MEMORANDUM FOR : GERONIMA B. ANGELES District Manager, QCP-NCR THRU : VICTOR C. BALBA Group Manager, NCR SUBJECT —_: Request for Opinion re: Cancellation of Conditions Annotated on the Title after the Lapse of the Restrictive Period by Non-Awardees March 8, 2016 This refers to your request for opinion re: cancellation of conditions annotated on the title after the lapse of restrictive period by non-awardees dated January 13, 2016 |i your memorandum, you mentioned about the conflicting opinion issued by this Department on April 21, 2015 and September 2, 2015 regarding payment of transfer fee after the lapse of the restrictive period We stand by the opinion rendered by this Department dated April 21, 2015 as itis more in consonance with NHA Policy on the matter. The opinion rendered by this Department dated September 2, 2015 has no leg to stand on as the basis for rendering the opinion was the Re-orientation and Workshop on Awards and Tenurial Services (Agreements Reached) dated June 10, 11 & 19, 2009 which, incidentally, was provided by a staff of your Office. The second opinion is more of an oversight as the document provided by your staff used as basis has no force and effect as it was not approved by the NHA Management and the Board of Directors. When a lot is awarded in any of our projects, the name of the original awardee 's thus listed in the Lot Inventory System (LIS) and it remains in the list as long as no approved transfer over the lot is recorded. The NHA has no privity or business relations with subsequent transferees, thus, prior to any cancellation of restrictions from the title, the transfer must first be approved and the necessary fees paid by the transferee Memorandum Circular No. 400, dated October 29, 1985 approved by former NHA General Manager, Gaudencio V. Tobias, authorized the charging of fees for transfer of Rights over lots, lots with houses and condominium units and other Services rendered by NHA pursuant to Batas Pambansa Blg. 325 and its Implementing Rules and Regulations Under Ministry of Finance Order No. 6-83 and as approved by the Cabinet on September 19, 1985‘Subsequently, Memorandum Circular No. 1295, dated March 2, 1998 was issued by former NHA General Manager, Marciano M. Pineda pursuant to Executive Order No. 159, dated February 23, 1994, the Department of Finance and Department of Budget Management Joint Circular No. 2-94, dated December 14, 1994 and NHA Board Resolution No. 3782, dated October 16, 1997 which revised the fees collected for services rendered by the National Housing Authority. In both issuances, there was no distinction on whether the charging of transfer fees is to be made prior to or after the lot has been fully paid or titled. The fees collected under Memorandum Circular No. 1295 is applicable as cost of services rendered by NHA. In view of the foregoing, we are of the considered opinion that transfer fees ‘must first be collected by NHA on the transfer of property before any cancellation of restriction annotated on the title is processed Any act to the contrary is violative of NHA Rules and Regulation and may be subject of an administrative case. Further, unless the existing memorandum, policy or rules is revised, amended or abandoned by NHA Management and the Board of Directors, the same stands. Please be guided accordingly. cg UB LAMY ATTY. ELEONOR ARCADIO BALABAT [Prerin-chare, Lege Departgent EABPRJImag Pc2meme GeronimaAngelesQCP