REPUBTIC OF THE PHII.IPPINES
HUMAN SETTLEMENTS ADJUDICATION COMMISSION
Komisgon sa Adhudikasyon para
sa.
Pananahanang Pantao
?o19
EN BAT{C RESOLUTION NO. 8
Series of zoer
PROMULGATING THE RULES OF PROCEDURE OF THE
HUMAN SETTLEMENTS ADJUDICATION COMMISSION
PURSUANT TO Section 17 (a) of Republic Act No. LL2IL, otherwise
known as the "Department of Human Settlements and Urban
Development Act," the Human Settlements Adjudication Commission
hereby adopts and promulgates the following Rules of Procedure:
PART I
COMMON PROVISIONS
Rule r
TTTLE, COVERAGE, AI\ID CONSTRUCTTON
Section r. Title.- These Rules shall be known
as the Rules of Procedure
of the Human Settlements Adjudication Commission (HSAC), hereinafter
referred to as the "Rules."
Section z. Couerage.- These Rules shall govern the proceedings before
the HSAC, and shall apply to the following disputes or controversies:
(a)
Cases involving subdivisions, condominiums, memorial parks, and
similar real estate developments:
(r)
Actions concerning unsound real estate business practices filed
by buyers or homeowners against the project owner or
developer, which cause prejudice to the buyers, or which are
committed with bad faith and in disregard of the buyers' rights;
(z)
Claims for refund, and other claims filed by a subdivision lot or
condominium unit buyer against the project owner, developer,
dealer, broker or salesm an: Prouided, That when the cause of
action arises from the buyer's rights under Section 2g of
Presidential Decree No. 957 and the purchase price of the
property is paid through a housing loan from a bank or other
financing institutions, the latter shall be impleaded as necessary
PATV;
(s)
Cases involving specific performance of contractual and
statutory obligations arising from the sale of the lot or unit and
development of the subdivision or condominium project;
(+)
Disputes involving the open spaces or common areas and their
use filed by the project owner or developer or the duly registered
homeowners association (HOA), including the eviction of illegal
occupants therein, in accordance with the requirements of law,
and the rules and regulations promulgated by duly constituted
authorities;
G)
Suits to declare subdivision, condominium or other real estate
the
developments within the regulatory jurisdiction
Department of Human Settlements and Urban Development
(DHSUD) as abandoned, as defined under Section 3 of Republic
Act No. 11201 for the pu(pose of Section 35 of Presidential
Decree No. 9S7;
(6)
Disputes involving easements within
of
or among subdivision
projects; and
O)
(il
Actions to annul mortgages and other agreements executed in
violation of Section 18 of Presidential Decree No. 957 filed by a
subdivision lot or condominium unit buyer against the project
owner and/or developer and the mortgagee;
Cases
involving Homeowners Associations:
(r)
Controversies involving the registration and regulation of HOAs;
(z)
Intra-association disputes or controversies arising out of the
relations between and among members of HOAs; between any or
all of them and the HOA of which they are members;
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(S) Inter-association disputes or controversies arising out of the
relations between and among two (z) or more HOAs; between
and among federations and other umbrella organizations, on
matters pertaining to the exercise of their rights, duties and
functions;
(+)
Disputes between such HOA and the State, insofar as it concerns
their individual franchise or right to exist and those which are
intrinsically connected with the regulation of HOAs or dealing
with the internal affairs of such entity, including but not limited
to violations of Sections rB and 19 of RepublicAct No. 99o4; and
(S) Disputes between such HOA and the beneficial users of its
services;
(c)
Disputes involving the implementation of Section 18 of Republic Act
No. 7279, as amended by Republic Act No. ro884, and its
Implementing Rules and Regulations;
(d) Disputes or controversies involving laws and regulations
being
implemented by the DHSUD except those cases falling within the
jurisdiction of otherjudicial or quasi-judicial body;
(e)
Appeals from the decisions of the Regional Adjudicators on the above
CASES;
(0 Appeals from decisions of local and regional planning and zoning
bodies; and
(g)
Other analogous cases.
