Guidelines for Section 4.1 of the Revised Implementing Rules and Regulations to Govern Section 18 of R.A. No. 7279

January 2, 2013

HLURB MEMORANDUM CIRCULAR NO. 02-13

 

Pursuant to Section 7 of the Housing and Land Use Regulatory Board (HLURB) Resolution No. 890, Series of 2012, or the Revised Implementing Rules and Regulations (IRR) to Govern Section 18 of Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992 (UDHA), the following guidelines are hereby issued:

RULE I

General Provisions

SECTION 1. Objective. — These guidelines aim to provide a uniform application, interpretation, usage, and implementation of Section 4.1 of Board Resolution No. 890, Series of 2012.

SECTION 2. Scope of Application. — These guidelines shall apply to developers of main subdivision projects complying with Section 18 of UDHA, or the balanced housing development requirement, by developing a new settlement through a socialized housing project or other similar housing development with a cost equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project, as implemented under Section 4.1 of Board Resolution No. 890, Series of 2012.

Proposed subdivision projects to be sold at or below the prevailing price ceiling for socialized housing, as may be fixed by the Housing and Urban Development Coordinating Council (HUDCC), shall be exempt from the coverage of this Rules.

SECTION 3. Definition of Terms. — For purposes of these guidelines, the following terms or words shall, unless the context indicates otherwise, mean or be understood as follows:

3.1 "Cease and Desist Order" refers to an order issued by HLURB directed against the developer of a main subdivision project, enjoining it from further selling lots and/or units in the said project.

3.2 "Compliance Certificate" refers to a document that proves that the developer of a main subdivision project has complied with the balanced housing development requirement of UDHA. This compliance certificate is issued by HLURB to the developer of the main subdivision project upon submission of proof of completion of the compliance project.

3.3 "Compliance Project" refers to the entire or a portion of the socialized housing project utilized to comply with the balanced housing development requirement of UDHA. It also refers to the educational facilities, health facilities, productivity/livelihood centers and other basic amenities and facilities mentioned in Section 21 of UDHA to be provided by the developer which will benefit a socialized housing project. DHcTaE

3.4 "Comprehensive Land Use Plan" refers to a document embodying specific proposals for guiding and regulating the growth and development of a city or municipality considering all sectors significant in the development process; e.g., demography, socio-economic, infrastructure and utilities, land use and local administration, within the territorial jurisdiction of the city or municipality, as approved or ratified by the Sangguniang Panlalawigan or HLURB.

3.5 "Develop an area" refers to the completion of the socialized housing project including the provision of basic amenities and facilities in accordance with the approved development plan and/or as represented in brochures and advertisement.

3.6 "Developer" refers to the person, natural or juridical, who develops or improves the main subdivision project or compliance project for and in behalf of the owner thereof. The land owner who develops a subdivision project directly shall be considered as a developer.

3.7 "Joint Venture" refers to the agreement between a developer of a main subdivision project and an HLURB-accredited developer, or a local government unit, or a housing agency, for which purpose the parties thereto combine their funds, land resource, facilities and services, to comply with the balanced housing development requirement of UDHA.

3.8 "Joint Venture Agreement" refers to the document embodying the terms of the joint venture referred to in Section 3.7 above.

3.9 "Land Development" refers to land clearing and grubbing, road construction, installation of power and water distribution system, construction of drainage and sewerage system and other developments contained in the approved plans and/or in the brochure and advertisement.

3.10 "Main Subdivision Project" refers to the proposed residential subdivision project required to comply with the twenty percent (20%) balanced housing development requirement of UDHA, the total subdivision project cost of which shall be the basis for computing such balanced housing development requirement.

3.11 "New Settlement" refers to socialized housing projects, or similar housing developments for underprivileged and homeless citizens which may be or may not be provided with access to basic facilities and services as referred to in Sections 21 and 22 of UDHA.

3.12 "Socialized Housing Project" refers to residential subdivision projects, and multi-level and medium rise housing projects and condominium projects, sold at or below the prevailing price ceiling for socialized housing and which comply with the standards under Batas Pambansa Blg. 220 (BP 220), undertaken by the government or the private sector for underprivileged and homeless citizens.

3.13 "Subdivision Project" refers to a tract or parcel of land registered under the Land Registration Act (Act No. 496), as amended by Presidential Decree No. 1529, 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.

3.14 "Subsidiary" refers to the developer of the compliance project with more than fifty percent (50%) of its voting stock owned by the developer of the main subdivision project.

