Maceda Law
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FULL TEXT OF MACEDA LAW: REPUBLIC ACT NO. 6552 REALTY INSTALLMENT BUYER PROTECTION ACTAN ACT TO PROVIDE PROTECTION TO BUYERS OF REAL ESTATE ON INSTALLMENT PAYMENTS Section 1. This Act shall be known as the “Realty Installment Buyer Act.” Sec. 2. It is hereby declared a public policy to protect buyers of real estate on installment payments against onerous and oppressive conditions. Sec. 3. 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: (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. (b) If the contract is cancelled, the seller shall refund to the buyer the cash surrender value of the payments on the property equivalent to fifty per cent of the total payments made, and, after five years of installments, an additional five per cent 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. Down payments, deposits or options on the contract shall be included in the computation of the total number of installment payments made. Sec. 4. 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. 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. Sec. 5. 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. Sec. 6. 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.
Sec. 7. Any stipulation in any contract hereafter entered into contrary to the provisions of Sections 3, 4, 5and 6, shall be null and void. Sec. 8. If any provision of this Act is held invalid or unconstitutional, no other provision shall be affected thereby. Sec. 9. This Act shall take effect upon its approval. What is the Maceda Law? The Maceda Law, also known as The Realty Installment Buyer Act or Republic Act 6552 is the law that lays out a defaulting buyer’s rights in the Philippines with regards to his purchase of a real estate property, whether it’s a condominium unit or a house-‐and-‐lot unit in a subdivision development. This was initiated by lawmaker Ernesto Maceda and has taken into effect on August 26, 1972. Who it applies to Today, more and more people in the working class, especially OFW’s are buying condominiums or house-‐and-‐lots in subdivision projects. But paying them in full in just one payment is just too much. So practically, they opt to pay the equity by installment since developers or contractors installment equity payment schemes have become increasingly affordable. This is through stretching their equity payment or down payment stage to 20, 30, 40 months or sometimes longer. If you have taken advantage of this convenience in acquiring your property, everything is okay as long as you can keep up with your payments. But times are not always good. There are times when we face difficult situations and times when we just can’t make the payments anymore. If you come into this situation, the Maceda Law was passed to help protect you. It established the rights of a qualified buyer who can’t continue with his payments anymore. Under the Maceda Law, there are two qualification categories of buyers accorded protection. These buyers are: 1. Under Section 3 of Maceda Law, a buyer with at least 2 years of installments 2. Under Section 4 of Maceda Law, a buyer with less than 2 years of installments Section 3 “…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:
a.) To pay, without additional interest, the unpaid installment 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. b.) If the contract is cancelled, the seller shall refund to the buyer the cash surrender value of the payments on the property equivalent to fifty percent of the total payments made… Down payments, deposits or options on the contract shall be included in the computation of the total number of installment payments made” Section 4 “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. If the buyer fails to pay the installments due at the expiration of the grace period, the seller may cancel the contract after 30 days from the receipt by the buyer the notice of cancellation of the demand for rescission of the contract by a notarial act.” In other words, Section 3 of Maceda Law indicates that the buyer has a right to a refund and grace periods as long as the buyer has paid at least two years. However, if there’s still less than 2 years of installment payments made, the buyer is only entitled to 60 days grace period as indicated in Section 4. More importantly, there is a section in the Maceda Law that protects the buyers from the fine prints of contracts imposed by the contractors or developers. These fines prints are oftentimes neglected by the buyers to review during the contract signing. Section 7 of the Maceda Law states that “Any stipulation in any contract hereafter entered into contrary to the provisions of Sections 3,4,5, and 6 shall be null and void.” This section emphasizes the overriding power of the Maceda Law against the contract made by the developer and the buyer.. The Maceda Law, Ra 6552 Do you want to know your rights as a real estate investor, or simply as a real estate buyer who is making installment payments? The first logical step would be to know what law applies and what that particular law contains, which in this case would be the full text of Republic Act No. 6552. More popularly known as the Maceda Law, the RA 6552 follows. The Maceda Law, RA 6552, is the real estate equivalent of the Recto Law. Like the Recto Law, it also covers financing of sales of real property (which is why mortgages also come in.) It doesn't apply,however, to the following sales:
1.) Industrial lots 2.) Commercial buildings and lots 3.) Lands under the CARP Law MACEDA LAW (RA6552) Maceda Law in the Philippines applies to the purchaser of real property by installment payments when the purchase becomes cancelled by a delinquency in payment. It provides the buyer with a right to a refund as a requisite for cancellation of contract due to delinquency when the buyer has paid at least two years. The refund is 50% of total payments; additional 5% per year after 5th year. To qualify for the Maceda Law, the buyer must have already paid at least 2 years of installment payments. 1. The buyer has the right to continue the unpaid installments due without additional interest provided that the buyer must pay within the grace period. The grace period provided is one month for every one year of installments paid. 2. The buyer has the right to opt for a refund of the installment payments being made (This includes the down payments, deposits or options on the contract). The buyer is entitled to 50% refund from his total payments made. An additional of 5% refund per year for every 5 years. If the buyer has paid less than two years installment: The buyer has the right to continue his payments within a grace period of 60 days. Maceda Law (Republic Act No. 6552) So what happens if you’ve been paying for real estate property in installments, and you default because you don’t have any money to pay anymore? Once again, the law provides for a remedy, in particular, Republic Act No. 6552 or the Realty Installment Buyer Act. You can read the full law here – http://www.lawphil.net/statutes/repacts/ra1972/ra_6552_1972.html You can also go to HLURB to ask for assistance in your problems such as computation of refunds and failure of the developer to deliver what he has promised . HLURB’s address and contact number is on the previous post on PD 1344 (just check that out!).
So we have different scenarios: The first scenario – you have paid less than two years of installments: In this case, the seller should give the buyer a grace period of at least 60 days to pay the amount due – via written notice. If the buyer still fails to pay after the expiration of the grace period, the seller can cancel the contract through a notarial demand for cancellation. Actual cancellation of the contract takes place after 30 days from buyer’s receipt of notice. The buyer can: (a) assign the contract to a third person via notarial act before it is cancelled; or (b) update the account by paying the due installments during the grace period. There is no refund. The second scenario – you have paid at least two years of installments: In this case, the buyer is entitled to a grace period of one month for every year of installment made. He has the right to pay, without additional interest, the unpaid installments due within the total grace period. This right can only be exercised once every five years of the contract. If the buyer still fails to pay the unpaid installments due during the grace period, the seller may cancel the contract in the same way as the first scenario, via notarial demand for cancellation. Actual cancellation takes place after 30 days from: (a) receipt of notice or demand; and (b) full payment of refund. REFUND If the buyer paid two to five years of installments, he is entitled to a refund of the cash surrender value of the payments on the property (including down payments, deposits or options) equivalent to fifty per cent (50%) of the total payments made. For every year of installments made in excess of five years, the buyer is entitled to an additional five per cent (5%), but not to exceed ninety percent (90%) of the total payments made. So if the buyer paid 6 years of installments, he is entitled to 55% refund of the total payments made. If he made 7 years of installments, he is entitled to 60% refund, and so on. However, his refund cannot exceed 90% of the total amount paid. For an accurate computation of your refund, please ask the HLURB’s help. Don’t forget that you can research all this information from the internet. EXCEPTION By the way, the Maceda law does not cover industrial lots, commercial buildings , and sales to tenants under RAs 3844 & 6389 (Code of Agrarian Reforms of the Philippines).
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