Group 3 Reporting 5A PDF

UNIVERSITY OF BATANGAS LIPA CAMPUS COURSE AR 7-HOUSING GROUP 3 - ARCHITECTURE 5A OUR TEAM AMAR, IRISH JANE A. LOSAÑEZ, JERLYN AMOR M. BS ARCHITECTURE 5A BS ARCHITECTURE 5A BORBON, BRYVEN JYRONE VALENCIA, JAYSON M. BS ARCHITECTURE 5A...

UNIVERSITY OF BATANGAS LIPA CAMPUS COURSE AR 7-HOUSING GROUP 3 - ARCHITECTURE 5A OUR TEAM AMAR, IRISH JANE A. LOSAÑEZ, JERLYN AMOR M. BS ARCHITECTURE 5A BS ARCHITECTURE 5A BORBON, BRYVEN JYRONE VALENCIA, JAYSON M. BS ARCHITECTURE 5A BS ARCHITECTURE 5A GALIT, JERARDO BS ARCHITECTURE 5A  ICE BREAKER CHARADES  ICE BREAKER WITH A TWIST  01 02 03 R.A 9653 R.A 6552 P.D 1530  R.A 9653 “AN ACT ESTABLISHING REFORMS IN THE REGULATION OF RENT OF CERTAIN RESIDENTIAL UNITS, PROVIDING THE MECHANISMS THEREFOR AND FOR OTHER PURPOSES”  SECTIONS Short Title. - This Act shall be known and cited as the "Rent Control Act 1 of 2009". Declaration of Policy. - The State shall, for the common good, undertake 2 a continuing program of encouraging the development of affordable housing for the lower income brackets and other beneficiaries.  SECTIONS Definition of Terms. - The following terms as used in this Act shall be understood as: 3 "Rent" shall mean the amount paid for the use or occupancy of a residential unit whether payment is made on a monthly or other basis. "Residential unit" shall refer to an apartment, house and/or land on which another's dwelling is located and used for residential purposes and shall include not only building houses, dormitories, rooms and bedspaces offered for rent by their owners, except motels, motel rooms, hotels, hotel rooms, but also those used for home industries, retail stores or other business purposes if the owner thereof and his or her family actually live therein and use it principally for dwelling purposes.  SECTIONS "Immediate members of family of the lessee or lessor" for purposes of repossessing the leased premises, 3 shall be limited to his or her spouse, direct descendants or ascendants, by consanguinity or affinity. "Lessee" shall mean the person renting a residential unit. "Owner/Lessor" shall include the owner or administrator or agent of the owner of the residential unit. "Sublessor" shall mean the person who leases or rents out a residential unit leased to him by an owner. "Sublessee" shall mean the person who leases or rents out a residential unit leased to him by an owner. "Sublessee" shall mean the person who leases or rents out a residential unit from a sublessor.  SECTIONS Limit on Increases in Rent. - For a period of one (1) year from its effectivity, no 4 increase shall be imposed upon the rent of any residential unit covered by this Act: Provided, That after such period until December 31, 2013, the rent of any residential unit covered by this Act shall not be increased by more than seven percent (7%) annually as long as the unit is occupied by the same lessee: Provided, further, That when the residential unit becomes vacant, the lessor may set the initial rent for the next lessee: Provided, however, That in the case of boarding houses, dormitories, rooms and bedspaces offered for rent to students, no increase in rental more than once per year shall be allowed.  SECTIONS Coverage of this Act. - All residential units in the National Capital Region and other 5 highly urbanized cities, the total monthly rent for each of which ranges from One peso (P1.00) to Ten thousand pesos (P10,000.00) and all residential units in all other areas, the total monthly rent for each of which ranges from One peso (P1.00) to Five thousand pesos (P5,000.00) as of the effectivity date of this Act shall be covered, without prejudice to existing contracts.  SECTIONS Authority to Continue Rental Regulation. - Notwithstanding he lapse of the period 6 provided in Section 4 of this Act. the Housing and Urban Development Coordinating Council (HUDCC) is hereby granted the authority to continue the regulation of the rental of certain residential units, to determine the period of regulation and its subsequent extensions if warranted, to determine the residential units covered and to adjust the allowable limit on rental increases per annum, taking into consideration, among others, National Statistics Office (NSO) census on rental units, prevailing rental rates, the monthly inflation rate on rentals of the immediately preceding year, and rental price index.  SECTIONS Rent and Requirement of Bank Deposit. - Rent shall be paid in advance within the 7 first five (5) days of every current month or the beginning of the lease agreement unless the contract of lease provides for a later date of payment. The lessor cannot demand more than one (1) month advance rent. Neither can he/she demand more than two (2) months deposit which shall be kept in a bank under the lessor's account name during the entire duration of the lease agreement. Any and all interest that shall accrue therein shall be returned to the lessee at the expiration of the lease contract.  SECTIONS In the event however, that the lessee fails to settle rent, electric, telephone, water or 7 such other utility bills or destroys any house components and accessories, the deposits and interests therein shall be forfeited in favor of the latter in the amount commensurate to the pecuniary damage done by the former.  