Title
Housing Authority Writ of Execution Powers
Law
Presidential Decree No. 1344
Decision Date
Apr 2, 1978
Presidential Decree No. 1344 grants the National Housing Authority exclusive jurisdiction over cases involving unsound real estate practices, and empowers them to issue a writ of execution to enforce their decisions, which can only be appealed to the President of the Philippines.

Legal basis and covered jurisdiction

  • Presidential Decree No. 1344 is grounded on the jurisdiction vested in the National Housing Authority under Presidential Decree No. 957 over the real estate trade and business.
  • Section 1 provides that the National Housing Authority has exclusive jurisdiction to hear and decide specified real-estate-related cases.
  • Section 1 states that this exclusive jurisdiction exists in addition to the National Housing Authority’s powers under Presidential Decree No. 957.

Exclusive cases the National Housing Authority decides

  • Section 1 empowers the National Housing Authority to hear and decide cases of unsound real estate business practices.
  • Section 1 includes claims involving refund and any other claims filed by a subdivision lot buyer or condominium unit buyer against the project owner, developer, dealer, broker or salesman.
  • Section 1 covers cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lots or condominium units against the owner, developer, dealer, broker or salesman.

Finality, appeal, and deemed affirmation

  • Section 2 provides that the National Housing Authority’s decision becomes final and executory after the lapse of fifteen (15) days from the date of its receipt.
  • Section 2 provides that the decision is appealable only to the President of the Philippines.
  • Section 2 provides that if the appeal is filed and the decision is not reversed and/or amended within thirty (30) days, the decision is deemed affirmed.
  • Section 2 requires that proof of the appeal be furnished to the National Housing Authority.

Writ of execution after finality

  • Section 3 provides that once the decision has become final and executory, the National Housing Authority issues a writ of execution.
  • Section 3 requires that issuance of the writ occurs on motion of the interested party.
  • Section 3 states that the writ of execution is enforceable in accordance with the provisions of the rules of Court of the Philippines.

Policy and intended strengthening of enforcement

  • Presidential Decree No. 1344 recognizes that under Presidential Decree No. 957, decisions in favor of prevailing parties had become unenforceable in practice due to the lack of express enforcement mechanisms.
  • Presidential Decree No. 1344 declares it necessary to strengthen the National Housing Authority’s powers to enable it to enforce and execute its decisions.

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