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Lot problem with Filinvest (The Glens - San Pedro Laguna)

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cedric.kitkat


Arresto Menor
Hi,

I need help and advice for the lot property that I purchased from Filinvest.

Last 2010, I acquired a property from Filinvest project (The Glens at Parksping - San Pedro Laguna) with installment payment for 3 years. As of now I almost fully paid the said property and planning to build my house. I requested from Filinvest for all of the legal documents including the permit/clearance (copy of TCT with annotation that I didn't notice and I don't care since I'm newbie acquiring property) allowing me to build the house.

A problem arise, when I submitted the copy of TCT title to the bank (hsbc and east west) for assessment. They'd inform me that the lot property has a problem, a pending case with Brittany Corp (annotated in the TCT).

I sent a letter to Filinvest questioning about the problem with my property. They informed me that they already won in the case and they're just waiting for the decision from Supreme Court but until now they can't give commitment for the clean title.

Question is: Can I demand from Filivest to cancel the contract and return all the payment that i made since I can't use the property and they violated the rules stated in the "contract to sell"
1. “The SELLER warrants and guarantees (a) that the title to the PROPERTY is valid and free from liens and encumbrances,"
2. Sold the property with known problem.

If yes, what is the next legal step that I can do. Thank you.







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inquire_legal


Arresto Menor
hi,
I have the same problem with same seller, I am currently paying for the lot at Park spring but Filinvest can't provide me the copy of the TCT, they are always telling that it is for process, it has been six months already of constant follow up.
Kindly, send us you legal advice if it is possible to demand cancellation of contract and refund of payments.

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jekz


Prision Mayor
File a complain letter to HLURB

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4 follow up on Wed Jun 25, 2014 1:27 pm

mines


Arresto Menor
inquire_legal wrote:hi,
I have the same problem with same seller, I am currently paying for the lot at Park spring but Filinvest can't provide me the copy of the TCT, they are always telling that it is for process, it has been six months already of constant follow up.
Kindly, send us you legal advice if it is possible to demand cancellation of contract and refund of payments.
hi po ..my situation dn po ako sa filinvest,antagal nla ibalik ung refund po sa lote na kinancel ko..ask ko lng po kung ano po gnwa nyo para mkuha ung refund..thank u po

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Ch1ckb01


Arresto Menor
Hi,

May problem din po ako sa Filinvest, bali nag purchase po ako ng Lot sa Montebello Calamba Laguna last 2008. It so happen na nawalan ako ng trabaho last Jan 2014 but I manage to pay my contribution up to march 2014. Since I already lack of budget pumunta po ako sa Filinvest Office sa Filinvest Alabang to ask some advice dahil di ako makakbayad for the month of April. Nag decide ako na mag tanong kung pwede ako mag file ng refund and they advise me to send a letter for refund.  Then after a week pumunta po ako sa Filinvest Office sa Filinvest Alabang to file a letter for quotation for refund.  Nag pa quote po ako kung magkano ko pwede marefund yung nahulog ko which is 700K for 5 years up to date ( 3 month to process ).  After a month ( May ) may tumawag po sakin sa Cellphone, Lea ang pangalan na may quotations na I could refund a value of 249K at tinanong ako kung I tutuloy ko yung refund. Then I said YES please,  kasi I need it since pregnant ang missis ko at due date nya this Sept.  Nag follow up ako ng refund ko last July 2014 regarding my refund then ang sabi sakin is entitle lang daw ako for 20K refund. Ayun lang daw ang na approve ng approving/council department nila, ang sabi ko subrang liit naman ata nun compare sa quotations mo na binigay sakin. Then ang sabi ni Lea is I rereapply nya day ulit sa council yung request ko. Nag follow up po ulit ako this Aug, denied daw yung nireapply ko and they can only give 20K.  So, since di na ako nakakpag bayad mula April - Aug may 5 months akong unpaid ( mostly 50K ), this is due to the processing of my refund.

Pupunta po ako sa Filinvest Main office to have a copy of the quotations and my contract.

Anu po ba ang dapat ko gawin? Pa advice naman po. Maraming Salamat!

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MissTeezah


Arresto Menor
Hi All,

I had the same issue with Filinvest The Glens at Parkspring at Phase 3. Unknowingly, the sales manager whom I entrust my reservation did not inform me that phase 3 has no individual title yet and no contract to sell based on HLURB website. So when I'm about to finish my 10% downpayment, I was informed by her sales agent that there's a problem with this particular phase, banks will not approve my loan application because of no individual title. So I made my own investigation and found out several issues with this particular phase. I called their Head of Sales and inform them of the outcome of my investigation and demand that they intentionally sold this to me knowing the state of this phase, they are claiming that they just knew about this issue so that's why they informed me late which I didn't believe.

To make the long story short, they provide me options, one is transferring to a new phase and another 1 is refunding all my payment which will take a long time. So I opt for transfer unit, they gave me several options from phase 4, phase 2A, phase 2B, all that I chose were already reserved so I get freaking mad again and demand once more, I spoke with their aftersales head Leah Rodriguez and demanded to fix this asap or else I will file a case at HLURB. I think they got alarmed on this because I knew that they don't have license to sell for Phase 3. She then together with the sales agent provide me an available unit with lower cost per sqms.

I was able to acquire a much bigger lot area with almost the same price of my previous unit in phase 3 (inner unit).

Although this process is a painful one as it gives us disappointments, time and money spent going to site visiting the location (brought our own car) but I guess the transfer was worth it. Villar is now going to develop the location into a A Vista City and Daang Hari Expressway link is on its way, this location will be the best spot and will likely increase its value.

As for those who opt to refund their money after paying for more than 2 years, you are entitle to refund half of your payment based on Maceda Law (please research for further details) and do not just agree to get 20K out of your 500K hard earned money.

I noticed that if you don't force them or demand with them and just let them wait for their updates, they will not give you their full attention. I also suggest that all conversations be documented via e-mail to ensure that you have proof in case they will suddenly changed their minds.

So far, my loan application is on process and looking forward to have a smooth transaction this time.

