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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Empowering The National Housing Authority To Issue Writ Of Execution In The Enforcement Of Its Decision Under Presidential Decree No. 957
Presidential Decree No. 1344
April 2, 1978
Case Overview and Summary
Summary of Presidential Decree No. 1344Empowering the National Housing Authority (NHA) to Issue Writ of Execution
- Grants NHA exclusive jurisdiction over the following cases:
• Unsound real estate business practices. (Section 1a)
• Claims involving refund and any other claims filed by subdivision lot or condominium unit buyers against the project owner, developer, dealer, broker or salesman. (Section 1b)
• 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 1c)
- NHA decisions become final and executory after 15 days from receipt. (Section 2)
• Decisions are appealable only to the President of the Philippines within 30 days, otherwise deemed affirmed. (Section 2)
• Proof of appeal must be furnished to NHA. (Section 2)
- Once a decision is final and executory, NHA shall issue a writ of execution enforceable in accordance with the Rules of Court of the Philippines, upon motion of the interested party. (Section 3)
- The Decree took effect immediately upon issuance on April 2, 1978. (Section 4)
Amends
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Tags
Executive Issuances
Presidential Decrees
National Housing Authority
real estate trade
real estate business
unsound business practices
refund claims
subdivision lot buyers
condominium unit buyers
specific performance
contractual obligations
statutory obligations
writ of execution
Rules of Court
appeal to President
final and executory decision
Law
Empowering The National Housing Authority To Issue Writ Of Execution In The Enforcement Of Its Decision Under Presidential Decree No. 957
Presidential Decree No. 1344
•April 2, 1978
MALACAÑANGM a n i l a
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
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 decision 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...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
National Housing Authority
real estate trade
real estate business
unsound business practices
refund claims
subdivision lot buyers
condominium unit buyers
specific performance
contractual obligations
statutory obligations
writ of execution
Rules of Court
appeal to President
final and executory decision
MALACAÑANGM a n i l a
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
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 decision 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...
Login to see full content