THE SUBDIVISION AND CONDOMINIUM BUYERS PROTECTIVE DECREE

Digest

This Decree aims at regulating the sale of subdivision lots and condominiums and providing
penalties for violations thereof. It prescribes the power of the National Housing Authority on
regulating the real estate trade and business and matters regarding the registration of projects.
Under this decree, the registered owner of a parcel of land who wishes to convert the same into
a subdivision project shall submit his subdivision plan to the Authority which shall act upon and
approve the same, upon a finding that the plan complies with the Subdivision Standards' and
Regulations enforceable at the time the plan is submitted. Such owner or dealer to whom has
been issued a registration certificate shall not be authorized to sell any subdivision lot or
condominium unit in the registered project unless he shall have first obtained a license to sell the
project. The Act further sets out procedures for the registration and requirements to obtain the
license to sell. These requirements are made to ensure that the sale of the subdivision lots or
condominium units to the public would not be fraudulent. Procedure for revocation of
registration certificate is also set out at the end.

Note that Section 31 of this Decree has been repealed by Decree No. 1216 concerning the
definition of open space.

In Sps. Co Chien v. Sta. Lucia Realty & Dev., Inc., et al., G.R. No. 162090, January 31, 2007 (Puno,
J), there was a sale of a realty but there was a contention that the sale is void for lack of prior
certificate of registration and license to sell by the HLURB. Is the contention correct? Why?

Held: No. P.D. 957 is a law that seeks to regulate the sale of subdivision lots and condominiums in
view of the increasing number of incidents wherein real estate subdivision owners, developers,
operators, and/or sellers have reneged on their representations and obligations to proved and
maintain properly the basic requirements and amenities, as well as reports of alarming
magnitude of swindling and fraudulent manipulations perpetrated by unscrupulous subdivision
and condominium sellers and operators. As such, P.D. 957 requires the registration not just of the
developers, seller, brokers and/or owners of the project but also of the project itself. 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.D. 957 reveals that while the law penalizes the
selling of subdivision lots and condominium units without prior issuance of a Certificate of
Registration and License to Sell by the HLURB, it does not provide that the absence thereof will
automatically render a contract, otherwise validly entered, void. 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.D. 957, nothing therein provides for the nullification of a
contract to sell in the event that the seller, at the time the contract was entered into, did not
possess a certificate of registration and license to sell. Absent any specific sanction pertaining to
the violation of the questioned provisions (Secs. 4 and 5), the general penalties provided in the
law shall be applied. The general penalties for the violation of any provisions in P.D. 957 are
provided for in Sections 38 and 39. 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.D. 957 do not go into the validity of the
contract, such that the absence thereof would automatically render the contract null and void.
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.D. 957 to prevent
cases of swindling and fraudulent manipulations perpetrated by unscrupulous subdivision and
condominium seller s and operators and to ensure that penalties be imposed on fraudulent
practices and manipulations committed in connection therewith, such does not obtain in this
case, as it is undisputed that the title to the subject property has been available for more than a
year, and the Eagle Ridge project was almost 100% completed, before Spouses Co Chien
decided to have the Contract declared void to seek a refund of their down payment. Contrary
to Spouses Co Chiens bare allegation of bad faith on the part of the private respondents, the
Court of Appeals found that at the time the Contract to Sell was executed, the applications for
the Certification and the License were already pending with the HLURB but were only issued
several months thereafter. 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.D. 957 is to discourage and prevent unscrupulous owners,
developers, agents and sellers from reneging on their obligations and representations to the
detriment of innocent purchasers. 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.D. 957 provides for the issuance, suspension, revocation
and even the outright denial of registration and license to developers, agents and the project
itself, as well as penalties for the non-compliance with the requirements provided therein. 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.