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PRESIDENTIAL DECREE NO. 1473
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
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WHEREAS, it
is a declared policy of the State to help provide homes or homelots for
its less fortunate citizens;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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);chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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
cancelled 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;chanroblesvirtualawlibrary
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 cancelled and the owner of the
lot would revert to the PHHC as seller thereof; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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 cancelled and the
ownership of the lots reverted to the NHA, as successor-in-interest of
the PHHC;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 1190 was subsequently promulgated
cancelling 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;chanroblesvirtualawlibrary
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; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
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 cancelled 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:cralaw:red
TCT NO. DATE ISSUED LOT
NO. BLOCK NO.
100260 12/14/65
12 10
133563 09/12/68
12 103
105962 06/21/66
88 11
113531 01/16/67
19 116
147890 11/25/69
13 6
Section 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
cancelled 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. chanroblesvirtualawlibrary
Section 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.
Section 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.
Section 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.
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