Guidelines for Section 4.3 of the Revised Implementing Rules and Regulations to Govern Section 18 of R.A. No. 7279

January 2, 2013

HLURB MEMORANDUM CIRCULAR NO. 04-13

 

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 4.3 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 socialized housing project or housing project in a resettlement area, by developing and completing a socialized housing project which has been taken over by the HLURB pursuant to Section 35 of Presidential Decree No. 957 (PD 957), by rehabilitating non-performing socialized housing assets, by providing educational facilities, health facilities, productivity/livelihood centers and other basic facilities and amenities mentioned in Section 21 of UDHA which will benefit a socialized project or by purchasing socialized housing bonds issued by any of the housing agencies and approved by the HLURB through a joint venture (JV) with either a local government unit (LGU) or any of the housing agencies, with costs equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project, as implemented under Section 4.3 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 or proof of the purchase of socialized housing bonds issued by any of the housing agencies and approved by HLURB, with costs equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project. ScaATD

3.3 "Compliance Project" refers to the entire or portion of the socialized housing project, the housing project in a resettlement area, the socialized housing project which has been taken over by HLURB or the non-performing socialized housing assets 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 of the main subdivision project which will benefit a socialized housing project.

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

3.6 "Housing Agencies" refers to the Housing and Urban Development Coordinating Council (HUDCC), the Home Development Mutual Fund (HDMF), the Home Guaranty Corporation (HGC), the Housing and Land Use Regulatory Board (HLURB), the National Home Mortgage Finance Corporation (NHMFC), the National Housing Authority (NHA) and the Social Housing Finance Corporation (SHFC).

3.7 "Joint Venture" refers to the agreement between a developer of a main subdivision project and 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 "Local Government Unit" refers to a province, city or municipality.

3.11 "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.

3.12 "Non-Performing Socialized Housing Assets" refers to socialized housing units or projects owned by the housing agencies needing rehabilitation before they can be made available for sale at or below the prevailing price ceiling for socialized housing under the IRR of Batas Pambansa Blg. 220 (BP 220).

3.13 "Rehabilitation" refers to the repair and restoration of existing socialized housing projects which are already considered as non-performing assets of the housing agencies, in accordance with the standards under the implementing rules and regulations of Batas Pambansa Blg. 220.

3.14 "Resettlement Areas" refers to areas identified by the National Housing Authority (NHA) or by a local government unit, with respect to areas under or within its jurisdiction, which shall be utilized for the relocation of underprivileged and homeless citizens. HEcaIC

3.15 "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, undertaken by the government or the private sector for underprivileged and homeless citizens.

3.16 "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.

3.17 "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.

3.18 "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 4.3 of Board Resolution No. 890, Series of 2012, the developer of the main subdivision project may enter into a joint venture (JV) with a local government unit (LGU) or any of the housing agencies wherein the developer's participation in or contribution to the JV shall be equivalent to at least twenty percent (20%) of the total subdivision project cost of the main subdivision project.

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 entering into a JV with an LGU or any of the housing agencies, the developer may choose any of the following modes of compliance:

5.1 Development of a socialized housing project or a housing project in a resettlement area;

5.2 Development and completion of a socialized housing project which has been taken over by HLURB pursuant to Section 35 of Presidential Decree No. 957 (PD 957);

5.3 Rehabilitation of non-performing socialized housing assets; or

5.4 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; or

5.5 Purchase of socialized housing bonds issued by any of the housing agencies and approved by HLURB.

SECTION 6. Joint Venture with a Local Government Unit. — The developer of a main subdivision project may be allowed to comply with Section 18 of UDHA by entering into a JV with an LGU for:

6.1 The development of a socialized housing project or a housing project in a resettlement area. This JV shall be embodied in a notarized joint venture agreement (JVA) which shall specify: 

6.1.1 The amount of contribution of the developer of the main subdivision project to the JV;

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

6.1.3 The creation of a special bank account for the JV. IaECcH

 Any excess blocks, lots, or units of the socialized housing project not specified in accordance with 6.1.2 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.

6.2 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. This JV shall be embodied in a notarized JVA which shall specify:

6.2.1 The amount of contribution of the developer of the main subdivision project to the JV;

6.2.2 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

6.2.3 The creation of a special bank account for the JV.

Compliance under Section 6.2 hereof shall be subject to the existing laws, rules and ordinances of the concerned local government units.

SECTION 7. Joint Venture with Any of the Housing Agencies. — The developer of a main subdivision project may be allowed to comply with Section 18 of UDHA by entering into a JV with any of the housing agencies for:

7.1 The development of a socialized housing project or a housing project in a resettlement area. This JV shall be embodied in a notarized JVA which shall specify:

7.1.1 The amount of contribution of the developer of the main subdivision project to the JV;

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

7.1.3 The creation of a special bank account for the JV.

7.2 The rehabilitation of non-performing socialized housing assets. This JV shall be embodied in a notarized JVA which shall specify:

7.2.1 The amount of contribution of the developer of the main subdivision project to the JV;

7.2.2 The nature, extent and cost of the work to be done on the rehabilitation of the aforesaid non-performing socialized housing assets based on the program of development signed and sealed by a licensed engineer or architect; and

7.2.3 The creation of a special bank account for the JV.

7.3 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. This JV shall be embodied in a notarized JVA which shall specify:

7.3.1 The amount of contribution of the developer of the main subdivision project to the JV;

7.3.2 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

7.3.3 The creation of a special bank account for the JV. IcaHTA

 Compliance under Section 7.3 hereof shall be subject to the existing rules of the concerned housing government agencies.

