Rcpublic of thc Philippincs
Ofrce of the President
Horrsins and Urban Development Coordinating Council
HOUSINGAND LAND USE REGULATORY BOARI)
BOARD RESIGLUTIOII 1IO. 921
Series of20|[
RE\IISED IMPLEMENTING RULES A]ID REGULATIONSTO GOVERN
THEADvERTIsEuEilTsoFSUBDIVISIoNANDCoNDoMINIUM
PROJECTSUITDER PRESIDEilTIAL DECREE NO; 957,
OTHERWISE KT{OWN AS THE'SUBDIVISIOII AND GONDOMINIUM
BUYERS' PROTECTIYE DECREE" AND ALL OTHER PROJECTS
REQUIRED BY LAW TO BE REGISTER'ED WITH THE
NOUSTNE AND LAND USE REGULATORY BOARD
pursuant to Article IV, Section 5(c) of Executirre order No. 548 (E.O. No.
O+gj, .ramendd Oy ft"c.rtiue Or@r No. 90, and to Section 36 of
presidential Decree I'io. 95/ (P.D. No, 957), the folbwing rules and
r"dl"d;; ('e"ard
"RutesJ are herebv- promugated by the Housing and Land Use
n"grl"i",y 1iil-une1 to'implement Section 19 and other related
pru:uiSont of P.D. trio. 957-and to regulate the advertisements of subdivision
ind condominium projec6 and all oilrer similar projec6 rcquired by law to be
registered with tfe HLURB.
section 1. rrde. This Rules shall be referred to as the '2014 Revised
Implementing Rules and Regubtions on Adveftisements"'
Section2.scopedApp|icatbn'ThisRu|essha||app|ytoa|l
proFct is requircd by law to
unnoun."r"nts and advertisenrents about a that
be registercd with tle HLURB.
which
when used in this Rules, tlre word "proiecf'shall irrclude the following
are required by law to be registered with the HLURB:
2.1 Allsubdivisions, inchdingresidenUal'
commercial, farmlot, and industrial subdivisions;
2.2 All condominiums, including residential
and commercial condominiums;
2.3 Any other similar protscb, irrclulding
cemeteries, mernorial parks, and columbaria'
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HLURB Bldg. Kalayaan Avenue corner Mayaman Street, Diliman, Quezon city
www.hlurb.gov.Ph
Section 3. Objectives. This Rules aims to ensure that the public and
prospective buyers are faifly and truthfully informed of the development,
construCtion, sales and operations, and oher facts Or activities relating to a
project in order that the public and prmpectirre buyers may not be misled or
deceived through misrepresentations that may be made in an announcement
or advertisement.
Section 4. Definition of Terms. When used in this Rules, the following
terms or wotds shall, unless the context otfierwise indicates, mean or be
understood as follows:
4.1 "Advertisernent" refers to any form of information, whether in words or
in illustrations, relaUng to a project, its operations or activities,
disseminated or communicated for the purpose of marketing and
selling the project, or any lot, including any building or improvement
thereon, or any unit thereof, through any of the varbus media such as
but not limited to newspapets, magazines, television, radio, billboards,
brochurcs, leaflets, flyers, digital and electronic signages and
communicttions, scale modds, or through buyers' briefings, seminars,
or trippings.
4.2 "Announcement" refers to any form of information, wheffter in words or
in illustrations, disseminated or communicated in the same manner as
an advertisement, solely for the purpose of initially informing or
notiffing the public about a project but not for the pur@se of
marketing or selling such project, or any lot, including any buiHing or
improvement thereon, or any unit thereof .
4.3 "Broker" refers to any person, natural or juridical, that is required by
P.D. No. 957 to be registered with the HLURB before it can undertake,
for commission or other compensation, to sell or negotiate the sale of
any lot including any buildirg or imprwement thereon, or any unit in a
p@ect belonging to another.
4.4 "Cease and Desist Order" refiers to an order issued by the HLURB
dirccted against a developer enjoining it from committing certain acts
in relation to its project by reason of a violaUon of Presidential Decree
No. 957, Batas Pambansa BS. 220, or any of their implementing rules
and regulations or any guidelines or circular issued therzunder.
4.5 "Crmetery" refers to a public or private land used for the hlrial of the
dead and other similar uses.
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4.6 "COlumbariUm" refer5 tO any stnigture, either freeslanding or part of
another building, containing niches for the inurnment of cremated
human remains. A columbarium may include an "ossuary" which
refers to the internment space for the bones of the dead'
4.7 ..Commercial condominium" refers to the entire parcel of real property
divided or to be divided primarily for commercial purposes into
commercial units, including all structures thereon.
