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.

Law Summary

Coverage

  • Voluntary participation for accredited developers during the first six months from effectivity.
  • Post six months, coverage becomes mandatory.
  • Developers may still be subject to terms of previous Circulars Nos. 259, 287, and 298 during the voluntary period.

Mechanics

  • Pag-IBIG Fund accredits qualified developers.
  • Developer and Fund enter into a Memorandum of Agreement (MOA) with conditions including funding allocation, application processing, and documentation execution.
  • Developers pre-process and submit Pag-IBIG member-buyers' applications.
  • Fund approves eligible applications within 15 working days and issues Notice of Approval (valid for 90 days).
  • Developers can request advance borrower evaluation or inspection subject to filing fees.
  • Developer executes Deed of Absolute Sale (DOAS) to Fund; Fund executes Deed of Conditional Sale (DCS) to member-buyer.
  • Processing and transfer of titles to Fund's name are undertaken by the Developer.
  • Ensures buyback of accounts affected by breach of warranties.
  • Developers may also enter into Collection Servicing Agreement as collecting agents.

Accreditation of Developers

  • Annual accreditation based on:
    • No blacklisting of key officers/shareholders.
    • SEC/BDT registration as an authorized developer.
    • Satisfactory financial standing supported by latest audited financial statements.
    • Not listed in bank/financial institutions' Negative List.
  • Related real estate entities considered in evaluation and classification.

Project Evaluation

  • Required permits and licenses from LGU and regulatory agencies.
  • No outstanding Cease and Desist Orders from HLURB.
  • Project development status must show at least model units or showroom.

Funding Allocation

  • Funding allocation based on projected applications per project assessed annually.
  • Allocation valid from MOA signing to year-end; unutilized funds roll over quarterly but are forfeited after December.
  • Commitment fee of 0.5% on succeeding quarter's allocation if less than 80% utilization per quarter, refundable if targets met in next quarter.
  • Loan proceeds released within three working days upon submission of complete documents.
  • Additional allocation subject to performance, buyback obligations, available funds, and classification stability.

Developer's Warranties

  • Validity and enforceability of submitted documents.
  • Lawful ownership of property free from liens or defects.
  • Compliance with development plans, building specifications, and local ordinances.
  • Solidary liability for construction defects for six months post-unit acceptance.
  • Delivery of units upon loan proceeds release with immediate occupant eligibility.
  • No acts of misrepresentation by developer or agents; liable for damages caused.
  • Compliance with all relevant laws and regulations.

Buyback of Accounts

  • Developer must buy back accounts affected by breach of warranties if not corrected in specified period.
  • Buyback value includes outstanding principal, unpaid interest, penalties plus 8.5% interest and daily delay penalties.
  • Payment options: direct payment or offsetting from takeout proceeds.
  • Developer can appeal buyback computation within 30 working days, suspending penalties during appeal.

Collection Servicing Agreement (CSA)

  • Only eligible developers with collection infrastructure, internet access, and satisfactory finances may enter CSA.
  • Fund may reject or not renew CSA applications.
  • CSA details developer's role as collecting agent for designated accounts.
  • Surety bond or acceptable security must be posted to guarantee remittance.
  • Monthly reporting and strict remittance schedules apply.
  • Collection Service Fee (CSF) paid based on collection performance with scaled incentives.
  • Penalties imposed for late remittances; sanctions include CSA cancellation, suspension of loan applications acceptance, or accreditation cancellation.
  • CSA valid for one year, renewable upon meeting performance and eligibility criteria.

Repealing Clause

  • All previous inconsistent memoranda and rules repealed except Circulars 259, 287, 298 which remain effective for six months.
  • Existing contracts prior to these guidelines remain unaffected.

Escalation of Issues

  • Interpretation disputes resolved by Department Manager III or escalated to higher authority as necessary.

Amendments

  • Senior Management Committee authorized to amend or update guidelines as needed consistent with program objectives and Fund's mandate.

Effectivity

  • Guidelines are effective immediately as of issuance date.

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