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PRESIDENTIAL DECREE NO. 1344
PRESIDENTIAL DECREE NO. 1344 -
EMPOWERING THE NATIONAL HOUSING AUTHORITY TO ISSUE WRIT OF EXECUTION IN
THE ENFORCEMENT OF ITS DECISION UNDER PRESIDENTIAL DECREE NO. 957
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WHEREAS,
under Presidential Decree No. 957, the National Housing Authority is
vested with the exclusive jurisdiction over the real estate trade and
business; chanroblesvirtualawlibrary
WHEREAS, the Decree did not expressly provide the means to enforce its
decision in favor of the prevailing party, thereby rendering such
decisions inutile;chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
A. Unsound real estate business practices;chanroblesvirtualawlibrary
B. 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
C. 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. chanroblesvirtualawlibrary
DONE in the City of Manila this
2nd day of April, in the year of Our Lord, nineteen hundred and
seventy-eight.
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