Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1344)
The main purpose of Presidential Decree No. 1344 is to empower the National Housing Authority (NHA) to issue writs of execution to enforce its decisions under Presidential Decree No. 957, particularly to strengthen the NHA's powers to enforce and execute its decisions against real estate trade violations.
The National Housing Authority is vested with exclusive jurisdiction to hear and decide cases involving unsound real estate business practices, claims for refunds and other claims filed by subdivision lot or condominium unit buyers against owners, developers, dealers, brokers, or salesmen, and cases for specific performance of contractual and statutory obligations filed by buyers against those parties.
The NHA can hear cases involving unsound real estate business practices, refund claims and other claims by buyers against project owners or their agents, and cases involving specific performance of contractual and statutory obligations by buyers against the owners, developers, dealers, brokers, or salesmen.
The NHA's decision becomes final and executory after the lapse of fifteen (15) days from the date of its receipt if no appeal is filed. If an appeal is filed, the decision is deemed affirmed if it is not reversed or amended within thirty (30) days from filing the appeal.
The decision of the NHA is appealable only to the President of the Philippines.
If an appeal is filed and the decision is not reversed and/or amended within thirty (30) days, the decision is deemed affirmed.
Upon the finality of its decision, the NHA is empowered to issue a writ of execution to enforce its decisions in accordance with the Rules of Court of the Philippines.
There was a need to enact PD No. 1344 because under PD No. 957 the NHA lacked the express power to enforce its decisions, rendering them ineffective, which caused disillusionment among subdivision lot buyers due to the inability to enforce favorable judgments.
Presidential Decree No. 1344 took effect immediately upon its signing on April 2, 1978.