A. Legal and Regulatory Framework
A.1 Legal and Regulatory Framework
| Variable | End of 2018 | End of 2017 | End of 2016 | Sources | Var ID |
|---|---|---|---|---|---|
| Basis of the legal system: Civil, Common, Islamic, Other? (Describe) | Blend of common law and civil law | Blend of common law and civil law | Blend of common law and civil law | A.1.1 | |
| Are there specific laws that deal with mortgages? | Yes | Yes | Yes | A.1.2 | |
| Registration/Transfer of titles: | A.1.3 | ||||
| Does the law clearly define different types of property rights? | Yes | Yes | Yes | Country Editor | A.1.3.1 |
| Are property rights easily transferable? | Yes | Yes | Yes | Country Editor | A.1.3.2 |
| Identify barriers to the registration/ transfer of property title. | Not available | Red Tape/Strict Documentation/ Administrative inefficiency and costs | Red Tape/Strict Documentation/ Administrative inefficiency and costs | Country's Editor | A.1.3.3 |
| Typical number of days needed for the transfer of title | 35 | 35 | 35 | WDI | A.1.3.4 |
| Can liens be effectively enforced? | Yes | Yes | Yes | Country Editor | A.1.4 |
| Number of months until lender acquires the property in case of foreclosure on a single-family residential property? | 1-24 Months | 1-24 Months | 1-24 Months | Country Editor | A.1.4.1 |
| Cost of foreclosure process as a percentage of the value of a typical loan? | 10% | 10% | 10% | Country Editor | A.1.4.2 |
| Main causes of inefficiencies (legal, judiciary, administrative, cultural, etc.) | Legal constraints/ claims/other liens/court processes | Legal constraints/ claims/other liens/court processes | Legal constraints/ claims/other liens/court processes | Country Editor | A.1.4.3 |
| Are there legal constraints on the types of mortgage products that are permitted? | Yes | Yes | Yes | Country Editor | A.1.5 |
| Are there legal constraints on mortgage features? | Yes | Yes | Yes | Country Editor | A.1.6 |
| Interest rate caps | No | No | No | Country Editor | A.1.6.1 |
| Loan-to-Value cap | No | No | No | Country Editor | A.1.6.2 |
| Payment-to-Income maximum | No | No | No | Country Editor | A.1.6.3 |
| Other | Yes - Other liens/claims (third party claims) | Yes - Other liens/claims (third party claims) | Yes - Other liens/claims (third party claims) | Country Editor | A.1.6.4 |
| Are there consumer rights for mortgage lending? | Yes | Yes | Yes | RA 3765 | A.1.7 |
| Are there disclosure requirements for mortgage lending? | Yes | Yes | Yes | RA 3765 | A.1.8 |
| Is there specialized legislation covering: | A.1.9 | ||||
| Issuance of covered mortgage bonds | Yes | Yes | Yes | RA 8799 | A.1.9.1 |
| Issuance of RMBS | Yes | Yes | Yes | RA 8799 | A.1.9.2 |
B. Housing Finance Subsidies
B.1 Subsidies to Housing Finance Institutions
| Variable | End of 2018 | End of 2017 | End of 2016 | Sources | Var ID |
|---|---|---|---|---|---|
| Are there subsidized funding sources for mortgage lenders? | Yes | Yes | Yes | Research | B.1.1 |
| Labor or other tax funds for mortgage lending | Yes | Pag-IBIG Fund | B.1.1.3 | ||
| Loss and/or cash flow guarantees for RMBS | Yes | Home Guaranty Corporation | B.1.1.5 | ||
| Other | Yes | Yes | Yes | Home Guaranty Corporation | B.1.1.6 |
| Is the lending side of the housing finance system subsidized? | Yes | Yes | Yes | Research | B.1.2 |
| Shared credit risk through public/private mortgage insurance | Yes | Yes | Yes | Home Guaranty Corporation | B.1.2.1 |
| Guarantees for mortgage loans | Yes | Yes | Yes | Home Guaranty Corporation | B.1.2.2 |
B.2 Subsidies to Households
| Variable | End of 2018 | End of 2017 | End of 2016 | Sources | Var ID |
|---|---|---|---|---|---|
| Are there subsidies to households on housing finance? | Yes | Yes | Yes | Country Editor | B.2.1 |
| Interest rate subsidies by special government funds | Yes | Yes | Yes | Country Editor | B.2.1.1 |
| Buy-down of monthly/interest payments | Yes | Yes | Yes | Country Editor | B.2.1.2 |
| Down-payment subsidies | No | No | No | Country Editor | B.2.1.3 |
| Subsidies to savings for mortgage loans | No | No | No | Country Editor | B.2.1.4 |
| Mortgage interest deductibility from income tax | No | No | No | Country Editor | B.2.1.5 |
| Other | Yes | Yes | Pag-IBIG Fund | B.2.1.6 | |
| Reach of subsidies in 2.1.1 to 2.1.4 ? | B.2.2 | ||||
| What is the highest income decile targeted? | Not available | Not available | 7 decile | B.2.2.1 | |
| What is the lowest income decile targeted? | Not available | Not available | 1 decile | B.2.2.2 | |
C. Taxation
| Variable | End of 2018 | End of 2017 | End of 2016 | Sources | Var ID |
|---|---|---|---|---|---|
| What taxes apply to Residential Real Estate? | C.1 | ||||
| Tax on property (home-owners) | Yes | Yes | Yes | RA 7160 | C.1.1 |
| Property transaction taxes (purchase/selling) | Yes | Yes | Yes | National Internal Revenue Code of the Philippines, SEC. 196 | C.1.2 |
| Mortgage transaction taxes | Yes | Yes | Yes | National Internal Revenue Code of the Philippines, SEC. 195 | C.1.3 |
| Tax on mortgage interest pmts | No | No | No | National Internal Revenue Code of the Philippines | C.1.4 |
| Tax on capital gains on property | Yes | Yes | Yes | National Internal Revenue Code of the Philippines, SEC. 24.D | C.1.5 |
| Other | Yes | Yes | C.1.6 | ||
| Are there tax benefits on rental properties? | No | No | No | PwC | C.2 |