Related Laws
Sanctions for Violating PD 957
A violation of the provisions of the decree and its implementing rules and regulations will carry administrative and penal sanctions. The liability extends to controlling persons in cases where the violator is a partnership or corporation. The violation usually carries administrative and criminal penalties. The HLURB as a quasi-judicial entity has jurisdiction over administrative aspect of the case while the criminal aspect is lodge before the fiscal’s office and accordingly if there is a finding of probable cause a criminal action is filed in the civil courts.
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Jurisdiction on Cases for Violation of PD 957
A violation of the provisions of PD 957, as amended, carries civil and criminal liabilities which are punishable primarily under PD 957 and other applicable penal laws.
An aggrieved buyer of a subdivision house and lot or a condominium unit may file the civil aspect of the violation with the HLURB, a quasi-judicial government agency for housing and land development. The proceedings on the civil case is governed by Rules of Procedure of HLURB. The proceedings is summary in nature and the provisions of the Rules of Court is not applicable except in a suppletory character.
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Civil Action And Criminal Action Independent of Each Other
Civil Action And Criminal Action Independent of Each Other, the Former Is Not Prejudicial to the Latter
In one case, the buyers filed a criminal complaint against the officers of a realty company. The city prosecutor, in a resolution, dismissed the complaint for being premature. It was contended that a reasonable interpretation of PD 957 requires a prior determination by the HLURB that “a corporation violated PD 957 before criminal charges may be filed against the corporate officers.”
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Task Force to Monitor Investment Scheme in Real Estate Project
There are news of buyers who have invested hard earned money in the purchase of lots or condominium units but find themselves short changed has been a cause for alarm. They found that projects were either not existing or the housing units badly constructed.
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Prohibition Against Owner/Developer to Collect Fees for Community Benefit
May an owner/developer collect contributions from buyers to finance certain services for community benefit? No.
Any collections for said purpose may only be done by the duly organized homeowners association but with the consent of the actual residents in the project.
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