3.15 "Total Subdivision Project Cost" refers to the total cost of: (i) raw land, based on the zonal value at the time of application for subdivision development permit, (ii) land development and (iii) housing component construction.

3.16 "Zoning Ordinance" refers to a local measure which embodies regulations affecting land use, the demarcation of a city into zones (areas/districts) and the establishment of regulations to govern the use of land and the location, bulk, height, shape, use, population density and coverage of structures within each zone.

RULE II

Compliance

SECTION 4. Manner of Compliance. — For purposes of complying with Section 4.1 of Board Resolution No. 890, Series of 2012, the developer of the main subdivision project shall develop a new settlement with a cost equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project. AcHEaS

In case of expansion or alteration of the main subdivision project resulting to an increase in the total subdivision project cost, the developer thereof shall be required additional compliance to be computed based on the increase in the total subdivision project cost.

SECTION 5. Modes of Compliance. — For purposes of the development of new settlement under the preceding section, the developer may choose any of the following modes of compliance:

5.1 Joint venture (JV) of the developer with an HLURB-accredited subsidiary or an HLURB-accredited developer for the production of new socialized housing projects;

5.2 Contribution of the developer in new socialized housing projects of HLURB-accredited non-government organizations (NGOs); or

5.3 The provision of educational facilities, health facilities, productivity/livelihood centers and other basic amenities and facilities mentioned in Section 21 of UDHA which will benefit a socialized housing project.

SECTION 6. Joint Venture with an HLURB-Accredited Subsidiary. — The developer of the main subdivision project shall be allowed to comply with Section 18 of UDHA through a JV with a subsidiary which has been accredited in accordance with the accreditation guidelines promulgated by HLURB. The JV shall be embodied in a notarized joint venture agreement (JVA) which shall specify:

6.1 The contribution of both parties and the sharing of profits and liabilities; and

6.2 The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted to the main subdivision project, if only a portion of the socialized housing project is being utilized as compliance for the main subdivision project.

SECTION 7. Joint Venture with an HLURB-Accredited Socialized Housing Developer. — The developer of the main subdivision project shall be allowed to comply with Section 18 of UDHA through a JV with a socialized housing developer which has been accredited in accordance with the accreditation guidelines promulgated by HLURB, and provided that such JV is entered into only after the developer of the main subdivision project has filed an application for development permit for its main subdivision project. The JV shall be embodied in a notarized JVA which shall specify:

7.1 The contribution of both parties and the sharing of profits and liabilities; and

7.2 The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted to the main subdivision project under the current JVA, if only a portion of the socialized housing project is being utilized as compliance for the main subdivision project.

Any excess blocks, lots, or units of the socialized housing project not specified in accordance with 7.2 above in the current JVA shall not be considered for compliance with Section 18 of UDHA unless the same are specified in another JVA or other JVAs with the same or other main subdivision project developers submitted upon filing of the Application for Certificate of Registration and License to Sell (CR/LS) of the socialized housing project.

SECTION 8. Contribution to New Socialized Housing Projects of HLURB-Accredited Non-Government Organizations. — The developer of the main subdivision project shall be allowed to comply with Section 18 of UDHA through contribution to new socialized housing projects of an NGO, provided that such contribution is given only to a new socialized housing project to be developed by an NGO which has been accredited by HLURB in accordance with the accreditation guidelines promulgated by HLURB, and provided further, that such contribution is made only after the developer of the main subdivision project has filed an application for development permit for its main subdivision project. The contribution shall be embodied in a notarized Memorandum of Agreement (MOA) which shall specify:

8.1. The amount of contribution of the developer of the main subdivision project and the responsibilities of both parties; and DSAEIT

8.2. The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted to the main subdivision project under the current MOA, if only a portion of the socialized housing project is being utilized as compliance for the main subdivision project.

Any excess blocks, lots, or units of the socialized housing project not specified in accordance with 8.2 above in the current MOA shall not be considered for compliance with Section 18 of UDHA unless the same are specified in another MOA or other MOAs with the same or other main subdivision project developers submitted upon filing of the Application for CR of the socialized housing project.

SECTION 9. Basic Facilities and Amenities. — The developer of the main subdivision project shall be allowed to comply with Section 18 of UDHA by providing educational facilities, health facilities, productivity/livelihood centers and other basic amenities and facilities mentioned Section 21 of UDHA which will benefit a socialized housing project. In such a case, the total cost of such facilities, amenities, or centers shall be equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project.