SECTIONS Assignment of Lease or Subleasing. - Assignment of lease or subleasing of 8 the whole or any portion of the residential unit, including the acceptance of boarders or bedspacers, without the written consent of the owner/lessor is prohibited.  SECTIONS Grounds for Judicial Ejectment. - Ejectment shall be allowed on the following grounds: 9 Assignment of lease or subleasing of residential units in whole or in part, including the acceptance of boarders or bedspaces, without the written consent of the owner/lessor; Arrears in payment of rent for a total of three (3) months: Provided, That in the case of refusal by the lessor to accept payment of the rent agreed upon, the lessee may either deposit, by way of consignation, the amount in court, or with the city or municipal treasurer, as the case may be, or barangay chairman, or in a bank in the name of and with notice to the lessor, within one (1) month after the refusal of the lessor to accept payment.  SECTIONS 9 The lessee shall thereafter deposit the rent within ten (10) days of every current month. Failure to deposit the rent for three (3) months shall constitute a ground for ejectment. The lessor, upon authority of the court in case of consignation or upon joint affidavit by him and the lessee to be submitted to the city or municipal treasurer or barangay chairman and to the bank where deposit was made, shall be allowed to withdraw the deposits;  SECTIONS 9 Legitimate need of the owner/lessor to repossess his or her property for his or her own use of for the use of an immediate member of his or her family as a residential unit: Provided, however, That the lease for a definite period has expired: Provided, further, That the lessor has given the lessee the formal notice three (3) months in advance of the lessor's intention to repossess the property and: Provided, finally, That the owner/lessor is prohibited from leasing the residential unit or allowing its use by a third party for a period of at least one (1) year from the time of repossession;  SECTIONS Need of the lessor to make necessary repairs of the leased premises which is the subject of 9 an existing order of condemnation by appropriate authorities concerned in order to make the said premises safe and habitable: Provided, That after said repair, the lessee ejected shall have the first preference to lease the same premises: Provided, further, That the new rent shall be reasonably commensurate with the expenses incurred for the repair of the said residential unit and: Provided, finally, That if the residential unit is condemned or completely demolished, the lease of the new building will no longer be subject to the aforementioned first preference rule in this subsection; and Expiration of the period of the lease contract.  SECTIONS 10 No lessor or his successor-in-interest shall be entitled to eject the lessee upon the ground that the leased premises have been sold or mortgaged to a third person regardless of whether the lease or mortgage is registered or not. Prohibition Against Ejectment / Reason of Sale or Mortgage  SECTIONS 11 He or she may engage the lessee in a written rent-to-own agreement that will result in the transfer of ownership of the particular dwelling in favor of the latter. Such an agreement shall be exempt from the coverage of Section 5 of this Act. Rent to own Scheme  SECTIONS 12 The lease is for a definite period, the provision of paragraph (1) of Article 1673 of the Civil Code of the Philippines, insofar as they refer to residential units covered by this Act, shall be suspended during the effectivity of this Act, but other provisions of the Civil Code and the Rules of Court on lease contracts, insofar as they are not in conflict with the provisions of this Act shall apply.  SECTIONS 13 A fine of not less than Twenty-five thousand pesos (P25,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than one (1) month and one (1) day to not more than six (6) months, or both, shall be imposed on any person, natural or judicial, found guilty of violating any provision of this Act. Penalties  SECTIONS 14 Department of the Interior and Local Government and the HUDCC, in coordination with other concerned agencies, are hereby mandated to conduct a continuing information drive about the provisions of this Act, which shall be translated and be made available in major regional dialects and shall be posted in conspicuous public places, including barangay halls. Information Drive  SECTIONS 15 HUDCC, hereby mandated to conduct every three (3) years from the effectivity of this Act a review of its implementation and a study on rental regulation, and submit to Congress its recommendation on whether a continuing regulation is still necessary or deregulation is already warranted. Review of the Rental Regulation  SECTIONS 16 The HUDCC and its attached agencies are hereby mandated to formulate and implement a two (2)-year transition program which will provide for safety measures to cushion the impact in the event of a regulation-free housing market. Regulation-Free Rental Housing Market  SECTIONS 17 Any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting. Separability Clause  SECTIONS 18 Repealing Clause - Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly. 19 Effectivity Clause - This Act shall take effect beginning fifteen (15) days after its complete publication in at least two (2) newspapers of general circulation. REPUBLIC ACT NO. 6552 “AN ACT TO PROVIDE PROTECTION TO BUYERS OF REAL ESTATE ON INSTALLMENT PAYMENTS. (Rep. Act No. 6552)” APPROVED: AUGUST 26,1972  SECTIONS This Act shall be known as the 01 "Realty Installment Buyer Act." It is hereby declared a public policy to 02 protect buyers of real estate on installment payments against onerous and oppressive conditions. Deals with the regulation and protection of buyers involved in real estate transactions conducted through installment payments.  