen
 
Bankruptcy Claims Trading (Series: Bankruptcy Transactions: Advice for the Ad...
Bankruptcy Claims Trading (Series: Bankruptcy Transactions: Advice for the Ad...Bankruptcy Claims Trading (Series: Bankruptcy Transactions: Advice for the Ad...
Bankruptcy Claims Trading (Series: Bankruptcy Transactions: Advice for the Ad...Financial Poise
 
Buyers Advice - Transfer of property (Revised)
Buyers Advice - Transfer of property (Revised)Buyers Advice - Transfer of property (Revised)
Buyers Advice - Transfer of property (Revised)Ricton Properties
 
Bankruptcy Claims Trading (Series: Bankruptcy Transactions 301: Advice for th...
Bankruptcy Claims Trading (Series: Bankruptcy Transactions 301: Advice for th...Bankruptcy Claims Trading (Series: Bankruptcy Transactions 301: Advice for th...
Bankruptcy Claims Trading (Series: Bankruptcy Transactions 301: Advice for th...Financial Poise
 
1WK2 - Docs and Registration.pdf
1WK2 - Docs and Registration.pdf1WK2 - Docs and Registration.pdf
1WK2 - Docs and Registration.pdfElizaMaedeGuzman1
 
Bankruptcy For Business Lawyers Ii
Bankruptcy For Business Lawyers IiBankruptcy For Business Lawyers Ii
Bankruptcy For Business Lawyers Iiguestd2a8f81
 
Bankruptcy For Business Lawyers
Bankruptcy For Business LawyersBankruptcy For Business Lawyers
Bankruptcy For Business LawyersSteven Silton
 
English prestige - presentation on real estate (regulation and development)
English prestige -  presentation on real estate (regulation and development)English prestige -  presentation on real estate (regulation and development)
English prestige - presentation on real estate (regulation and development)English Prestige
 
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial Tenant
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial TenantREAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial Tenant
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial TenantFinancial Poise
 
Sc judgement-on-gpa
Sc judgement-on-gpaSc judgement-on-gpa
Sc judgement-on-gpaMadhav Kumar
 

Similar to Protecting Homebuyers (20)

Commercial Core Law
Commercial Core LawCommercial Core Law
Commercial Core Law
 
What New and Small Businesses Need to Know: Contracts and Agreements
What New and Small Businesses Need to Know: Contracts and AgreementsWhat New and Small Businesses Need to Know: Contracts and Agreements
What New and Small Businesses Need to Know: Contracts and Agreements
 
Webinar on real estate
Webinar on real estateWebinar on real estate
Webinar on real estate
 
Rollits' Planning & Property Development Newsletter Autumn 2019
Rollits' Planning & Property Development Newsletter Autumn 2019Rollits' Planning & Property Development Newsletter Autumn 2019
Rollits' Planning & Property Development Newsletter Autumn 2019
 
Real Estate Bill
Real Estate BillReal Estate Bill
Real Estate Bill
 
Property registration new
Property registration newProperty registration new
Property registration new
 
Dos donts of real estate investment
Dos donts of real estate investmentDos donts of real estate investment
Dos donts of real estate investment
 
Commercial Lease Deed
Commercial Lease DeedCommercial Lease Deed
Commercial Lease Deed
 
Creditor\'s Rights and Bankruptcy Issues in Real Estate Law
Creditor\'s Rights and Bankruptcy Issues in Real Estate LawCreditor\'s Rights and Bankruptcy Issues in Real Estate Law
Creditor\'s Rights and Bankruptcy Issues in Real Estate Law
 
Bankruptcy Claims Trading (Series: Bankruptcy Transactions: Advice for the Ad...
Bankruptcy Claims Trading (Series: Bankruptcy Transactions: Advice for the Ad...Bankruptcy Claims Trading (Series: Bankruptcy Transactions: Advice for the Ad...
Bankruptcy Claims Trading (Series: Bankruptcy Transactions: Advice for the Ad...
 
Buyers Advice - Transfer of property (Revised)
Buyers Advice - Transfer of property (Revised)Buyers Advice - Transfer of property (Revised)
Buyers Advice - Transfer of property (Revised)
 
Transfer Of Property
Transfer Of PropertyTransfer Of Property
Transfer Of Property
 
Bankruptcy Claims Trading (Series: Bankruptcy Transactions 301: Advice for th...
Bankruptcy Claims Trading (Series: Bankruptcy Transactions 301: Advice for th...Bankruptcy Claims Trading (Series: Bankruptcy Transactions 301: Advice for th...
Bankruptcy Claims Trading (Series: Bankruptcy Transactions 301: Advice for th...
 