These Rules shall be liberally construed in
order to promote the general welfare and to assist the parties in obtaining
a just and speedy determination of every action, application, or proceeding.
Section 3. Construction.-
In computing any period of time prescribed or allowed by these Rules, or
by order of the Commission or by any applicable statute, the first day shall
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be excluded, and the last day included. If the last day of the period, as thus
computed, falls on a Saturday, a Sunday, or a legal holiday, the time shall
not run until the next working day.
Section 4. Suppletory Applicatton of the Rules of Court - The provisions
of the Rules of Court shall not be applicable except in a suppletory
character.
Rule z
ACTIONS AND PROCEEDINGS
Section g. Actions and Proceedings.- An action or proceeding under
these Rules is any suit filed with the HSAC by which one party sues another
for the enforcement or protection of a right or for the prevention or redress
of a wrong.
Section 6, Order of Proceedings.- The follo*ing order of proceedings
shall be uniform for all cases filed before the Regional Adjudication Branch
(RAB):
(a) The commencement of an action through the filing of a verified
Complaint, or a duly accomplished complaint form as provided under
Section zr hereof, and upon payment of the required legal fees;
(b)
Service of summons on the respondent, together with a copy of the
Complaint and all attachments thereto;
(c) Filing of the Answer,
or a duly accomplished answer form as provided
under Section 39 hereof, or any responsive pleading;
(d)
Setting and conduct of mandatory conference;
(e)
Submission of Position Paper and Draft Decision;
(0 Writing of the decision;
and
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(g) Issuance of the decision with notice to parties.
Section 7. Venue.- All complaints or actions shall be filed in the RAB
which has jurisdiction over the region where the project involved is
located. Where the residence and/or principal office of the complainant
and respondent are both located in the same region, the Complaint or
action h&y, at the option of the complainant, be filed in the RAB having
jurisdiction over the said region regardless of the location of the project
involved, unless the parties have validly agreed in writing before the filing
of the Complaint or action on the exclusive venue thereof.
In homeowners association cases, the Complaint shall be filed in the RAB
which has jurisdiction over the region where the association is registered
with the DHSUD.
Rule B
REAL PARTTES-rN-INTEREST, COUNSET-S,
AND REPRESENTATIVES
Section 8. Partte.s.- Every action or proceeding must be prosecuted and
defended in the name of the real parLy-in-interest.
AII natural or juridical persons who claim an interest in the subject matter
of the action or proceeding and in obtaining the relief demanded shall be
joined and referred to as "complainants."
All natural or juridical persons who claim an interest in the controversy or
in the subject matter thereof adverse to the complainant, or who are
necessary to a complete determination or settlement of the issues involved
therein, shall be joined and referred to as "respondents."
Section g. Indigent Litiganfs.- Indigent litigants shall be exempt from the
payment of legal fees. The legal fees shall be a lien on any judgment
rendered in favor of the indigent litigant, unless the Regional Adjudicator
or the Commission otherwise provides in the Decision.
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To be entitled to the exemption herein provided, the litigant shall execute
an affidavit that his/her gross income does not exceed the povertythreshold
as determined by the appropriate government agency. Any falsity in the
affidavit of the litigant shall be sufficient cause to strike out the pleading of
that party, without prejudice to whatever criminal liability that may have
been incurred.
In addition, the litigant shall be required to submit a Certificate of Indigenry
from the Department of Social Welfare and Development, the Social
Welfare and Development Offices of the local government unit, or from the
Punong Barang ay of the barangay having jurisdiction over the residence of
the litigant.
Section lro. Dertuatiue Suit.- A member of a HOA in good standing may
bring an action on behalf of the association provided that:
(a) The complainant was a member at the time the acts or transactions
subject of the action occurred and at the time the action was filed;
(b) The Complaint alleges with particularity that reasonable efforts were
exerted to exhaust all remedies available under the association's articles
of incorporation, bylaws, laws or rules for the purpose of obtaining the
relief prayed for; and
(c)
The Complaint states a valid cause of action.
