Grace Period Rights (2+ Years Paid)
Master the Maceda Law grace period formula for buyers who have paid at least two years of installments. Learn how the grace period is calculated and the once-every-five-years limitation.
The Grace Period Formula
“To pay, without additional interest, the unpaid installments due within the total grace period earned by him which is hereby fixed at the rate of one month grace period for every one year of installment payments made: Provided, That this right shall be exercised by the buyer only once in every five years of the life of the contract and its extensions, if any.”
What This Means
The formula is straightforward: for every year of installments paid, the buyer earns one month of grace period. Paid 2 years? You get 2 months to catch up. Paid 5 years? You get 5 months. During this grace period, the buyer can pay ALL unpaid installments without any additional interest or penalties. However, this right can only be used once every 5 years of the contract. it is not an unlimited safety net.
- Formula: 1 month grace period for every 1 year of installments paid
- Example: 3 years paid = 3 months grace period
- During grace period, buyer pays unpaid installments WITHOUT additional interest
- This right can only be exercised ONCE every 5 years
- Down payments and deposits count toward "years of installments paid"
Real-World Scenario
Carlo has been paying monthly installments on a subdivision lot for 4 years and 8 months. He loses his job and misses 2 months of payments. The developer sends a notice demanding he pay the arrears plus 3% monthly penalty interest, or face cancellation.
What are Carlo's rights under the Maceda Law?
The Once-Every-Five-Years Rule
“Provided, That this right shall be exercised by the buyer only once in every five years of the life of the contract and its extensions, if any.”
What This Means
The grace period right is not unlimited. A buyer can only invoke it once in every 5-year period of the contract. This prevents buyers from habitually defaulting and relying on the grace period repeatedly. If a buyer uses the grace period in Year 3, they cannot use it again until Year 8. The "life of the contract and its extensions" means that if the contract is extended, the 5-year cycle continues counting from the original start.
- Grace period right can only be used ONCE per 5-year period
- If used in Year 3, next available use is Year 8
- Applies to the "life of the contract and its extensions"
- Contract extensions do not reset the 5-year cycle
- After using the grace period, the buyer must stay current for the remainder of the 5-year window
Real-World Scenario
Lorna has a 10-year installment contract that started in 2020. She defaulted and used her Maceda Law grace period in 2023 (Year 3). Now in 2025 (Year 5), she defaults again and wants to invoke the grace period a second time.
Can Lorna use the grace period again in 2025?
No Additional Interest During Grace Period
“To pay, without additional interest, the unpaid installments due within the total grace period earned by him”
What This Means
The "without additional interest" provision is critical. During the grace period, the buyer only needs to pay the face value of the missed installments. no late fees, no penalty interest, no surcharges. This prevents sellers from using default penalties to make it impossible for buyers to catch up. The buyer pays exactly what they would have paid if they had been on time.
- Buyer pays ONLY the face value of missed installments during grace period
- No late fees, penalty interest, or surcharges can be imposed
- Seller cannot add "administrative fees" or "processing charges" for the default
- Any contrary stipulation in the contract is void under Section 7
- This protection makes it practically possible for the buyer to cure the default
Real-World Scenario
A buyer with 6 years of payments misses 3 months of installments (P20,000/month). The developer sends a statement: "Arrears: P60,000 + P9,000 penalty interest (5%/month) + P5,000 administrative fee = P74,000 due immediately."
How much does the buyer actually owe under the Maceda Law?
Frequently Asked Questions
How do I calculate my Maceda Law grace period?
The formula is 1 month of grace period for every 1 year of installment payments made (Section 3(a)). Count all down payments, deposits, and monthly installments. If you've paid for 3 years and 4 months, you get 3 months of grace period (only full years count).
Can the developer charge me late fees during the Maceda Law grace period?
No. Section 3(a) explicitly states you can pay "without additional interest" during the grace period. No late fees, penalty interest, or surcharges can be imposed. Any contract clause to the contrary is void under Section 7.
How often can I use the Maceda Law grace period?
Only once every 5 years of the contract life. If you use it in Year 2, you cannot use it again until Year 7. This prevents habitual defaults while still protecting buyers from occasional financial difficulties.