1WK2 - Docs and Registration.pdf
1WK2 - Docs and Registration.pdf1WK2 - Docs and Registration.pdf
1WK2 - Docs and Registration.pdf
 
Bankruptcy For Business Lawyers Ii
Bankruptcy For Business Lawyers IiBankruptcy For Business Lawyers Ii
Bankruptcy For Business Lawyers Ii
 
Bankruptcy For Business Lawyers
Bankruptcy For Business LawyersBankruptcy For Business Lawyers
Bankruptcy For Business Lawyers
 
English prestige - presentation on real estate (regulation and development)
English prestige -  presentation on real estate (regulation and development)English prestige -  presentation on real estate (regulation and development)
English prestige - presentation on real estate (regulation and development)
 
Transfer Of Property
Transfer Of PropertyTransfer Of Property
Transfer Of Property
 
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial Tenant
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial TenantREAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial Tenant
REAL ESTATE LAW DUMBED DOWN 2022 - Representing the Commercial Tenant
 
Sc judgement-on-gpa
Sc judgement-on-gpaSc judgement-on-gpa
Sc judgement-on-gpa
 

Recently uploaded

Application of Residue Theorem to evaluate real integrations.pptx
Application of Residue Theorem to evaluate real integrations.pptxApplication of Residue Theorem to evaluate real integrations.pptx
Application of Residue Theorem to evaluate real integrations.pptx959SahilShah
 
CCS355 Neural Network & Deep Learning Unit II Notes with Question bank .pdf
CCS355 Neural Network & Deep Learning Unit II Notes with Question bank .pdfCCS355 Neural Network & Deep Learning Unit II Notes with Question bank .pdf
CCS355 Neural Network & Deep Learning Unit II Notes with Question bank .pdfAsst.prof M.Gokilavani
 
Call Girls Narol 7397865700 Independent Call Girls
Call Girls Narol 7397865700 Independent Call GirlsCall Girls Narol 7397865700 Independent Call Girls
Call Girls Narol 7397865700 Independent Call Girlsssuser7cb4ff
 
Oxy acetylene welding presentation note.
Oxy acetylene welding presentation note.Oxy acetylene welding presentation note.
Oxy acetylene welding presentation note.eptoze12
 
Call Us ≽ 8377877756 ≼ Call Girls In Shastri Nagar (Delhi)
Call Us ≽ 8377877756 ≼ Call Girls In Shastri Nagar (Delhi)Call Us ≽ 8377877756 ≼ Call Girls In Shastri Nagar (Delhi)
Call Us ≽ 8377877756 ≼ Call Girls In Shastri Nagar (Delhi)dollysharma2066
 
Software and Systems Engineering Standards: Verification and Validation of Sy...
Software and Systems Engineering Standards: Verification and Validation of Sy...Software and Systems Engineering Standards: Verification and Validation of Sy...
Software and Systems Engineering Standards: Verification and Validation of Sy...VICTOR MAESTRE RAMIREZ
 
Past, Present and Future of Generative AI
Past, Present and Future of Generative AIPast, Present and Future of Generative AI
Past, Present and Future of Generative AIabhishek36461
 
Electronically Controlled suspensions system .pdf
Electronically Controlled suspensions system .pdfElectronically Controlled suspensions system .pdf
Electronically Controlled suspensions system .pdfme23b1001
 
Churning of Butter, Factors affecting .
Churning of Butter, Factors affecting  .Churning of Butter, Factors affecting  .
Churning of Butter, Factors affecting .Satyam Kumar
 
Study on Air-Water & Water-Water Heat Exchange in a Finned Tube Exchanger
Study on Air-Water & Water-Water Heat Exchange in a Finned Tube ExchangerStudy on Air-Water & Water-Water Heat Exchange in a Finned Tube Exchanger
Study on Air-Water & Water-Water Heat Exchange in a Finned Tube ExchangerAnamika Sarkar
 
