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

• Number: Presidential Decree No. 1344
• Sections: 5

Preamble

WHEREAS, under Presidential Decree No. 957, the National

Housing Authority is vested with the exclusive jurisdiction over the real estate

trade and business;

WHEREAS, the Decree did not expressly provide the means to

enforce its decisions 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

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:

Unsound real estate business practices;

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

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.

Section 2

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

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

SECTION 4. — This Decree shall take effect immediately.

DONE in the City of Manila, this 2nd day of April, in the year of Our Lord,

nineteen hundred and seventy-eight.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential

Assistant