What is Presidential Decree-957? Ang PD -957 ay batas na binuo nuong panahon pa ni Ferdinand Marcos at ganito ang sinasabi:
Regulating the Sale of Subdivision Lots and Condominiums, Providing Penalties for Violations Thereof
WHEREAS, It is the policy of the State to afford its inhabitants the requirement of decent human settlement and to provide them with ample opportunities for improving their quality of life;
WHEREAS, numerous reports reveal that many real estate subdivision owners, developers, operators and or/sellers have reneged of their representations and obligations to provide and maintain properly subdivision roads, drainage, sewerage, water system, and other similar basic requirements, thus endangering the health and safety of home and lot buyers;
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;
WHEREAS, these acts only undermine the land and housing program of the government but also defeat the objectives of the New Society, particularly the promotion of peace and order and the enhancement of the economic, social and moral condition of the Filipino people;
WHEREAS, this state of affairs has rendered it imperative that the real estate subdivision and condominium businesses be closely supervised and regulated, and that penalties be imposed on fraudulent practices and manipulations committed in connection therewith,
Iyan ang mga dahilan kung bakit nabuo ang PD-957,upang mapangalagaan ang mga bumibili ng lupa laban sa mga palpak na developer.
Well, paano naman kung despite na may ganitong batas ay mayroon parin balasubas na developer, PAANO ANG GAGAWIN NG NALOKONG BUYER?
Pwedeng mag file ng complaint sa HLURB, sa Title IV, Section 13 ay ganito ang sinasabi:
" HEARING - In the hearing for determining the existence of any ground or grounds for the suspension and/or revocation of registration certificate and license to sell as provided in Section 8 & 9 hereof, the following shall be complied with:
a. Notice - No such hearing shall proceed unless the respondent is furnished with a copy of the complaint against him or is notified in writing of the purpose of such hearing.
b. Venue - The hearing may be held before the offices or officers designated by the Authority on the date and place specified in the notice.
c. Nature of proceedings - The proceedings shall be non-litigious and summary in nature without regard to legal technicalities obtaining in courts of law. The rules of Court shall not apply in said hearing except by analogy or in a suppletory character and whenever practicable and convenient.
d. Power incidential to the hearings - For the purpose of the hearing or other proceedings under this Decree the officer or officers designated to hear the complaint shall have the power to administer oath, subpoena witnesses, conduct ocular inspections; take depositions, and require the production of any book, paper, correspondence, memorandum or other record which are deemed relevant or material to the inquiry."
Kahit sino pong naagrabyadong buyer ay pwedeng mag file ng reklamo, but of course, kelangan kumpleto sya sa documentary evidence. Napaka importante ng maitago ninyo ang mga papeles kaugnay ng bilihan. Ang mga developer ay di agad nagbibnigay ng Contract to Sell at ang katwiran nila ay ipapa-notaryo pa. Gawa agad kau ng copy bago nyo isoli sa kanila ang kontrata.
Balikan po natin ang Section 4 & 5. Ito po ay tungkol sa registration at license to sell. Marami na ang nagtanong sa akin paano daw malalaman kung my license to sell na ang isang subd. Unahin muna natin ang Section 4 - Registration of Projects - The registered owner of parcel of land who wishes to convert the same into a subdivision project shall submit his subdivision plan to the Authority which shall act upon and approve the same, upon a finding that the plan complies with the Subdivision Standards and Regulations enforceable at the time the plan is submitted. The same procedure shall be followed in the case of a plan for a condominium project except that, in addition, said Authority shall act upon and approve the plan with respect to the building or buildings included in the condominium project in accordance with the National Building Code )R.A.No. 6541.
The subdivision plan, as so approved, shall then be submitted to the Director of Lands for approval in accordance with the procedure prescribed in Section 44 of the Land Registration Act (Act No. 496, as amended by R.A. No. 440): Provided, that IN CASE OF COMPLEX SUBDIVISION PLANS, COURT APPROVAL SHALL NO LONGER BE REQUIRED. The condominium plan, as likewise so approved, shall be submitted to the Register of Deeds of the province or city in which the property lies and the same shall be acted upon subject to the conditions and in accordance with the procedure prescribed in Section 4 of the Condominium Act (R,A, No. 4726).
The owner of the real estate dealer interested in the sale of lots or units, respectively, in such subdivision project or condominium project shall register the project with the Authority by filing therewith a sworn registration statement containing the following information:
May mga alintuntunin ang mga developer sa pag file ng license to sell na dapat sundin at hindi ko na inilagay kasi sa developer lang yun. kung hindi sila makakasunod duon ay hindi sila isyuhan ng license to sell.
SECTION 5- License to Sell. - Such owner or dealer to whom has been issued a registration certificate shall not, however, be authorized to sell any subdivision lot or condominium unit in the registered project unless shall have first obtained a license to sell the project within two weeks from the registration of such project.
