Republic Act No. 10365
S. No. 3123
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
(Sgd.) JUAN PONCE ENRILEPresident of the Senate
|
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House of Representatives |
(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate |
(Sgd.) MARILYN B. BARUA-YAPSecretary General
House of Representatives |
Reference: http://www.gov.ph
Section 1. This Act shall be known as the "Realty Installment Buyer Act."
Section 2. It is hereby declared a public policy to protect buyers of real estate on installment payments against onerous and oppressive conditions.
Section 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 canceled, 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.
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 thirty days from receipt by the buyer of the notice of cancellation or the demand for rescission of the contract by a notarial act.
Section 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.
Section 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.
Section 7. Any stipulation in any contract hereafter entered into contrary to the provisions of Sections 3, 4, 5 and 6, shall be null and void.
Section 8. If any provision of this Act is held invalid or unconstitutional, no other provision shall be affected thereby.
Section 9. This Act shall take effect upon its approval.
Approved: August 26, 1972.
The Pag-IBIG Fund stands for Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya at Gobyerno. It is a government agency that seeks to provide affordable home financing for Filipinos.
For most Filipinos, this PAG-IBIG Housing Program is the most affordable option. It has 5, 10, 15, 20, 25 and up to 30 years of financing terms. Last July 2009, Pag- IBIG has become mandatory to all employees covered under SSS, GSIS and even Overseas Filipino Workers (OFW). To avail of Pag-IBIG housing program, you have to be a member with at least 24 months of contribution, not more than 65 years old at the time of application provided you are no more than 70 years old at the time of loan maturity and is qualified with income requirements based on the loanable amount. The housing developer makes the background and credit check to ensure their clients are qualified. For more information please check the Pag-IBIG website.
I had availed an Economic Housing financed through Pag-IBIG. The price of the property is pretty fair at around Php 900,000 for a 75 sqm lot. We have been hunting a house and lot package that meets all of our preference and capacity and fortunately a good developer in the metro tapped a new market segment below its existing brands and so they offered economic housing. First thing I made is, if the developer is accredited by Pag-IBIG and yes it is.
It’s amazing this developer required 10% Down Payment (DP), usually some developers require 20% DP before you can apply the financing through PAG-IBIG. Now, it’s confirmed that housing loan with this developer at 90% to 95% of the total price, can be approved by Pag-IBIG, and even banks actually, cool, right? So in this case, we only needed to pay a DP of 5% to 10%, that is around Php. 45,000 to Php. 90,000, so that the developer will start to construct the house.
What’s the big deal with 95% approvable loanable amount? You only need to cash out a lower amount to avail of the program. More important is, the 90% to 95% loanable amount means the Developer’s Housing package has a high appraisal value. For a client to be allowed such high loanable percentage through a developer, it can mean the developer is credible and that the Banks and Pag-IBIG have confidence on the developer.
Yes, it’s a good deal, but, what did we do to save around Php. 448,200 on the loan? Check it out and compare.
Table 1 shows a Php. 124,560 savings if I was going to avail of the 10% DP and a 90% loanable amount.
Okay, I can save Php. 124,560 within 30 years if could pay the 10% DP of Php. 90,000. Actually that saving for 30 years of payment is very small amount, considering I could use the Php. 45,000 to other priority expenses.
Using Table 2, the 90% Loanable Amount that is Php. 810,000 has 8.5% interest rate. Since, nothing is ever stable nowadays, especially on income and expenses, I want to make the monthly amortization as low as possible and at the same time, save on this housing loan.
For me, the 8.5% interest rate is very high for a 30-year loan. Can’t do much with the number of years(30 years term) because that’s what I’m capable of. But I realized I can do a way with the 8.5% interest rate. How? I opted for the 7% interest rate. Instead of paying the standard 10% DP (90,000), I need to pay more for the DP in order that the loanable amount will become Php. 749,000. This would then be below 750,000 loanable and would qualify me for a 7% interest.
The developer will be more than happy if the clients could make more down payment as possible, also it will make your housing loan more eligible for approval. However, In Pag-IBIG Financing we need to comply with their Net Disposable Income requirement, how to compute? See table 4.
In my preferred loanable amount of Php. 749,000 I can save as much as Php. 448,200 on a 30-year loan. I am also Real Estate Practitioner, I know what’s
best for my investment. I also recommend this strategy to my clients, usually to those who have a lower monthly income. Though you need to cash out a bigger Down Payment, consider how much you can save in the long run.
At least, I can sleep well with a Php. 4,983 monthly amortization. Clients could also make advance or balloon payment during the loan though I need to research more on that.
Maybe, after 5 years, that Php 4,983 per month will become more affordable as salary increases and considering that the value of land appreciates. For me, it’s a good buy and the best option.
Hope I was able to help by sharing what I know. Veteran practitioners know this and I’m open for their clarification, comments and feedback. Anyway, it’s based on my personal knowledge and experiences as a Real Estate Practitioner; I do not represent Pag-IBIG Fund or developers for this blog, for your concerns please check their website.
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If you are a client and making an inquiry to an agent, the first thing you would want to know is the location of the project. These days, residential housing is no longer applicable at Metro Manila, buyers should accept that fact, unless you are planning of condominium living.
