MC 15 01
MC 15 01
TO ALL CONCERNED
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Pursuant to Section 12 of the Housing and Land Use Regulatqlry Board (HLURB)
Resolution No. 921, Series of 2014, or the "Revised Implementing Rules and
Regulations to Govern The Advertisements of Subdivision and Co~dominium Projects
under Presidential Decree No. 957 (P.O. No. 957) Otherwi' e Known as the
"Subdivision and Condominium Buyers' Protective Decree" And All Other Projects
Required By Law To Be Registered With the Housing and Lar k:I Use Regulatory
Board", this Guidelines is hereby issued.
RULE I
GENERAL PROVISIONS
Section 1. Title. - This Guidelines shall be referred to as the \\~ 014 Guidelines on
Advertisements". I
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Section 2. Scope of Application. This Guidelines shall apply tq all advertisements
and announcements about any project required by law to be registered with HLURB.
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HLURB Bldg., Kalayaan Avenue corner Mayaman Street, Diliman, Quezen City
www.hlurb.gov.ph
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2.3 Any other similar projects, including cemeteries, memq ial parks, and
columbaria.
4.2 "Advertiser" refers to the owner/developer, dealer, or auth rized broker and
salesperson who secured or is supposed to secure the adve isement approval
from the HLURB and caused its dissemination or communicat on.
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4.5 "Broker" refers to the person who is required by P.D. No. 95~ to be registered
with the HLURB before it can undertake, for comml sion or other
compensation, to sell or negotiate the sale of a real est te belonging to
another.
4.6 "Cease and Desist Order" refers to an order issued by the HLURB directed
against a developer enjoining it from committing certain acts in relation to its
project by reason of a violation of Presidential Decree No. 957, Batas
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Pambansa Big. 220, or any of their implementing rules and r gulations or any
guidelines or Circular issued thereunder.
4.7 "Cemetery" refers to a public or private land used for the b rial of the dead
and other uses indicated for cemetery purposes.
4.9 "Commercial Condominium" refers to the entire parcel of real property divided
or to be divided primarily for commercial purposes into mmercial units,
including all structures thereon.
4.11 "Condominium Project" refers to the entire parcel of real pr perty divided or
to be divided into condominium units, including all structures Ithereon.
4.12 "Dealer" refers to any person required by P.O. No. 957 to e registered with
the HLURB before it can directly engage as principal in the usiness of buying
and selling of real estate, whether on a full-time or pa rt-ti mel baSis.
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4.15 "Farmlot subdivision" refers to a subdivision project prima ily intended for
agricultural production, with a minimum lot area of 1000 .m. and with a
25% maximum allowable buildable area.
4.16 "Industrial subdivision" refers to a tract of land partitioned in 0 lots for sale or
lease to establishments engaged primarily in industrial produ ion or services.
The degree of development may be limited to the provisio of utilities and
allocation of areas for industrial buildings, facilities, and am nities, or it may
also include the provision of buildings, facilities, and amenitie .
customers or prospective buyers while outside their home' such as but not
limited to photographic and electronic billboards, transit adv rtisements, digital
displays, banners, tarpaulins and posters.
4.20 "Owner" refers to the registered owner of the land subje of a project. An
owner who develops a project by himself shall be consideredias a developer.
4.21 "Print Advertising" refers to all advertisements that are diss minated through
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newspapers, magazines, brochures, pamphlets, flyers and I other similar or
related materials.
4.22 "Project" refers to the different real estate development numerated under
Section 2 hereof which are required by law to be registered ith the HLURB.
4.23 "Sale" or "sell" shall include every disposition or attempt to dispose, for a
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4.24 "Salesman" refers to the person registered with the HLURB and engaged or
regularly employed by a broker to perform, for and in his ehalf, any or all
functions of a real estate broker.
4.25 "Subdivision Project" refers to a tract or a parcel of land reg~stered under Act
No. 496, as amended by Presidential Decree No. 1529, wh ch is partitioned
primarily for residential purposes into individual lots ith or without
improvements thereon, and offered to the public for sal , in cash or in
installment terms. It shall include all residential, commerci I, industrial and
recreational areas as well as open spaces and other com unity and public
areas in the project.
RULE II
GENERAL GUIDELINES IN ADVERTISING
approved site development plans, architectural plans and work pr ,grams. Only such
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Section 7. Pictures and Illustrations. Any picture or iIIustrati 'n of the project,
or any of its features, facilities, or amenities that may be included r depicted in the
advertisement shall be captioned as "actual photographs", "archite tIs perspective",
"artist's illustrations" or such other similar captions, as the case may' be.