Cheers to a good family life for all of us. Just reply here in case you have few questions, I can help you with what I did and who you will get in touch to because I had a lot of e-mail conversations with them and phone calls Smile)

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MissTeezah


Arresto Menor
Ch1ckb01 wrote:Hi,

May problem din po ako sa Filinvest, bali nag purchase po ako ng Lot sa Montebello Calamba Laguna last 2008. It so happen na nawalan ako ng trabaho last Jan 2014 but I manage to pay my contribution up to march 2014. Since I already lack of budget pumunta po ako sa Filinvest Office sa Filinvest Alabang to ask some advice dahil di ako makakbayad for the month of April. Nag decide ako na mag tanong kung pwede ako mag file ng refund and they advise me to send a letter for refund.  Then after a week pumunta po ako sa Filinvest Office sa Filinvest Alabang to file a letter for quotation for refund.  Nag pa quote po ako kung magkano ko pwede marefund yung nahulog ko which is 700K for 5 years up to date ( 3 month to process ).  After a month ( May ) may tumawag po sakin sa Cellphone, Lea ang pangalan na may quotations na I could refund a value of 249K at tinanong ako kung I tutuloy ko yung refund. Then I said YES please,  kasi I need it since pregnant ang missis ko at due date nya this Sept.  Nag follow up ako ng refund ko last July 2014 regarding my refund then ang sabi sakin is entitle lang daw ako for 20K refund. Ayun lang daw ang na approve ng approving/council department nila, ang sabi ko subrang liit naman ata nun compare sa quotations mo na binigay sakin. Then ang sabi ni Lea is I rereapply nya day ulit sa council yung request ko. Nag follow up po ulit ako this Aug, denied daw yung nireapply ko and they can only give 20K.  So, since di na ako nakakpag bayad mula April - Aug may 5 months akong unpaid ( mostly  50K ), this is due to the processing of my refund.

Pupunta po ako sa Filinvest Main office to have a copy of the quotations and my contract.

Anu po ba ang dapat ko gawin? Pa advice naman po. Maraming Salamat!

Sir I would suggest you demand more. Or better sell your property to buyers kahit mas mababa ng konte sa binayaran mo kumpara naman sa makukuha mong 20K. Pero insist your right as a buyer under Maceda Law. It will supersede your contract with Filinvest basta nag fall ka sa eligibility ng Maceda law. I will quote here yung right mo.

Search mo na lang sa google yung Maceda law, I can't paste the link here.

(b) If the contract is canceled, the seller shall refund to the buyer the cash surrender value of the payments on the property equivalent to fifty per cent of the total payments made, and, after five years of installments, an additional five per cent every year but not to exceed ninety per cent of the total payments made: Provided, That the actual cancellation of the contract shall take place after thirty days from receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act and upon full payment of the cash surrender value to the buyer.

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dodingdaga


Arresto Menor
My pareho po tayong problema Ch1ckb01 sa aldea real nman po kmi nkakuha maganda po pumunta kayo ng hlurb calamba pra hingi legal advice mgresearch din po kyo. Dpat po ntitled kyo sa 50% refund ms ok kung mgfile kyo complaint sa hlurb po.

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9 Exactly The Same Problem on Tue Sep 30, 2014 12:10 pm

kmbeltran18


Arresto Menor
MissTeezah wrote:Hi All,

I had the same issue with Filinvest The Glens at Parkspring at Phase 3. Unknowingly, the sales manager whom I entrust my reservation did not inform me that phase 3 has no individual title yet and no contract to sell based on HLURB website. So when I'm about to finish my 10% downpayment, I was informed by her sales agent that there's a problem with this particular phase, banks will not approve my loan application because of no individual title. So I made my own investigation and found out several issues with this particular phase. I called their Head of Sales and inform them of the outcome of my investigation and demand that they intentionally sold this to me knowing the state of this phase, they are claiming that they just knew about this issue so that's why they informed me late which I didn't believe.

To make the long story short, they provide me options, one is transferring to a new phase and another 1 is refunding all my payment which will take a long time. So I opt for transfer unit, they gave me several options from phase 4, phase 2A, phase 2B, all that I chose were already reserved so I get freaking mad again and demand once more, I spoke with their aftersales head Leah Rodriguez and demanded to fix this asap or else I will file a case at HLURB. I think they got alarmed on this because I knew that they don't have license to sell for Phase 3. She then together with the sales agent provide me an available unit with lower cost per sqms.

I was able to acquire a much bigger lot area with almost the same price of my previous unit in phase 3 (inner unit).

Although this process is a painful one as it gives us disappointments, time and money spent going to site visiting the location (brought our own car) but I guess the transfer was worth it. Villar is now going to develop the location into a A Vista City and Daang Hari Expressway link is on its way, this location will be the best spot and will likely increase its value.

As for those who opt to refund their money after paying for more than 2 years, you are entitle to refund half of your payment based on Maceda Law (please research for further details) and do not just agree to get 20K out of your 500K hard earned money.

I noticed that if you don't force them or demand with them and just let them wait for their updates, they will not give you their full attention. I also suggest that all conversations be documented via e-mail to ensure that you have proof in case they will suddenly changed their minds.

So far, my loan application is on process and looking forward to have a smooth transaction this time.

Cheers to a good family life for all of us. Just reply here in case you have few questions, I can help you with what I did and who you will get in touch to because I had a lot of e-mail conversations with them and phone calls Smile)

Hi, we had this exact same problem yesterday
ang problem pa, yung ate ko na bumili na lot ay umuwi lang from abroad para sana magpagawa na ng bahay
tapos ganito ang dadatnan naming problema sa filinvest office
si leah rodriguez din yung kumausap sa min, and she seems not concerned at all, nakakainit ng ulo Sad
limited days lang vacation ng ate ko, kaya sobrang stress talaga sya ngayon...

we'd also like to document our communications with Filinvest, kindly help advise kanino po kami magi-email ng concerns.
Thank you po sa help.

MissTeeZah, i need all the help i can get po, may you kindly advise what is the best thing to do, who to call and email, please please po...this is our first time to invest, tapos ganito lang mangyayari... Sad

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MissTeezah


Arresto Menor
Hello,

I will definitely help you kasi ayoko na na may iba pa silang maloko because of this. Did they give you options to transfer to another phase? Nagcheck na ko sa HLURB sa Calamba lahat naman may License to Sell except sa Phase 3 due to Britanny case. So here are the list that you need to do.