SECTIONS 03 In all transactions or contracts involving the sale or financing of real estate on installment payments, including residential condominium apartments but excluding industrial lots, commercial buildings and sales to tenants under Republic Act Numbered Thirty- eight hundred forty-four, as amended by Republic Act Numbered Sixty-three hundred eighty-nine, where the buyer has paid at least two years of installments, the buyer is entitled to the following rights in case he defaults in the payment of succeeding installments:  SECTIONS 03 Key Points: Applies to: Buying real estate (such as a house or condo) in installments. Not Included: Industrial lots, commercial buildings, or sales to tenants under specific laws. Minimum Requirement: You must have already paid for at least two years. If You Miss Payments: If you can’t make the next payments after paying for at least two years, you have certain rights.  SECTIONS 03.a To pay, without additional interest, the unpaid installments due within the total grace period earned by him which is hereby fixed at the rate of one month grace period for every one year of installment payments made: Provided, that this right shall be exercised by the buyer only once in every five years of the life of the contract and its extensions, if any.  SECTIONS 03.b If the contract is canceled, the seller shall refund to the buyer the cash surrender value of the payments on the property equivalent to fifty percent (50%) of the total payments made, and, after five years of installments, an additional five percent (5%) every year but not to exceed ninety per cent of the total payments made: Provided, That the actual cancellation of the contract shall take place after thirty days from receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act and upon full payment of the cash surrender value to the buyer. Downpayments, deposits or options on the contract shall be included in the computation of the total number of installment payments made.  SECTIONS 04 In case where less than two years of installments were paid, the seller shall give the buyer a grace period of not less than sixty days from the date the installment became due. Example: If your payment was due on July 1st, you would have until at least August 30th to make the payment without facing penalties. If the buyer fails to pay the installments due at the expiration of the grace period, the seller may cancel the contract after thirty days from receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act.  SECTIONS 05 Under Section 3 and 4, the buyer shall have the right to sell his rights or assign the same to another person or to reinstate the contract by updating the account during the grace period and before actual cancellation of the contract. The deed of sale or assignment shall be done by notarial act. WHAT IS A DEED OF SALE: It is a legally binding document that solidifies the transfer of ownership from the seller to the buyer.  SECTIONS 06 The buyer shall have the right to pay in advance any installment or the full unpaid balance of the purchase price any time without interest and to have such full payment of the purchase price annotated in the certificate of title covering the property. In summary, you can pay off the property early without extra costs, and the property records will be updated to reflect that you’ve paid in full.  SECTIONS 07 Any stipulation in any contract hereafter entered into contrary to the provisions of Sections 3, 4, 5 and 6, shall be null and void. In simple terms, if a contract includes terms that don’t follow these specific rules, those terms are considered invalid and won’t be enforced.  SECTIONS 08 If any provision of this Act is held invalid or unconstitutional, no other provision shall be affected thereby. In simple terms, If a Rule Is Invalid: If one part of this Act is found to be invalid or unconstitutional (not allowed by the constitution), that doesn’t affect the rest of the Act. Rest of the Law Stays: The other rules and sections of the Act will still be in effect and continue to apply.  SECTIONS 09 This Act shall take effect upon its approval  SUMMARY 01 This Act shall be known as the "Realty Installment Buyer Act." What is REALTY INSTALLMENT BUYER ACT? 02 Protect buyers of real estate on installment payments Giving buyers a grace period if they miss a payment. 03 Rights of the Buyer if they have already paid for at least two years but then miss future payments. Allowing buyers to pay off their balance early without extra fees. 04 if a buyer has paid less than two years' worth of installments on a property and then misses a payment. How buyers can transfer their rights to someone else. 05 Options a buyer has if they are struggling to keep up with their installment payments on a property 06 States the Right to pay in advance without interests if a new contract includes terms that don't follow the specific rules mentioned in Sections 3, 4, 5, and 6, those 07 terms are automatically invalid and won't be recognized. 