KVP Cabahug; Amigo-Escobar & Partners Law Office

KVP Cabahug; Amigo-Escobar & Partners Law Office Real Estate and Property | HSAC | Business and Corporation Law | Civil and Criminal Litigation | Immigration | Compliance and Regulatory
📍 Cebu | Manila
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LEGAL AND HR: KVP Law conducted a client discussion and consultation concerning the client’s business operations in the ...
09/09/2026

LEGAL AND HR: KVP Law conducted a client discussion and consultation concerning the client’s business operations in the Philippines. The Firm provides legal support to help ensure that the company’s operations, policies, and business practices remain compliant with applicable Philippine laws and regulations.

KVP Law also handles and advises on the company’s legal and human resources matters, including contracts, employment concerns, internal policies, regulatory compliance, and other corporate legal requirements.








REAL ESTATE x LAW x PROPERTY MANAGEMENT: Atty. Karina KVP Cabahug in a discussion and consultation involving property ma...
08/09/2026

REAL ESTATE x LAW x PROPERTY MANAGEMENT: Atty. Karina KVP Cabahug in a discussion and consultation involving property management, acquisition, and expansion with a client who is based abroad but regularly returns to the Philippines to check her properties, assets, and investments.

This time, the client wants to put the proper structure in place ensuring that her properties are protected, productive and income-generating, professionally managed, and at the same time legally compliant even while she is overseas.

This is particularly timely and relevant as Atty. KVP Cabahug recently obtained her Certificate in Property Management and Administration, further professionalizing her approach to the technical and administrative aspects of managing vast property holdings and multiple assets.









OFFICE ADVISORYKVP Law will have no office operations on September 9, 2026, in observance of Osmeña Day.Regular operatio...
08/09/2026

OFFICE ADVISORY

KVP Law will have no office operations on September 9, 2026, in observance of Osmeña Day.

Regular operations will resume on the next working day. Thank you for your understanding.





IMMIGRATION MATTER | KVP LAW OFFICEKVP Law Office attended to a client matter today before the Bureau of Immigration.The...
07/09/2026

IMMIGRATION MATTER | KVP LAW OFFICE

KVP Law Office attended to a client matter today before the Bureau of Immigration.

The Firm provided legal assistance and representation in connection with the applicable immigration procedures and requirements.

Client confidentiality and privileged information are strictly observed.





Another Day, Another Hearing. Atty. Karina KVP Cabahug, Head of Corporate and Real Estate, together with Atty. Rodmarc S...
07/09/2026

Another Day, Another Hearing.

Atty. Karina KVP Cabahug, Head of Corporate and Real Estate, together with Atty. Rodmarc Sanchez, Head of Litigation, appeared before the Cebu City Court for a property related case involving real estate, construction, contractual obligations, and other legal rights and interests of the parties.

The Firm continues to actively represent and protect its clients’ interests through every stage of the legal process.














DELAYED TURNOVER OF YOUR CONDO: CAN YOU CANCEL AND GET A REFUND?Imagine this You purchased a condominium unit on pre-sel...
03/09/2026

DELAYED TURNOVER OF YOUR CONDO: CAN YOU CANCEL AND GET A REFUND?

Imagine this You purchased a condominium unit on pre-selling terms. The developer represented that the project would be completed and your unit turned over on a specified date.

You faithfully paid your installments. But the promised turnover date came and went and years later, the unit still has not been delivered.

Can you cancel and demand your money back?

Potentially, YES depending on the status, condition and other factors.

Under Section 23 of Presidential Decree No. 957 (PD 957), a buyer may suspend installment payments when the developer fails to develop the condominium project according to the approved plans and within the required period. If the buyer chooses to desist from further payment because of the developer’s failure to develop the project, the buyer may be entitled to reimbursement of the total amount paid, subject to the conditions provided by law.

This is materially different from a situation where the buyer simply changes their mind or can no longer afford the property. The legal consequences of cancellation caused by a developer’s non-compliance may differ substantially from voluntary cancellation by the buyer.