Section 9. Location and Distance. The location and distance f a project must
be stated in a manner that will not tend to mislead the public or p ospective buyers
of its proximity, accessibility and value. Any statement of the proj ct's location and
distance in relation to a known place or landmark shall be expr ssed in terms of
kilometers, and any vicinity map illustrating such proximity to I known places or
landmarks must Similarly indicate such distance or distances in term of kilometers.
issuance of the project's license to sell shall not include the office' ddress or contact
numbers or information of the owner, developer or dealer or the! names and office
address or contact numbers of any of the project's autho I ized broker/s or
salesperson/s. In addition, an announcement shall not include any other information
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11.1 Disclaimer(s);
11.2 Any other or future project or development not covered by the license to
sell stated therein, unless such other or future projects are included in a
cluster development as provided under Section 15 hereof; an
12.1 The name(s) of the owner(s) and/or developer(s) of the proj ct;
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12.2 The exact location of the project including street name, bar ngay, and city or
municipality;
12.5 The approved project completion date as indicated in the lice se to sell; and
12.6 The maximum selling price in case of economic and cialized housing
projects.
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Any printed advertisement that includes the names or offices of the ealer or any the
project's authorized broker/s or salesperson/s shall likewis~ indicate their
corresponding HLURB registration numbers. I
13.2 The location of the project including the name of the baran ayand
city/municipality); and
13.3 The License to Sell or Amended License to Sell Number and d te of issue.
Section 14. Other Advertising Requirements. In print adve Ising, the license
to sell number must be of the same font type and size, and esolution as the
advertiser's telephone number. In all cases, the mandatory con~ nts as provided
under Sections 12 and 13 hereof shall be readable or comprehensib~ .
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RULE III
APPLICATION AND APPROVAL OFADVERTISEM
Section 16. Who May Announce and Advertise. Only he owner or the
developer may announce about a project before the issuance of ts license to sell.
After the issuance of the project's License to Sell (LS), the owner/. developer, dealer
or the authorized broker/s and/or salesperson/s ( hereinafter colle: ively referred to
as " the advertiser'') indicated in the application for the Certific~ e of Registration
and License to Sell (CRjLS) may advertise about the project. .
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Projects licensed by one and the same RFO may be included in ne material and
shall be subject to one advertisement approval. Otherwise, a sing! e advertisement
about several projects registered in different RFOs are required to e approved first
by all of the RFOs where the projects are respectively registered.
Section 19. Fees. Fees shall be collected upon the filing , f application in
accordance with the approved Schedule of Fees.
Section 20. Review and Approval. The contents and represen ations contained
in the submitted material shall be reviewed in accordance wit the guidelines
provided under Sub-Rules II-A and II -B hereof. All applications r advertisement
approval shall be acted upon within five (5) working days fro receipt thereof,
except those applications filed at the time or together with the pr ject's application
for the issuance of CR/LS. In such a case the approval shall be iss, ed together with
the project's CR/LS. The approval shall consist of a letter from th HLURB Regional
Officer authorizing the dissemination of the advertisement and w ich shall further
state all the conditions as may be imposed. The letter of approval nd the approved
copy of the announcement or advertisement shall in all instances b ar the HLURB dry
seal. Further, the copy or material shall be duly signed by the Re ional Officer and
stamped "approved", with the date and number of approval indic ted thereon. The
pro-forma copy of the Letter of Approval is hereto attached as Ann~ "B".
In case the submitted advertisement material is not consistent or c mplying with the
guidelines herein set forth, the RFO reviewing the same shall s nd the applicant
advertiser a Notice of DefiCiency in ReqUirements, stating therein, he reason/s why
the material cannot be approved and requiring the applicant to a: end the same in
order to conform with the guidelines herein set forth.
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RULE IV
WARRANTIES AND LIABILITIES
Section 23. Liabilities of the Owner or Developer. The failur of any owner or
developer to timely and completely deliver all representations mad in the project's
advertisement constitutes an actionable breach of contract and warranties. In
addition to the imposition of the appropriate penalties under Secti n 27 hereof, any
buyer who may have been induced to purchase a lot, including any building or
improvement thereon, or any unit in a project by reason of any fa se or misleading
representation in an advertisement may enforce all the rights and r medies available
for such breach of contract and warranties, including the pa: ment of proper
compensation and damages.
RULE V
MONITORING, OFFENSES AND SANCTIONS
Section 24. Monitoring. In the exercise of its viSitorial powersi the HLURB may,
motu propriO or upon verified complaint, exercise its right to monitor all
announcements or advertisements and impose appropriate san ions in case of
violation or non-compliance with the foregoing guidelines.
from its approved advertisement material or which fails to compl with the terms
and conditions of the advertisement approval and other HL RB's rules and
guidelines shall be considered as prohibited advertisement. ach and every
publication or printing of any prohibited announcement or adv rtisement in any
newspaper, magazine, or any other periodicals, brochures, leaf! ts, or flyers, or
every airing or broadcasting thereof shall be considered as a sep~ ate violation and
each shall be subject to separate sanctions and penalties, ex ept out-of-home
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advertisements displaying identical contents or materials which shall be considered
as a single advertising only.