Compliance under this section shall be subject to existing laws, rules and ordinances of concerned government agencies and/or local government units.

SECTION 10. Computation and Allowable Combination of Compliance. — In all instances under Sections 6, 7, 8, and 9 hereof, the developer's contribution or participation shall be equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project. Otherwise, it shall not be considered as full compliance. In such a case, the developer may combine one mode of compliance with other allowable modes using the total subdivision project cost as basis for computation of the required compliance.

If the developer's contribution to the JV is a parcel of land, its prescribed zonal value at the time of application for subdivision development permit of the main subdivision project shall be used in determining the amount of such contribution.

SECTION 11. Future or Subsequent Utilization of a Compliance Project Developed by a Subsidiary. —

11.1 Future Utilization. A developer may enter into a JV with its subsidiary to develop a socialized housing project as compliance for its future main subdivision project/s.

11.2 Subsequent Utilization. A developer may enter into a JV with its subsidiary to develop a socialized housing project in excess of the required area or cost of its main subdivision project and utilize the excess thereof for the developer's other subsequent main subdivision projects.

In both cases, such future or subsequent utilization shall be declared upon application for CR/LS of the compliance project.

SECTION 12. Minimum Design Standards. — The compliance project shall be subject to the minimum design standards promulgated pursuant to Batas Pambansa Blg. 220 (BP 220), HLURB rules and regulations, and other related laws.

SECTION 13. Location of Compliance Project. — A compliance project shall be located in the same city or municipality as the main subdivision project, whenever feasible. Otherwise, it may be allowed elsewhere in the country, preferably within a zone designated in the comprehensive land use plan and zoning ordinance as a socialized housing site or in a settlement area where it is allowed.

SECTION 14. Completion. — The compliance project shall be completed within one (1) year from the issuance of its LS or such other period of time as may be fixed by HLURB.

The educational facilities, health facilities or productivity/livelihood centers and other basic amenities and facilities to be provided in accordance with Section 9 shall be completed within the period provided in its approved program of development.

SECTION 15. Compliance Certificate. — The compliance certificate shall be issued by HLURB to the developer of the main subdivision project in accordance with Section 27 hereof. EHcaAI

SECTION 16. Liability of Developers. — Notwithstanding the provisions of the JVA or MOA mentioned in Sections 7 and 8, the developer of the main subdivision project shall be liable for the full completion of the compliance project and such developer shall not be considered compliant with the balanced housing development requirement of UDHA until the complete development of the compliance project.

If any administrative sanctions and penalties for non-development have been imposed on the compliance project, a CDO shall be issued against the developer of the main subdivision project.

RULE III

Application for Certificate of Registration and License to Sell and Annotations

SECTION 17. Certificate of Registration and License to Sell. — The main subdivision project and its compliance project shall be issued separate CR/LS, subject to the procedures and documentary requirements under the existing IRR of Presidential Decree No. 957 (PD 957) or BP 220, as the case may be.

However, in case the main subdivision project and the compliance project are both under BP 220, are covered or included in a single verified survey or subdivision plan, and issued with only one development permit, only one CR shall be issued covering both the main subdivision and compliance projects.

SECTION 18. Application for Certificate of Registration and License to Sell of the Main Subdivision Project. —

18.1 If the developer of the main subdivision project is complying with the balanced housing development requirement of UDHA through a JV with a subsidiary or other socialized housing developer under Section 5.1 hereof or by contributing to a socialized housing project of an NGO under Section 5.2 hereof, the developer shall submit the following, in addition to the documents required to be submitted upon the filing of application for CR/LS of the main subdivision project in accordance with the existing IRR of PD 957 or BP 220:

18.1.1 A copy of the CR or CR/LS of the compliance project with the required annotations in accordance with Section 25 hereof. However, if the CR or CR/LS is issued by a different Regional Field Office (RFO) of HLURB, a certified true copy thereof is required.

18.1.2 A copy of the notarized JVA or MOA with the subsidiary, socialized housing developer or NGO.

18.2 If the developer of the main subdivision project is complying with the balanced housing development requirement of UDHA in accordance with Section 5.3 hereof by providing basic facility, amenity, or center which will benefit a socialized housing project, the developer shall submit the following, in addition to the documents required to be submitted upon the filing of application for CR/LS of the main subdivision project in accordance with the existing IRR of PD 957 or BP 220:

18.2.1 A copy of the building permit of the facility, amenity or center; and

18.2.2 The program of development signed and sealed by a licensed engineer or architect indicating the work activities, duration, and costing of such facility, amenity or center.

