Employment for Foreign Architects who Signed on Plans. Required Under the Implementing Rules and Regulations. (IRR) of PD and BP ”. 7. Board Res. Manila. PRESIDENTIAL DECREE NO. Subdivision and Condominium downloader's Protective Decree. (as amended by P.D. ). REGULATING THE SALE OF. pdf. REVISED IMPLEMENTING RULES AIYD REGUII\TIONS FOR PD 90, s. of ; I,VHEREAS, Section 36 0f pD mandates HLURB to issue.
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PD REGULATING THE SALE OF SUBDIVISION LOTS AND CONDOMINIUMS with IRR PD pdf - Download as PDF File .pdf), Text File . txt) or read. PD Subdivision & Condominium terney.info - Free download as PDF File .pdf), Text File .txt) or read online for free. PD - Subdivision and Condominium downloaders' Protective Decree - Download as PDF File .pdf), Text File .txt) or read online. PD
Critical areas e. Accessibility to The site must be served by a road that is readilyaccessible public lines. Saida essroadshallconform wrththe standards set transportation of hereinto accommodate expecteddemandcausedby the development proJect approved withoutthe be the area. AreaPlannlng projects the Planning designing subdivision and of shalltake intoaccount following: welfare ofthe futureoccupants: a. Whena developer planner PUD submits Planned a or UnitDevelopment of pro1ect, layout shall likewiseconform to the stiandards for type the projects.
Openspaces Open spaces shall conformto the provisions P. Where applicable, hierarchy a of41 , "f Y such recreationalareas may be provided for, such that, a strategically located main park area is supplemented or complementedby one or more smaller pocket s or areas for use.
These areas must be accessibleto living units recreational and free from anv form of hazard or risk.
Said parks and playgrounds shall be clearedand free from any debris. Parksand playgrounds muchas possible shallbe at streetlevel. Limited ownership of walls, ceilings and floor 3. Exclusive easement of the air space within his unit.
Non-exclusive easement to common areas for ingress and egress. Repair, decorate the inner surfaces of his unit as he pleases. Sell, lease, mortgage his unit. Vote and be voted upon during meetings of the condominium corporation. A copy of the description of land 2. Brief description of condominium conveyed 3. Name and personal circumstances of the condominium owner Upon registration and payment of fees of an instrument conveying a condominium, the Register of Deeds shall enter and annotate the conveyance on the certificate of title covering the land included within the project.
Transferee is then issued a condominium owners copy of the pertinent portion of such certificate of title.
In case of condominium project registered under the provisions of the Spanish Mortgage Law or Act as amended, the registration of the deed of conveyance of a condominium is sufficient if the Register of Deed has the original or signed copy, together with the certificate of the management body of the project.
A copy of said deed of conveyance will be given to the condominium owner duly acknowledged and stamped by the Register of Deeds in the same manner as in the case of registration of conveyance in accordance with the provisions of the declaration of restrictions of such project. Term of corporation the life of the condominium corporation shall be co-terminus with the existence of the condominium project and the registration and regulation of the condominium corporation shall be vested to the Housing and Land Use Regulatory Board Sec As per Building Code, a building has a life of 50 years subject to an extension of another 25 years upon issuance of the soundness of its structure.
In cases of incomplete development, it is the developer who is the one at fault, as it would then have violated its promise to the prospective buyers to provide the necessary facilities in the subdivision.
The aggrieved party, therefore, is the prospective buyer because of the non-fulfillment of the developers commitment. As such, it is but logical that the option is given to the prospective buyer, not to the developer.
Note: A condominium corporation shall not, during its existence, sell, exchange, lease or otherwise dispose of the common areas owned or held by it in the condominium project unless authorized by the affirmative vote of a simple majority of the registered owners RA Amending Secs 4 and 16 of RA 3.
Effects of Voluntary Dissolution: Sec 12 a.
Sec 15 b. Liquidation of the corporation shall be effected by the sale of the entire project subject to the rights of the corporation and individual creditors. Sec 15 c.
Co Chien v. Is the contention correct? Held: No. Upon the registration of the project, a license to sell must be obtained prior to the sale of the subdivision lots or condominium units therein. The law also provides for the suspension and revocation of the registration and license in certain instances, as well as the procedure to be observed in the event thereof. Finally, the law provides for administrative fines and other penalties in case of violation of, or non-compliance with its provisions.
A review of the relevant provisions of P. The penalty imposed by the decree is the general penalty provided for the violation of any of its provisions. It is well-settled in this jurisdiction that the clear language of the law shall prevail. This principle particularly enjoins strict compliance with provisions of law which are penal in nature, or when a penalty is provided for the violation thereof.
With regard to P. Absent any specific sanction pertaining to the violation of the questioned provisions Secs. The general penalties for the violation of any provisions in P.
As can early be seen in the aforequoted provisions, the same do not include the nullification of contracts that are otherwise validly entered.
The requirements of Section 4 and 5 of P. It is rather more of an administrative convenience in order to allow for a more effective regulation of industry. While it is the intent of the prohibition in Section 5 of P.
More importantly, when Spouse Co Chien received notice of the availability of the title to the subject property, the private respondents had long since been issued the Certificate and License. It was in fact Spouses Co Chien who, instead of paying the balance as required in the contract, sought to renegotiate the same, and failing therein, sought to nullify the contract a year and a half after notice that the title to the subject property, free from any liens and encumbrance, was already available for delivery.
One of the purposes of P. The law mandates HLURB to close regulate, supervise and monitor the real estate industry, particularly residential developments such as subdivisions and condominium projects. To this end, P. It does not, however, provide for the nullification of a contract, due to the lack of registration and license at the moment of execution, which in this case was thereafter undisputedly issued by HLURB.
As correctly averred by respondent Alsons, the requirement for registration and license is primarily directed at preventing fraudulent schemes from being perpetrated on the public who seek to have their own abode. No fraud has been alleged, much less proven, by Spouses Co Chien in the present case. The lack of certificate and registration, without more, while penalized under the law, is not in and of itself sufficient to render a contract void.
Such a deficiency, however, together with other relevant factors may be duly considered in nullifying a contract, should the circumstances so demand. There are generally three kinds of estoppel: 1 estoppel in pais; 2 estoppel by deed; and 3 estoppel by laches. Estoppel by laches is considered an equitable estoppel wherein a person who failed or neglected to assert a right for an unreasonable and unexplained length of time is presumed to have abandoned or otherwise declined to assert such right and cannot later on seek to enforce the same, to the prejudice of the other party, who has no notice or knowledge that the former would assert such rights and whose condition has so changed that the latter cannot, without injury or prejudice, be restored to his former states.
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