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 PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

SUBDIVISION AND CONDOMINIUM PROJECT

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

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

HOUSING AND LAND USE REGULATORY BOARD

EXCLUSIVE JURISDICTION
REGULATE
real estate trade and business (Sec 3)
INTRODUCTION

What is covered by EXCLUSIVE JURISDICTION?

REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

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)

(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.

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

NULLITY OF WAIVERS
Any stipulation waiving the compliance with this Decree is void
INTRODUCTION

REPEALING CLAUSE
REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

All laws, executive orders, rules and regulations or part thereof inconsistent with the provisions of this Decree are repealed or modified accordingly.

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

ISSUANCE OF TITLE

INTRODUCTION

Delivery

REGULATING AGENCY

Upon full payment of the lot/unit, owner/developer shall deliver the title of the lot/unit to they buyer

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

Outstanding Owner/developer shall redeem the mortgage within 6 months Mortgage Fee

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

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

ISSUANCE OF TITLE
Goal Inc. vs Court of Appeals Office Of The President Legal Affairs, Housing And Land Use Regulatory Board, Rizalino Simbillo, et al
INTRODUCTION

Case Facts
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

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

ISSUANCE OF TITLE
Goal Inc. vs Court of Appeals Office Of The President Legal Affairs, Housing And Land Use Regulatory Board, Rizalino Simbillo, et al
INTRODUCTION

Decision 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.

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

MORTGAGES
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 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 Rationale

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

for the buyer to obtain title promptly after full payment of the lot or unit.

MORTGAGES
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 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.

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

MORTGAGES
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 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 banks loan of P8 million to Delta has effectively become unsecured.

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

REGISTRATION OF PROJECTS
For owners of a parcel of land who wishes to convert the same into a subdivision project
INTRODUCTION

1
REGULATING AGENCY REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

Submit subdivision plan or condominium plan

After approval, submit subdivision plan to Director of Lands and Condominium Plan to Register of Deeds

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

LICENSE TO SELL
Sellers must obtain a license to sell within 2 weeks after registering the condo/subd unit
INTRODUCTION

REGULATING AGENCY

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

Must be of good repute financially stable registration must not be fraudulent

PERFORMANCE BOND adequate performance bond

guaranteeing development, construction and maintenance of project

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

EXEMPT TRANSACTIONS
EXEMPTIONS
INTRODUCTION

from requirement of a license to sell

REGULATING AGENCY

a) Sale resulting from the partition of land among co-owners and co-heirs.
b) Sale or transfer by the original purchaser and any subsequent sale. c) Sale by or for a mortgagee in the ordinary course of business when necessary to liquidate debt.

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

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 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

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 PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

ADVERTISEMENTS
Advertisements
INTRODUCTION

REGULATING AGENCY

May be in any form Must reflect real facts Must not be presented so as to mislead or deceive the public Owner/Developer answerable to developments represented or promised

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

warranty enforceable solidarily

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

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 PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

ALTERATION OF PLANS
Change or alterations
INTRODUCTION

REGULATING AGENCY

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

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

TAKE-OVER DEVELOPMENT
If the owner/developer has refused/failed to develop or complete the development of the project
INTRODUCTION

REGULATING AGENCY

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

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

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

INTRODUCTION

REGULATING AGENCY

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

FAILURE TO PAY INSTALLMENTS

For any other case of buyers failure to pay rights covered by RA 6552 (Maceda Law)

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

RA 6552 (MACEDA LAW)

INTRODUCTION

REGULATING AGENCY

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

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

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.

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

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 buyers 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

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

REALTY TAX
Real estate tax and assessment on a lot/unit
Title has not Buyer has taken passed to the possession of and occupied the lot/unit buyer Paid by owner/ developer without 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

OTHER CHARGES
PROHIBITED Fee for an alleged community benefit charged by the owner/developer AUTHORIZED COLLECTOR Properly organized homeowners association

INTRODUCTION

REGULATING AGENCY

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

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

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

INTRODUCTION

REGULATING AGENCY

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

RIGHT OF WAY TO PUBLIC ROAD

The owner/developer must secure a right of way to a public road or street

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

PUBLIC AND OPEN SPACES

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:
General Rule

INTRODUCTION

REGULATING AGENCY

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

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

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

DONATIONS OF ROADS & OPEN SPACES TO LOCAL GOVT

INTRODUCTION

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

REGULATING AGENCY

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

The area donated shall not be converted to other purposes unless the Authority approves so after a hearing

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

AMENDMENTS BY PD 1216
Sec. 2. Amendment of Section 31 of this Decree
INTRODUCTION

REGULATING AGENCY

Owner/developer is required to donate adequate roads, alleys and sidewalks to the city/municipality and the local govt 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.

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

INTRODUCTION

Record of subdivision lots and condominium units

Maintained by the Authority Open to public inspection subject to such reasonable rules by the Authority

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:
INTRODUCTION

1
2

Administrative Sanction - not exceeding Ten Thousand Pesos Penal Sanction - not exceeding Twenty Thousand Pesos and/or imprisonment of not more than 10 years

REGULATING AGENCY

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

Where the violator is a partnership or corporation?

The liability extends to controlling persons. To carry administrative and criminal penalties

Jurisdiction
VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

Either: 1.) HLURB for Administrative aspect 2.) Fiscals office for Criminal aspect 3.) Civil Courts if there is a finding of probable cause for criminal action

OTHER REMEDIES
Rights and remedies provided
INTRODUCTION

shall be in addition to any and all other rights and remedies that may be available under existing laws

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
INTRODUCTION

a.) Verified complaint subject to further investigation and hearing b.) Fraudulent information in the registration

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

Trigger Points
Motu proprio, or Verified complaint filed by a buyer
INTRODUCTION

How to start? Issuing an order

REGULATING AGENCY

EVIDENCE that owner or dealer is/has

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

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

Any member/officer/director is guilty of any act of omission which would cause revocation of a dealer/broker/salesman (Sec. 11)

REVOCATION OF REGISTRATION OF DEALERS, BROKERS & SALESMEN

Grounds for revocation

INTRODUCTION

REGULATING AGENCY

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

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

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
Notice Either: copy of the complaint against him, or notified in writing Venue Before the officer/s designated by the Authority, on the date and place in the notice Nature of proceeding
Non-litigious, summary in nature 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
Within 30 days from the time submitted for decision
INTRODUCTION

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

REGULATING AGENCY

REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

forfeiture
Immediately executory and final after 15 days from the date of receipt of the Decision

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

CEASE AND DESIST ORDER

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 Provided
REGISTRATION AND LICENSE TO SELL COMPLETION OF PROJECTS AND ALTERATIONS PAYMENTS, REALTY TAXES AND OTHER EXPENSES PUBLIC CONCERNS

INTRODUCTION

REGULATING AGENCY

There is due notice and hearing, as provided in Section 13

VIOLATIONS OF PD NO. 957 PROCEDURES FOR REVOCATION

ORGANIZATION OF HOMEOWNERS ASSOCIATION

INTRODUCTION

owner/developer shall initiate the organization of a homeowners association among the buyers and residents

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