SECTION 19. Application for Certificate of Registration and License to Sell of Main Subdivision Project Utilizing a Previously Declared Compliance Project Developed by a Subsidiary. — The developer registering a main subdivision project which will utilize a previously declared compliance project developed by its subsidiary for future or subsequent utilization in accordance with Section 11 hereof shall first submit the original LS of the compliance project to the RFO that issued it for the annotation of the following new or additional items:

19.1 The name of the new main subdivision project; EaCSHI

19.2 The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted as compliance for the new main subdivision project and the total cost of such blocks and lots or units of the socialized housing project, if only a portion of the socialized housing project is being utilized as compliance for the main subdivision project; and

19.3 The available balance for future or subsequent utilization in terms of remaining cost and number of lots or units.

If the main subdivision is to be registered and licensed in another RFO, the developer shall submit therein a certified true copy of the LS of the previously declared compliance project as issued by the RFO where the same is registered, with the required new or additional annotations as above-stated.

SECTION 20. Application for Certificate of Registration or Certificate of Registration and License to Sell of the Compliance Project. — In addition to submitting the documents required upon the filing of application for CR or CR/LS of the compliance project in accordance with the existing IRR under BP 220, the subsidiary, other socialized housing developer or NGO shall:

20.1 Indicate in the application for CR or CR/LS the name, exact location, and total subdivision project cost of the main subdivision project; and

20.2 Submit a copy of the notarized JVA or MOA with the developer of the main subdivision project together with a copy of its certificate of accreditation, in addition to the documents required to be submitted upon the filing of application for CR or CR/LS of the compliance project in accordance with the existing IRR of BP 220.

SECTION 21. Application for Certificate of Registration and License to Sell of the Compliance Project to be Developed by a Subsidiary for Future or Subsequent Utilization. — If the socialized housing project to be registered is likewise intended for subsequent utilization in accordance with Section 11.2 hereof, the subsidiary shall:

21.1 Indicate in the application for CR/LS the name, exact location, the total subdivision project cost of the current main subdivision project, the particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted as current compliance, the total cost of such blocks and lots or units of the socialized housing project and the available balance for future or subsequent utilization in terms of remaining cost or number of lots or units; and  

21.2 Submit a copy of the notarized JVA with the developer of the current main subdivision project, in addition to the documents required to be submitted upon the filing of application for CR/LS of the compliance project in accordance with the existing IRR of BP 220.

If the socialized housing project to be registered is intended for future utilization in accordance with Section 11.1 hereof, such intention shall likewise be indicated in the application for CR/LS.

SECTION 22. Publication. — Upon receipt of the Notice to Publish from the RFO, the developer of the main subdivision project and the HLURB-accredited developer or the NGO shall cause the publication of the notice of filing of registration statement and the posting of billboard notices at the sites of both the main subdivision and compliance projects. In addition to the requirements of PD 957 and its IRR or the IRR of BP 220, the notice of filing of registration statement shall likewise include the following:

22.1 For the main subdivision project:

22.1.1 The name and location of the compliance project;

22.1.2 The name of the accredited subsidiary, other accredited socialized housing developer or accredited NGO in the JVA or MOA; and

22.1.3 The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted as compliance for the main subdivision project under the current JVA or MOA, if only a portion of the socialized housing project is being utilized as compliance for the main subdivision project; or

22.1.4 The nature of the facility, amenity, or center to be provided and the name and location of the socialized housing project which will benefit therefrom. DACaTI

22.2 For the compliance project:

22.2.1 The name and location of the main subdivision project; and

22.2.2 The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted as compliance for the main subdivision project under the current JVA or MOA, if only a portion of the socialized housing project is utilized as compliance for the main subdivision project; or

22.2.3 The names and locations of the different main subdivision projects, if the socialized housing project is being utilized as compliance for two or more main subdivision projects; and

22.2.4 The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted as compliance for each main subdivision project in the case of 22.2.3 above.

If the developer of the main subdivision project is combining different modes of compliance in accordance with Section 10 hereof, the other modes and the respective amounts or costs of contribution, participation, purchase, subscription or provision shall likewise be stated in the notice of filing of registration statement.

The format of the notice of filing of registration statement is hereto attached as Annex "A".

