a topic in Remedial Law

1. JURISDICTION OF THE NATIONAL
HOUSING AUTHORITY
> The scope of the regulatory authority of the National Housing Authority is
indicated in the second and third paragraph of the preamble
o WHEREAS, subdivision owners, developers, operators, and/or sellers have
reneged on their representations and obligations to provide and maintain
properly subdivision roads, drainage, sewerage, water systems, lighting
systems, and other similar basic requirements, thus endangering the health
and safety of home and lot buyers;
o WHEREAS, reports of alarming magnitude also show cases of swindling
and fraudulent manipulations perpetrated by unscrupulous subdivision and
condominium sellers and operators, such as failure to deliver titles to the
buyers or titles free from liens and encumbrances, and to pay real estate
taxes, and fraudulent sales of the same subdivision lots to different innocent
purchasers for value;
> Presidential Decree 1344 was passed providing—
o The National Housing Authority shall have exclusive jurisdiction to hear and
decide cases of the following nature:
> Unsound real estate businesses
> Claims involving refund and any other claims filed by subdivision lot or
condominium unit buyer against the project owner, developer, broker or
salesman, and
> 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.
o The decision of the National Housing Authority shall become final and
executory 15 days from the date of its receipt. It is appealable only to the
President of the Philippines and in the event the appeal is filed and the
decision isn’t reversed and/or amended within 30 days, the decision is
deemed affirmed. Proof of the appeal of the decision must be furnished the
National Housing Authority.
> On the issue of affirmance-by-inaction failure on the part of the President to
act upon an appeal doesn’t necessarily mean that the appealed decision
automatically becomes final and executory. Access to the courts of law may
still be made as mentioned above. Therefore, such decision is far from being
final and executory.
FUNCTIONS OF THE National Housing Authority
NOW TRANSFERRED TO THE Housing and Land
Use Regulatory Board
> The regulatory functions of the NHA are now transferred to the HLURB
such as jurisdiction over unsound real estate businesses and claims involving
refund and any other claims filed by subdivision lot or condominium unit buyer
against the project owner, developer, broker or salesman
> The functions of the Human Settlements Regulatory Commission— sole
regulatory body for housing and land development—are transferred also to
the HLURB
SPECIFIC FUNCTIONS OF THE Housing and Land
Use Regulatory Board
1. Unsound real estate businesses

2. 2. Claims involving refund and any other claims filed by subdivision lot or
condominium unit buyer against the project owner, developer, broker or
salesman, and
3. 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.
WRIT OF EXECUTION
> As soon as the decision of the Housing and Land Use Regulatory Board
becomes final, it shall, on motion of the interested party, issue a writ of
execution enforceable in accordance with the provisions of the Rules of Court
> Upon the failure of the Housing and Land Use Regulatory Board to act on
the motion, a petition for mandamus may be filed to compel it to perform its
purely ministerial duty by enforcing its final and executory decision
COURT HAS JURISDICTION WHEN ISSUE INVOLVES OWNERSHIP OF
PROPERTY
ORDINARY COURTS DON’T HAVE JURISDICTION OVER COLLECTION
OF UNPAID INSTALLMENTS
SUMMARY OF CASES OR INCIDENTS WHERE Housing and Land Use
Regulatory Board HAS JURISDICTION (FAJARDO V. BAUTISTA)
1. For a determination of the rights of the parties under a contract to sell a
subdivision lot
2. For the delivery of title against the subdivision owner
3. For the refund of reservation fees for the purchase of subdivision lot
4. For specific performance filed by the lot buyer against the seller of a
subdivision lot
5. For the annulment of the mortgage constituted by the project owner without
the buyer’s consent, the mortgage foreclosure sale, and the condominium
certificate of title issued to the highest bidder at the said foreclosure sale
6. For the collection of the balance of the unpaid purchase price of a
subdivision lot filed by the developer of a subdivision against the lot buyer
7. For incidental claims for damages