UNIT III ANALOG ELECTRONICS (BASIC ELECTRONICS)
UNIT III ANALOG ELECTRONICS (BASIC ELECTRONICS)UNIT III ANALOG ELECTRONICS (BASIC ELECTRONICS)
UNIT III ANALOG ELECTRONICS (BASIC ELECTRONICS)Dr SOUNDIRARAJ N
 
Concrete Mix Design - IS 10262-2019 - .pptx
Concrete Mix Design - IS 10262-2019 - .pptxConcrete Mix Design - IS 10262-2019 - .pptx
Concrete Mix Design - IS 10262-2019 - .pptxKartikeyaDwivedi3
 
HARMONY IN THE NATURE AND EXISTENCE - Unit-IV
HARMONY IN THE NATURE AND EXISTENCE - Unit-IVHARMONY IN THE NATURE AND EXISTENCE - Unit-IV
HARMONY IN THE NATURE AND EXISTENCE - Unit-IVRajaP95
 
main PPT.pptx of girls hostel security using rfid
main PPT.pptx of girls hostel security using rfidmain PPT.pptx of girls hostel security using rfid
main PPT.pptx of girls hostel security using rfidNikhilNagaraju
 
EduAI - E learning Platform integrated with AI
EduAI - E learning Platform integrated with AIEduAI - E learning Platform integrated with AI
EduAI - E learning Platform integrated with AIkoyaldeepu123
 
What are the advantages and disadvantages of membrane structures.pptx
What are the advantages and disadvantages of membrane structures.pptxWhat are the advantages and disadvantages of membrane structures.pptx
What are the advantages and disadvantages of membrane structures.pptxwendy cai
 

Recently uploaded (20)

Application of Residue Theorem to evaluate real integrations.pptx
Application of Residue Theorem to evaluate real integrations.pptxApplication of Residue Theorem to evaluate real integrations.pptx
Application of Residue Theorem to evaluate real integrations.pptx
 
CCS355 Neural Network & Deep Learning Unit II Notes with Question bank .pdf
CCS355 Neural Network & Deep Learning Unit II Notes with Question bank .pdfCCS355 Neural Network & Deep Learning Unit II Notes with Question bank .pdf
CCS355 Neural Network & Deep Learning Unit II Notes with Question bank .pdf
 
Call Girls Narol 7397865700 Independent Call Girls
Call Girls Narol 7397865700 Independent Call GirlsCall Girls Narol 7397865700 Independent Call Girls
Call Girls Narol 7397865700 Independent Call Girls
 
Oxy acetylene welding presentation note.
Oxy acetylene welding presentation note.Oxy acetylene welding presentation note.
Oxy acetylene welding presentation note.
 
Call Us ≽ 8377877756 ≼ Call Girls In Shastri Nagar (Delhi)
Call Us ≽ 8377877756 ≼ Call Girls In Shastri Nagar (Delhi)Call Us ≽ 8377877756 ≼ Call Girls In Shastri Nagar (Delhi)
Call Us ≽ 8377877756 ≼ Call Girls In Shastri Nagar (Delhi)
 
Software and Systems Engineering Standards: Verification and Validation of Sy...
Software and Systems Engineering Standards: Verification and Validation of Sy...Software and Systems Engineering Standards: Verification and Validation of Sy...
Software and Systems Engineering Standards: Verification and Validation of Sy...
 
Past, Present and Future of Generative AI
Past, Present and Future of Generative AIPast, Present and Future of Generative AI
Past, Present and Future of Generative AI
 
Electronically Controlled suspensions system .pdf
Electronically Controlled suspensions system .pdfElectronically Controlled suspensions system .pdf
Electronically Controlled suspensions system .pdf
 
young call girls in Green Park🔝 9953056974 🔝 escort Service
young call girls in Green Park🔝 9953056974 🔝 escort Serviceyoung call girls in Green Park🔝 9953056974 🔝 escort Service
young call girls in Green Park🔝 9953056974 🔝 escort Service
 
Churning of Butter, Factors affecting .
Churning of Butter, Factors affecting  .Churning of Butter, Factors affecting  .
Churning of Butter, Factors affecting .
 
