am i entitled under maceda law

an ofw who acquire a unit from PROFRIENDS the house and lot is located at habay1 bacoor cavite. i got a very serious concerned.because i am an ofw usually i don't have enough time to check everything here in the Philippines. since we moved in the house there's a lot of defects as follows

-cracks on the walls n very unusual coz every year seems they're multiplying,
-lot of stains in the walls caused by rain and even water is coming inside the house like a shower which means the waterproofing was not properly done
-all paints were coming out and even the cements
- doors cannot be repainted because the material that they use was low quality
-drainage system hera the service area it always block and overflowing that coming inside the house especially during these heavy rains
-doors were not properly fitted, especially the main door thats why my mom slept down stairs for 2 months coz it cant be lock

we always filing a complain to the engineers but nothing happens,as i could remember they only fix the defects 2 years ago by the maintenance called 'tatay edwin'' but now he's out of profriends because hes fed up with their poor management.then just this august 31,2012 i received a letter from PROFRIENDS that surprised me a lot. a letter for CANCELLATION AND FORFEITURE.it states on the letter that i didnt pay from aug 2011 till present.and i came to know that my sister didnt pay the money that im sending for the monthly amortization.the saddest part i have to pay the monthly including the penalties and other fees costing more then 600kphp. that if iw ill not comply with the payment and pay even just half they will will close the unit. and i even found out that they said that theyre sending mails since February which i didnt receive, and another surprising thing was theyre sending it to the wrong address for how many months thats why iwas not properly informed. now checking on my collectibles that i need to pay that as of sept. 20,2012 causing 700k and the quality of the house my husband and i came on a decision to return the house to PROFRIENDS and start new if we cant comply with the payment after 3 months . we acquire the house june 20, 2009 with full down payment and continous monthly till july 2011.we want to ask if were under the MACEDA LAW. and how can we claim our refunds, do we have to go to HLURB OFFICE and file it or to our PROFRIENDS DEVELOPER???

we do really need an immediate answer coz we dont have much time to spent here in the Philippines.and we need our refunds to use for our down payment this comin g November

Since you are already paying in more than 2 years yes you are entitled for a refund under maceda law

I am paying installments on a piece of property and stopped a year ago... binilang ko po yung nabayad ko on installments 14 mos lang po excluding yung 6 mos installment sa downpayment and reservation. Nabasa ko po na 2 yrs dapat para mag qualify, pede po ba ako mag bayad ng kulang na 4 mos para makabawi naman po ako, need ko po ng money for personal needs. thanks po

do you have any idea how long the process can take if i file under the "maceda law"? please reply asap thank you very much..

Depende po kung gaano po kasipag ang ating mga HLURB arbiter. Karamihan naman sa kanila masisipag

crazy_monk813 - punta po kayo ng personal sa opisina ng HLURB. tutulungan po kayo nila.

Maaari po bang makisingit? Nung pumunta ako sa HLURB at nakausap ang kanilang resident lawyer nabanggit niya na mabebelewala yung Refund ko via Maceda Law oras na nakatira na ako sa property. Totoo po ba ito kasi wala naman akong nakita sa nasabing batas. Maliban na lang kung ito'y nakasaad sa ibang batas at saan?

TIA

may natanggap ka ba na letter of cancellation of contract. dapat mangggaling un sa developer ng subdivision. may mga condition or term/period sa maceda law in order to avail refund.

sir shad_marasigan,

wala pa namam akong natatanggap na letter of cancellation of contract. bale plano ko na ako magpasa sa developer ng rescission of contract at ilalagay ko duon na entitled ako sa refund under ng maceda law kasi mahigit 3 taon na akong naghuhulog sa bahay pero mahigit 2 taon ng naninirahan duon. kaya lang nag-dadalawang isip akong ilagay sa rescission contract yung part ng maceda law kasi duon sa sinabi ng resident attorney sa HLURB... balewala yung Refund kung natirhan ko na yung bahay... nasa batas ba itong "anti-maceda law" na sinasabi ng resident attorney ng hlurb?

maybe what resident lawyer is saying is that because you did not default, refund is not the proper remedy.
if your complaint is founded on defects of the house, then your cause of action should be damage or specific performance. you can file this at hlurb or at the small claims court (damage).
if your complaint is rescission of contract, then hire a lawyer to give you proper guidance.

do i have to ask for the letter of cancellation from my builder for me to apply for the "maceda law"?

HOW DO I GO ABOUT IN GETTING A COPY OF THE ORIGINAL TITLE OF MY LOT, WHICH MY EX WIFE IS TRYING TO KEEP FROM ME? WHAT WOULD BE THE BEST SOLUTION? THANKS

caldeh911 - you can execute an affidavit of loss and file it with the registry of deeds so that you may be issued a new owners duplicate title.