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The Maceda Law, RA 6552: what a buyer on installments keeps

Republic Act 6552 of 1972, the Realty Installment Buyer Act, is known as the Maceda Law. It protects someone buying real estate on installments who falls behind: how long they have to catch up, what they get back if the seller cancels, and how the seller must cancel. It is nine short sections. Each row below carries the section it comes from.

The Maceda Law, section by section

Each row gives the point, the rule in short, and the section it comes from.

Who it protects

PointIn shortSource and condition
A sale or financing of real estate on installmentscoveredSection 3: including residential condominium apartments
Industrial lots, commercial buildings, and sales to tenants under the land reform codenot coveredSection 3: excluded, with sales to tenants under RA 3844 as amended by RA 6389
Down payments, deposits and optionscount as installmentsSection 3: included in computing the total number of installment payments made

Paid at least two years of installments

PointIn shortSource and condition
Grace period to catch upone month per year paidSection 3(a): pay the unpaid installments without additional interest within the grace period earned; usable once in every five years of the contract and its extensions
Refund if the contract is cancelledhalf of the total paymentsSection 3(b): the cash surrender value, rising by 5 percent a year after five years of installments, to 90 percent at most
When cancellation actually takes effect30 days after notice, and after the refund is paidSection 3(b): 30 days from the buyer's receipt of a notice of cancellation or demand for rescission by notarial act, and upon full payment of the cash surrender value

Paid less than two years

PointIn shortSource and condition
Grace periodat least 60 daysSection 4: from the date the installment fell due
Cancellation30 days after noticeSection 4: if the buyer has not paid by the end of the grace period, the seller may cancel 30 days after the buyer receives a notice by notarial act. The Act provides no refund in this case

Rights in every case

PointIn shortSource and condition
Selling or assigning your rightsallowedSection 5: to another person, by notarial act, during the grace period and before actual cancellation
Reinstating the contractby updating the accountSection 5: during the grace period and before actual cancellation
Paying early or in fullwithout interestSection 6: any installment or the whole unpaid balance, at any time, with full payment annotated on the certificate of title
A contract clause that takes these rights awayvoidSection 7: any stipulation contrary to Sections 3, 4, 5 and 6 is null and void

Maceda Law refund and grace period, by years paid

The table is our arithmetic on Section 3, reading "after five years of installments, an additional five per cent every year" as one more step for each full year paid after the fifth. The refund is a share of the total payments made; Section 3 also counts down payments, deposits and options in the number of installments paid.

Installments paidGrace periodRefund if cancelled, share of total payments
1 yearat least 60 daysnone under the Act
2 years2 months50 percent
5 years5 months50 percent
6 years6 months55 percent
8 years8 months65 percent
10 years10 months75 percent
13 years13 months90 percent
15 years15 months90 percent
Maceda Law refund by years of installments paid, drawn from the table above A bar chart. After one year of installments there is no refund under the Act. From two to five years the refund is half of total payments, then it rises by 5 percent for each full year after the fifth: 55 percent at six years, 65 at eight, 75 at ten, and 90 at thirteen, where it stops. At fifteen years it is still 90. refund, share of total payments none50%50%55%65%75%90%90% 12568101315 years of installments paid
The table's rows, bar heights to scale, on this page's reading of Section 3: nothing under the Act after one year, half of total payments from two years, and five percent more for each full year after the fifth, up to the 90 percent cap.

The grace period after two years can be used only once in every five years of the life of the contract and its extensions, so the grace period in any row is available only if it has not already been used in that five-year span. The table uses whole years; the Act says nothing about part years. The refund reaches its cap of 90 percent after thirteen years of installments.

What it means when you buy a house or lot on installments

  • Keep every receipt. The grace period and the refund are both counted from what you have paid, and Section 3 counts the down payment and deposits toward the years paid.
  • A cancellation has a form. It needs a notice by notarial act (Sections 3(b) and 4) and, after two years of installments, the refund paid in full before it takes effect (Section 3(b)). An unnotarised letter or a text message is not that. If you have received a notice of cancellation, have a lawyer read it and the contract.
  • Buying from a developer. PD 957 sends a buyer who defaults to this Act and adds its own rights, such as stopping payment, after notice, when the developer fails to develop the project as approved; the PD 957 guide covers them, and the RA 11201 guide covers where a refund claim against a developer is heard.
  • Before you sign. Our consultation for future home buyers looks at the lot or house itself, its size, orientation and what the zoning allows, before the first installment is paid.

What this page does not cover

  • Court rulings on the Act. How courts have applied it to particular contracts is outside this page, which reads the Act alone.
  • Bank and Pag-IBIG loans. Section 3 names financing as well as sale. How it applies to a bank or Pag-IBIG housing loan is outside this page, which reads the Act alone; see a lawyer before you stop paying a lender.
  • Amounts. The refund is a share of what you paid; this page does not compute a figure for any contract.

Source: Republic Act No. 6552, the Realty Installment Buyer Act, as published by the Lawphil Project.

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