SECTION 23. Posting of Billboard Notices. — The billboard notices required by the IRRs of PD 957 and BP 220 shall be posted at the sites of both the main subdivision project and the compliance project and both shall contain the same information stated in the notice of filing of registration statement. The billboard notices for the main subdivision project and the compliance project shall be posted until their respective LS is issued. A new billboard notice for the compliance project shall be posted in case of its subsequent utilization and the same shall remain posted until the LS of the new main subdivision project is issued.

The developer of the main subdivision project complying under Section 5.3 hereof shall likewise cause the posting of a billboard notice at the site of the facility, amenity, or center that will benefit a socialized housing project and shall indicate therein the fact that the same is being utilized as compliance for the main subdivision project of the developer and the cost of such facility, amenity, or center based on its approved program of development.

The format of the billboard notice is hereto attached as Annex "B".

SECTION 24. Submission of Affidavits of Publication and Posting. — The developer shall submit the Affidavit of Publication executed by the publisher and the Affidavit of Posting of Billboard Notice to the RFO where the projects are respectively registered. The Affidavit of Posting of Billboard Notice shall state therein the fact of posting of the billboard notices at the sites of both the main subdivision and compliance projects and a photograph of each of the billboard notices clearly showing the locations where they are posted shall be attached and annexed to the affidavit.

The pro-forma copy of the Affidavit of Posting of Billboard Notice is hereto attached as Annex "C".

SECTION 25. Annotations on and Issuance of the Certificate of Registration or Certificate of Registration and License to Sell of the Compliance Project. — Upon submission of all of the required documents for registration and licensing of the compliance project, the RFO shall prepare its CR or CR/LS and cause the annotation of the following:

25.1 On the LS or CR of the compliance project to be developed by a subsidiary of the main developer, other socialized housing developer or NGO:

25.1.1 The name and exact location of the main subdivision project; and EASCDH

25.1.2 The total subdivision project cost of the main subdivision;

25.2 On the LS or CR of the compliance project to be developed by a subsidiary of the main developer, other socialized housing developer or NGO as compliance for two or more main subdivision projects:

25.2.1 The names, exact locations and the total subdivision project costs of each of the main subdivision projects; and

25.2.2 The particular block numbers and lot numbers or unit numbers of the socialized housing project allotted as compliance for each of the main subdivision project and the total cost of such blocks and lots or units of the socialized housing project.

25.3 On the LS of the compliance project to be developed by a subsidiary likewise for subsequent utilization by the developer of the main subdivision for its other main subdivision projects:

25.3.1 The name, exact location and total subdivision project cost of the current main subdivision project;

25.3.2 The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted as current compliance and the total cost of such blocks and lots or units of the socialized housing project; and

25.3.3 The available balance for future or subsequent utilization in terms of remaining cost and number of lots or units.

If the RFO finds everything complete and in order, it shall approve and release the CR or CR/LS of the compliance project.

SECTION 26. Annotations on and Issuance of the Certificate of Registration and License to Sell of the Main Subdivision Project. — Upon submission of all of the required documents for registration and licensing of the main subdivision project, the RFO shall prepare its CR/LS and cause the annotation of the following on its LS:

26.1 The name, location, LS number and date of issue and the total subdivision project cost of the compliance project; and

26.2 The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted to the main subdivision project under the current JVA or MOA, if only a portion of the socialized housing project is being utilized as compliance for the main subdivision project; or

26.3 The nature of the educational facilities, health facilities, productivity/livelihood centers or basic amenities and facilities to be provided, the name and location of the socialized housing project which will benefit therefrom, and the cost of the facilities, amenities or centers based on their approved programs of development.

If the RFO finds everything complete and in order, it shall approve and release the CR or CR/LS of the main subdivision project.

RULE IV

Compliance Certificate

SECTION 27. Issuance of Compliance Certificate. — A compliance certificate shall be issued to the main subdivision project upon full compliance with the balanced housing development requirement of UDHA by the developer, in accordance with the following procedure:

27.1 If the main subdivision and compliance projects are registered in the same RFO:

27.1.1 Upon issuance of a Certificate of Completion to the compliance project, if the entire socialized housing project constitutes full compliance for the main subdivision project; or

27.1.2 If only a portion of the compliance project is being utilized as compliance for the main subdivision project, upon issuance by the RFO of a certification attesting that the particular blocks and lots or units of the socialized housing project allotted as current compliance for the main subdivision project, together with the required roads and access to ingress or egress, the utilities and amenities, and the required open space, have been completely developed. acHCSD