Situational Example:

Juan purchased a pre-selling condominium unit and was promised turnover in 2020. He consistently paid the required installments, but by 2026, the project remained substantially unfinished and the unit had not been delivered.

Juan eventually decides that he can no longer wait.

The developer cannot automatically treat Juan’s cancellation as an ordinary buyer-initiated cancellation and simply apply contractual forfeiture provisions. If the cancellation is attributable to the developer’s failure to develop or deliver as legally and contractually required, Juan may invoke PD 957 and pursue the appropriate relief, including a claim for refund, depending on the evidence and circumstances.

Disputes involving subdivision and condominium buyers may fall within the jurisdiction of the Human Settlements Adjudication Commission (HSAC).

Delayed turnover is not always just a delay. It may give rise to enforceable rights and remedies.

Before accepting a developer’s refund computation, forfeiture, restructuring, or alternative-unit offer, have your Contract to Sell, payment records, promised turnover date, License to Sell, advertisements, and communications with the developer properly reviewed by a property lawyer

This post is for general legal information only and does not constitute legal advice. The availability and extent of a refund depend on the particular facts, contractual provisions, evidence, and applicable law in each case








Another HSAC Case Filed by KVP LawKVP Law has filed another case before the Human Settlements Adjudication Commission (H...
03/09/2026

Another HSAC Case Filed by KVP Law

KVP Law has filed another case before the Human Settlements Adjudication Commission (HSAC) involving a real estate development that has remained undelivered for nearly a decade.

Despite the considerable passage of time and the buyer’s compliance with contractual obligations, the developer allegedly failed to complete the development and turn over the property as undertaken.

For property buyers, prolonged delays are not simply matters of inconvenience. Depending on the circumstances, failure to develop or deliver a property in accordance with the representations, contractual commitments, and legally prescribed periods may give rise to remedies under Presidential Decree No. 957 (Subdivision and Condominium Buyers’ Protective Decree) and other applicable laws.

Disclaimer: Case details and identifying information have been intentionally withheld to preserve client confidentiality. Filing of a case does not constitute a determination of liability; the allegations remain subject to the proceedings and evidence before the proper tribunal.








CLIENT DISCUSSION PROPERTY & RELATED LEGAL MATTERSKVP Law Office, through Atty. KVP, recently attended to clients concer...
02/09/2026

CLIENT DISCUSSION PROPERTY & RELATED LEGAL MATTERS

KVP Law Office, through Atty. KVP, recently attended to clients concerning property and other related legal matters.

The clients voluntarily sought the Firm’s assistance after previously engaging another legal office. The meeting involved a discussion of the circumstances surrounding their concerns, review of the relevant documents, and drafting of the necessary legal documents in connection with the matters presented.

The discussion likewise covered the legal implications of the clients’ circumstances and the appropriate steps moving forward.

Client identities and specific details are withheld in observance of attorney-client confidentiality.








“SANDALI LANG AKO!” BUT YOU’RE BLOCKING SOMEONE’S DRIVEWAY. IS THAT ILLEGAL?Yes. Even if you stay inside the vehicle, ev...
01/09/2026

“SANDALI LANG AKO!” BUT YOU’RE BLOCKING SOMEONE’S DRIVEWAY. IS THAT ILLEGAL?

Yes. Even if you stay inside the vehicle, even if your hazard lights are on, and even if you intend to leave after only a few minutes, you cannot simply block a private driveway.

Under Section 46(f) of Republic Act No. 4136, otherwise known as the Land Transportation and Traffic Code, a driver shall not park a vehicle or permit it to stand, whether attended or unattended, upon a highway “in front of a private driveway.”

This distinction is important: the law does not merely say that you cannot leave your vehicle there. It expressly covers allowing the vehicle “to stand” and applies whether the vehicle is attended or unattended.

SITUATIONAL EXAMPLE

You arrive at a residential subdivision and see an open space directly in front of someone’s gate.

You tell yourself:

“Five minutes lang. Naa ra man ko sa sakyanan. If mugawas ang tag-iya, ibalhin ra nako.”

