P.D. No. 1473 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 1473
AMENDING PRESIDENTIAL DECREE NO. 1190 BY CANCELLING THE TITLES OF LOT PURCHASERS AT THE MALAYA-EAST AVENUE SUBDIVISION, QUEZON CITY, AND TO RECONVEY THE SAME TO THE NATIONAL HOUSING AUTHORITY FOR HOUSING PURPOSES.
WHEREAS, it is a declared policy of the State to help provide homes or homelots for its less fortunate citizens;
WHEREAS, in pursuance of this policy, as well as the constitutional principle of social justice, the State, under its inherent police powers, has established appropriate government agencies with the objective of providing and maintaining adequate and decent housing for the greatest possible number of people, more especially those who may be unable otherwise to provide themselves therewith;
WHEREAS, one of the government agencies established by the State was the People's Homesite and Housing Corporation (PHHC), now abolished and succeeded by the National Housing Authority (NHA);
WHEREAS, the PHHC had acquired large parcels of land in various parts of the country, mostly in Metro Manila, developed and subdivided them into small homelots and thereafter sold such lots under easy installment terms to qualified and deserving individual applicants;
WHEREAS, in order to prevent commercial profiteering and speculation over the lots thus sold and achieve its objective of increasing the housing stock and minimize the housing shortage in the country, more particularly in the locality where the lots are located, by the immediate utilization of the lots for housing purposes, the PHHC had invariably made it a condition in the sale of each and every lot that within a certain period, usually one year from the execution of the deed of sale, or the issuance of the title to the lot, the buyer should construct a house thereon, otherwise the deed of sale would be canceled and ownership of the lot would be reverted to the PHHC as seller thereof, the said condition being annotated on the title as a lien thereon;
WHEREAS, the PHHC had sold various individuals several home lots in its Malaya-East Avenue Subdivision in Quezon City under, among others, the aforestated conditions that the buyer should construct a house on the lot within one year from the execution of the corresponding title to the lot, otherwise, the sale would be canceled and the owner of the lot would revert to the PHHC as seller thereof;
WHEREAS, several years had already elapsed since the execution of the sale or issuance of the corresponding titles to the lots but certain buyers, in flagrant violation of the aforestated condition, had not yet constructed houses on their respective lots;
WHEREAS, in its desire to solve the acute housing problem in Metro Manila, the NHA, as the successor interest of the PHHC and as the new principal government agency that oversees and implements the State's housing program, has resolved to utilize to the maximum the lots that its predecessor-in-interest had thus sold, and for this purpose, decided to enforce strictly the condition that the buyers of these lots should construct houses thereon within the period given;
WHEREAS, pursuant to its resolution, and considering the expiration of the period given under the aforestated condition, the NHA had served written notices by registered mail to all the buyers concerned and by adequate publication in newspapers of general circulation, requiring them to comply with the aforesaid condition or offer satisfactory explanations for their failure to comply with the same, otherwise, the corresponding deeds of sale would be accordingly canceled and the ownership of the lots reverted to the NHA, as successor-in-interest of the PHHC;
WHEREAS, Presidential Decree No. 1190 was subsequently promulgated canceling the transfer certificates of titles of awardees or purchasers of certain lots and reverting the ownership thereof to the NIA for the failure of the said awardees or purchasers to comply with their obligation of constructing a house on their respective lots within the period given;
WHEREAS, after a thorough study and review of the individual cases of the affected awardees or purchasers, it appears that some of them had failed to comply with the aforementioned condition of constructing their houses on their lots within the period given due to valid and lawful causes, such as the lack of proper notice to them although they were ready, willing and able to comply with their obligation of constructing their houses on their lots, or the pendency of a litigation directly involving the lot or its occupancy by squatters who refused to vacate it, or some other legally plausible reasons;
WHEREAS, the deprivation of the property of those persons whose failure to comply with their obligations was not due to their own willful act or omission will be unfair and unjust and will not serve the ends of the Government and the New Society;
WHEREAS, it has been confirmed that in spite of due notice to them or to their successors-in-interest, the other awardees or purchasers affected by the said Decree had nonetheless obstinately failed or refused to comply with their aforesaid obligations of constructing their houses on their respective lots without just or valid reasons therefor, that they had thereby rendered a naught the purposes of the government in this regard and defeating the very essence of the award or sale of the lots to them; and
WHEREAS, it has become necessary to cancel the transfer certificates of titles issued to the buyers who had, after due notice, failed or refused to comply with the condition of the sale without just or valid reasons as aforestated, and to revert and reconvey the lots covered by the said titles to the NHA so that the said lots may be properly utilized in consonance with the social objectives of the State after payment to the buyer or registered owner compensation not to exceed the market value declared by him or his representative, or such market value as determined by the assessor;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby amend Presidential Decree No. 1190 dated September 1, 1977, to read as follows;
Section 1. The transfer certificates of title issued by the register of Deeds of Quezon City in favor of the awardees or purchasers on their successors-in-interest which are enumerated and specified hereunder or such other transfer certificates of title derived therefrom are hereby canceled and revoked and the ownership of the lots covered by the said transfer certificates of titles reverted and reconveyed to the National Housing Authority which shall pay, out of its own funds, the buyers or registered owners of the said lots compensation equal to the market value declared by the buyer or registered owner or his lawful representative, or such market value as determined by the assessor of Quezon City, whichever is lower, the said transfer certificates of title indicated by their numbers, the dates of their issuance and the lots and blocks they cover being as follows, to wit:
Sec. 2. The transfer certificates of title of any lot sold by the NHA, or its predecessor-in-interest, under the condition that the buyer shall construct a dwelling house thereon within one year from the execution of the corresponding deed of sale or issuance of the corresponding title thereto, shall similarly be canceled and revoked without the necessity of court declaration and the ownership thereof reverted to the NHA, if the said condition is violated, provided that the buyer or registered owner of the said lot is given adequate opportunity to comply with the condition or otherwise present proof of just or lawful causes why he was unable to comply therewith, which opportunity shall not be less than ninety days from notice either in writing or by publication in a newspaper of general circulation of such violation; Provided, further, That the buyer or registered owner of the lot is paid compensation therefor in accordance with the next preceding section hereof.
Sec. 3. The NHA may take immediate possession of any lot the ownership of which is thus reverted to it but it may not demand the issuance of the corresponding transfer certificate of title unless it can show proof to the register of deeds concerned that full payment of the lot has been made in accordance herewith, whether the payment be made directly or by depositing it with the Philippine National Bank or any of its branches in the city or municipality where the lot is located, in which case the register of deeds shall immediately issue the corresponding certificate of title in the name of the NHA.
Sec. 4. The NHA is authorized to use or dispose of any lot reacquired by it by virtue of the provisions hereof and under Presidential Decree No. 1190 in any manner it may deem fit, provided that such use or disposition is in accordance with the purposes as embodied in its charter, Presidential Decree No. 757.
Sec. 5. This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.