1. Tawagan mo ulit si Leah eto yung direct number at local phone nya 8592400 Local 106.
2. Ask her what options she can give you. Tell her to send it via e-mail.
3. Ang options na ibibigay nya is most likely transfer unit.
4. Pag nagbigay sila ng list ng unit puntahan nyo agad kasi ang bilis makuha ng unit. Pag binigay nila yung list does not mean na nakareserve sayo yun kasi ilang beses silang nagbigay samin nung nag site visit kami nakuha na pala yung gusto naming unit.
5. Kapag nakapili na kayo ng unit most likely mas mataas ang price non pero i-demand nyo na ang value ng unit na ibibigay sa inyo ay kaparehas ng price per square meters ng unang unit na nakuha nyo. So kung kunyari ang nakuha nyo sa Phase 3 is P13,000/sqm ganyan din dapat ang presyo nyan. Note, I-DEMAND nyo to kasi sa una sasabihin nila eh mam mas mahal po kasi dito. Sabihin niyo DI KO NA KASALANAN yun!
6. Ang pakikipag usap sa kanila hindi nadadaan sa pakiusapan, idaan mo sa DEMAND kasi di sila kikilos hanggat dika magdedemand.
7. Keep your sales agent involved at kulitin mo din siya dahil di nila makukuha ang porsyento nila hanggat di nila naaayos ang issue na yan. Kaya matutulungan ka din niyan.
8. Kapag nakakuha ka na ng unit na paglilipatan dapat may lagi ka ng nakaready na Request to Transfer letter para on the spot ibibigay mo na agad sa sales agent mo at para wala ng makakuha ng desired unit mo. Kasi ibu-book nila yan kay Bethel (yung may hawak ng list ng available units)/
9. Lahat ng transaction nyo pinag usapan nyo. Sabihin mo i-send nila sa e-mail mo, ginagawa naman nila to. At kung sakaling may kulang sa e-mail na sinend mo, ikaw na lang magdagdag sabihin mo na lang.. "To add up we have also discussed the following..."
10. Once okay na yang lahat na yan, syempre may mga action items sila.. hihingan mo ngayon sila ng timeline.. nagbibigay naman sila.. sasabihin nila etong proseso na to aabutin ng 3 weeks. Before 3 weeks mag follow up ka na ika-2nd week pa lang kasi most likely 1 week lang kaya na nilang gawin ginagawa lang nilang 3 weeks leeway.
11. Everytime na walang update tawagan mo palagi sa telepono. Sabihin mo nag e-mail ka.
12. In all fairness naman nag e e-mail naman sila kukulitin mo nga lang Very Happy
13. Sorry di pala Lea Rodriguez ang last name nya Del Rosario nga pala nakalimutan ko.
Sino po pala ang sales agent at sales manager na pinagbilihan ng ate mo?

kmbeltran18 wrote:
MissTeezah wrote:Hi All,

I had the same issue with Filinvest The Glens at Parkspring at Phase 3. Unknowingly, the sales manager whom I entrust my reservation did not inform me that phase 3 has no individual title yet and no contract to sell based on HLURB website. So when I'm about to finish my 10% downpayment, I was informed by her sales agent that there's a problem with this particular phase, banks will not approve my loan application because of no individual title. So I made my own investigation and found out several issues with this particular phase. I called their Head of Sales and inform them of the outcome of my investigation and demand that they intentionally sold this to me knowing the state of this phase, they are claiming that they just knew about this issue so that's why they informed me late which I didn't believe.

To make the long story short, they provide me options, one is transferring to a new phase and another 1 is refunding all my payment which will take a long time. So I opt for transfer unit, they gave me several options from phase 4, phase 2A, phase 2B, all that I chose were already reserved so I get freaking mad again and demand once more, I spoke with their aftersales head Leah Rodriguez and demanded to fix this asap or else I will file a case at HLURB. I think they got alarmed on this because I knew that they don't have license to sell for Phase 3. She then together with the sales agent provide me an available unit with lower cost per sqms.

I was able to acquire a much bigger lot area with almost the same price of my previous unit in phase 3 (inner unit).

Although this process is a painful one as it gives us disappointments, time and money spent going to site visiting the location (brought our own car) but I guess the transfer was worth it. Villar is now going to develop the location into a A Vista City and Daang Hari Expressway link is on its way, this location will be the best spot and will likely increase its value.

As for those who opt to refund their money after paying for more than 2 years, you are entitle to refund half of your payment based on Maceda Law (please research for further details) and do not just agree to get 20K out of your 500K hard earned money.

I noticed that if you don't force them or demand with them and just let them wait for their updates, they will not give you their full attention. I also suggest that all conversations be documented via e-mail to ensure that you have proof in case they will suddenly changed their minds.

So far, my loan application is on process and looking forward to have a smooth transaction this time.

Cheers to a good family life for all of us. Just reply here in case you have few questions, I can help you with what I did and who you will get in touch to because I had a lot of e-mail conversations with them and phone calls Smile)

Hi, we had this exact same problem yesterday
ang problem pa, yung ate ko na bumili na lot ay umuwi lang from abroad para sana magpagawa na ng bahay
tapos ganito ang dadatnan naming problema sa filinvest office
si leah rodriguez din yung kumausap sa min, and she seems not concerned at all, nakakainit ng ulo Sad
limited days lang vacation ng ate ko, kaya sobrang stress talaga sya ngayon...

we'd also like to document our communications with Filinvest, kindly help advise kanino po kami magi-email ng concerns.
Thank you po sa help.

MissTeeZah, i need all the help i can get po, may you kindly advise what is the best thing to do, who to call and email, please please po...this is our first time to invest, tapos ganito lang mangyayari... Sad

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11 Reply to MissTeezah on Sun Oct 12, 2014 11:16 am

kmbeltran18


Arresto Menor
Hello,
Thank you for your time and your list, we'll do follow them, this is already a big help for us.
BTW, yung sales agent namin ay si Pierre Fuentes, u know him?
Anyway, maraming salamt po uli Smile

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MissTeezah


Arresto Menor
I don't know him personally but I met him when I went to their office. He's the manager of my sales agent. The previous Manager was fired because of my complaint. I feel bad for her but it's the consequence of her actions. Maka quota lang ng sales nanloloko ng buyer.

kmbeltran18 wrote:Hello,
Thank you for your time and your list, we'll do follow them, this is already a big help for us.
BTW, yung sales agent namin ay si Pierre Fuentes, u know him?
Anyway, maraming salamt po uli Smile

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MissTeezah


Arresto Menor
keep us posted here on your case so I can guide you on your next steps.

MissTeezah wrote:I don't know him personally but I met him when I went to their office. He's the manager of my sales agent. The previous Manager was fired because of my complaint. I feel bad for her but it's the consequence of her actions. Maka quota lang ng sales nanloloko ng buyer.

kmbeltran18 wrote:Hello,
Thank you for your time and your list, we'll do follow them, this is already a big help for us.
BTW, yung sales agent namin ay si Pierre Fuentes, u know him?
Anyway, maraming salamt po uli Smile

View user profile

MissTeezah


Arresto Menor
by the way, to keep you guys also updated on my case. Effective na yung transfer ng unit ko sa ibang phase and approved na din yung loan ko sa bank. I hope maayos nyo din yung sa inyo ^_^ samahan lang din po ng dasal and faith hehehe.

MissTeezah wrote:keep us posted here on your case so I can guide you on your next steps.

