QuestionsQuestions (HLURB Resolution NO. R-465-A)
It confirms the NHA position that it is not required to secure a license to sell under P.D. 957 for its housing and settlement projects with the HLURB, while imposing conditions for furnishing certain documents for reference.
The exemption applies to “all its housing and settlement projects with this Board,” subject to the conditions stated in the resolution.
The NHA must furnish copies of project plans, titles, and other pertinent records for reference purposes.
It limits the exemption to projects that fall within the regulatory context of the HLURB (i.e., projects dealt with “with this Board”), not necessarily to every possible NHA undertaking without connection to HLURB.
It rewords the dispositive portion to expressly confirm NHA’s exemption from the P.D. 957 license-to-sell requirement for all its projects with HLURB, adds the documentation-furnishing condition, and clarifies application to joint venture projects.
Only in cases where the NHA is the owner or is in full control of the project; otherwise, responsibility shifts.
It states that the other party (i.e., the venture party having control/ownership other than NHA) assumes responsibility for ensuring attainment of the objectives of P.D. 957 and other existing laws.
To ensure that the objectives of P.D. 957 and other existing laws are still attained, despite the practical differences in control and arrangements in joint ventures.
It grants an exemption to NHA but requires document submission for reference and restricts its application in joint ventures unless NHA has ownership or full control—so the regulatory objectives of P.D. 957 are not undermined.
It implies that P.D. 957 requires developers to obtain a license to sell real estate/housing units, and R-465-A exempts NHA from this specific requirement (subject to conditions).
Copies of project plans, titles, and other pertinent records.
Because it makes the exemption contingent on compliance (document submission) and on factual circumstances (NHA ownership/full control in joint ventures). Noncompliance could affect whether the exemption should be recognized in a given case.
Administrative issuances can clarify how a law is applied, but they still operate within the boundaries of the enabling law and must be read as conditioning or clarifying the practical implementation (especially when exemptions and responsibilities are involved).