4.8 "Commercial Suffiivision" refers tO a tract or parcel of land registered
under Act No. 496, as amended by Presidential Decree No. 1529,
which is partitioned primarily into individual lots for commercial use
with or without improvements thereon and offered to the public for
sale in cash or in installment terms.
4.9 "Condominium Project" refers to the entire parcel of real property
divided or to be divided into cqtdominium units, including all structures
thereon.
4.10 "Dealer" refers to any person, natural or juridkal. that is required by P'D.
No. 957 to be registered with the HLURB, before it can directly engage
as principal in the business of buying and selling of any lot including
any building or imprcvement thereon, or any unit in a project, whether
on a full-time or part-time basis.
4.11 "Developer" referc to a person, natural or juridical, who develops or
improves for and in behalf of the owner of a project. When used in
this Rules, the dweloper shallalso pertain or include the owner.
4.12 "Dissemination" refers to the publishing, airing or broadcasting, posting,
distributing, digital or electronic networking. or through any other
manner an advertisement or anlxluncement is communicated or made
known to the public.
4.13 "Farmlot suMivision" refers to a subdivision project primarily intended
for agricultural prcduction, wiUr a minimum lot area of 1000 sq'm. and
with a 25olo maximum allowable buildable area.
4.t4 "Industrial Subdivision" refers to a tract or parcel of land registered
under Act No. 496, as amended by P.D. No. 1529, partitioned primarily
into lots for sale or lease to establishrnents engaged primarily in
industrial production or seruices. The degree of development may be
limited to the provision of utilities and allocation of areas for industrial
building+ facilities, and amenities, or it may also include the provision
of buildings, facilities, and amenities.
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4.15 "Memorial Park" refers to a privately-owned cemetery provided with a
systematic supervision and maintenance where park{ike atmosphere is
its outstanding qualitY.
4.t6 "Owner" refers to the registered owner of the land subject of a project'
An owner who develops a project by himself shall be considered as a
developer.
4.77 *Project'refers to the different real estate developments enumerated
under Section 2 hereof which are required by law to be registercd with
thc HLURB.
4.18 "Sale" or "sell" shall include every disposition or attempt to dispose, for
a valuable consideration, of any lot, including the building and other
improvements thereof, or any unit in a project. "Sale" and "sell" shall
also include a contract to sell, a contract of purchase and sale, an
exchange, an attempt to sell, an option of sale or purchase, a
solicitation of a sale, or an offer to sell, directty or by an agent, or by a
ci rcu lar, letter, advertisement or otherwise.
A privilege given to a mernber of a cooperative, corporation,
partnership, or any association and/or the issuance of a certificate or
receipt evidencing or giving the right of participation in, or right to, any
land in consideration of payment of the membership fee or dues, shall
be deemed a sale within the meaning of this definition.
4.19 "salesman or Salesperson" refers to any person engaged, supervised, or
regularly employed by a broker aM who is rcquircd by P.D. No. 957 to
be registered with the HLURB before it can perform, for and in behalf of
the broker, any or all functions of the latter.
4.20 "suMivision Project" refers to a tract or a parcel of land registered
under Act No. 496, as amended by Presidential Decree No. 1529,
which is partitioned primarifi for residential purposes into individual
lots with or without improvements thereon, and offered to the public
for sale, in cash or in installment terms. It shall include all residential,
commercial, industrial and recreaUonal areas as well as open spaces
and other community and public areas in the project.
All other words as may be used in this Rules shall be interpreted in
accordance with their normaland popular usage and meaning.
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Section 5. Trudr in Adveftising. Any announcement or advertisement
aOout a poect, or about its operauons or activities, must reflect the real facts
and must be presented in a manner ftat will not tend to mislead or deceive
the public. All representatbns
-Oo,gn pertainirg to the proiecfs payment and
finanting scheme,' and silandards, ard its amenities, f,acilities and
other privileges connected with the sale of the lnts, including any building or
improvemeni thereon, or any units thereof, must conform with lhe rules and
guidelines issued by the HLURB'
Section 6. Announcement Of A Ploinct. Only the owner or the dweloper
may make an announcement about a project before the issuance of its license
to sell, provided that sr.rch ann(runcemefit shall not irrclude any information or
statement which direcUy or indiredy convelr5 or suggests the sale or
marketing of any of tfre lots, including any building or improvement thereon.
