EMMANUELLI Properties Opc

28/10/2025

𝗡𝗕𝗜 𝗔𝗥𝗥𝗘𝗦𝗧𝗦 𝗧𝗪𝗢 𝗜𝗡 𝗖𝗔𝗩𝗜𝗧𝗘 𝗙𝗢𝗥 𝗦𝗘𝗟𝗟𝗜𝗡𝗚 𝗨𝗡𝗥𝗘𝗚𝗜𝗦𝗧𝗘𝗥𝗘𝗗 𝗦𝗨𝗕𝗗𝗜𝗩𝗜𝗦𝗜𝗢𝗡 𝗣𝗥𝗢𝗝𝗘𝗖𝗧

In line with the directive from National Bureau of Investigation (NBI) Director JUDGE JAIME B. SANTIAGO (Ret.) to boost the operations against criminality, the NBI-Cavite District Office - North (NBI-CAVIDO North) arrested IRENE YUVIENCO ROSAL and RESIE JANE BRONDIAL PACON in Naic, Cavite. Subjects Rosal and Filarca were arrested for violation of Sections 4 and 5 in relation to Section 39 of Presidential Decree No. 957, and Swindling/Estafa under Article 315(2) (a) of the Revised Penal Code (RPC).

The operation was initiated after multiple complaints were filed against the Subjects. Complainants alleged they were deceived into believing that a subdivision project being offered by Subjects Rosal and Filarca through MJRL Landsource Realty was legitimately registered and had license to sell from the Department of Human Settlement and Urban Development (DHSUD) and the concomitant license to sell.

An investigation and verification with DHSUD IV-A confirmed that the project was unregistered and had no license to sell. Furthermore, the DHSUD had already issued a cease and desist order against MJRL Landsource Realty.

NBI-CAVIDO North agents, assisted by DHSUD officers, conducted an entrapment operation that led to their arrest. Recovered from the Subjects were marked money, an MJRL Landsource Realty receipt, a lot plan for Landsource Residences (Phase 1), a master list of lot buyers, and a lot distribution map.

Subjects were presented for inquest proceedings for violations of Sections 4 and 5 in relation to Section 39 of Presidential Decree No. 957, and Swindling/Estafa under Article 315(2)(a) of the Revised Penal Code.

Director Santiago commended the NBI-CAVIDO North agents for the successful operation. He added that the arrest serves as a reminder that the real estate industry is heavily regulated and that compliance with the law is crucial for developers, management, and buyers. The case underscores the importance of due diligence and the protection of buyers' rights and investments.

24/10/2025

06/07/2025

⚖️❗️❗️ Nakabili ka ng Lupa at nag invest ka sa housing project ni Developer dahil nakita mo maganda pagka market nila sa social media pero nalaman mo wala itong License to Sell (LTS). Can I Get My Refund? Alamin ano ito at yung pwede mong gawin❗️⚖️

The answer is a resounding YES. and here’s why.

What is a License to Sell (LTS)?

A License to Sell (LTS) is a government-issued permit granted by the Department of Human Settlements and Urban Development (DHSUD) that legally allows a real estate developer or project owner to sell subdivision lots or condominium units to the public.

It is a mandatory requirement under Presidential Decree No. 957 (Subdivision and Condominium Buyers’ Protective Decree).

Real estate buyers are becoming more vigilant and for good reason. Imagine paying for a pre-selling unit for months, only to discover that the developer NEVER had a License to Sell (LTS) from the Department of Human Settlements and Urban Development (DHSUD). At this point, many ask:
“Can I cancel and demand a refund?”

The law offers strong protection but your actual remedy depends on key facts, including the nature of the contract, the status of the project, and your payment timeline.

Legal Foundation:

1. Presidential Decree No. 957 which is the Subdivision and Condominium Buyers’ Protective Decree
Section 5 of P.D. 957 makes it clear:

“No owner or developer shall sell any subdivision lot or condominium unit in the Philippines without obtaining a License to Sell from the proper agency.”

This means a sale without LTS is illegal from the start.

Buyers are not bound to honor an illegal or unauthorized contract.

2. Section 20 of P.D. 957

Violations may result in sanctions, penalties, and other legal consequences for the developer or agent. This can also open the door for civil and even criminal liability.

3. Article 1409, Civil Code – Void Contracts
Contracts that involve an unlawful cause or object, such as a sale prohibited by law, are null and void from the beginning.

In short: You may not be bound to continue paying for an illegal contract.

Maceda Law Misuse:

Developers sometimes invoke Republic Act 6552 (Maceda Law) to limit your refund but here’s the truth:

Maceda Law protects buyers in valid installment contracts. If the developer has no LTS, the contract itself may not be legally valid, and the Maceda Law doesn’t apply.

KVP TIPS:

If a buyer unknowingly enters into a contract with a developer operating without an LTS, and later discovers the illegality:

✅ You may have the right to rescind the contract
✅ Demand a full or substantial refund
✅ File a DHSUD complaint and/or civil case
✅ Possibly initiate criminal proceedings if there’s deceit

But remember: the outcome depends on documentation, evidence, and timing. Not all refund cases are alike. Some buyers fall under special exceptions—others must take legal steps to assert their rights.

Bottom Line:

Developers must secure an LTS before accepting payments or signing contracts. If you’ve been affected by a seller operating without it, you have legal rights but you need to act strategically and with counsel.

Don’t rely on sales talk or promises.
Don’t sign anything without confirming the LTS.
Don’t wait until it’s too late.

Deal with a reputable Real Estate Developer, ask the assistance of a trusted and license Real Estate Professional for your property investment

RED FLAGS TO WATCH OUT FOR:

1. No visible DHSUD LTS number on brochures or websites

2. Promises of “fast turnover” without showing any legal documents

3. Asking for payments before issuance of LTS

4. Salespersons pressuring you to reserve “before permits are out”

17/06/2025

Soon!
PRODUCE. PRODUCE. PRODUCE.

10/05/2025

ARGAO Councilor

08/05/2025

#6 Dela Torre for Argao Councilor

05/05/2025