MissTeezah wrote:I don't know him personally but I met him when I went to their office. He's the manager of my sales agent. The previous Manager was fired because of my complaint. I feel bad for her but it's the consequence of her actions. Maka quota lang ng sales nanloloko ng buyer.

kmbeltran18 wrote:Hello,
Thank you for your time and your list, we'll do follow them, this is already a big help for us.
BTW, yung sales agent namin ay si Pierre Fuentes, u know him?
Anyway, maraming salamt po uli Smile

View user profile

Barbiezette


Arresto Menor
Hello, may problem din po kami sa filinvest, 2011 pa po namin fully paid yung lot na nakuha nmin sa the glens phase 2A untill now wala pa rin pong title gusto na po namin patayuaan para makapag apply na kami ng loan sa bank kaso po lagi nilang sinasabi na nasa registry of deeds pa din.kindly advice po tnx

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karl rove


Reclusion Perpetua
To all of you.... there is a breach of obligation here by Filinvest..

should all of you decide a CLASS SUIT... considering that your problem is one and the same.feel free to discuss with me relative to all courses of action at adpr24242000@yahoo.com

atty K.R.

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17 LOT PROBLEM ON FILINVEST on Thu Dec 18, 2014 11:04 am

IreneRoberts


Arresto Menor
Under Presidential Decree 957 section 23 all of us who paid in full or even in instalment can refund in full with legal interest if found said property they sold have no LICENSE TO SELL. check the license to sell in all phase of the glens@parkspring. ALL PHASE of this subdivision and you found out there is no LTS. you can avail 100% refund check PD 957 for more info. don't settle for 50% reimbursement only of you found out they don't have License to Sell. go to HLRUB site for LICENSE TO SELL info.or call their office.

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IreneRoberts


Arresto Menor
kmbeltran18 wrote:
MissTeezah wrote:Hi All,

I had the same issue with Filinvest The Glens at Parkspring at Phase 3. Unknowingly, the sales manager whom I entrust my reservation did not inform me that phase 3 has no individual title yet and no contract to sell based on HLURB website. So when I'm about to finish my 10% downpayment, I was informed by her sales agent that there's a problem with this particular phase, banks will not approve my loan application because of no individual title. So I made my own investigation and found out several issues with this particular phase. I called their Head of Sales and inform them of the outcome of my investigation and demand that they intentionally sold this to me knowing the state of this phase, they are claiming that they just knew about this issue so that's why they informed me late which I didn't believe.

To make the long story short, they provide me options, one is transferring to a new phase and another 1 is refunding all my payment which will take a long time. So I opt for transfer unit, they gave me several options from phase 4, phase 2A, phase 2B, all that I chose were already reserved so I get freaking mad again and demand once more, I spoke with their aftersales head Leah Rodriguez and demanded to fix this asap or else I will file a case at HLURB. I think they got alarmed on this because I knew that they don't have license to sell for Phase 3. She then together with the sales agent provide me an available unit with lower cost per sqms.

I was able to acquire a much bigger lot area with almost the same price of my previous unit in phase 3 (inner unit).

Although this process is a painful one as it gives us disappointments, time and money spent going to site visiting the location (brought our own car) but I guess the transfer was worth it. Villar is now going to develop the location into a A Vista City and Daang Hari Expressway link is on its way, this location will be the best spot and will likely increase its value.

As for those who opt to refund their money after paying for more than 2 years, you are entitle to refund half of your payment based on Maceda Law (please research for further details) and do not just agree to get 20K out of your 500K hard earned money.

I noticed that if you don't force them or demand with them and just let them wait for their updates, they will not give you their full attention. I also suggest that all conversations be documented via e-mail to ensure that you have proof in case they will suddenly changed their minds.

So far, my loan application is on process and looking forward to have a smooth transaction this time.

Cheers to a good family life for all of us. Just reply here in case you have few questions, I can help you with what I did and who you will get in touch to because I had a lot of e-mail conversations with them and phone calls Smile)

Hi, we had this exact same problem yesterday
ang problem pa, yung ate ko na bumili na lot ay umuwi lang from abroad para sana magpagawa na ng bahay
tapos ganito ang dadatnan naming problema sa filinvest office
si leah rodriguez din yung kumausap sa min, and she seems not concerned at all, nakakainit ng ulo Sad
limited days lang vacation ng ate ko, kaya sobrang stress talaga sya ngayon...

we'd also like to document our communications with Filinvest, kindly help advise kanino po kami magi-email ng concerns.
Thank you po sa help.

MissTeeZah, i need all the help i can get po, may you kindly advise what is the best thing to do, who to call and email, please please po...this is our first time to invest, tapos ganito lang mangyayari... Sad

I have property in the glens phase 3, I will not say anything more because we are in legal process already but this is what I can tell you I hope it will help.
Under Presidential Decree 957 section 23 all of us who paid in full or even in instalment can refund in full with legal interest if found said property they sold have no LICENSE TO SELL. check the license to sell in all phase of the glens@parkspring. ALL PHASE of this subdivision and you found out there is no LTS. you can avail 100% refund check PD 957 for more info. don't settle for 50% reimbursement only of you found out they don't have License to Sell. go to HLRUB site for LICENSE TO SELL info.or call their office

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karl rove


Reclusion Perpetua
I subscribed to what Ms Irene has said with reference to PD 957 section 23

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MissTeezah


Arresto Menor
Hello Karl, tanong ko lang kung binigyan ba kayo ng copy ng Notarized na Contract to Sell and Deed of Sale? Kasi samin may notarized copies kami at dun namin nakita na nakaregister yung title sa registry of deeds. kung wala pa kayong nakuha na notarized documents, malamang na wala pa ngang title yan. magdemand na lang po ulit kayo at bigyan nyo sila ng deadline. Anong unit po kayo sa Phase 2A kasi madalas kami nagpupunta dun para macheck ko din kung ano na status ng lugar nyo. Marami akong nadadaanan dun na may mga bahay na. Yung samin po ay on-going na yung construction ng bahay at nakapag loan na din po ako sa bangko.

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MissTeezah


Arresto Menor
ay nagkamali ata ako ng nabasa. Anyway, nag check ako sa HLURB sa Calamba, meron naman silang license to sell sa Phase 1, Phase 2A and B and Phase 4 pero wala silang license to sell for Phase 3 which is eto yung nagkaka problema sa Individual title.

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MissTeezah


Arresto Menor
Hi,

Thanks for correcting me. If that is the case mas better pala sa mga gustong mag refund.

IreneRoberts wrote:
kmbeltran18 wrote:
MissTeezah wrote:Hi All,

I had the same issue with Filinvest The Glens at Parkspring at Phase 3. Unknowingly, the sales manager whom I entrust my reservation did not inform me that phase 3 has no individual title yet and no contract to sell based on HLURB website. So when I'm about to finish my 10% downpayment, I was informed by her sales agent that there's a problem with this particular phase, banks will not approve my loan application because of no individual title. So I made my own investigation and found out several issues with this particular phase. I called their Head of Sales and inform them of the outcome of my investigation and demand that they intentionally sold this to me knowing the state of this phase, they are claiming that they just knew about this issue so that's why they informed me late which I didn't believe.

