QuestionsQuestions (PRESIDENTIAL DECREE NO. 1344)
To empower the National Housing Authority (NHA) to issue writs of execution to enforce and implement its final decisions under Presidential Decree No. 957.
PD No. 1344 states that PD No. 957 vested NHA with exclusive jurisdiction over the real estate trade and business, and PD No. 1344 strengthens NHA’s authority by providing enforcement mechanisms (writ of execution) for NHA decisions.
1) Unsound real estate business practices; 2) claims involving refund and any other claims filed by subdivision lot/condominium unit buyers against the project owner/developer/dealer/broker/salesman; and 3) cases for specific performance of contractual and statutory obligations filed by such buyers against the same parties.
The project owner, developer, dealer, broker, or salesman (as specifically enumerated in Section 1).
After the lapse of fifteen (15) days from the date of its receipt.
It is appealable only to the President of the Philippines.
If the appeal is filed and the decision is not reversed and/or amended within thirty (30) days, the decision is deemed affirmed.
Proof of the appeal of the decision must be furnished the National Housing Authority.
As soon as the NHA decision has become final and executory.
No. It only provides that once the decision is final and executory, on motion of the interested party, the NHA shall issue a writ of execution enforceable under the Rules of Court.
Because PD No. 957 did not expressly provide the means to enforce NHA decisions in favor of the prevailing party, so the decisions could not effectively be implemented.
They were appalled by the inability of NHA to enforce decisions rendered in their favor, leading to disillusionment and skepticism about the objectives of PD No. 957.
Immediately.
While PD No. 1344 grants NHA the power to issue a writ of execution, enforcement must be consistent with the Rules of Court.