7.4 The purchase of socialized housing bonds issued by any of the housing agencies and approved by HLURB. This purchase shall be evidenced by a certificate which shall specify:

7.4.1 The total purchase price paid for the socialized housing bonds; and

7.4.2 The terms, conditions and undertakings of the socialized housing bonds.

SECTION 8. Joint Venture with the Housing and Land Use Regulatory Board. — The developer of a main subdivision project may be allowed to comply with Section 18 of UDHA by entering into a JV with HLURB for the development and completion of a socialized housing project which has been taken over by HLURB pursuant to Section 35 of PD 957. This JV shall be embodied in a notarized JVA which shall specify:

8.1 The amount of contribution of the developer of the main subdivision project to the JV;

8.2 The nature, extent and cost of the work to be done on the development and completion of the aforesaid socialized housing project based on the program of development signed and sealed by a licensed engineer or architect; and

8.3 The creation of a special bank account for the JV.

SECTION 9. Computation and Allowable Combination of Compliance. — In all instances under Sections 6, 7, and 8 hereof, the amount of the developer's contribution or the total price of the socialized housing bonds purchased 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 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 10. 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 11. 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 12. Completion of Compliance Project. — The compliance project shall be completed within one (1) year from the issuance of its Certificate of Registration and License to Sell (CR/LS), as the case may be, 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 a socialized housing project in accordance with Sections 5.4 hereof shall be completed within the period provided in its approved program of development.

SECTION 13. Special Bank Account. — The LGU or the housing agency shall deposit all proceeds received under Sections 6, 7 and 8 hereof in a special bank account established for that purpose, except for the proceeds received under Section 7.4 hereof which may be deposited in the general or other accounts of the housing agency.

SECTION 14. Compliance Certificate. — A compliance certificate shall be issued by HLURB to the developer of the main subdivision project in accordance with Section 24 hereof.

SECTION 15. Liability of Developers. — Notwithstanding the provisions in the JVA, 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 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. AcHSEa

RULE III

Application for Certificate of Registration and License to Sell and Annotations

SECTION 16. Certificate of Registration and License to Sell. — The main subdivision project and the compliance project that may be developed in accordance with Sections 6.1 or 7.1 hereof shall be issued separate CR/LS, subject to the procedures and documentary requirements under the existing IRR of PD 957 or BP 220.

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

17.1 If the developer of the main subdivision project is complying with the balanced housing development requirement of UDHA through a JV with an LGU or a housing agency under Sections 6.1 and 7.1 hereof for the development of socialized housing project or housing project in a resettlement area, 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:

17.1.1 A copy of the LS of the compliance project with the required annotations in accordance with Section 23 hereof. However, if the LS is issued by a different Regional Field Office (RFO) of the HLURB, a certified true copy thereof is required; and

17.1.2 A copy of the notarized JVA with the LGU or housing agency.

17.2 If the developer of the main subdivision project is complying with the balanced housing development requirement of UDHA through JV with the HLURB for the development and completion of a socialized housing project taken over by HLURB under Section 8 hereof or for the rehabilitation of non-performing socialized housing assets under Section 7.2 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: 

17.2.1 A copy of the notarized JVA with HLURB or the housing agency; and

17.2.1 A copy of the program of development signed and sealed by a licensed engineer or architect.

17.3 If the developer of the main subdivision project is complying with the balanced housing development requirement of UDHA by providing educational facilities, health facilities, productivity/livelihood centers and other basic amenities and facilities that will benefit a socialized housing project in accordance with Sections 6.2 and 7.3 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:

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

17.3.2 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. ISCHET

17.4 If the developer of the main subdivision project is complying with the balanced housing development requirement of UDHA through the purchase of approved socialized housing bonds under Section 7.4 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:

17.4.1 A certified true copy of the certificate of purchase of the approved socialized housing bond; and

17.4.2 A certified true copy of the official receipt evidencing payment of the approved socialized housing bond.

SECTION 18. Application for 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/LS of the compliance project in accordance with the existing IRR under BP 220, the developer shall:

18.1 Indicate the following information in the application for CR/LS of the compliance project:

18.1.1 Name and exact location of the main subdivision project; and

18.1.2 The total subdivision project cost of the main subdivision project.

18.2 Submit the following:

18.2.1 A copy of the notarized JVA with the LGU or housing agency; and

18.2.2 A certified true copy of the resolution of the local sanggunian of the LGU or of the board of the housing agency, as the case may be, approving and authorizing the JV between the developer of the main subdivision project and the LGU or the housing agency.