08 even if one part of the law is found to be invalid, the remaining parts of the law continue to be valid and enforceable. 09 This Act shall take effect upon its approval  PRESIDENTIAL DECREE NO. 1530 “INSTITUTING A SYSTEM OF VOLUNTARY CONTRIBUTIONS FOR HOUSING PURPOSES”  SECTIONS There are hereby created the Home Development Mutual Funds, one for the government 01 employees and the other for private employees. The Fund for government employees shall be established and maintained by the 02 contributions of government employees and the National Government to be administered by the Government Service Insurance System (GSIS) separately from all its other funds. The Home Development Mutual Fund for private employees shall be established and maintained by the contributions of private employees and their respective employers, to be administered by the Social Security System (SSS). With respect to the government and private employees, their contributions shall be on a voluntary basis, based on three per cent (3%) of their basic salaries. The National Government and the employer concerned shall give a counterpart contribution equivalent to the amount collected from their employees.  SECTIONS Section 3. An employee who contributes to the Fund in accordance with the rules and 03 regulations to be adopted by the GSIS or the SSS, shall be considered a member thereof. He shall be a member of good standing if he is up to date in his monthly contributions. The employee's contributions shall earn interest annually at such rate as shall be provided in the implementing rules and regulations of this Decree. In case the financial condition of the Fund warrants, as determined by the GSIS or the SSS, dividends from the surplus profits of the Fund may be distributed annually to members of good standing. An employee who is a member of good standing shall be eligible to apply with the Fund 04 for a housing loan, subject to the rules and regulations to be adopted by the GSIS or the SSS.  SECTIONS The loan shall be secured by a real estate mortgage. The amount of the loan shall be 05 equivalent to eighty per cent (80%) of the appraised value of the collateral, but not to exceed P80,000.00, subject to the applicant's paying capacity and such other requirements which may be imposed by the GSIS or the SSS. All moneys of the Fund, as are not needed to meet current administrative and 06 operational requirements, shall be invested with due and prudent regard for the liquidity need of the Fund.  SECTIONS The GSIS or the SSS may contribute to the Fund its lands and the housing units thereon, 07 if any at their appraised values for developmental purposes for resale to qualified employees. All contributions of the GSIS or the SSS shall earn interest on a yearly basis as shall be provided in their respective implementing rules and regulations of this Decree. Notwithstanding any provision of existing law, decree executive or administrative order, 08 rule or regulation to the contrary, the Fund, as well as the interests and dividends received by the members thereof, shall be exempt from the payment of any and all forms of taxes, tariffs and duties, fees, imposts and assessments, and other charges, and no law hereafter enacted shall repeal this provision unless it is provided therein that the same is applicable to the Fund by specifically stating its name.  SECTIONS The GSIS or the SSS shall advance such amounts necessary for the initial operation of the 09 Fund it respectively administers, which shall also earn interest as provided in Section 7 hereof. In case a member of the Fund is separated from the service by reason of retirement, 10 death, disability, resignation or dismissal, he shall cease to be a member of the Fund, provided, however, that he may continue at the option of the GSIS or the SSS to be a member of the Fund, and provided, further, that in any event, if the separated employee has an existing real estate mortgage loan with the Fund at the time of his separation, the real estate mortgage shall continue to be valid and subsisting until fully liquidated but the member-mortgagor must continue paying monthly contributions based on his last salary received prior to separation.  SECTIONS In case an employee ceases to be a member of the Fund due to retirement, death, 11 disability and separation from the service, he shall be entitled to a return of his contributions in accordance with the implementing rules and regulations. The GSIS or the SSS shall respectively promulgate the necessary rules and regulations to 12 implement this Decree.  SECTIONS The GSIS or the SSS is hereby authorized to employ such executives and workers as may 13 be necessary for the administration of the Fund and/or for the implementation of the objectives of this Decree. Such executives and workers shall not be subject to the Civil Service Law and the rules and regulations of the Wage and Position Classification Office and Section two hundred fifty-nine of the Revised Administrative Code. Any provision of law, decree, executive order, rule or regulation in conflict with, or 14 contrary to this Decree or its purposes, is hereby repealed or modified accordingly.  SECTIONS This Decree shall take effect upon its approval. 15 THANK YOU!