JURISDICTION OF THE NATIONAL HOUSING AUTHORITY, Housing and Land Use Regulatory Board

Category: Land Titles And Deeds

JURISDICTION OF THE NATIONAL HOUSING AUTHORITY

> The scope of the regulatory authority of the National Housing Authority is indicated in the second and third paragraph of the preamble

o WHEREAS, subdivision owners, developers, operators, and/or sellers have reneged on their representations and obligations to provide and maintain properly subdivision roads, drainage, sewerage, water systems, lighting systems, and other similar basic requirements, thus endangering the health and safety of home and lot buyers;

o WHEREAS, reports of alarming magnitude also show cases of swindling and fraudulent manipulations perpetrated by unscrupulous subdivision and condominium sellers and operators, such as failure to deliver titles to the buyers or titles free from liens and encumbrances, and to pay real estate taxes, and fraudulent sales of the same subdivision lots to different innocent purchasers for value;

> Presidential Decree 1344 was passed providing—

o The National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature:

> Unsound real estate businesses

> Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman, and

> Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman.

o The decision of the National Housing Authority shall become final and executory 15 days from the date of its receipt. It is appealable only to the President of the Philippines and in the event the appeal is filed and the decision isn’t reversed and/or amended within 30 days, the decision is deemed affirmed. Proof of the appeal of the decision must be furnished the National Housing Authority.

> On the issue of affirmance-by-inaction failure on the part of the President to act upon an appeal doesn’t necessarily mean that the appealed decision automatically becomes final and executory. Access to the courts of law may still be made as mentioned above. Therefore, such decision is far from being final and executory.

FUNCTIONS OF THE National Housing Authority NOW TRANSFERRED TO THE Housing and Land Use Regulatory Board

> The regulatory functions of the NHA are now transferred to the HLURB such as jurisdiction over unsound real estate businesses and claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman

> The functions of the Human Settlements Regulatory Commission— sole regulatory body for housing and land development—are transferred also to the HLURB

SPECIFIC FUNCTIONS OF THE Housing and Land Use Regulatory Board

1. Unsound real estate businesses

2. Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman, and

3. Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman.

WRIT OF EXECUTION

> As soon as the decision of the Housing and Land Use Regulatory Board becomes final, it shall, on motion of the interested party, issue a writ of execution enforceable in accordance with the provisions of the Rules of Court

> Upon the failure of the Housing and Land Use Regulatory Board to act on the motion, a petition for mandamus may be filed to compel it to perform its purely ministerial duty by enforcing its final and executory decision

COURT HAS JURISDICTION WHEN ISSUE INVOLVES OWNERSHIP OF PROPERTY

ORDINARY COURTS DON’T HAVE JURISDICTION OVER COLLECTION OF UNPAID INSTALLMENTS

SUMMARY OF CASES OR INCIDENTS WHERE Housing and Land Use Regulatory Board HAS JURISDICTION (FAJARDO V. BAUTISTA)

1. For a determination of the rights of the parties under a contract to sell a subdivision lot

2. For the delivery of title against the subdivision owner

3. For the refund of reservation fees for the purchase of subdivision lot

4. For specific performance filed by the lot buyer against the seller of a subdivision lot

5. For the annulment of the mortgage constituted by the project owner without the buyer’s consent, the mortgage foreclosure sale, and the condominium certificate of title issued to the highest bidder at the said foreclosure sale

6. For the collection of the balance of the unpaid purchase price of a subdivision lot filed by the developer of a subdivision against the lot buyer

7. For incidental claims for damages