27.2 If the main subdivision and compliance projects are registered in two different RFOs:

27.2.1 Upon submission by the developer of a certified true copy of the Certificate of Completion issued to the compliance project, if the entire socialized housing project constitutes full compliance for the main subdivision project; or

27.2.2 If only a portion of the compliance project is being utilized as compliance for the main subdivision project, upon submission by the developer of a certification from the RFO where the compliance project is registered attesting that the particular blocks and lots or units of the socialized housing project allotted as compliance for the main subdivision project, together with the required roads and access to ingress or egress, the utilities and amenities and the required open space, have been completely developed.

27.3 If the developer is complying through the provision of educational facilities, health facilities, productivity/livelihood centers, and other basic amenities and facilities which will benefit a socialized housing project, upon submission by the developer of a certified true copy of the Fire Safety Inspection Certificate and Occupancy Permit issued by the LGU to such educational facilities, health facilities, productivity/livelihood centers or other basic amenities and facilities. 

If the developer avails of the allowable combination of modes of compliance, the compliance certificate shall only be issued upon completion of all the component modes of compliance.

RULE V

Monitoring, Sanctions and Remedies

SECTION 28. Monitoring. — Both the main subdivision project and the compliance project shall be subject to the regular monitoring activity of the RFO where each project is registered.

SECTION 29. Suspension or Revocation of License to Sell. — The LS of the main subdivision project shall be suspended or revoked and a CDO shall be issued against its developer in case the CR or LS of the compliance project is suspended or revoked in accordance with existing HLURB substantive and procedural rules, on the ground, among others, of non-completion of development of the compliance project within the period fixed by HLURB.

The LS of the main subdivision project shall likewise be suspended or revoked and a CDO shall be issued against its developer in case the facility, amenity or center which is to be provided to benefit a socialized housing project is not completed within the duration indicated in the approved program of development.

Any order of suspension or revocation issued against the compliance project shall be reported, within five (5) working days from the issuance of the said order by the RFO where the compliance project is registered to the RFO where the main subdivision project is registered in order that appropriate sanctions may be imposed on the main subdivision project.

The RFO may lift the CDO upon:

29.1 Reinstatement of the CR or LS of the compliance project; or

29.2 Submission of proof of a different full compliance without prejudice to the liabilities that the developer may have incurred in the development of the original compliance project.

SECTION 30. Sanctions. — The imposition of fines and other administrative sanctions shall be in accordance with the schedule and guidelines promulgated by HLURB.

SECTION 31. Effect of Non-Completion. — The application for the issuance of CR/LS of a developer for a new main subdivision project anywhere in the Philippines shall not be accepted or shall be denied if any of its compliance projects for any of its main subdivision projects has not been completed within the period fixed by HLURB. TCaAHI

RULE VI

Separability and Effectivity

SECTION 32. Separability Clause. — The provisions of these Guidelines are hereby declared separable and, in the event that any provision herein is declared null and void, the validity of all other provisions shall not be affected thereby.

SECTION 33. Effectivity Clause. — These guidelines shall take effect immediately.

For strict compliance and implementation.

 

(SGD.) ANTONIO M. BERNARDOCommissioner and Chief Executive Officer

ANNEX A

 

NOTICE OF FILING OF REGISTRATION STATEMENT FOR THE MAIN SUBDIVISION PROJECT

 

HOUSING AND LAND USE REGULATORY BOARD

 

NOTICE

 

Notice is hereby given that _______________________ (OWNER/DEVELOPER) has filed with this Office a sworn registration statement for the sale of ___________________ (LOTS/HOUSE AND LOTS) in ___________________________ (NAME OF MAIN SUBDIVISION PROJECT) located at ______________ (LOCATION) and more particularly described as ______________ (LOT/PSD NO.) containing an area of ________ sq.m. and covered by TCT No. _______________.

The foregoing project is utilizing _______________________ (NAME OF COMPLIANCE PROJECT/NAME OF FACILITY, CENTER OR BASIC AMENITY) located at _______________ (LOCATION) as its compliance pursuant to Section 18 of Republic Act No. 7279.

All papers relative thereto shall, upon request and payment of processing fee, be available for inspection during business hours by any person having legal interest thereon.

Absent any legal impediment, the above-cited project is deemed registered and a certificate, in evidence thereof, shall forthwith be issued after five (5) days from the last day of publication.

