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PD 957 Title IV PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE

PD 957 Title IV PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE

Update: 2023-04-19
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Title IV
PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE


Section 13. Hearing. In the hearing for
determining the existence of any ground or grounds for the suspension
and/or revocation of registration certificate and license to sell as
provided in Section 8 and 9 hereof, the following shall be complied
with:


(a) Notice. No such hearing shall proceed unless the
respondent is furnished with a copy of the complaint against him or is
notified in writing of the purpose of such hearing.


(b) Venue. The hearing may be held before the officer
or officers designated by the Authority on the date and place specified
in the notice.


(c) Nature of proceeding. The proceedings shall be
non-litigious and summary in nature without regard to legal
technicalities obtaining in courts of law. The Rules of court shall not
apply in said hearing except by analogy or in a suppletory character and
whenever practicable and convenient.


(d) Power incidental to the hearing. For the purpose
of the hearing or other proceeding under this Decree, the officer or
officers designated to hear the complaint shall have the power to
administer oaths, subpoena witnesses, conduct ocular inspections, take
depositions, and require the production of any book, paper,
correspondence, memorandum, or other record which are deemed relevant or
material to the inquiry.


Section 14. Contempt.


(a) Direct contempt. The officer or officers
designated by the Authority to hear the complaint may summarily adjudge
in direct contempt any person guilty of misbehavior in the presence of
or so near the said hearing officials as to obstruct or interrupt the
proceedings before the same or of refusal to be sworn or to answer as a
witness or to subscribe an affidavit or deposition when lawfully
required to do so. The person found guilty of direct contempt under this
section shall be punished by a fine not exceeding Fifty (P50.00) Pesos
or imprisonment not exceeding five (5) days, or both.


(b) Indirect contempt. The officer or officers
designated to hear the complaint may also adjudge any person in indirect
contempt on grounds and in the manner prescribed in Rule 71 of the
Revised Rules of Court.


Section 15. Decision. The case shall be
decided within thirty (30) days from the time the same is submitted for
decision. The Decision may order the revocation of the registration of
the subdivision or condominium project, the suspension, cancellation, or
revocation of the license to sell and/or forfeiture, in whole or in
part, of the performance bond mentioned in Section 6 hereof. In case
forfeiture of the bond is ordered, the Decision may direct the
provincial or city engineer to undertake or cause the construction of
roads and of other requirements for the subdivision or condominium as
stipulated in the bond, chargeable to the amount forfeited. Such
decision shall be immediately executory and shall become final after the
lapse of 15 days from the date of receipt of the Decision.


Section 16. Cease and Desist Order.
Whenever it shall appear to the Authority that any person is engaged or
about to engage in any act or practice which constitutes or will
constitute a violation of the provisions of this Decree, or of any rule
or regulation thereunder, it may, upon due notice and hearing as
provided in Section 13 hereof, issue a cease and desist order to enjoin
such act or practices.





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PD 957 Title IV PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE

PD 957 Title IV PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE

Elddie Benigay