The Authority, upon proper application therefor, shall issue to such owner or dealer of a registered project a license to sell that project if, after an examination statement filled by said owner or dealer and all the pertinent documents attached hereto, he is convinced that the owner or dealer is of good repute, that his business is financially stable, and that the proposed sale of the subdivision lots or condominium units to the public would not be fraudulent.
Malinaw ang sabi ng batas na hindi pwedeng magbenta ang isang subdivision kung wala pa silang license to sell. Pag sila ay nagbenta o yung tinatawag na pre-selling, problema na nila yun kung dumating ang panahong may mag reklamo, sure talo sila sa kaso.
Madami ang mga sections ang mahalagang malaman pero sa next issue ko na lang isulat, tulad ng time of completion, mortgages at non-forfeiture of payments. Sa last week ng March ko i-post kaya abangan nyo na lang at ang haba kasi..
Kung meron na kayong katanungan ay e-mail kayo sa jv7lands@yahoo.com and jobaltazar2000@yahoo.com or call or text sa 0916-734-1637 sa globe at ang sun ay 0932-1138-538
Meron ng mga na-revised na batas or addendum sa PD 957 but as of now ay wala akong copy kaya di ko maisulat dito.
to be continued . . . . .
1 comment:
hello! ito po, baka makatulog:
PRESIDENTIAL DECREE No. 1216
DEFINING "OPEN SPACE" IN RESIDENTIAL SUBDIVISIONS AND AMENDING SECTION 31 OF PRESIDENTIAL DECREE NO. 957 REQUIRING SUBDIVISION OWNERS TO PROVIDE ROADS, ALLEYS, SIDEWALKS AND RESERVE OPEN SPACE FOR PARKS OR RECREATIONAL USE
WHEREAS, there is a compelling need to create and maintain a healthy environment in human settlements by providing open spaces, roads, alleys and sidewalks as may be deemed suitable to enhance the quality of life of the residents therein;
WHEREAS, such open spaces, roads, alleys and sidewalks in residential subdivision are for public use and are, therefore, beyond the commerce of men;
WHEREAS, pursuant to Presidential Decree No. 953 at least thirty percent (30%) of the total area of a subdivision must be reserved, developed and maintained as open space for parks and recreational areas, the cost of which will ultimately be borne by the lot buyers which thereby increase the acquisition price of subdivision lots beyond the reach of the common mass;
WHEREAS, thirty percent (30%) required open space can be reduced to a level that will make the subdivision industry viable and the price of residential lots within the means of the low income group and at the same time preserve the environmental and ecological balance through rational control of land use and proper design of space and facilities;
WHEREAS, pursuant to Presidential Decree No. 757, government efforts in housing, including resources, functions and activities to maximize results have been concentrated into one single agency, namely, the National Housing Authority;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:
Section 1. For purposes of this Decree, the term "open space" shall mean an area reserved exclusively for parks, playgrounds, recreational uses, schools, roads, places of worship, hospitals, health centers, barangay centers and other similar facilities and amenities.
Section 2. Section 31 of Presidential Decree No. 957 is hereby amended to read as follows:
"Sec. 31. Roads, Alleys, Sidewalks and Open spaces. The owner as developer of a subdivision shall provide adequate roads, alleys and sidewalks. For subdivision projects one (1) hectare or more, the owner or developer shall reserve thirty percent (30%) of the gross area for open space. such open space shall have the following standards allocated exclusively for parks, playgrounds and recreational use:
(a) 9% of gross area for high density or social housing (66 to 100 family lot per gross hectare).
(b) 7% of gross area for medium-density or economic housing (21 to 65 family lot per gross hectare).
(c) 3.5 % of gross area low-density or open market housing (20 family lots and below per gross hectare).
These areas reserved for parks, playgrounds and recreational use shall be non-alienable public lands, and non-buildable. The plans of the subdivision project shall include tree planting on such parts of the subdivision as may be designated by the Authority.
Upon their completion as certified to by the Authority, the roads, alleys, sidewalks and playgrounds shall be donated by the owner or developer to the city or municipality and it shall be mandatory for the local governments to accept provided, however, that the parks and playgrounds may be donated to the Homeowners Association of the project with the consent of the city or municipality concerned. No portion of the parks and playgrounds donated thereafter shall be converted to any other purpose or purposes.
Section 3. Sections 2 and 5 of Presidential Decree No. 953 are hereby repealed and other laws, decrees, executive orders, institutions, rules and regulations or parts thereof inconsistent with these provisions are also repealed or amended accordingly.
Section 4. This Decree shall take effect immediately.
DONE in the City of Manila, this 14th day of October, in the year of Our Lord, nineteen hundred and seventy-seven.
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