In the Philippine real estate landscape, the "Deed of Absolute Sale" (DOAS) is the holy grail for a homebuyer. It is the document that signifies the transfer of ownership from the developer to the buyer after full payment. However, it is a common grievance for buyers to find themselves in a lurch—having paid every centavo, yet facing a developer who refuses or indefinitely delays the issuance of this vital document.

Under Philippine law, specifically Presidential Decree No. 957 (The Subdivision and Condominium Buyers' Protective Decree) and the Civil Code, buyers are not helpless.

1. The Right to a Deed of Sale

Upon full payment of the purchase price, a buyer has a demandable right to the execution of a Deed of Absolute Sale. This is not a mere courtesy; it is a contractual and legal obligation.

P.D. 957, Section 25: Explicitly states that the owner or developer shall deliver the title to the buyer upon full payment of the lot or unit.
Civil Code, Article 1458: Defines a contract of sale where the seller obligates himself to transfer ownership and deliver a determinate thing.

2. Preliminary Step: The Formal Demand

Before rushing to court, a buyer must establish "mora" or legal delay.

Demand Letter: Send a formal, notarized demand letter via registered mail (with return card). This letter should state that the purchase price has been paid in full and demand the issuance of the DOAS within a specific timeframe (usually 15 to 30 days).
Purpose: This serves as evidence that the developer was given the opportunity to comply and failed to do so.

3. Administrative Remedy: Filing with the DHSUD

The Department of Human Settlements and Urban Development (DHSUD), formerly the HLURB, has quasi-judicial jurisdiction over cases involving real estate developers.

Action for Specific Performance: You can file a verified complaint for "Specific Performance." This asks the DHSUD to order the developer to execute the DOAS and deliver the title.
Grounds: Non-delivery of title or refusal to execute the sale document despite full payment.
Damages: In the same complaint, you can pray for moral damages, exemplary damages, and attorney’s fees due to the developer's bad faith or negligence.

4. Judicial Remedy: Action for Specific Performance

If the case involves complexities beyond the administrative scope of the DHSUD, or if you are seeking a court order for the Clerk of Court to sign the deed on behalf of a recalcitrant developer, a civil case for Specific Performance is filed in the Regional Trial Court (RTC).

Note: Generally, P.D. 957 cases must first go through the DHSUD due to the doctrine of primary jurisdiction.

5. The "Withholding of Payment" Strategy

If the developer refuses to issue the deed because they haven't finished the project (e.g., roads are incomplete or the unit is substandard), the buyer has a unique right under Section 23 of P.D. 957:

The buyer may desist from further payment after due notice to the developer.
The developer cannot forfeit the previous payments or cancel the contract because of this desistance, provided the reason is the developer's failure to complete the project or comply with obligations.

6. Criminal Liability

Developers who violate the provisions of P.D. 957 (such as failing to deliver the title/deed after full payment) may be held criminally liable.

Section 39 of P.D. 957: Imposes penalties including fines and/or imprisonment (not exceeding ten years) for violations of the decree. This can be used as leverage during negotiations.

7. Common Excuses and How to Counter Them

Developer's Excuse	Legal Reality
"The Title is still being processed/subdivided."	Under P.D. 957, the developer should have a "License to Sell" and must be able to deliver the title upon full payment.
"The Mother Title is mortgaged."	Section 18 of P.D. 957 prohibits developers from mortgaging the property without prior written approval from the DHSUD and ensuring the buyer's rights are protected.
"You need to pay additional 'miscellaneous fees' first."	If these fees were not in the original Contract to Sell, the developer cannot unilaterally add them as a condition for the DOAS.

Summary of Procedure for the Buyer

Audit Payments: Gather all official receipts to prove 100% payment (including interests and taxes).
Verify Title: Check with the Registry of Deeds (RD) if the individual title for your lot/unit already exists.
Formal Demand: Send the letter.
Mediation: Participate in DHSUD mandatory mediation.
Litigation: If mediation fails, proceed with the filing of the Position Paper for a Decision.