Title
Supreme Court
Guidelines on Pag-IBIG Developer Housing Program
Law
Hdmf (pag-ibig Fund) Circular No. 344
Decision Date
Jul 24, 2014
Guidelines for the Pag-IBIG Fund's Developer-Assisted Housing Program establish a framework for accredited developers to facilitate housing loans for Pag-IBIG members, detailing funding allocations, application processing, and developer responsibilities to ensure compliance and project integrity.

Q&A (HDMF CIRCULAR NO. 344)

The program aims to encourage developer participation in providing housing inventory that can be sold to Pag-IBIG member-buyers via Pag-IBIG housing loans, and to define parameters for allocation and disbursement of funds for developer-assisted housing loans.

The coverage applies to accredited Developers, initially optional for six months from date of effectivity, and mandatory thereafter.

They must enter into a Memorandum of Agreement (MOA) outlining funding allocation, pre-processing of buyer applications, sale of housing units, transfer of titles, release of proceeds, and other terms.

The Developer must warrant the validity of documents, ownership and title of property, compliance with government-approved plans and construction standards, actual delivery of units, absence of misrepresentation, and compliance with applicable laws, rules, and regulations.

The Developer must not be blacklisted or related to blacklisted entities, must be properly registered, have satisfactory financial standing shown in audited financial statements, and not be on banks’ or financial institutions’ Negative List.

The CSA allows Developers to act as collecting agents for Pag-IBIG on outstanding housing loan accounts, provided they have a collection infrastructure, internet access, and satisfactory financial condition.

A penalty of 12/365 of 1% per day of delay, compounded daily, or P500 whichever is higher, shall be imposed from the date of the Pag-IBIG member-buyer’s payment until actual remittance to the Fund or receipt of surety bond proceeds.

Documents include Deed of Absolute Sale, Transfer Certificate of Title (TCT), Deed of Conditional Sale or Loan and Mortgage Agreement, notarized Promissory Note, tax declarations, updated real estate tax receipt, occupancy permit, certificate of acceptance, and transfer tax receipt.

The buyback value includes outstanding principal, unpaid interest, and penalties, with an interest rate of 8.5% per annum from the notice date. Settlement can be done via over-the-counter payment or offsetting from takeout proceeds.


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