This case has been cited 3 times or more.
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2010-03-02 |
BRION, J. |
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| On a final note, we choose to reiterate, for the benefit of the HLURB, our ruling in Co Chien v. Sta. Lucia Realty & Development, Inc.,[39] that the requirements of Sections 4 and 5 of P.D. No. 957 are intended merely for administrative convenience in order to allow for a more effective regulation of the industry and do not go into the validity of the contract such that the absence thereof would automatically render the contract null and void. We said: A review of the relevant provisions of P.D. 957 reveals that while the law penalizes the selling of subdivision lots and condominium units without prior issuance of a Certificate of Registration and License to Sell by the HLURB, it does not provide that the absence thereof will automatically render a contract, otherwise validly entered, void. The penalty imposed by the decree is the general penalty provided for the violation of any of its provisions. It is well-settled in this jurisdiction that the clear language of the law shall prevail. This principle particularly enjoins strict compliance with provisions of law which are penal in nature, or when a penalty is provided for the violation thereof. With regard to P.D. 957, nothing therein provides for the nullification of a contract to sell in the event that the seller, at the time the contract was entered into, did not possess a certificate of registration and license to sell. Absent any specific sanction pertaining to the violation of the questioned provisions (Sections 4 and 5), the general penalties provided in the law shall be applied. The general penalties for the violation of any provisions in P.D. 957 are provided for in Sections 38 and 39. As can clearly be seen in the cited provisions, the same do not include the nullification of contracts that are otherwise validly entered. | |||||
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2010-01-22 |
ABAD, J. |
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| In ruling that respondents' criminal liability has been extinguished, the CA relied on Co Chien v. Sta. Lucia Realty and Development, Inc.[22] But Co Chien is a case for refund of down payment and nullification of the contract of sale between the buyer and the developer whose license was issued only after the execution of the contract. This Court refused to void the transaction in the case because the absence of the license was not in itself sufficient to invalidate the contract. And while there was no fraud on the part of the developer, the HLURB directed it to pay an administrative fine of P20,000.00 for selling the lot without the necessary license. This only shows that the subsequent issuance of a license, as in this case, will not extinguish the liability of the developer for violation of Section 5 of P.D. 957. | |||||
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2009-05-08 |
TINGA, J. |
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| In Co Chien v. Sta. Lucia Realty and Development, Inc.,[31] the Court ruled that the requisite registration and license to sell under P.D. No. 957 do not affect the validity of the contract between a subdivision seller and buyer. The Court explained, thus:A review of the relevant provisions of P.D. [No.] 957 reveals that while the law penalizes the selling subdivision lots and condominium units without prior issuance of a Certificate of Registration and License to sell by the HLURB, it does not provide that the absence thereof will automatically render a contract, otherwise validly entered, void. Xxx | |||||