Call Us -/9953056974- Call Girls In Vikaspuri-/- Delhi NCR
Call Us -/9953056974- Call Girls In Vikaspuri-/- Delhi NCRCall Us -/9953056974- Call Girls In Vikaspuri-/- Delhi NCR
Call Us -/9953056974- Call Girls In Vikaspuri-/- Delhi NCR
 
Study on Air-Water & Water-Water Heat Exchange in a Finned Tube Exchanger
Study on Air-Water & Water-Water Heat Exchange in a Finned Tube ExchangerStudy on Air-Water & Water-Water Heat Exchange in a Finned Tube Exchanger
Study on Air-Water & Water-Water Heat Exchange in a Finned Tube Exchanger
 
UNIT III ANALOG ELECTRONICS (BASIC ELECTRONICS)
UNIT III ANALOG ELECTRONICS (BASIC ELECTRONICS)UNIT III ANALOG ELECTRONICS (BASIC ELECTRONICS)
UNIT III ANALOG ELECTRONICS (BASIC ELECTRONICS)
 
young call girls in Rajiv Chowk🔝 9953056974 🔝 Delhi escort Service
young call girls in Rajiv Chowk🔝 9953056974 🔝 Delhi escort Serviceyoung call girls in Rajiv Chowk🔝 9953056974 🔝 Delhi escort Service
young call girls in Rajiv Chowk🔝 9953056974 🔝 Delhi escort Service
 
Concrete Mix Design - IS 10262-2019 - .pptx
Concrete Mix Design - IS 10262-2019 - .pptxConcrete Mix Design - IS 10262-2019 - .pptx
Concrete Mix Design - IS 10262-2019 - .pptx
 
HARMONY IN THE NATURE AND EXISTENCE - Unit-IV
HARMONY IN THE NATURE AND EXISTENCE - Unit-IVHARMONY IN THE NATURE AND EXISTENCE - Unit-IV
HARMONY IN THE NATURE AND EXISTENCE - Unit-IV
 
main PPT.pptx of girls hostel security using rfid
main PPT.pptx of girls hostel security using rfidmain PPT.pptx of girls hostel security using rfid
main PPT.pptx of girls hostel security using rfid
 
EduAI - E learning Platform integrated with AI
EduAI - E learning Platform integrated with AIEduAI - E learning Platform integrated with AI
EduAI - E learning Platform integrated with AI
 
What are the advantages and disadvantages of membrane structures.pptx
What are the advantages and disadvantages of membrane structures.pptxWhat are the advantages and disadvantages of membrane structures.pptx
What are the advantages and disadvantages of membrane structures.pptx
 
9953056974 Call Girls In South Ex, Escorts (Delhi) NCR.pdf
9953056974 Call Girls In South Ex, Escorts (Delhi) NCR.pdf9953056974 Call Girls In South Ex, Escorts (Delhi) NCR.pdf
9953056974 Call Girls In South Ex, Escorts (Delhi) NCR.pdf
 

