Empowering the National Housing Authority to Issue Writ of Execution in Enforcement of Its Decision

April 2, 1978

PRESIDENTIAL DECREE NO. 1344

EMPOWERING THE NATIONAL HOUSING AUTHORITY TO ISSUE WRIT OF EXECUTION IN THE ENFORCEMENT OF ITS DECISION UNDER PRESIDENTIAL DECREE NO. 957

WHEREAS, under Presidential Decree No. 957, the National Housing Authority is vested with the exclusive jurisdiction over the real estate trade and business; aisa dc

WHEREAS, the Decree did not expressly provide the means to enforce its decision in favor of the prevailing party, thereby rendering such decisions inutile;

WHEREAS, many subdivision lot buyers have been appalled by the inability of the National Housing Authority to enforce decisions rendered in their favor, thereby giving rise to disillusionment and skepticism about the noble objectives of Presidential Decree No. 957; and

WHEREAS, it has become necessary to strengthen the powers of the National Housing Authority to enable it to enforce and execute its decisions.

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:

SECTION 1.  In the exercise of its functions to regulate the real estate trade and business and in addition to its powers provided for in Presidential Decree No. 957, the National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature:

A.  Unsound real estate business practices;

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

C.  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. cd

SECTION 2.  The decision of the National Housing Authority shall become final and executory after the lapse of fifteen (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 is not reversed and/or amended within a period of thirty (30) days, the decision is deemed affirmed. Proof of the appeal of the decision must be furnished the National Housing Authority.

SECTION 3.  As soon as the decision has become final and executory, the National Housing Authority shall, on motion of the interested party, issue a writ of execution enforceable in accordance with the provisions of the rules of Court of the Philippines.

SECTION 4.  This Decree shall take effect immediately. acd

DONE in the City of Manila, this 2nd day of April, in the year of Our Lord, Nineteen Hundred and Seventy-Eight.

Published in the Official Gazette, Vol. 74 No. 34 Page 6543 on August 21, 1978.