SECTION 19. Publication. — Upon receipt of the Notice to Publish from the RFO, the developer 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:

19.1 For the main subdivision project:

19.1.1 The name of the LGU or housing agency with which the developer entered into a JV; and

19.1.2 The name and location of the compliance project;

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

19.2 For the compliance project:

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

19.2.2 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, if only a portion of the socialized housing project is being utilized as compliance for the main subdivision project; or

19.2.3 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

19.2.4 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 19.2.3 above.

If the developer of the main subdivision project is combining different modes of compliance in accordance with Section 9 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. SEHaDI

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

SECTION 20. Posting of Billboard Notices. — The billboard notices required by the IRR 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 as 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 CR or LS is issued.

The developer of the main subdivision project complying under Section 6.2 or 7.3 hereof shall likewise cause the posting of a billboard notice at the site of the facility, amenity, or center to be provided to 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 21. 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/s to the RFO where the projects are respectively registered. The Affidavit of Posting of Billboard Notices shall state therein the fact of posting of billboard notices at the sites of both the main subdivision project and the compliance project 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/s is hereto attached as Annex "C".

SECTION 22. Annotations on and Issuance of the Certificate of Registration and/or License to Sell of the Compliance Project. — Upon submission of all of the required documents for registration and/or and licensing of the compliance project, the RFO shall prepare its CR/LS and cause the annotations of the following:

22.1 On the LS of the compliance project:

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

22.1.2 The total subdivision project cost of the main subdivision project.

22.2. On the LS of the compliance project utilized as compliance for two or more main subdivision projects:

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

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

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

SECTION 23. 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/or and licensing of the main subdivision project, the RFO shall prepare its CR/LS and cause the annotation of following on its LS:

23.1 If the developer of the main subdivision project is complying under Sections 6.1 or 7.1 hereof:

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

23.1.2 The particular block numbers and lot numbers or unit numbers of the socialized housing project being allotted as compliance 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. SDEHCc

23.2 If the developer of the main subdivision project is complying under Section 7.2 or 8 hereof:

23.2.1 The name and location of the socialized housing projects or units to be rehabilitated or the socialized housing project taken over by HLURB; and

23.2.2 The total cost of such undertaking based on the approved program of development.

23.3 If the developer of the main subdivision project is complying under Section 6.2 or 7.3 hereof:

23.3.1 The nature of the educational facilities, health facilities, productivity/livelihood centers or basic amenities and facilities to be provided and the name and location of the socialized housing project which will benefit therefrom; and

23.3.2 The cost of the provision of the amenities, facilities or centers based on their approved programs of development.

23.4 If the developer of the main subdivision project is complying under Section 7.4 hereof:

23.4.1 The certificate number, date of issue and amount of the socialized housing bonds purchased; and

23.4.2 The official receipt number and date of issue.

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

RULE IV

Compliance Certificate

SECTION 24. 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:

24.1 If the developer of the main subdivision project is complying under Sections 6.1, 7.1, or 8 hereof:

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

24.1.1.1 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 

24.1.1.2 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 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.

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

24.1.2.1 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 DSHcTC

24.1.2.2 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.

24.2 If the developer is complying under Sections 6.2, 7.2 or 7.3 hereof, upon submission by the developer of a certified true copy of the Fire Safety Inspection Certificate and Occupancy Permit issued by the LGU to the educational facilities, health facilities, productivity/livelihood centers or other basic amenities and facilities provided or to the non-performing socialized housing assets rehabilitated; and

24.3 If the developer is complying under Section 7.4 hereof, upon submission by the developer of a certified true copy of the certificate of purchase and of the official receipt evidencing payment of the approved socialized housing bond issued by any of the housing agencies.

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

SECTION 26. 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 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, center or amenity 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:

26.1 Reinstatement of the License to Sell of the compliance project; or

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

SECTION 28. 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.

RULE VI

Separability and Effectivity

SECTION 29. 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. CHTcSE

SECTION 30. 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) or ______________________ (PURCHASE OF SOCIALIZED HOUSING BOND ISSUED BY) 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) o ________________ (PAGBILI NG PABAHAY BONDS MULA SA ______________) 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.

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) 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.

_________________________

____________________

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
	PURCHASE OF SOCIALIZED HOUSING
	BONDS/XYZ EDUCATIONAL/
	HEALTH CENTER
Owner/Developer:	XYZ SOCIALIZED BUILDER
Location:	___________________________
Compliance Cost:	___________________________
	P___________

 

Compliance Project

 

Name of Compliance	XYZ SOCIALIZED HOUSING
Project:	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); HcaDIA

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 cost:	Pesos: ______ or _____ sq.m.
		(P___________)
4.3	Name and location of	____________________________
	the compliance projector	Or Purchase of Socialized Housing
	or Mode of Compliance:	Bond Issued by ____________
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);

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) TcHEaI

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)