Protecting Homebuyers

  • 1. THE SUBDIVISION AND CONDOMINIUM BUYERS‘ PROTECTIVE DECREE
  • 2. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES & OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 3. SALE OR SELL • Disposition or attempt to dispose of a subdivision lot for a valuable consideration • contract to sell • contract of purchase and sale • exchange • attempt to sell • option of sale or purchase • solicitation of a sale • offer to sell (directly, thru agent, circular, letter or ads) • Privilege given to members of cooperative, corporation, partnership, or any association • issuance of a certificate/receipt giving the right of participation in any land INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 4. Subdivision project a tract or a parcel of land: • registered under Act No. 496 • partitioned into individual lots (residential purposes) • offered to the public for sale (cash or in installment) Condominium project real property divided or to be divided for residential purposes into condominium purposes SUBDIVISION AND CONDOMINIUM PROJECT INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 5. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 6. HOUSING AND LAND USE REGULATORY BOARD REGULATE real estate trade and business (Sec 3) EXCLUSIVE JURISDICTION (a) Unsound real estate business practices; (b) Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, dealer, broker or salesman; and (c) Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman. What is covered by EXCLUSIVE JURISDICTION? In addition to powers provided for in PD No. 957, HLURB shall have exclusive jurisdiction to hear and decide cases of the ff. nature: (Section 1 of PD 1344) INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 7. NULLITY OF WAIVERS Any stipulation waiving the compliance with this Decree is void REPEALING CLAUSE All laws, executive orders, rules and regulations or part thereof inconsistent with the provisions of this Decree are repealed or modified accordingly. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 8. Delivery Outstanding Mortgage Fee ISSUANCE OF TITLE Upon full payment of the lot/unit, owner/developer shall deliver the title of the lot/unit to they buyer Owner/developer shall redeem the mortgage within 6 months from issuance of title to the buyer No fee except fees required for the registration of the deed of sale in the Registry of Deeds INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 9. ISSUANCE OF TITLE INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS • NHA extended to GOAL a loan for the construction of Gemini I Condominium • A "Contract Agreement" was entered into between GOAL and Matson International Corporation for the construction of the condominium within one (1) year • The Contractor abandoned the project with only 60% of it finished • GOAL offered the condominium units for sale with private respondents among its buyers • To remedy the situation brought about by the abandonment of the project, GOAL subsequently pursued the construction of the fifth floor with NHA granting additional funding on the condition that it would hold on to the condominium certificates of title of private respondents as collateral Case Facts Goal Inc. vs Court of Appeals Office Of The President Legal Affairs, Housing And Land Use Regulatory Board, Rizalino Simbillo, et al
  • 10. ISSUANCE OF TITLE INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS Upon full payment of a unit, seller loses all its right and interests to the unit in favor of the buyer. Consequently, it has no right to use the certificate of title of buyer as collateral for a new loan. The title of buyer must be released to him as provided by law. Decision Goal Inc. vs Court of Appeals Office Of The President Legal Affairs, Housing And Land Use Regulatory Board, Rizalino Simbillo, et al
  • 11. MORTGAGES If such lot or unit has a buyer • He will be notified before the release of the loan • He may pay installments directly to the mortgagee and the mortgagee will apply the payments to the indebtedness connected with the lot or unit Must first be approved by the HLURB in writing To be approved: proceeds of the loan must be used for development of condominium/subdivision project Loan value of each lot or unit covered by the mortgage shall be determined Rationale for the buyer to obtain title promptly after full payment of the lot or unit. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 12. MORTGAGES INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS Relevant Facts Delta Development and Management Services, Inc. (Delta) obtained a loan from the Luzon Development Bank (LDB) for the express purpose of developing a subdivision, executing in favor of the bank a real estate mortgage (REM) on several of their properties. Delta obtained a Certificate of Registration and a License to Sell from the HLURB after the loan transaction. In court, Delta argued that clearance was not required for mortgages that were constituted on a subdivision project prior to registration. According to DELTA, it did not violate the terms of its license because it did not obtain a new mortgage over the subdivision project. Luzon Development Bank, Petitioner, v. Angeles Catherine Enriquez, Respondent, G.R. No. 168646 Delta Development And Management Services, Inc., Petitioner, v. Angeles Catherine Enriquez And Luzon Development Bank, Respondents, G.R. No. 168666
  • 13. MORTGAGES INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS Issue Was the mortgage over the property valid? Answer There was no HLURB approval, thus rendering the mortgage void. It was held that all developers should obtain a clearance for mortgage from the HLURB, regardless of the date when the mortgage was secured, because the law does not distinguish. Having violated this legal requirement, Delta was held liable to pay the administrative fine. Also, due to the nullity of the mortgage, the bank’s loan of P8 million to Delta has effectively become unsecured. Luzon Development Bank, Petitioner, v. Angeles Catherine Enriquez, Respondent, G.R. No. 168646 Delta Development And Management Services, Inc., Petitioner, v. Angeles Catherine Enriquez And Luzon Development Bank, Respondents, G.R. No. 168666