Any alteration of plan resulting to any change in the am, nities, facilities,
infrastructure or other developments featured in the adverti· ement, whether
approved or not, shall also ipso facto revoke the approval of any or all previously-
approved advertisements of the project and the advertiser shall i mediately cease
from using or disseminating any or all previously-approved advertis ments.
Section 28. Penalties. Any violation of Board Resolution No.9 1, series of 2014
and of this Guidelines shall be penalized in accordance with he provisions of
Executive Order No. 648 and Section 38 (Administrative Fines) and Section 39
(Penalties) of Presidential Decree No. 957. I
All fines imposed in this Guidelines shall be payable to HLURB and enforceable
through writs of execution in accordance with the existing . LURB's Rules of
Procedure. The rights and remedies provided in this Guidelines s all be in addition
to any and all other rights and remedies that may be available und r existing laws.
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RULE VI.
SEPARABILITY AND EFFECTIVITY
Section 29. Separability Clause. The provisions of this GUid~ ines are hereby
declared separable, and in the event that any provision herein is eclared null and
void, the validity of all other provisions shall not be affected thereby1
Section 30. Effectivity Clause. This Guidelines shall take effect i mediately.
Section 31. Transitory Provision. All owners, developers or: advertisers with
existing announcements or advertisements, including billboards, nq complying with
Board Resolution No. 921, Series of 2014 and the foregOing Guidelines shall, within
sixty (60) days upon effectivity of Board Resolution No. 921,1 Series of 2014
immediately cease and desist from using such announcement r advertisement
material until such time the same has been amended, and in the case of
advertisements, accordingly approved by the HLURB.
ANTONIO M. BERNARDO
Commissioner and Chief Executive Officer
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ANNEXA
Pursuant to Section 19 of Presidential Decree No. 957 and its Imple enting Rules and
Regulations, Memorandum Circulars and Guidelines, the undersigned hereby apply for
approval of the proposed advertisement of NAME OF PROJE - T owned
and developed by OWNER ! DEVELOPER which is due for publication !
broadcasting! distribution on _ _ _ _ _ _ __
I can be reached at :
Address:
Telephone No. :
I hereby attest that all the foregoing infonnation, data, and submitted document are true and correct
to the best of my knowledge and have been given freely, voluntarily and! ithout fraudulent or
deceitful intent and purpose whatsoever, and that I have personally read, fille' -out, understood and
signed the foregoing application fonn.
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Position/Designation
Place Date
NOTARY PUBLIC
Doc. No.
PageNo._
Book No.
Series of
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ANNEXB
Date
Relative to your request for approval of the attached proposed advertisement aterial of NAME
OF PROJECT located at , please be inf rmed that the said
ADVERTISEMENT MATERIAL IS APPROVED and AUTHORIZED FOR PUBUCATI ,DISPLAY AND/OR
DISTRIBUTION, subject to the following conditions:
/ / That the Project's License to Sell No. issued on s all be stated in the
advertisement and must be of the same font type, size, and resolutio as the advertiser's
telephone number indicated in the advertisement.
/ / That all of the mandatory contents in the advertisement must be readablJ or comprehensible;
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/ / That the exact location of the Project shall include the street name, 1::/ rangay, and city or
municipality (for print advertisement), or the barangay and city or munid pality ( for broadcast
advertisement) ;
/ / That for socialized or economic housing projects, the maximum selling prj e shall bee indicated
in the advertisement (for print advertisement);
/ / That the OWNER/DEVELOPER shall be answerable and Iiaij e for the facilities,
improvements, infrastructures or other forms of development represe'ted or promised in
brochures, advertisement and other sales propaganda disseminated e en by its authorized
agents, and the same shall form part of the sales warranties enforcea Ie against the owner
/developer, jointly and severally; :
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I I That no alterationl deviation shall be made in the approved advertisemen. materials when the
same is publishedl distributed and disclaimer shall not be included in the a vertisement;
I I That any misrepresentation made in the advertisement materials shall a valid cause for
revocation of this approval and for all other sanctions.
It is further understood that any violation or non-compliance with the foreg· ing conditions shall
subject the offender to the administrative and lor criminal penalties I provided for under
Sections 38 and 39 of P.O. 957 and its Implementing Rules and Regul tions, Memorandum
Circulars, and Guidelines.
Regional Director
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