To make the long story short, they provide me options, one is transferring to a new phase and another 1 is refunding all my payment which will take a long time. So I opt for transfer unit, they gave me several options from phase 4, phase 2A, phase 2B, all that I chose were already reserved so I get freaking mad again and demand once more, I spoke with their aftersales head Leah Rodriguez and demanded to fix this asap or else I will file a case at HLURB. I think they got alarmed on this because I knew that they don't have license to sell for Phase 3. She then together with the sales agent provide me an available unit with lower cost per sqms.

I was able to acquire a much bigger lot area with almost the same price of my previous unit in phase 3 (inner unit).

Although this process is a painful one as it gives us disappointments, time and money spent going to site visiting the location (brought our own car) but I guess the transfer was worth it. Villar is now going to develop the location into a A Vista City and Daang Hari Expressway link is on its way, this location will be the best spot and will likely increase its value.

As for those who opt to refund their money after paying for more than 2 years, you are entitle to refund half of your payment based on Maceda Law (please research for further details) and do not just agree to get 20K out of your 500K hard earned money.

I noticed that if you don't force them or demand with them and just let them wait for their updates, they will not give you their full attention. I also suggest that all conversations be documented via e-mail to ensure that you have proof in case they will suddenly changed their minds.

So far, my loan application is on process and looking forward to have a smooth transaction this time.

Cheers to a good family life for all of us. Just reply here in case you have few questions, I can help you with what I did and who you will get in touch to because I had a lot of e-mail conversations with them and phone calls Smile)

Hi, we had this exact same problem yesterday
ang problem pa, yung ate ko na bumili na lot ay umuwi lang from abroad para sana magpagawa na ng bahay
tapos ganito ang dadatnan naming problema sa filinvest office
si leah rodriguez din yung kumausap sa min, and she seems not concerned at all, nakakainit ng ulo Sad
limited days lang vacation ng ate ko, kaya sobrang stress talaga sya ngayon...

we'd also like to document our communications with Filinvest, kindly help advise kanino po kami magi-email ng concerns.
Thank you po sa help.

MissTeeZah, i need all the help i can get po, may you kindly advise what is the best thing to do, who to call and email, please please po...this is our first time to invest, tapos ganito lang mangyayari... Sad

I have property in the glens phase 3, I will not say anything more because we are in legal process already but this is what I can tell you I hope it will help.
Under Presidential Decree 957 section 23 all of us who paid in full or even in instalment can refund in full with legal interest if found said property they sold have no LICENSE TO SELL. check the license to sell in all phase of the glens@parkspring. ALL PHASE of this subdivision and you found out there is no LTS. you can avail 100% refund check PD 957 for more info. don't settle for 50% reimbursement only of you found out they don't have License to Sell. go to HLRUB site for LICENSE TO SELL info.or call their office

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MissTeezah


Arresto Menor
Hello, tanong ko lang kung binigyan ba kayo ng copy ng Notarized na Contract to Sell and Deed of Sale? Kasi samin may notarized copies kami at dun namin nakita na nakaregister yung title sa registry of deeds. kung wala pa kayong nakuha na notarized documents, malamang na wala pa ngang title yan. magdemand na lang po ulit kayo at bigyan nyo sila ng deadline. Anong unit po kayo sa Phase 2A kasi madalas kami nagpupunta dun para macheck ko din kung ano na status ng lugar nyo. Marami akong nadadaanan dun na may mga bahay na. Yung samin po ay on-going na yung construction ng bahay at nakapag loan na din po ako sa bangko.

Barbiezette wrote:Hello, may problem din po kami sa filinvest, 2011 pa po namin fully paid yung lot na nakuha nmin sa the glens phase 2A untill now wala pa rin pong title gusto na po namin patayuaan para makapag apply na kami ng loan sa bank kaso po lagi nilang sinasabi na nasa registry of deeds pa din.kindly advice po tnx

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24 Eto ung mga phase na may LTS on Thu Jan 29, 2015 4:37 pm

MissTeezah


Arresto Menor

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IreneRoberts


Arresto Menor
MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 957 July 12, 1976

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 requirements 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 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;

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 not 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.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order:

Title I
TITLE AND DEFINITIONS

Section 1. Title. This Decree shall be known as THE SUBDIVISION AND CONDOMINIUM BUYERS' PROTECTIVE DECREE.

Section 2. Definition of Terms When used in this Decree, the following terms shall, unless the context otherwise indicates, have the following respective meanings:

(a) Person. "Person" shall mean a natural or a juridical person. A juridical person refers to a business firm whether a corporation, partnership, cooperative or associations or a single proprietorship.

(b) Sale or sell. "Sale" or "sell" shall include every disposition, or attempt to dispose, for a valuable consideration, of a subdivision lot, including the building and other improvements thereof, if any, in a subdivision project or a condominium unit in a condominium project. "Sale" and "sell" shall also include a contract to sell, a contract of purchase and sale, an exchange, an attempt to sell, an option of sale or purchase, a solicitation of a sale, or an offer to sell, directly or by an agent, or by a circular, letter, advertisement or otherwise.

A privilege given to a member of a cooperative, corporation, partnership, or any association and/or the issuance of a certificate or receipt evidencing or giving the right of participation in, or right to, any land in consideration of payment of the membership fee or dues, shall be deemed a sale within the meaning of this definition.

(c) Buy and purchase. The "buy" and "purchase" shall include any contract to buy, purchase, or otherwise acquire for a valuable consideration a subdivision lot, including the building and other improvements, if any, in a subdivision project or a condominium unit in a condominium project.

(d) Subdivision project. "Subdivision project" shall mean a tract or a parcel of land registered under Act No. 496 which is partitioned primarily for residential purposes into individual lots with or without improvements thereon, and offered to the public for sale, in cash or in installment terms. It shall include all residential, commercial, industrial and recreational areas as well as open spaces and other community and public areas in the project.

(e) Subdivision lot. "Subdivision lot" shall mean any of the lots, whether residential, commercial, industrial, or recreational, in a subdivision project.

(f) Complex subdivision plan. "Complex subdivision plan" shall mean a subdivision plan of a registered land wherein a street, passageway or open space is delineated on the plan.

(g) Condominium project. "Condominium project" shall mean the entire parcel of real property divided or to be divided primarily for residential purposes into condominium units, including all structures thereon.

(h) Condominium unit. "Condominium unit" shall mean a part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces located in one or more floors (or part of parts of floors) in a building or buildings and such accessories as may be appended thereto.

(i) Owner. "Owner" shall refer to the registered owner of the land subject of a subdivision or a condominium project.

(j) Developer. "Developer" shall mean the person who develops or improves the subdivision project or condominium project for and in behalf of the owner thereof.

(k) Dealer. "Dealer" shall mean any person directly engaged as principal in the business of buying, selling or exchanging real estate whether on a full-time or part-time basis.