  • 14. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 15. REGISTRATION OF PROJECTS For owners of a parcel of land who wishes to convert the same into a subdivision project Submit subdivision plan or condominium plan After approval, submit subdivision plan to Director of Lands and Condominium Plan to Register of Deeds 1 2 INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 16. LICENSE TO SELL Sellers must obtain a license to sell within 2 weeks after registering the condo/subd unit • Must be of good repute • financially stable • registration must not be fraudulent PERFORMANCE BOND adequate performance bond guaranteeing development, construction and maintenance of project INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 17. EXEMPT TRANSACTIONS EXEMPTIONS from requirement of a license to sell a) Sale resulting from the partition of land among co-owners and co-heirs. c) Sale by or for a mortgagee in the ordinary course of business when necessary to liquidate debt. b) Sale or transfer by the original purchaser and any subsequent sale. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 18. REGISTRATION OF DEALERS, BROKERS & SALESMEN Requirements for registration a.) Good reputation b.) Complied with all the applicable rules including any prescribed fees c.) File a bond or security Expiration and Renewal of Registration a.) Expiration is on December 31 of each year b.) Renewal shall be given upon written application (must be made within 30-60 before the first day of the subsequent year and any prescribed fees must be paid) c.) If filed beyond the prescribed period - treated as original applications. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 19. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 20. PHASES OF SUBDIVISION Owner/developer may divide the development and sale of subdivision into phases not less than 10 hectares Requirements in this Decree shall be imposed to on each phase INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 21. ADVERTISEMENTS Owner/Developer answerable to developments represented or promised • May be in any form • Must reflect real facts • Must not be presented so as to mislead or deceive the public Advertisements warranty enforceable solidarily INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 22. TIME OF COMPLETION For developments indicated in subdivision or condominium plans and advertised, time of completion is: • 1 year from date of issuance of license for the project • a period of time fixed by the HLURB INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 23. ALTERATION OF PLANS • Permitted by the HLURB and • Consented in writing by the homeowners’ association or in the absence thereof, the majority of the lot buyers in the subdivision Change or alterations INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 24. TAKE-OVER DEVELOPMENT If the owner/developer has refused/failed to develop or complete the development of the project Authority may take over or cause such development and completion The Authority may demand, collect and receive from the buyers the installment payments due, which shall be used for the development INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS
  • 25. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 26. NON-FORFEITURE OF PAYMENTS WHEN Failure of owner to develop subdivision or condominium project according to plan or within time limit. REMEDY Buyer may be reimbursed with total amount paid (including amortization interest) excluding delinquency interests, plus legal interest FAILURE TO PAY INSTALLMENTS For any other case of buyer’s failure to pay •rights covered by RA 6552 (Maceda Law) INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 27. RA 6552 (MACEDA LAW) INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION RIGHTS OF THE BUYER 1. Grace period (payment of unpaid installments without additional interest) – Less than two years of installments: 60 days grace period – At least two years: one month grace period per year of installment payments *grace period may only be exercised once every 5 years
  • 28. RA 6552 (MACEDA LAW) INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION RIGHTS OF THE BUYER 2. Refund of the Cash Surrender Value (CSV) of payments – Less than five years of installments: CSV = 50% of payments – Every year of installment payments in excess of 5 years: 5% additional CSV *CSV not to exceed 90% of total payments.
  • 29. RA 6552 (MACEDA LAW) INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION •If buyer fails to pay within grace period  seller may cancel the contract (contract to sell) or rescind the contract (contract of sale) •Actual cancellation is after 30 days from the buyer’s time of receipt of notice of cancellation or demand for rescission plus payment of CSV •Without return of CSV, rescission is incomplete and buyer may still pay unpaid installments
  • 30. REALTY TAX Real estate tax and assessment on a lot/unit Title has not passed to the buyer Buyer has taken possession of and occupied the lot/unit Paid by owner/ developer with- out recourse to the buyer Buyer is liable to the owner/developer for such tax and assessment effective the year following such taking of possession and occupancy INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 31. PROHIBITED • Fee for an alleged community benefit charged by the owner/developer AUTHORIZED COLLECTOR • Properly organized homeowners association REQUIREMENTS • Fees to finance services for common comfort, security and sanitation • consent of a majority of the lot/unit buyers residing in the subdivision/condo OTHER CHARGES INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 32. