What the Maceda Law Covers
Understand which real estate transactions are covered by RA 6552 (Maceda Law), what is excluded, and how this law connects to PD 957. Learn the policy behind installment buyer protection.
Policy: Protecting Installment Buyers
“It is hereby declared a public policy to protect buyers of real estate on installment payments against onerous and oppressive conditions.”
What This Means
The Maceda Law was enacted in 1972 to address a common problem: developers and sellers imposing harsh forfeiture clauses on installment buyers. Before this law, a buyer who paid years of installments could lose everything by missing a few payments. The law declares it public policy to prevent "onerous and oppressive conditions". meaning any contract terms that unfairly penalize buyers who default on installment payments.
- Enacted in 1972 to protect installment buyers from unfair forfeiture
- Targets "onerous and oppressive conditions" in sale contracts
- Applies specifically to real estate bought on installment
- Overrides any contrary contract stipulations (Section 7)
- Works alongside PD 957 which covers subdivision/condo buyer protections
Real-World Scenario
A Contract to Sell states: "If the buyer misses three consecutive monthly payments, ALL prior payments shall be automatically forfeited in favor of the seller, and the contract is deemed cancelled without need for notice."
Is this forfeiture clause enforceable under the Maceda Law?
Covered Transactions
“In all transactions or contracts involving the sale or financing of real estate on installment payments, including residential condominium apartments but excluding industrial lots, commercial buildings and sales to tenants under Republic Act Numbered Thirty-eight hundred forty-four, as amended by Republic Act Numbered Sixty-three hundred eighty-nine, where the buyer has paid at least two years of installments, the buyer is entitled to the following rights in case he defaults in the payment of succeeding installments:”
What This Means
The Maceda Law covers ALL sales or financing of real estate on installment. this includes residential lots, houses, and condominium apartments. However, it explicitly excludes three categories: industrial lots, commercial buildings, and sales to tenants under agrarian reform laws. The key trigger is "installment payments". if you buy real estate with a lump sum (cash), the Maceda Law does not apply.
- Covers: residential lots, houses, residential condominium apartments
- Covers: any "sale or financing" on installment. includes bank-financed purchases
- Excludes: industrial lots (factory sites, warehouses)
- Excludes: commercial buildings (offices, retail spaces)
- Excludes: sales to tenants under agrarian reform (RA 3844/RA 6389)
Real-World Scenario
A buyer purchases a residential condominium unit on a 5-year installment plan from a developer. After 3 years of payments, she also buys a commercial office unit in the same building on a similar installment plan. She defaults on both.
Does the Maceda Law protect her on both purchases?
Down Payments Count Toward the Two-Year Threshold
“Down payments, deposits or options on the contract shall be included in the computation of the total number of installment payments made.”
What This Means
This provision prevents sellers from structuring deals to keep buyers below the 2-year threshold. Down payments, reservation deposits, and option money are ALL counted when computing whether the buyer has reached 2 years of installment payments. This is important because the 2-year mark triggers significantly stronger protections (longer grace periods and refund rights).
- Down payments count toward the 2-year threshold
- Deposits (including reservation fees) are included
- Option money counts as well
- Prevents sellers from structuring deals to avoid the 2-year mark
- All amounts paid toward the purchase. in any form. are counted
Real-World Scenario
A buyer paid a P200,000 reservation fee in January 2023, a P500,000 down payment in March 2023, and then started monthly installments of P25,000 in April 2023. By December 2024 (21 months of monthly installments), the seller says the buyer has "less than 2 years" of installments and applies the weaker Section 4 protections.
Is the seller correct that the buyer has less than 2 years?
Frequently Asked Questions
Does the Maceda Law apply to commercial property purchases?
No. Section 3 of RA 6552 explicitly excludes "industrial lots, commercial buildings." The Maceda Law only covers residential real estate purchases on installment, including residential condominium apartments.
Does the Maceda Law apply if I bought the property with a bank loan?
Yes. Section 3 covers "all transactions or contracts involving the sale or financing of real estate on installment payments." The word "financing" means bank-financed purchases on installment are covered, not just direct seller financing.
Do reservation fees and down payments count toward the 2-year installment period?
Yes. Section 3 explicitly states that "down payments, deposits or options on the contract shall be included in the computation of the total number of installment payments made." All amounts paid toward the purchase count.