(l) Broker. "Broker" shall mean any person who, for commission or other compensation, undertakes to sell or negotiate the sale of a real estate belonging to another.

(m) Salesman. "Salesman" shall refer to the person regularly employed by a broker to perform, for and in his behalf, any or all functions of a real estate broker.

(n) Authority. "Authority" shall mean the National Housing Authority.

Title II
REGISTRATION AND LICENSE TO SELL

Section 3. National Housing Authority The National Housing Authority shall have exclusive jurisdiction to regulate the real estate trade and business in accordance with the provisions of this Decree.

Section 4. Registration of Projects The registered owner of a 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 it 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 or 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:

(a) Name of the owner;

(b) The location of the owner's principal business office, and if the owner is a non-resident Filipino, the name and address of his agent or representative in the Philippines is authorized to receive notice;

(c) The names and addresses of all the directors and officers of the business firm, if the owner be a corporation, association, trust, or other entity, and of all the partners, if it be a partnership;

(d) The general character of the business actually transacted or to be transacted by the owner; and

(e) A statement of the capitalization of the owner, including the authorized and outstanding amounts of its capital stock and the proportion thereof which is paid-up.

The following documents shall be attached to the registration statement:

(a) A copy of the subdivision plan or condominium plan as approved in accordance with the first and second paragraphs of this section.

(b) A copy of any circular, prospectus, brochure, advertisement, letter, or communication to be used for the public offering of the subdivision lots or condominium units;

(c) In case of a business firm, a balance sheet showing the amount and general character of its assets and liabilities and a copy of its articles of incorporation or articles of partnership or association, as the case may be, with all the amendments thereof and existing by-laws or instruments corresponding thereto.

(d) A title to the property which is free from all liens and encumbrances: Provided, however, that in case any subdivision lot or condominium unit is mortgaged, it is sufficient if the instrument of mortgage contains a stipulation that the mortgagee shall release the mortgage on any subdivision lot or condominium unit as soon as the full purchase price for the same is paid by the buyer.

The person filing the registration statement shall pay the registration fees prescribed therefor by the Authority.

Thereupon, the Authority shall immediately cause to be published a notice of the filing of the registration statement at the expense of the applicant-owner or dealer, in two newspapers general circulation, one published in English and another in Pilipino, once a week for two consecutive weeks, reciting that a registration statement for the sale of subdivision lots or condominium units has been filed in the National Housing Authority; that the aforesaid registration statement, as well as the papers attached thereto, are open to inspection during business hours by interested parties, under such regulations as the Authority may impose; and that copies thereof shall be furnished to any party upon payment of the proper fees.

The subdivision project of the condominium project shall be deemed registered upon completion of the above publication requirement. The fact of such registration shall be evidenced by a registration certificate to be issued to the applicant-owner or dealer.

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 he 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 the project if, after an examination of the registration statement filed by said owner or dealer and all the pertinent documents attached thereto, 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.

Section 6. Performance Bond. No license to sell subdivision lots or condominium units shall be issued by the Authority under Section 5 of this Decree unless the owner or dealer shall have filed an adequate performance bond approved by said Authority to guarantee the construction and maintenance of the roads, gutters, drainage, sewerage, water system, lighting systems, and full development of the subdivision project or the condominium project and the compliance by the owner or dealer with the applicable laws and rules and regulations.

The performance bond shall be executed in favor of the Republic of the Philippines and shall authorize the Authority to use the proceeds thereof for the purposes of its undertaking in case of forfeiture as provided in this Decree.

Section 7. Exempt transactions. A license to sell and performance bond shall not be required in any of the following transactions:

(a) Sale of a subdivision lot resulting from the partition of land among co-owners and co-heirs.

(b) Sale or transfer of a subdivision lot by the original purchaser thereof and any subsequent sale of the same lot.

(c) Sale of a subdivision lot or a condominium unit by or for the account of a mortgagee in the ordinary course of business when necessary to liquidate a bona fide debt.

Section 8. Suspension of license to sell. Upon verified complaint by a buyer of a subdivision lot or a condominium unit in any interested party, the Authority may, in its discretion, immediately suspend the owner's or dealer's license to sell pending investigation and hearing of the case as provided in Section 13 hereof.

The Authority may motu proprio suspend the license to sell if, in its opinion, any information in the registration statement filed by the owner or dealer is or has become misleading, incorrect, inadequate or incomplete or the sale or offering for a sale of the subdivision or condominium project may work or tend to work a fraud upon prospective buyers.

The suspension order may be lifted if, after notice and hearing, the Authority is convinced that the registration statement is accurate or that any deficiency therein has been corrected or supplemented or that the sale to the public of the subdivision or condominium project will neither be fraudulent not result in fraud. It shall also be lifted upon dismissal of the complaint for lack of legal basis.

Until the final entry of an order of suspension, the suspension of the right to sell the project, though binding upon all persons notified thereof, shall be deemed confidential unless it shall appear that the order of suspension has in the meantime been violated.

Section 9. Revocation of registration certificate and license to sell. The Authority may, motu proprio or upon verified complaint filed by a buyer of a subdivision lot or condominium unit, revoke the registration of any subdivision project or condominium project and the license to sell any subdivision lot or condominium unit in said project by issuing an order to this effect, with his findings in respect thereto, if upon examination into the affairs of the owner or dealer during a hearing as provided for in Section 14 hereof, if shall appear there is satisfactory evidence that the said owner or dealer:

(a) Is insolvent; or

(b) has violated any of the provisions of this Decree or any applicable rule or regulation of the Authority, or any undertaking of his/its performance bond; or

(c) Has been or is engaged or is about to engage in fraudulent transactions; or

(d) Has made any misrepresentation in any prospectus, brochure, circular or other literature about the subdivision project or condominium project that has been distributed to prospective buyers; or

(e) Is of bad business repute; or

(f) Does not conduct his business in accordance with law or sound business principles.

Where the owner or dealer is a partnership or corporation or an unincorporated association, it shall be sufficient cause for cancellation of its registration certificate and its license to sell, if any member of such partnership or any officer or director of such corporation or association has been guilty of any act or omission which would be cause for refusing or revoking the registration of an individual dealer, broker or salesman as provided in Section 11 hereof.

Section 10. Registers of subdivision lots and condominium units. A record of subdivision lots and condominium units shall be kept in the Authority wherein shall be entered all orders of the Authority affecting the condition or status thereof. The registers of subdivision lots and condominium units shall be open to public inspection subject to such reasonable rules as the Authority may prescribe.

Title III
DEALERS, BROKERS AND SALESMEN

Section 11. Registration of dealers, brokers and salesmen. No real estate dealer, broker or salesman shall engage in the business of selling subdivision lots or condominium units unless he has registered himself with the Authority in accordance with the provisions of this section.