Buyers of residential housing at 90’s were very fortunate to have availed residential housing property in some parts of city which at the time is not yet a developed area and been fortunate with their decision because of business development come in their neighbourhood.
The trend will also be the same, whereas the towns of Cavite, Laguna and Bulacan will become progressive cities; actually some of cities in these provinces are now progressive like Sta. Rosa, Calamba and Dasmarinas City. If you have been in these places, you would see it as next extension of Metro Manila.
Going back with project location, if your budget belongs to economic housing that is around 1 Million you can find a good project around the places of Imus, Gen. Trias, Silang, Carmona and others towns in Cavite and others towns in Laguna.
Having said of the possible locations, if you are not familiar with the location of certain project you may ask your agent about it or personally make a research about how far it is, for example from Alabang Metropolis or Baclaran Church for South Projects as your point of destination.
I’ve come to encounter that situation before on one of my clients, a Filipina with a foreigner husband. For my Filipina client, the location is not a problem after our site viewing, since she is not also familiar with the location he asked me to explain it to her foreigner husband and his first questions was: How far is the project from Baclaran? That question gave me an insight how very detailed foreigners are. Instead of asking how many minutes it would take to travel by car he asked for how many kilometres/miles it is. Since traffic is everywhere; places will soon develop traffic, so distance by time is not always a factor for other clients.
I told my client to get back on that concern within the day, and I made a research online. I got the site of Google Distance Calculator at Daftlogic.com and find it very useful with all my next projects.
Avida Settings Cavite 4 Million to 9 Million Houses |
21 km. from Baclaran Pasay to Avida Settings Cavite |
8.51 km. from Alabang Town Center to Avida Settings Cavite |
2 km. from SM Molino to Avida Settings Cavite |
3.65 km. from Avida Settings Cavite to Orchard Golf Course
|
The site Daftlogic.com had been very helpful in my expertise because it adds some knowledge and confidence in dealing clients. Clients themselves could also try it especially if cannot go to the site personally.
Try it at Daftlogic.com, get back on us and give us your reviews.
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The Philippines belongs to typhoon belt of the Pacific that is frequently visited by typhoons or storms per year. Aside from typhoons, the uncontrolled deforestation is our environmental problem alongside is inappropriate throwing of garbage everywhere that frequently caused us flooding particularly in Metro Manila.
It’s not to refresh all the damaged those typhoons brought us but it would help understand our subject matter: Altitude of our location - the height above sea level.
Being concern with location’s altitude as a real estate practitioner, I made some research but could not really distinguish how I could make some credible altitude information about certain areas.
A certain location might be flooded because of poor drainage system or could be caused by garbage blocking. With this, at least we can do something to avoid flooding problem. If our house location is situated at low altitude or just as level as the sea, we cannot do something in this matter but to be attentive with warnings and relocation if typhoon occurs.
During my research, I found some sites that could help us determine the altitude of places.
ALTITUDE.nu
1. Markers are used for showing the altitude for a specific place.
2. Above the marker is the altitude that shows in either meters or feet.
3. For placing a marker click on the desired place on the map.
4. Click and hold on a marker for the possibility to move it around.
Sample altitude using Altitude.nu
- An altitude at the site of SM SouthMall Las Pinas has 36.69 meter above sea level.
36.69 m. at SM Southmall Las Pinas using Altitude.nu |
1. Click on the map on a location where you wish to find the altitude
2. The altitude will be displayed in the message box below the map and when you hover over the marker
3. You can click to place more than one marker and return to hover over each in order to find out the altitude again
4. Click the [Clear Map] button in order to remove all markers and start again
5. Use the search option to find a place
Sample altitude using Daftlogic.com
- Using this site for SM Southmall Las Pinas at the same location has 36.755 meters above sea level.
36.755 m. at SM Southmall Las Pinas using Daflogic.com |
- Another example, at SM Baguio City, both sites has 1,489.++ meters above sea level.
1,489.89 m. at SM City Baguio using Altitude.nu |
1,489.397 m. at SM City Baguio using Daflogic.com |
- At the deep of the sea specifically the Manila Bay using the two sites, give us almost the same results at -29.++.
-29.49 m. at Manila Bay using Altitude.nu |
-29.515 m. at Manila Bay using Daftlogic.com |
- At Marianas Trench latitude 14.+++ and longitude 146.+++ (not exactly the same), also the results is quite different, see below.
-6,597.73 m. at Marianas Trench using Altitude.com |
-6,412.033 m. at Marianas Trench using Daflogic.com |
The two sites have almost the same results provided, the marks are placed in the same longitude and latitude. As to readers reviews, there are mixed opinions on the user of Daflogic.com while the Altitude.nu users has no option for comments. Comparability, the two sites has almost the same results but all these results not necessarily means an accurate one, have it try yourself and give us your reviews.
I find it very useful for my presentations in every project I have, not to be detail of its exact altitude but at least have the information of an approximate altitude the project has.
Even though we have these altitude sites to help us, it’s better to see the place personally before making decisions to buy a property. Add to that, these sites are very helpful also to understand a location if we had purchased a property or have a business in certain location, you could use altitude to determine if your property is at risk to asses if you need to avail of insurance.
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