Section tt. Appearance of Counsel or Representattue.- The appearance
of counsel is optional.
(a) If a party is represented by counsel, the lawyer must indicate the
following in the pleadings:
(r)
Mailing address which is not a post office box number, including
the lawyer's telephone/cellular phone number and electronic mail
address;
(z)
Roll of Attorneys number;
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(S) Current Professional Tax Receipt number, including the date and
place of issue;
(+)
IBP Lifetime Membership number or current IBP Official Receipt
number, and date of issue; and
G)
Certificate of Exemption number or Mandatory Continuing Legal
Education Certificate of Compliance number and date of issue.
(b) A person who represents a party shall attach to the pleading a special
power of attorney authorizing him/her to file the case. The
representative shall indicate in the pleadings his/her mailing address
that is not a post office box number, including his/her
telephone/cellular phone number and email address.
(c) In case the real party-in-interest is out of the country, the special power
of attorney must be authenticated by the consular office concerned and
comply with other applicable formalities for its execution.
(d) In case the party represented
is a corporation, the representative shall
attach to the Complaint a secretary's certificate authorizing him/her to
act on behalf of the corporation.
The authorization of the representative to act on behalf of a parly, whether
in the form of a secretary's certificate or a special power of attorney, should
be attached to the Complaint or other initiatory pleadings. Failure of the
party or counsel to comply with the requirements herein shall render the
pleading as not filed.
Section az. Misjoinder and Non-joinder of Parties.- Neither the
misjoinder nor the non-joinder of parties is a ground for dismissal of an
action. Parties may be dropped or added by order of the Regional
Adjudicator on motion of any party or motu proprio at any stage of the
action and on such terms as are just. Any claim against a misjoined party
may be severed, re-docketed, and proceeded with separately, upon motion
or at the discretion of the Regional Adjudicator, provided the subject matter
thereof falls within the jurisdiction of the RAB. The party making the claim
PageT of.g4
against the misjoined party shall be ordered to pay the fee for the separate
action or the deficiency in the filing fees, if any.
Non-compliance with the order of the Regional Adjudicator to implead an
indispensable parry is a ground for dismissal.
Rule 4
PLEADINGS, MOTIONS, AIVD PRACTICE TN GENERAL
Section tg. Filing and Seraice of Pleadings and Motions, in General.Filing is the act of submitting the pleading or other submissions to the
Commission.
Seruice is the act of providing a party with a copy of the pleading or any
other submissions.
Except for the Complaint as provided under Section z3 hereof, all pleadings
and motions shall be filed in triplicate, with proof of service to the other
parties, with the appropriate unit of the RAB or the Office of the Executive
Clerk of the Commission (OECC), as the case maybe. Failure to attach proof
of service shall render the same as not filed.
Section
l^4.
Manner of Filing.- The filing of pleadings and motions shall
be made by:
(a)
Submitting personally the original thereof, plainly indicated as such, to
the RAB or OECC, as the case may be;
O)
Sending them by registered mail;
(c)
Sending them by courier; or
(d) Transmitting them by electronic mail or other electronic
be authorized under these Rules.
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means as may
In the first case, the RAB or OECC shall endorse on the pleading the date
and time of filing. In the second and third cases, the date of the mailing of
pleadings and motions, and payments or deposits, as shown by the post
office stamp on the envelope or the registry receipt, shall be considered as
the date of their filing, payment or deposit. The envelope shall be attached
to the record of the case. In the fourth case, the date of electronic
transmission shall be considered as the date of filing.
Section rg. Modes of Seruice.- Pleadings and motions shall be senred
personally or by registered mail, courier, electronic mail, facsimile
transmission, or other electronic means as may be authorized by these
Rules. If service through electronic mail or facsimile transmission, or other
electronic means was not agreed upon during the mandatory conference,
written consent from the party to be served through such means shall first
be obtained and shall be attached to the pleading or motion.
