Amending the Rules and Regulations to Govern Advertisement Approval

September 20, 2007

HLURB RESOLUTION NO. 808-07

AMENDING THE RULES AND REGULATIONS TO GOVERN ADVERTISEMENT APPROVAL

WHEREAS, there is a need to revisit and accordingly, to revise certain portions of the present Rules on Advertisement Approval to address the recent proliferation of advertisements in various forms of media vis-a-vis the right of the buying public to be protected against misleading or fraudulent information on projects advertised for sale;

WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, that the Revised Rules and Regulations for Advertisement Approval be APPROVED.

APPROVED this 20th day of September 2007 at Makati City.

(SGD.) HON. NOLI L. DE CASTROVice-President of the Philippines and HUDCC Chairman

(SGD.) ERNESTO L. PINEDAUndersecretary, DOJ

(SGD.) ROMULO Q.M. FABULChief Executive Officer and

AUGUSTO B. SANTOSDeputy Director General, NEDA

(SGD.) TERESITA A. DESIERTOCommissioner

(SGD.) AUSTERE A. PANADEROUndersecretary, DILG

(SGD.) JESUS YAP PANGCommissioner

JOEL I. JACOBDPWH

(SGD.) ARTURO M. DUBLADOCommissioner

Attested by:

(SGD.) CHARITO B. LANSANGBoard Secretary

REVISED RULES AND REGULATIONS TO GOVERN ADVERTISEMENT APPROVAL

Pursuant to Article IV, Section 5, c of Executive Order No. 648, as amended by Executive Order No. 90, the following Rules and Regulations are hereby promulgated to implement Section 19 Presidential Decree No. 957. ECTSDa

RULE I

General Provisions

SECTION 1. Scope of Application. — These Rules and Regulations shall apply to all applications for Advertisement Approval for the following projects issued Certificate of Registration and License to Sell, hereinafter referred to collectively as Project:

a. Residential/commercial condominium and subdivision

b. Farmlot subdivision

c. Industrial subdivision

d. Memorial park

e. Columbarium project

f. Any other similar project

Advertisement as referred to in this Rules shall mean any form of information dissemination, whether through words, illustrations, scaled models for public display or in any form of multi-media.

RULE II

Approval of Application for Advertisement

SECTION 2. Advertisement Approval. — Approval of the advertisement is required prior to its distribution, display and/or publication/broadcast.

SECTION 3. Who May Apply. — Every owner/developer who wishes to advertise any of the projects enumerated in Section 1 shall file an application for advertisement approval.

SECTION 4. Documentary Requirements. — The following requirements are to be submitted by the owner/developer:

a. Two (2) copies of notarized application for advertisement.

b. At least two (2) copies of the proposed advertisement material.

c. One (1) copy of CR/LS of the project. TSDHCc

d. Marketing agreement between owner/developer and broker/salesman, if applicable.

SECTION 5. Contents of Advertisement. — The following shall be indicated/reflected in the advertisement:

a. The exact location of the project in terms of distance from a well known reference point;

b. The License to Sell Number and date issued;

c. Project completion date per approved work program;

d. Maximum selling price in case of economic and socialized housing projects;

e. The name(s) of the owner(s)/developer(s) of the project;

f. Pictures or illustrations if any shall be captioned as "actual photographs", "architect's perspective" or "artist's illustrations", as the case may be.

SECTION 6. What Should Not Be Included in the Advertisement. — The following shall not be included in the advertisement:

1. Disclaimer(s)

2. Any future development not covered by the license to sell

3. Exaggerations or misleading information

SECTION 7. Advertisement Approval. — The Board shall issue the Advertisement Approval when all the requirements of sections 4 to 6 are complied with.

The approval shall consist of a letter from the HLURB Regional Officer stating approval of the advertisement material and authority to publish, display, distribute or announce the same, and further stating therein all other conditions as may be imposed. The letter of approval and the approved copy of advertisement material shall in all instances bear the HLURB seal. Further, the latter shall be stamped "approved" indicating date and duly signed by the regional officer. cDAISC

Any deviation from the approved contents of the advertisement material shall be a violation of the conditions of the approval and a ground for revocation of the approval.

SECTION 8. Warranties. — The owner or developer shall be 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 P.D. 957.

RULE III

Miscellaneous Provisions

SECTION 9. Fees. — The Board shall collect fees in accordance with the approved Schedule of Fees which shall be collected upon filing of application.

SECTION 10. Effectivity. — These Rules shall take effect immediately after its publication once in any newspaper of general circulation.

ATTACHMENT

Code No. ________

________________

________________

________________

________________

Dear Mr./Ms. ______________:

Relative to your request for approval of the attached proposed advertisement material of ____________________________ (Name of Project), located at __________________________ (Address/Location), please be informed that the said ADVERTISEMENT MATERIAL IS APPROVED and AUTHORIZED FOR PUBLICATION ANNOUNCEMENT, DISPLAY AND/OR DISTRIBUTION, subject to the following conditions: cSEDTC

/ / That no alteration/deviation shall be made on the approved advertisement material when the same is published/distributed;

/ / That the owner or developer shall be answerable and liable for the facilities improvements, infrastructure or other sales propaganda disseminated by him or by his agents and the same shall form part of the sales warranties enforceable against said owner/developer, jointly severally;

/ / That the pictures or illustrations showing the Project, portion thereof or the facilities should be properly captioned as to whether said pictures are actual photographs taken of the site or merely architect's perspective or artist's illustrations;

/ / That statement, "This advertisement is approved and authorized by the Housing and Land Use Regulatory Board (HLURB)" shall be indicated at the end of the text of the advertisements and/or in conspicuous space in the advertisement material;

/ / That any misrepresentation made in the advertisement material shall be a valid cause for revocation of this approval and all other sanctions.

It is further understood that any violation or non-compliance with the foregoing conditions shall subject the offender to the administrative and/or criminal penalties provided for under Section 3 and 39 of P.D. 957 and its Implementing Standards, Rules and Regulations.

 

Very truly yours,

________________

 

OR NO.	:	________
DATE	:	________
AMOUNT	:	________
TIN OF THE OWNER/DEVELOPER: __________

 

 

APPLICATION FOR ADVERTISEMENT APPROVAL

(To be accomplished in duplicate)

____________

The Regional OfficerRegion ______________Housing and Land Use Regulatory Board_________________________________

Sir:

Pursuant to Section 19, of Presidential Decree No. 957 and its Implementing Rules and Regulations applies * for approval of proposed advertisement for ______________________________ (Name of Project) located at _______________________ owned and developed by ________________________ which is due for publication/broadcasting/distribution/display on _____________________________.

Attached herewith are the following:

/ / 1. Two (2) copies of the proposed advertisement;

/ / 2. A copy of Certificate of Registration and License to Sell;

/ / 3 Marketing agreement between owner/developer and broker/salesman (as applicable). aIcETS

(if the person/entity advertising is a real estate salesman, broker or dealer, the following additional requirements shall be submitted).

/ / 4. Certification from concerned HLURB Regional Officer that the applicant has not been issued Cease and Decease Order (CDO) for the project applied for.

I can be reached at

 Address:

 Telephone No.:

Or through my representative _____________________________________ NAME

 Address:

 Telephone No.:

Very truly yours,

(Printed Name and Signature)

(Designation/Position)

SUBSCRIBED AND SWORN to before me this day of _______________, 200___ in the City/Province of _________________, affiant exhibited to me his/her Residence Certificate No. _____________________ issued at ___________ on _____________.

Doc. No. _____; NOTARY PUBLIC

Page No. ____;

Book No. ____;

Series of ____.