Presidential Decree No. 1344 (PD 1344) — Empowering the National Housing Authority to Issue Writ of Execution in the Enforcement of Its 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;
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. 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. — 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.
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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