Section r:6. Change of Address, Electronic Mail Address or Facsimile
Number.- A parfy who changes address, electronic mail address, or
facsimile number while the action is pending must promptly file, within five
(5) calendar days from such change, a notice of change of address or of
electronic mail address or facsimile number with the RAB or OECC, as the
case may be, and selve the notice on all other parties.
Service through the electronic mail address or facsimile number on record
of a party shall be presumed valid unless such party notifies the RAB or
OECC of any change, as aforementioned.
Section t7. Conuentionsl Seraice or Filing of Pleadings, Motions, and
other Documenfs.- Notwithstanding the foregoing, the following
pleadings, motions, and other documents must be served or filed personally
or by registered mail, and shall not be served or filed electronically, unless
express permission is granted by the Commission or the RAB:
(a) Initiatory pleadings, such as a complaint, and initial
responsive
pleadings, such as an answer;
(b) Appendices and exhibits to motions or other documents that are not
readily amenable to electronic scanning may, at the option of the party
filing such, be filed and served conventionally; and
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(c)
Sealed and confidential documents or records.
Section 18. Pleadings Allowed.- Pleadings are either mandatory or
discretionary.
(a) Mandatory Pleadings.- Mandatory pleadings are those which are
absolutely- necessary for the resolution of the case, such as the
Complaint, Answer, and Appeal Memorandum.
(b)
Discretionary Pleadings.- All other pleadings not prohibited may be
filed. The filing of these pleadings does not toll the reglementary
periods, and faiiure to file the same shall not have any adverse effect on
the rights of the parties.
Section rg. Prohibited Pleadings and Mottons.- The following shall
considered as prohibited pleadings and motions which shall not
be
be
entertained:
(a) Motion to dismiss;
O)
Motion for bill of particulars;
(c) Petition for relief from judgment;
(d)
Motion for reconsideration, except as provided under Section
123
hereof;
writ of preliminary
(e)
Appeal from any interlocutory order, except
injunction;
(0
Motion for extension of time;
G)
Motion for postponement, except for justifiable reasons;
(h)
Motion to admit pleadings filed beyond the reglementary period;
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(i)
Fourth and subsequent party complaints; and
0)
Motion for clarification of final orders and decisions.
The filing of such pleadings or motions shall not interrupt the running of
the prescriptive period and shall not bar the adjudication of the case.
An opposition to a motion may be filed, without waiting for a separate order
therefor, within five (S) calendar days from the receipt of a copy of the
motion. With or without the opposition, the motion shall be resolved by the
Regional Adjudicator or the Commission after the lapse of the period to file
the same.
Rule S
COMPI.AINT
Section zo. Complaint.- The Complaint shall contain the following:
(a) Caption and Title.- In all cases filed before the RABs, the party
initiating the action shall be called the "Complainant" and the
opposing party the "Respondent."
(b) Body.- The body of the Complaint
shall contain the full name of the
real parties-in-interest, whether natural or juridical, showing capacity
to sue and to be sued, status, mailing address and designation, and a
concise statement of the ultimate facts which support the
complainant's cause of action, claims or reliefs, and the date of
preparation thereof.
(c) Relief.-
The pleading shall specify the relief sought, but it may add a
general prayer for such other relief as may be deemed just or
equitable.
(d) Signature.-
The signature constitutes a certification that such parfy
or his/her/its representative has read the Complaint; that to the best
of their/his/her/its knowledge, information and belief, there is good
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ground to support the Complaint; and that
it is not interposed for
delay.
(e) Verificatton.- A complaint is verified by an affidavit that
the
complainant or his/her/its representative has read the Complaint and
that the allegations therein are true and correct of affiant's own
personal knowledge, or based on authentic documents. A complaint
lhat contains a verification based merely on "information and belief'
or upon "knowledge, information, and belief," or lacks a proper
verification, shall be treated as an unsigned pleading.