Any violaiion of this ptovision or its implementing guidelines as may be issued
by the HLURB shall constitr.te as selling without a license and shall
accordingly be subject to appropriate sanctions and penalties imposed by
Presidential Decree No. 957 and the ruhs, regulations and guidelines issued
thereunder.
section 7. Approval of the Advertisemsrt. The owner/developer,
dealer, or the authorized broker/s or sabsperson/s shall be allowed to
advertise about the proiect only after the issuance of the projec(s license to
sell and after the HLURB has approved the advertisement material in
accordance with its issued rules and guidelines. Such approval may however
be suspended or rcvoked in case of violation of the terms and conditions of
the advertisement approval or by reassl of any violation of the rules and
regulauons issued by the HLURB.
Section 8. Material Facts and Prdribited Information and
statements. To enable the public or prospective buyers to make an
informed choice on their purchase or acquisition, any adveftisement about a
project must indicate material facts, and all announcements and
advertisements shall not include any prohibited statement or information, as
may be provided under the rules ard guidelines issued by the HLURB-
Section 9. Warranfies and Liabilities All representations in an
advertisement shaft form part of the sabs warranties enforceable against the
owner or dweloper, jointty ard sarerally. Srch owner or dwebper shall be
answerable and liable for ttre facilities, improvements, infrastructures, or
other forms of development represented or promised in an advertisement and
failure to timely and completely fulfill these representatbns shall constitute
breach of contract and warranties and shall be subject to sanctions and
penalties in accordance with PrcsirJential Decree No. 957 and the rules and
guidelines issued bY the HLURB'
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Section 1O. lrlonibring. The HLURB, in the exercise of its visitorial powers'
may motu propo or upon verified complaint, exercise its right to monitor all
announcernents and advertisements arxC impoSe appropriate Sanctions in case
of violation or non-@mpliance with this Rules and the guidelines issued by
the HLURB pursuant hereto.
Section 11. Penalty Clause. Any anrulncernent or advertisement issued
or disseminated in violation of this Ruhs or the guidelines issued pursuant
hereto shall be considered as a gohibited announcement or advertisement
and shall be penalized in accordance with ttre provisions of Executive Order
No. 648 and Section 38 (Administative Fines) and Section 39 (Penalties) of
Presidential Decree No. 957.
Each and every publication or pnnting of a prohibited announcement or
advertisement in any nevrspaper, magazine, or any other periodicals,
brochures, leaflets, or flyers, or every airing or broadcasting of such
prohibited announcement or advertisement shall be considered as a separate
violation and each shall be subject to separate sanctions and penalUes.
The rights and remedies provided in this Rules shall be in addiUon to any and
all other rights and remedies that may be availaHe under existing laws.
SECTION 1?- Authority b Issue Guide{ines and Circulars. The Chief
ExecuUve Officer of HLURB is hereby authorized to issue guidelines through
memorandum circulars implementing or interpretirp this Rule+ provided that
the provisions of sudt guldelines shall not be inconsistent with or go beyond
the provisions of this Rules.
Section 13. Repealing Cliauss - All HLURB resolutions, rules and
regulations, memoranda, circulars, guiddines ard similar official issuances on
advertisements of projects, inclutrdirg subdivision and condominium projects
under P.D. No. 957, that are inconsistent herewith are hereby repealed.
Section 14. Separalility Clause. - The provisions of this Rules are hereby
declared separable, and in the errent that any provision herein is declared null
and void, the validity of all other provisions shall not be affected thereby'
Section 15. Effiectivity Clause. This Rules shall bke effect fifteen days
after its publication in the fficial Cazette or in any national newspaper of
general circulation.
Section 16. Transitory Pnovision. - All owners, developers or advertisers
with existing announcemenb or dvertisments, including billlboards' not
complying with the foregoing Rules and the guidelines that may be issued
by the HLURB pursuant hereto shall, within sixty (60) upon effectivity of this
Rules, immediatety cease ard desist ftrom using such announcement or
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advertisernent material unUl suctr time tte sanre has been amended and
accordingly approved bV the HLURB.
APPROvED, this 2d day of December 2014, Quezon City.
C. BIIIAY/-
Vice-President of the & HUDCC Chairman
a" ,'t'/; c' i;a:_-. - -
vu/v-v a
AUSTERE A..PANADERO ANTOI{IO M. BERNARDO
Undersecretary, DILG C-ommissioner and Chief Executive Officer
:r-- _---
IOSE VICENTE B. SALAZAR . GOLEZ.CABRERA
A. PACANAN PAREDES
n (b^
'
/1 |
6-)f,D1--- I - l
EMMANUEL F. ESGUERRA ultDltffi#14(Aeff ffiltrLl.A,MilsA
Commissioner
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