G.R. No. 174584
January 20, 2010
This case is about the power of courts to hear criminal violations of the law that protects subdivision buyers against developers selling lots before they are issued licenses to sell and the effect of the subsequent issuance of such licenses to sales that land developers make before the issuance of their licenses.
2. Whether or not HLURB’s subsequent issuance to Moldex of a license to sell extinguished respondents Uy,et al.’s criminal liability for selling subdivision lots prior to the issuance of such license.
Ruling. P.D. 957 has been enacted to regulate for the public good the sale of subdivision lots and condominiums. Its Section 5 prohibits such sale without the prior issuance of an HLURB license and punishes those who engage in such selling. The crime is regarded as malum prohibitum since P.D. 957 is a special law designed to protect the welfare of society and ensure the carrying on of the purposes of civil life. It is the commission of that act as defined by law, not its character or effect that determines whether or not its provision has been violated. Malice or criminal intent is immaterial in such crime. In crimes that are mala prohibita, the forbidden acts might not be inherently immoral. Still they are punished because the law says they are forbidden. With these crimes, the sole issue is whether the law has been violated
Since the Information in this case sufficiently alleged that Moldex sold a subdivision lot when it did not yet have a license to do so, the crime was done. Assuming the allegations to be true, the subsequent issuance of the license and the invocation of good faith cannot reach back to erase the offense and extinguish respondents Uy, et al.’s criminal liability.
In ruling that respondents’ criminal liability has been extinguished, the CA relied on Co Chien v. Sta. Lucia Realty and Development, Inc. 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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