If the Authority shall find that the applicant is of good repute and has complied with the applicable rules of the Authority, including the payment of the prescribed fee, he shall register such applicant as a dealer, broker or salesman upon filing a bond, or other security in lieu thereof, in such sum as may be fixed by the Authority conditioned upon his faithful compliance with the provisions of this Decree: Provided, that the registration of a salesman shall cease upon the termination of his employment with a dealer or broker.

Every registration under this section shall expire on the thirty-first day of December of each year. Renewal of registration for the succeeding year shall be granted upon written application therefor made not less than thirty nor more than sixty days before the first day of the ensuing year and upon payment of the prescribed fee, without the necessity of filing further statements or information, unless specifically required by the Authority. All applications filed beyond said period shall be treated as original applications.

The names and addresses of all persons registered as dealers, brokers, or salesmen shall be recorded in a Register of Brokers, Dealers and Salesmen kept in the Authority which shall be open to public inspection.

Section 12. Revocation of registration as dealers, brokers or salesmen. Registration under the preceding section may be refused or any registration granted thereunder, revoked by the Authority if, after reasonable notice and hearing, it shall determine that such applicant or registrant:

1. Has violated any provision of this Decree or any rule or regulation made hereunder; or

2. Has made a material false statement in his application for registration; or

3. Has been guilty of a fraudulent act in connection with any sale of a subdivision lot or condominium unit; or

4. Has demonstrated his unworthiness to transact the business of dealer, broker, or salesman, as the case may be.

In case of charges against a salesman, notice thereof shall also be given the broker or dealer employing such salesman.

Pending hearing of the case, the Authority shall have the power to order the suspension of the dealer's, broker's, of salesman's registration; provided, that such order shall state the cause for the suspension.

The suspension or revocation of the registration of a dealer or broker shall carry with it all the suspension or revocation of the registrations of all his salesmen.

Title IV
PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE

Section 13. 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 and 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 officer or officers designated by the Authority on the date and place specified in the notice.

(c) Nature of proceeding. 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 incidental to the hearing. For the purpose of the hearing or other proceeding under this Decree, the officer or officers designated to hear the complaint shall have the power to administer oaths, 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.

Section 14. Contempt.

(a) Direct contempt. The officer or officers designated by the Authority to hear the complaint may summarily adjudge in direct contempt any person guilty of misbehavior in the presence of or so near the said hearing officials as to obstruct or interrupt the proceedings before the same or of refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so. The person found guilty of direct contempt under this section shall be punished by a fine not exceeding Fifty (P50.00) Pesos or imprisonment not exceeding five (5) days, or both.

(b) Indirect contempt. The officer or officers designated to hear the complaint may also adjudge any person in indirect contempt on grounds and in the manner prescribed in Rule 71 of the Revised Rules of Court.

Section 15. Decision. The case shall be decided within thirty (30) days from the time the same is submitted for decision. The Decision may order the revocation of the registration of the subdivision or condominium project, the suspension, cancellation, or revocation of the license to sell and/or forfeiture, in whole or in part, of the performance bond mentioned in Section 6 hereof. In case forfeiture of the bond is ordered, the Decision may direct the provincial or city engineer to undertake or cause the construction of roads and of other requirements for the subdivision or condominium as stipulated in the bond, chargeable to the amount forfeited. Such decision shall be immediately executory and shall become final after the lapse of 15 days from the date of receipt of the Decision.

Section 16. Cease and Desist Order. Whenever it shall appear to the Authority that any person is engaged or about to engage in any act or practice which constitutes or will constitute a violation of the provisions of this Decree, or of any rule or regulation thereunder, it may, upon due notice and hearing as provided in Section 13 hereof, issue a cease and desist order to enjoin such act or practices.

Section 17. Registration. All contracts to sell, deeds of sale and other similar instruments relative to the sale or conveyance of the subdivision lots and condominium units, whether or not the purchase price is paid in full, shall be registered by the seller in the Office of the Register of Deeds of the province or city where the property is situated.

Whenever a subdivision plan duly approved in accordance with Section 4 hereof, together with the corresponding owner's duplicate certificate of title, is presented to the Register of Deeds for registration, the Register of Deeds shall register the same in accordance with the provisions of the Land Registration Act, as amended: Provided, however, that it there is a street, passageway or required open space delineated on a complex subdivision plan hereafter approved and as defined in this Decree, the Register of Deeds shall annotate on the new certificate of title covering the street, passageway or open space, a memorandum to the effect that except by way of donation in favor of a city or municipality, no portion of any street, passageway, or open space so delineated on the plan shall be closed or otherwise disposed of by the registered owner without the requisite approval as provided under Section 22 of this Decree.

Section 18. Mortgages. No mortgage on any unit or lot shall be made by the owner or developer without prior written approval of the Authority. Such approval shall not be granted unless it is shown that the proceeds of the mortgage loan shall be used for the development of the condominium or subdivision project and effective measures have been provided to ensure such utilization. The loan value of each lot or unit covered by the mortgage shall be determined and the buyer thereof, if any, shall be notified before the release of the loan. The buyer may, at his option, pay his installment for the lot or unit directly to the mortgagee who shall apply the payments to the corresponding mortgage indebtedness secured by the particular lot or unit being paid for, with a view to enabling said buyer to obtain title over the lot or unit promptly after full payment thereto;

Section 19. Advertisements. Advertisements that may be made by the owner or developer through newspaper, radio, television, leaflets, circulars or any other form about the subdivision or the condominium or its operations or activities must reflect the real facts and must be presented in such manner that will not tend to mislead or deceive the public.

The owner or developer shall answerable and liable for the facilities, improvements, infrastructures or other forms of development represented or promised in brochures, advertisements and other sales propaganda disseminated by the owner or developer or his agents and the same shall form part of the sales warranties enforceable against said owner or developer, jointly and severally. Failure to comply with these warranties shall also be punishable in accordance with the penalties provided for in this Decree.

Section 20. Time of Completion. Every owner or developer shall construct and provide the facilities, improvements, infrastructures and other forms of development, including water supply and lighting facilities, which are offered and indicated in the approved subdivision or condominium plans, brochures, prospectus, printed matters, letters or in any form of advertisement, within one year from the date of the issuance of the license for the subdivision or condominium project or such other period of time as may be fixed by the Authority.

Section 21. Sales Prior to Decree. In cases of subdivision lots or condominium units sold or disposed of prior to the effectivity of this Decree, it shall be incumbent upon the owner or developer of the subdivision or condominium project to complete compliance with his or its obligations as provided in the preceding section within two years from the date of this Decree unless otherwise extended by the Authority or unless an adequate performance bond is filed in accordance with Section 6 hereof.

Failure of the owner or developer to comply with the obligations under this and the preceding provisions shall constitute a violation punishable under Sections 38 and 39 of this Decree.