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 33. ACCESS TO PUBLIC OFFICES IN SUBDIVISIONS No owner/developer shall deny any person free access to any government office or public establishment located within the subdivision or which may be reached only by passing through the subdivision RIGHT OF WAY TO PUBLIC ROAD The owner/developer must secure a right of way to a public road or street INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 34. If there is a street, passageway or required open space delineated on a complex subdivision plan, the Register of Deeds shall annotate on the new certificate of title covering the street, passageway or open space a memorandum that: PUBLIC AND OPEN SPACES General Rule No portion of such shall be closed or otherwise disposed of by the registered owner Exception • Obtaining the requisite approval as provided under Section 22, or • Donation in favor of a city or municipality INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 35. DONATIONS OF ROADS & OPEN SPACES TO LOCAL GOV’T Owner/developer of the subdivision or condominium may donate roads and open spaces to the city or municipality where the project is located After the donation The area donated shall not be converted to other purposes unless the Authority approves so after a hearing INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 36. Sec. 2. Amendment of Section 31 of this Decree Owner/developer is required to donate adequate roads, alleys and sidewalks to the city/municipality and the local gov’t must accept it. Owner/developer may also donate it to Homeowners Association of the project if approved by the city/municipality. If 1ha or more, 30% of gross area shall be reserved for open space. AMENDMENTS BY PD 1216 INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 37. REGISTERS OF SUBDIVISION LOTS & CONDOMINIUM UNITS • Maintained by the Authority • Open to public inspection subject to such reasonable rules by the Authority Record of subdivision lots and condominium units INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 38. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 39. VIOLATIONS OF PD957 Sanctions for Violating PD 957 Either: Jurisdiction Either: 1.) HLURB – for Administrative aspect 2.) Fiscal’s office – for Criminal aspect 3.) Civil Courts – if there is a finding of probable cause for criminal action Where the violator is a partnership or corporation? The liability extends to controlling persons. To carry administrative and criminal penalties 1 Administrative Sanction - not exceeding Ten Thousand Pesos Penal Sanction - not exceeding Twenty Thousand Pesos and/or imprisonment of not more than 10 years 2 INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 40. OTHER REMEDIES Rights and remedies provided shall be in addition to any and all other rights and remedies that may be available under existing laws INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 41. SUSPENSION OF LICENSE TO SELL Grounds for immediate suspension of license to sell a.) Verified complaint subject to further investigation and hearing b.) Fraudulent information in the registration INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 42. REVOCATION OF REGISTRATION CERTIFICATE & LICENSE TO SELL • Insolvent • Violated any provision of this Decree or any applicable rule • Engaged in fraud • Misrepresented in any literature abut the project which is given to prospective buyers • Bad business representation • Does not conduct business in accordance with the law For partnership/corporation/unincorporated association Any member/officer/director is guilty of any act of omission which would cause revocation of a dealer/broker/salesman (Sec. 11) EVIDENCE that owner or dealer is/has How to start? Trigger Points Issuing an order • Motu proprio, or • Verified complaint filed by a buyer INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 43. REVOCATION OF REGISTRATION OF DEALERS, BROKERS & SALESMEN a.) Violation of any provision b.) Material misstatement in application c.) Fraudulent act d.) Demonstrated unworthiness to transact the business e.) For salesmen, give Notice to broker or dealer Pending hearing, CAN order suspension of the registration - indicate cause Grounds for revocation INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 44. INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 45. HEARING Either: • copy of the complaint against him, or • notified in writing Notice • Before the officer/s designated by the Authority, on the date and place in the notice • Non-litigious, summary in nature Nature of proceeding Venue • Rules of Court shall not apply, except: o By analogy or in a suppletory character, and o Whenever practicable and convenient INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 46. DECISION The Decision may order the: 1. Revocation of the registration of the subdivision or condominium project 2. Suspension, cancellation, or revocation of the license to sell, and/or 3. Forfeiture, in whole or in part, of the performance bond mentioned in Section 6 Immediately executory and final after 15 days from the date of receipt of the Decision Within 30 days from the time submitted for decision forfeiture INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 47. CEASE AND DESIST ORDER Provided There is due notice and hearing, as provided in Section 13 To whom any person who appears to be engaged or about to engage in any act or practice which constitutes or will constitute a violation of the provisions of this Decree INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 48. ORGANIZATION OF HOMEOWNERS ASSOCIATION owner/developer shall initiate the organization of a homeowner’s association among the buyers and residents INTRODUCTION REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION
  • 49. PRESIDENTIAL DECREE NO. 957 The Subdivision and Condominium Buyers‘ Protective Decree

Editor's Notes

  1. Change mo to. Lagay mo na as amended by PD 1344, HLURB na ‘yung exclusive jurisdiction; and ilagay mo ‘yung specifics kung ano ‘yung covered ng exclusive jurisdiction
  2. Change if such a lot or unit has a buyer to BUYER: Tapos tangallin yung mga HE
  3. Change if such a lot or unit has a buyer to BUYER: Tapos tangallin yung mga HE
  4. Change if such a lot or unit has a buyer to BUYER: Tapos tangallin yung mga HE
  5. *magdadagdag*
  6. Check first paragraph of this section 