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.