_______________

____________________

 

PILIPINO VERSION OF NOTICE OF FILING OF REGISTRATION STATEMENT FOR THE MAIN SUBDIVISION PROJECT (PANGUNAHING PROYEKTO)

 

HOUSING AND LAND USE REGULATORY BOARD

 

PAUNAWA

 

Ipinagbibigay-alam na ang __________________ (MAY-ARI/DEVELOPER) ay naghain sa Tanggapang ito ng sinumpaang aplikasyon para sa pagbebenta ng mga ________________ (LOTE/BAHAY AT LOTE) sa ______________________ (PANGUNAHING PROYEKTO) na matatagpuan sa ____________ (KINAROROONAN) at sinasakop ng ________________ (LOT/PSD NO.) sa ilalim ng ______________ (TITULO BLG.).

Ang nasabing proyekto ay ginagamit ang _______________ (PROYEKTONG TAGATUPAD O PASILIDAD O SENTRONG PANGKALUSUGAN, PANG EDUKASYON, ATBP.) na matatagpuan sa ______________ (KINAROROONAN) bilang pagtupad sa Seksyon 18 ng Batas ng Republika Blg. 7279.

Lahat ng mga kasulatang kaugnay nito ay maaaring suriin ng sinuman na nagtataglay ng legal na interes dito matapos humiling ng pagsusuri at magbayad ng kaukulang halaga sa tanggapang ito. DTIaHE

Kapag walang sagabal na legal, ang proyektong nabanggit ay ituturing na rehistrado at maaari nang bigyan ng sertipiko bilang katibayan nito, pagkalipas ng limang (5) araw mula sa huling paglalathala.

________________________

___________________

 

NOTICE OF FILING OF REGISTRATION STATEMENT FOR THE COMPLIANCE PROJECT

 

HOUSING AND LAND USE REGULATORY BOARD

 

NOTICE

 

Notice is hereby given that _______________ (OWNER/DEVELOPER) has filed with this Office a sworn registration statement for the sale of _______________ (LOTS/HOUSE AND LOTS/UNITS) in __________________ (NAME OF COMPLIANCE PROJECT) located at ________________ (LOCATION) and more particularly described as ________________ (LOT/PSD NO.) containing an area of _______ sq.m. and covered by TCT No. ________.

The foregoing project is being utilized as compliance for _______________________ (NAME OF MAIN SUBDIVISION PROJECT) located at ____________________ (LOCATION), in accordance with Section 18 of Republic Act No. 7279.

All papers relative thereto shall, upon request and payment of processing fee, shall be available for inspection during business hours by any person having legal interest thereon.

Absent any legal impediment, the above-cited project is deemed registered and a certificate, in evidence thereof, shall forthwith be issued after five (5) days from the last day of publication.

________________

____________________

 

PILIPINO VERSION OF NOTICE OF FILING OF REGISTRATION STATEMENT FOR THE COMPLIANCE PROJECT (PROYEKTONG TAGATUPAD)

 

HOUSING AND LAND USE REGULATORY BOARD

 

PAUNAWA

 

Ipinagbibigay-alam na ang _________________ (MAY-ARI/DEVELOPER) ay naghain sa Tanggapang ito ng sinumpaang aplikasyon para sa pagbebenta ng mga __________________ (LOTE/BAHAY AT LOTE/YUNITS) sa _________________ (PROYEKTONG TAGATUPAD) na matatagpuan sa __________________ (KINAROROONAN) at sinasakop ng _____________ (LOT/PSD NO.) sa ilalim ng ________________ (TITULO BLG.).

Ang nasabing proyekto ay ginagamit ng ____________________ (PANGUNAHING PROYEKTO O PASILIDAD O SENTRONG PANGKALUSUGAN, PANG EDUKASYON, ATBP.) na matatagpuan sa ________________ (KINAROROONAN) bilang pagtupad sa Seksyon 18 ng Batas Republika Blg. 7279.

Lahat ng mga kasulatang kaugnay nito ay maaaring suriin ng sinuman na nagtataglay ng legal na interes dito matapos humiling ng pagsusuri at magbayad ng kaukulang halaga sa tanggapang ito.