But while you are waiting, the homeowner arrives and cannot enter the property because your vehicle is blocking the driveway.

“I was only there for five minutes” is not, by itself, an exemption under Section 46.

The same provision also prohibits parking in several other specified locations, including within an intersection, on a crosswalk, within the prescribed distance from intersections and fire hydrants, on the roadway side of another vehicle parked at the curb (double parking), and where official NO PARKING signs have been erected.

“BUT THE ROAD IN FRONT OF THE HOUSE IS PUBLIC!”

That does not mean every portion of a public road is automatically available for parking.

A homeowner generally does not acquire ownership over the public road simply because it fronts the property. But motorists likewise do not acquire an unrestricted right to park anywhere on that road. RA 4136 itself imposes restrictions including the express prohibition against parking or allowing a vehicle to stand in front of a private driveway.

So the issue is not:

“Who owns the road?”

The proper question is:

“Is parking legally permitted at that particular location?”

If it is directly in front of a private driveway, Section 46 says no.

Local traffic and parking ordinances may also impose additional restrictions, enforcement procedures, towing rules, and current administrative penalties depending on the city or municipality.

LEGAL REMINDER: Being inside the vehicle, turning on your hazard lights, or saying “sandali lang” does not automatically convert a prohibited parking location into a legal one.

Know the law before you park. A few minutes of convenience should not become someone else’s obstruction.

This post is for general legal information and educational purposes only and does not constitute legal advice for any specific incident.

29/08/2026

REAL ESTATE LEGAL DISCUSSION: CAN YOU SUBDIVIDE LAND AND IMMEDIATELY SELL THE LOTS?

Owning a parcel of land does not automatically mean that an owner may subdivide it into several lots, advertise them, accept reservations, and sell them to the public without complying with regulatory requirements.

Under Section 5 of Presidential Decree No. 957, subdivision projects covered by the decree must be registered with the proper housing regulatory authority.

More importantly, Section 4, in relation to Section 5 of P.D. 957, regulates subdivision projects offered for sale to the public, while Section 7 requires the issuance of a License to Sell (LTS) before the registered owner or dealer may sell subdivision lots or condominium units in a registered project.

The law was enacted primarily to protect buyers from fraudulent or unscrupulous subdivision and condominium practices.

Selling without the required registration and License to Sell may therefore expose the responsible developer, owner, dealer, broker, or salesperson to regulatory consequences under P.D. 957, depending on the circumstances.

SITUATIONAL EXAMPLE: Mr. X owns a 5-hectare property. He decides to divide the property into 100 residential lots, constructs internal roads, markets the project on social media, and begins accepting:

• Php20,000 reservation fees
• monthly equity payments
• down payments from prospective buyers

Mr. X tells buyers:

“The License to Sell is still being processed, but you can already reserve your lot.”

Is this automatically permissible simply because Mr. X owns the mother title?

NO.

Ownership of the land is different from regulatory authority to develop and sell a subdivision project. If the project falls within P.D. 957, the developer cannot simply rely on ownership of the property or tell buyers that the LTS will be secured later.

WHAT SHOULD BUYERS CHECK?

Before paying substantial amounts for a subdivision lot, buyers should verify the specific project, its approved plans, developer, and the applicable Certificate of Registration and License to Sell with the appropriate government authority.

A particularly important red flag is when a seller presents an LTS but the document actually pertains to another phase, project, location, or development. An LTS for Project A does not automatically authorize the sale of lots in Project B.

KVPRO REMINDER

Before buying a subdivided lot, don’t check only the title. Check whether the project itself is legally authorized to be sold.

A low price, attractive payment terms, or the promise that “permits are already being processed” should never replace proper due diligence.

For general legal and real estate information only. The requirement for an LTS and the remedies available depend on the nature of the project and the particular circumstances of each transaction.

For more information, visit KVP Cabahug; Amigo-Escobar & Partners Law Office

Address

The Regency Crest, Paseo Saturnino, Maria Luisa Road, Banilad Cebu City, Philippines
Cebu City
6000

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