(0
Certificatton Against Forum Shopping.- The complainant shall
certify under oath in the Complaint or other initiatory pleadings
asserting a claim for relief, or in a sworn certification annexed thereto
and simultaneously filed therewith that:
(r)
The complainant has not theretofore commenced any action or
filed any claim involving the same issues in any court, tribunal
or quasi-judicial agency and, to the best of the complainant's
knowledge, no such other action or claim is pending therein;
(z)
If there is such other pending action or claim, the complainant
shall state the status thereof; and
(g) If the complainant should thereafter learn that the same or
similar action or claim has been filed or is pending, the
complainant shall report that fact within five (S) calendar days
therefrom to the HSAC.
If it is proved that the complainant has engaged in deliberate forum
shopping, the Complaint shall be dismissed with prejudice.
(S) The following shall be attached to the Complaint upon filing:
(r)
Proof of pa5rment of filing fees or, Affidavit and Certificate of
Indigency, when applicable;
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(z)
Original or certified true copies of documentary evidence
supporting the cause of action;
(S) In homeowners
association cases, a certification issued by the
chair of the Election Committee in cases involving elections, or
by the chair of the Grievance Committee or any other
committee constituted to resolve any matter in controversy at
the association level, as the case maybe, stating that the parties
have been invited to participate in the proceedings to settle the
dispute but that no amicable settlement was reached.
In the absence of an Election Committee and Grievance
Committee or refusal of the said Committees or HOA to issue
the certification, an affidavit attesting to this fact shall be made;
and
(+)
HOA Certificate of Incorporation/Registration for cases filed for
and in behalf of the homeowners association.
The above requirements shall apply to complainants represented by
counsel and those not represented by counsel or those using the
prescribed complaint form. Non-compliance with any of the above
iequirements shall be a ground for the dismissal of the Complaint without
prejudice.
Section zr. Opttonal tJse of Comploint Form or Template by Parties
Without Counsel.- A complainant who is not represented by counsel may
use the Complaint form appended to these Rules either by accomplishing
the same manually, or by downloading a digital copy thereof from the
HSAC website and encoding the entries, or by using the form as template
or guide. AII other applicable requirements under these Rules shall be
complied with in the filing of the Complaint using the form.
Section 22. Effects of Defecttue Verificstton and Certtfication Against
Forum Shopping.-
(a)
Any defect in the verification under paragraph (e) of Section 20 hereof
shall not result in the dismissal of the Complaint but shall be subject
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r3 of54
to correction during the mandatory conference. If the complainant
refuses to rectifythe error as directedbythe RegionalAdjudicator, the
case shall be dismissed without prejudice.
(b) Any defect in the certification against forum shopping under
paragraph (0 of Section 20 hereof shall be a ground for the dismissal
of the Complaint without prejudice.
Rule 6
COMMENCEMENT OF ACTIONS OR PROCEEDINGS
is Deemed Commenced.- An action is deemed
commenced upon the filing with the RAB of a verified Complaint or duly
Section zg. When Action
accomplished complaint form as provided under Section 21 hereof in
triplicate, plus such number of copies as there are respondents, with
supporting documents, and upon payment of the required filing fees,
except in appropriate cases where the complainant is litigating as an
indigent in accordance with Section t hereof.
Section 24. Complaint Filed by Registered Mail.- If the Complaint is
filed by registered mail, the action is deemed commenced on the date of
mailing. The complainant shall attach to the Complaint a postal money
order in the amount of the filing fees, payable to the HSAC. The noninclusion of the said money order shall be cause for the dismissal of the
Complaint without prejudice.
Section 25. Filing Fees.- The complainant is required to pay the
filing fees, as determined by the RAB, at the time of the filing of the
Complaint.
(a) Effect of non-payment of ftling fees.- The non-payment of the filing
fees at the time of the filing of the Complaint or other initiatory
pleading is a jurisdictional defect which shall be cause for the dismissal
of the Complaint or other initiatory pleading without prejudice.
Failure to fully pay the
filing fees within five (S) calendar days from notice of deficiency, as
subsequently determined by the Regional Adjudicator, shall be a
O) Effict of deficient payment of filing fees.-
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ground for the dismissal of the Complaint or other initiatory pleading
without prejudice.