Kapag walang sagabal na legal, ang proyektong nabanggit ay ituturing na rehistrado at maaari nang bigyan ng sertipiko bilang katibayan nito, pagkalipas ng limang (5) araw mula sa huling paglalathala. IaAScD

_________________________

___________________

ANNEX B

 

BILLBOARD NOTICE

 

Main Subdivision Project

 

Name of Project:	ABC SUBDIVISION
Owner/Developer:	ABC REALTY & DEVT. CORP.
Location:	____________________________
Total Subdivision	P______________
Project Cost:
Compliance Project:	XYZ SOCIALIZED
	HOUSING PROJECT/XYZ
	EDUCATIONAL or HEALTH
	CENTER
	XYZ SOCIALIZED BUILDER
Location:	____________________________
Compliance Cost:	P______________

Compliance Project

Name of Compliance	XYZ SOCIALIZED
Project:	HOUSING PROJECT
Owner/Developer:	XYZ SOCIALIZED BUILDER
Location:	____________________________
Project Cost:	P______________
Main Subdivision Project:	ABC SUBDIVISION
Owner/Developer:	REALTY & DEVT. CORP.
Location:	____________________________
Project Cost:	P______________

ANNEX C

AFFIDAVIT OF POSTING OF BILLBOARD NOTICE FOR THE MAIN SUBDIVISION PROJECT

 

Republic of the Philippines ] ] s.s.

 

AFFIDAVIT OF POSTING OF BILLBOARD NOTICE

 

I, ______________, Filipino, of legal age, with residence and postal address at _____________________, after being sworn in accordance with law, hereby depose and state:

1. That I am the _____________ (POSITION) of ____________ (OWNER/DEVELOPER);

2. That said corporation is the owner/developer of _____________ (NAME OF MAIN SUBDIVISION PROJECT) located at ____________________ (LOCATION) which is the subject of an application for Certificate of Registration and License to Sell before the Housing and Land Use Regulatory Board (HLURB);

3. That ____________________ (OWNER/DEVELOPER) has caused the posting of a 3' X 6' billboard notice in front of the project site in compliance with the requirements of the HLURB;

4. That stated in the said billboard notice are the following:

 

4.1	Name and location of the	________________________
	main subdivision project:
4.2	Total subdivision project	Pesos: ______ or ______ sq.m.
	cost:	(P___________)
4.3	Name and location of the	________________________
	compliance project:
4.4	Compliance Cost:	Pesos: ______ or ______ sq.m.
		(P___________)

 

5. That a billboard notice was likewise posted in front of the project site of ________________ (NAME OF COMPLIANCE PROJECT) located at ___________________; 

6. Photographs of the two billboard notices as posted in front of the project sites are hereto attached as ANNEXES A and B hereof.

IN WITNESS WHEREOF, I hereunto affix my signature this ___ day of __________, 20__ in _________________________.

AFFIANT

 

(NOTARIZATION)

AFFIDAVIT OF POSTING OF BILLBOARD NOTICE FOR THE COMPLIANCE PROJECT

 

Republic of the Philippines ] ] s.s.

 

AFFIDAVIT OF POSTING OF BILLBOARD NOTICE

 

I, ______________, Filipino, of legal age, with residence and postal address at _____________________, after being sworn in accordance with law, hereby depose and state:

1. That I am the _____________ (POSITION) of ____________ (OWNER/DEVELOPER); SAHIaD

2. That said corporation is the owner/developer of __________________ (NAME OF COMPLIANCE PROJECT) located at ______________ (LOCATION) which is the subject of an application for Certificate of Registration and License to Sell before the Housing and Land Use Regulatory Board (HLURB);

3. That ____________________ (OWNER/DEVELOPER) has caused the posting of a 3' X 6' billboard notice in front of the project site in compliance with the requirements of the HLURB;

4. That stated in the said billboard notice are the following:

 

4.1	Name and location of the	________________________
	main subdivision project:
4.2	Total subdivision area	Pesos: ______ or ______ sq.m.
	or cost:	(P___________)
4.3	Name and location of the	________________________
	compliance project:
4.4	Total project area or cost	Pesos: ______ or ______ sq.m.
	of the compliance project:	(P___________)

 

5. That a billboard was likewise posted in front of the project site of ____________________ (NAME OF MAIN SUBDIVISION PROJECT) located at _______________ (LOCATION); (Optional, only in case of simultaneous filing of the applications for main and compliance projects)

6. Photographs of the two billboard notices as posted in front of the project sites are hereto attached as ANNEXES A and B hereof.

IN WITNESS WHEREOF, I hereunto affix my signature this ___ day of __________, 20__ in _________________________.

AFFIANT

 

(NOTARIZATION)