Title
Guidelines for Pag-IBIG Loan Restructuring
Law
Hdmf Circular No. 300
Decision Date
Dec 1, 2011
The Pag-IBIG Fund's Housing Loan Restructuring and Penalty Condonation Program offers delinquent borrowers a chance to avoid foreclosure by restructuring their loans and condoning penalties, provided they meet specific eligibility criteria and apply by June 30, 2012.

Law Summary

Coverage

  • Applies to all delinquent housing loan borrowers with accounts at least three months in arrears, except Window 1 accounts.

Implementation Period

  • Program begins January 1, 2012.
  • Penalty condonation available only until June 30, 2012.
  • Applications after June 30, 2012 eligible only for loan restructuring.
  • Delinquent borrowers who fail to apply shall be subject to foreclosure or CTS cancellation within 30 days of notice.

Processing of Applications

  • Only complete applications are processed.
  • Eligibility based on capacity to pay: monthly amortization not exceeding 40% of family’s Net Disposable Income (NDI).
  • Family income from relatives within specified civil degree counted; these relatives become co-borrowers jointly and severally liable.
  • Legal heirs’ capacity to pay requirement waived; non-member legal heirs must register and pay contributions.
  • Inactive borrowers must reactivate membership and update contributions.
  • Borrowers must update Real Estate Tax and pay one-year insurance premium.
  • CTS accounts meeting eligibility converted to Real Estate Mortgage (REM) upon approval; borrower pays conversion expenses.
  • Loan restructuring allowed only once per borrower.

Down Payment Requirements

  • Category A: 10% down payment of total arrearages for borrowers still within billing or pre-foreclosure stages, certain installment buyers, legal heirs after insurance and value application, surrendered accounts (dacion en pago), and specific program accounts.
  • Category B: 20% down payment from borrowers issued a Notice of Foreclosure with 30-day application period; includes multiple restructured accounts, abandoned units, or units occupied by third parties.
  • Category C: Borrowers exceeding 40%-NDI limit have loan amount adjusted, and must pay difference as down payment.
  • Dividends from Total Accumulated Value (TAV) can be used for past due payments or down payment.

Penalty Condonation

  • All penalties condoned upon approval if application filed by June 30, 2012.

Restructured Loan Amount Composition

  • Interest-bearing principal includes outstanding principal and principal arrearages, insurance premiums, real estate tax advanced by Fund, unpaid fees.
  • Non-interest bearing portion includes unpaid interest, uncondoned penalties, foreclosure and other expenses.
  • Foreclosure expenses added if foreclosure is in process before COS registration: filing fees, publicity, sheriff, notarial, attorney’s fees where applicable.
  • Cut-off date for computation is date of loan restructuring approval.

Interest Rate on Restructured Loan

  • Maintained at rate prior to restructuring.
  • Accounts with two-interest rate structures converted to single interest structure at original non-prompt interest rate.
  • Special weighted average interest rates apply for certain loan amounts and multiple restructured loans.
  • Loans over P400,000 repriced every three years with specific limits on rate increases and borrower notice requirements.

Loan Term

  • Payable within 30 years but not exceeding difference between borrower’s present age and age 70.
  • For tacked loans, age of youngest co-borrower applies.
  • Monthly amortization must not exceed 40% of family’s NDI.

Loan Security

  • Same collateral securing original loan secures restructured loan.

Membership Contributions

  • Borrower, installment buyer or legal heir must pay mandatory and upgraded membership contributions per original loan guidelines.
  • Arrearages in membership contributions must be updated or have a payment plan prior to loan restructuring approval.

Loan Payment Terms

  • Equal monthly installments covering principal, interest, insurance premiums, and obligations.
  • First payment due one month after restructuring approval.
  • Salary deduction as preferred payment method, with alternatives including post-dated checks, over-the-counter payments, accredited agents, auto-debit, or other systems.
  • Payments due on first working day after non-working days or holidays.
  • Payment application priority from membership contributions to principal.
  • Excess payments applied to cover deficiencies or principal balances.
  • Both membership contributions paid with loan payments if self-employed or unemployed.
  • Penalty for delayed payments at 1/20 of 1% per day delay.

Prepayment

  • Allowed in full or part without penalty.
  • Excess payments treated as future amortization or applied to principal at borrower’s request.

Default and Effects

  • Default occurs after three consecutive missed payments or membership contributions.
  • Condoned penalties restored and become due along with outstanding balance and penalties.
  • Unpaid amounts continue accruing penalties and interest.
  • Member’s and co-borrowers’ TAV applied to outstanding loan before foreclosure.
  • If TAVs insufficient, Fund proceeds with foreclosure.
  • Option to assign mortgaged property via dacion en pago to settle obligation.

Insurance Requirements

  • MRI/SRI coverage mandatory for principal borrower based on restructured loan amount.
  • External insurance required if loan exceeds P2 million or borrower’s age over 60.
  • Fire and allied perils insurance premiums based on original loan.
  • First-year insurance premiums paid upon loan restructuring approval.

Loan Documentation

  • Health Statement required for borrowers over 60 or loans over P2M, subject to insurance underwriting.
  • Execution of Restructuring Agreement and new Promissory Note consolidating original and restructured loans.
  • Co-borrowers must sign and consent.
  • Original Loan and Mortgage Agreement integrate by reference.
  • Deed of Revocation executed for CTS accounts with Notice of Cancellation within 30-day period.
  • Consolidation of loan ledgers and facilitation of title transfer and mortgage registration by the Fund; any excess costs borne by borrower.

Amendments

  • Senior Management Committee may amend guidelines to further program objectives consistent with Fund’s mandate.

Repealing Clause

  • Previous inconsistent circulars, memoranda, rules, or issuances are repealed, amended, or modified accordingly.

Effectivity

  • Guidelines effective January 2, 2012.

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