PART E
PROCEEDINGS BEFORE THE REGIONAL ADJUDICATOR
Rule 7
REGIONAL ADJUDICATOR
Section 26. Raffle DaA and Assignment of Case to a
Regional
Adjudicator.-
(a) The Chief Regional Adjudicator, or any duly designated
Regional
Adjudicator, shall supenrise the raffle of the cases to the Regional
Adjudicators at least once a week.
and the payment of the filing fees,
the case shall be assigned to a Regional Adjudicator by raffle on the
immediately succeeding scheduled raffle day.
O) Upon the filing of the Complaint
Section 27. Duty of the Regional Adjudicqtor upon Receipt of the Case
Docket.- Within ten (ro) calendar days from receipt of the case docket,
the Regional Adjudicator shall issue the summons, which shall be served,
together with a copy of the Complaint, to the respondent.
Within the same period, the Regional Adjudicator shall motu proprio
dismiss the Complaint upon a finding that the case does not fall within the
jurisdiction of the HSAC, the Complaint fails to state a cause of action, or
the same is not sufficient in form and substance.
Any case filed by a homeowners association not duly regist_ered or reregistered with the DHSUD shall likewise be dismissed outright or at any
stage of the proceedings, without prejudice to its liability to be sued before
the HSAC by its members or other interested parties.
Section 28. Powers of the Regional Adiudicator.- The Regional
Adjudicator shall have the following powers:
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(a) To hear and decide cases cognizable by the HSAC consistent with
these Rules;
O)
To administer oaths, summon the parties to a controversy, and issue
subpoena ad testtficandum and subp oenq duces tecum;
(c) To issue temporary restraining orders or writs of
prelimin-ary
injunction andbther provisional remedies allowed under these Rules;
(d) To cite and/or declare any person in direct or indirect contempt
and
impose appropriate penalties therefor;
(e)
To impose fines and/or other penalties forviolation of these Rules and
rehteh laws and regulations, or any order, resolution, or decision of
the HSAC;
(0
To issue writs of execution and special orders resolving incidents
related thereto; and
(g)
To perform such other powers and functions as are im_plied, necessary,
or incidental to carry out the express powers granted to the Regional
Adjudicator.
Section zg. Inhibition of the Regional Adjudicotor.-
(a) Mand.atory Inhibition.- The Regional Adjudicator shall inhibit
motu proprio or upon motion from adjudicating a case on any of the
following grounds:
(r)
The Regional Adjudicator's spouse, child, or relative within the
sixth degree of consanguinity or affinity is directly or indirectly
interested in the subject of the litigation;
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of54
(z)
The Regional Adjudicator is related to either of the parties or
their counsel within the sixth degree of consanguinity or affinity;
or
(S)
The Regional Adjudicator has participated as counsel in the
same case.
O) Drscretionary Inhibition.- The Regional Adjudicator may motu
proprio inhibit from handling a case by igsying an order stating any
bther justifiable ground as basis for the inhibition.
Section Bo. Procedure
for
Inhibition.- The party
seekin-g the
inhibition of a Regional Adjudicator shall file a motion for inhibition
stating the groundJwittr the evidence in support thereof. Thereafter, the
Regional edjudicator shall rule on the motion within five (S) calendar days
from receipt thereof.
Reassignment of Cases Upon Inhibttion of a Regional
Adjudicator.- When a Regional Adjudicator inhibits from hearing or
deiiding a case, the Chief Regional Adjudicator, or any dgly designated
Regionil Adjudicator, shall raffle the case to another Regional
Adfudicator. in the absence of other Regional Adjudlcators in the RAB, the
Chief Regional Adjudicator shall immediately notifr the Executive Clerk
for the reassignment of the case to a Regional Adjudicator of the nearest
RAB. Thereafter, the records of the case shall be transmitted accordingly.
Section gr.