Section 22. Alteration of Plans. No owner or developer shall change or alter the roads, open spaces, infrastructures, facilities for public use and/or other form of subdivision development as contained in the approved subdivision plan and/or represented in its advertisements, without the permission of the Authority and the written conformity or consent of the duly organized homeowners association, or in the absence of the latter, by the majority of the lot buyers in the subdivision.

Section 23. Non-Forfeiture of Payments. No installment payment made by a buyer in a subdivision or condominium project for the lot or unit he contracted to buy shall be forfeited in favor of the owner or developer when the buyer, after due notice to the owner or developer, desists from further payment due to the failure of the owner or developer to develop the subdivision or condominium project according to the approved plans and within the time limit for complying with the same. Such buyer may, at his option, be reimbursed the total amount paid including amortization interests but excluding delinquency interests, with interest thereon at the legal rate.

Section 24. Failure to pay installments. The rights of the buyer in the event of this failure to pay the installments due for reasons other than the failure of the owner or developer to develop the project shall be governed by Republic Act No. 6552.

Where the transaction or contract was entered into prior to the effectivity of Republic Act No. 6552 on August 26, 1972, the defaulting buyer shall be entitled to the corresponding refund based on the installments paid after the effectivity of the law in the absence of any provision in the contract to the contrary.

Section 25. Issuance of Title. The owner or developer shall deliver the title of the lot or unit to the buyer upon full payment of the lot or unit. No fee, except those required for the registration of the deed of sale in the Registry of Deeds, shall be collected for the issuance of such title. In the event a mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, the owner or developer shall redeem the mortgage or the corresponding portion thereof within six months from such issuance in order that the title over any fully paid lot or unit may be secured and delivered to the buyer in accordance herewith.

Section 26. Realty Tax. Real estate tax and assessment on a lot or unit shall de paid by the owner or developer without recourse to the buyer for as long as the title has not passed the buyer; Provided, however, that if the buyer has actually taken possession of and occupied the lot or unit, he shall be liable to the owner or developer for such tax and assessment effective the year following such taking of possession and occupancy.

Section 27. Other Charges. No owner or developer shall levy upon any lot or buyer a fee for an alleged community benefit. Fees to finance services for common comfort, security and sanitation may be collected only by a properly organized homeowners association and only with the consent of a majority of the lot or unit buyers actually residing in the subdivision or condominium project.

Section 28. Access to Public Offices in the Subdivisions. No owner or 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.

Section 29. Right of Way to Public Road. The owner or developer of a subdivision without access to any existing public road or street must secure a right of way to a public road or street and such right of way must be developed and maintained according to the requirement of the government and authorities concerned.

Section 30. Organization of Homeowners Association. The owner or developer of a subdivision project or condominium project shall initiate the organization of a homeowners association among the buyers and residents of the projects for the purpose of promoting and protecting their mutual interest and assist in their community development.

Section 31. Donations of roads and open spaces to local government. The registered owner or developer of the subdivision or condominium project, upon completion of the development of said project may, at his option, convey by way of donation the roads and open spaces found within the project to the city or municipality wherein the project is located. Upon acceptance of the donation by the city or municipality concerned, no portion of the area donated shall thereafter be converted to any other purpose or purposes unless after hearing, the proposed conversion is approved by the Authority.

Section 32. Phases of Subdivision. For purposes of complying with the provisions of this Decree, the owner or developer may divide the development and sale of the subdivision into phases, each phase to cover not less than ten hectares. The requirement imposed by this Decree on the subdivision as a whole shall be deemed imposed on each phase.

Section 33. Nullity of waivers. Any condition, stipulation, or provision in contract of sale whereby any person waives compliance with any provision of this Decree or of any rule or regulation issued thereunder shall be void.

Section 34. Visitorial powers. This Authority, through its duly authorized representative may, at any time, make an examination into the business affairs, administration, and condition of any person, corporation, partnership, cooperative, or association engaged in the business of selling subdivision lots and condominium units. For this purpose, the official authorized so to do shall have the authority to examine under oath the directors, officers, stockholders or members of any corporation, partnership, association, cooperative or other persons associated or connected with the business and to issue subpoena or subpoena duces tecum in relation to any investigation that may arise therefrom.

The Authority may also authorize the Provincial, City or Municipal Engineer, as the case may be, to conduct an ocular inspection of the project to determine whether the development of said project conforms to the standards and specifications prescribed by the government.

The books, papers, letters, and other documents belonging to the person or entities herein mentioned shall be open to inspection by the Authority or its duly authorized representative.

Section 35. Take-over Development. The Authority, may take over or cause the development and completion of the subdivision or condominium project at the expenses of the owner or developer, jointly and severally, in cases where the owner or developer has refused or failed to develop or complete the development of the project as provided for in this Decree.

The Authority may, after such take-over, demand, collect and receive from the buyers the installment payments due on the lots, which shall be utilized for the development of the subdivision.

Section 36. Rules and Regulations. The Authority shall issue the necessary standards, rules and regulations for the effective implementation of the provisions of this Decree. Such standards, rules and regulations shall take effect immediately after their publication three times a week for two consecutive weeks in any newspaper of general circulation.

Section 37. Deputization of law enforcement agencies. The Authority may deputize the Philippine Constabulary or any law enforcement agency in the execution of its final orders, rulings or decisions.

Section 38. Administrative Fines. The Authority may prescribe and impose fines not exceeding ten thousand pesos for violations of the provisions of this Decree or of any rule or regulation thereunder. Fines shall be payable to the Authority and enforceable through writs of execution in accordance with the provisions of the Rules of Court.

Section 39. Penalties. Any person who shall violate any of the provisions of this Decree and/or any rule or regulation that may be issued pursuant to this Decree shall, upon conviction, be punished by a fine of not more than twenty thousand (P20,000.00) pesos and/or imprisonment of not more than ten years: Provided, That in the case of corporations, partnership, cooperatives, or associations, the President, Manager or Administrator or the person who has charge of the administration of the business shall be criminally responsible for any violation of this Decree and/or the rules and regulations promulgated pursuant thereto.

Section 40. Liability of controlling persons. Every person who directly or indirectly controls any person liable under any provision of this Decree or of any rule or regulation issued thereunder shall be liable jointly and severally with and to the same extent as such controlled person unless the controlling person acted in good faith and did not directly or indirectly induce the act or acts constituting the violation or cause of action.

Section 41. Other remedies. The rights and remedies provided in this Decree shall be in addition to any and all other rights and remedies that may be available under existing laws.

Section 42. Repealing clause. All laws, executive orders, rules and regulations or part thereof inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.

Section 43. Effectivity. This Decree shall take effect upon its approval.

Done in the City of Manila, this 12th day of July, in the year of Our Lord, nineteen hundred and seventy-six.

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