Professional Documents
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MC 16 03
MC 16 03
crRculAR lro' o3
HLURB ilEUORANPUI|
3Jiies-;r lbie (Li'brt rl t4, 2016)
TO ALL CONCERNED
CHIEF EXECUTN'E OFFICER
FROM
a
a THE COilMISSIOTIER ATID
RULE I
General Ptovisions
4.L "Cease and Desist Ordef refers to an order issued by the HLURB
directed against a developer enjoining it from committing ceftain acts
in relation to its project by reason of a violation of Presidential Decree
No. 957, Batas Pambansa Blg.22O, or any of their implementing rules
and regulations or any guidelines or circular issued thereunder.
4.2 "Cemetery" refers to a public or private land used for the burial of the
dead and other uses indicated for cemetery purposes.
4.9 "Industrial SuMivision" refers to a tract of land paftitioned into lots for
sale or lease to establishments engaged primarily in industrial
production or services. The degree of development may be limited to
the provision of utilities and allocation of arleas for industrial buildings,
facilities, and amenities, or it may also include the provision of
buildings, facilities, and ameniUes.
4.t4 "Sale" or "sell" shall include every disposition or attempt to dispose, for
a valuable consideration, of any lot, including the building and other
improvements thereof, or any unit in a project. "Sale" and "sell" shall
also include a contract to sell, a contract of purchase and sale, an
exchange, an attempt to sell, an option of sale or purchase, a
solicitation of a sale, or an offer to sell, directly or by an agent, or by a
circular, letter, adveftisement or othenruise.
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A privilege given to a member of a cooperative, corporation,
partnership, or any association and/or the issuance of a ceftificate or
receipt evidencing or giving the right of participation in, or right to,
any land in consideraUon of payment of the membership fee or dues,
shall be deemed a sale within the meaning of this definition.
4.t6 "Time of Completion" refers to the period of time fixed by the HLURB
within which the owner or developer shall develop and complete the
project, including the construction and provision of facilities,
improvements and other forms of development, including water
supply and electrical facility.
The additional period of time as provided under this section shall only be
granted upon posting of a new bond or security in accordance with the
existing rules and guidelines of the HLURB.
Rule III.
Time of Completion
The work program or progmm of development shall consider and provide for
reasonable allowance for possible delay in the project development due to
work interruptions or temporary suspensions brought about by inclement
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weather, prolonged or repeated power failures, shortage of construction
supplies or materials, and other similar incidents.
For subdivision project with housing component, the date of completion and
delivery of the housing component shall be stated as one of the conditions in
the license to sell as follows:
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UnyJ
In the absence of such provision or in case of failure to indicate
the same, the period of compleUon and delivery of the housing
unit shall in no case exceed one (1) year from the date of
purchase."
Such date of completion of the project and date of completion and delivery
from date of purchase of any housing unit if applicable, is a mandatory
statement in any adveftisement of the project and shall likewise be stated
therein.
Rule IV.
Additional Time of Completion
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A pro-forma copy of the applicaUon for additional time of completion as
provided under Section 14.1 hereof is hereto attached as Annexs oA"and
'A-1".
Section 15. t{otie to All Lot or Unit Buyens or Ownens. Any owner or
developer applying for additional time of completion in accordance with this
Guidelines shall notiff all lot or unit buyers or owners of its intent to apply
for additional Ume to complete the development of the project.
16.1 Under Section 6.1 hereof, within sixty (60) days from
discovery thereof;
t6.2 Under Section 6.2 hereof, within shty (60) days prior to the
expiration of the approved original time of completion,
provided however that if such occurence shall fall within the
last sixty (60) days of the approved period of completion,
the application shall be Rled within sixff (60) days from the
occurrence thereof; and
16.3 Under Section 6.3 hereof, within sixty (60) days from receipt
or knowledge of the order or issuance of a court,
government agenry or local govemment unit lifting the
enjoinment or stoppage of the construction or development
of the project.
Rule V.
Honibring, Completion and Of[enses and Sanctions
The issuance however of a COCLD shall not relieve the owner or developer
of the obligation to maintain the roads, alleys, sidewalks, playgrounds,
amenities, facilities, improvements infrasffuctures or other forms of
developments represented or promised in brochures, prospectus, printed
matters, letters or any form of advertisement of the project, until proper
donation or tumover of the same.
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U/
Sub-Rule V-A
llon-Completion of the Project Within
The Approved Period of Time
fu,f
Upon review of the submitted document, a final order shall be issued
requiring the owner or developer to complete the development of the project
within such period as may be fixed by the HLURB based on the submitted
revised documents, without prejudice to the imposition of administrative
fines and sanctions as hereinafter provided. The owner and developer shall
be fufther required to post a bond or security, and submit proof of posting
thereof, in accordance with HLURB's existing rules and guidelines.
Sub-Rule V-B
Fines and Sanctions
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Nf
Section 28. Separability Clause. The provisions of this Guidelines are
hereby declared separable, and in the event that any provision herein is
declared null and void, the validity of all other provisions shall not be
affected thereby.
SECTION 30. Transitory Prcvision. Within ninety (90) days from the
effectivity of this Rules, all on-going projects with an original approved
period of completion or o<tension of time to develop that is shofter than the
period of completion provided in the originally submitted or revised work
program or program of development may apply for a final additional time to
develop and complete the project based on their approved or revised work
program or program of development subject to existing rules and
regulations and guidelines of the HLURB.
All applications for extension of time already filed upon the effectivity of
Board Resolution No. 926 shall be given a final extension of time which shall
be based on the submitted revised work program or program of
development.
M /1 t
A]ITOIIIO M. BERNARDO
Commissioner and Chief Executive Officer
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ANNEX A
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w' RegimField ffice
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hseby elyirg hr ADOITIOiIAL PERIOD OF TUE TO DET ELOP br OE &ve-
mentioned p.qed by d
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ANNEX A-{
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