Section gz. Procedure in the RA-Bs without on Adiudicator.- In
case a
RAB does not have a Regional Adjudicator, the Legal Division of the RAB
shall perform the functions of a Regional Adjudicator, except to decide the
case, to issue temporary restraining orders or writs of preliminary
injunction and other provisional remedies, and to cite pa{ies in contempt,
which shall be performed by the Regional Adjudicator of the nearest RAB
to whom the case will be assigned by the Executive Clerk.
When the case is deemed submitted for decision as provided under Section
(S) calendar days
53 hereof, the Legal Division of the RAB shall, within five
ilierefrom, transmit the records of the case to the Regional Adjudicator of
the nearest RAB to whom the case is assigned by the Executive Clerk.
Page 17 of. g4
The Regional Adjudicator shall resolve the case within a period of ninety
(go) calendar days from receipt of the records. Within ten (ro) calendar
days from resolution of the case, the records thereof shall then be
remanded to the RAB of origin for the release and service of the judgment
to the parties.
Rule
I
SERVICE OF NOTTCES, DECISTONS, ORDERS,
RESOLUTTONS, OR OTHER JUDGMENTS
Section gS. Seraice of Nottces, Decisions, Orders, Resoluttons, or Other
Judgmenfs.- Notices, decisions, orders, resolutions or other judgments
shafi be served on the parties and/or counsel of record personally through
the process server or sheritr, bV registered mail, or by courier. Upon ex
parie motion of any party in the case, a copy of the notices, decisions,
brders, resolutions or other judgments may be delivered by courier at the
expense of such party. When a party summoned by publication has failed
tolppear in the action, judgments, orders, or resolutions shall be served
upon- such party also by means of publication at the expense of the
prevailing party.
Section 84. Seraice Through Electronic Means.- Notices, decisions,
orders, resolutions, or other judgments may be served and effected to the
parties through electronic mail, facsimile transmission, or other electronic
means, if the party concerned consents to such modes of service, except
subpoenae, temporary restraining orders, and writs of preliminary
injunction.
If a party indicates in his/her/its pleadings an electronic email address or
facsimile transmission number, the same shall be deemed an authority for
the RAB or the Commission to serve notices to such parfy through these
means.
Section 95. Proof and Completeness of Seruice.- The return is prima
facie proof of the facts indicated therein.
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Service by registered mail is complete upon actual receipt by the addressee
or his/her/its agent, or after five (S) calendar days from the date he/she
received the first notice of the postmaster, whichever date is earlier.
Service by courier is complete upon actual receipt by the addressee. It is
presumed complete after at least two (z) attempts to deliver by the courier
service, or upon the expiration of five (5) calendar days after the first
attempt to deliver, whichever is earlier.
Electronic service is complete at the time of the electronic transmission of
the document, orwhen available, at the time thatthe electronic notification
of service of the document is sent. Electronic service is not effective or
complete if the party serving the document learns that it did not reach the
addressee or person to be served.
Service by facsimile transmission is complete upon receipt by the other
party, as indicated in the facsimile transmission printout.
Rule 9
ISSUANCE AIVD SERVICE OF SUMMONS
Section 36. -lssua nce, Sertsice and Return of Seruice of Summons.- Upon
finding that none of the grounds for the outright dismissal of the Complaint
or action as provided under Section 27 hereof is present, the Regional
Adjudicator itratt forthwith issue summons to the respondent. The
summons, together with a copy of the Complaint and all the attachments
filed, may be served to the respondent personally by the process server or
sheriff, or by registered mail or through courier service in accordance with
these Rules.
After at least two (z) failed attempts of service of summons by a
combination or repetition of any of the modes mentioned in the
immediately preceding paragraph, the Regional Adjudicator may authorize
the complainant, or in the case of a juridical entity, its duly authorized
representative, to serve the summons: Prouided, That if the complainant
served the summons to the respondent, the former shall execute an
Affidavit of Service which shall be attached to the return of sewice of
summons.
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If
the complainant misrepresents that the respondent was served
summons, and it is later proved that no summons was served, the case shall
be dismissed with prejudice, the proceedings shall be nullified, and the
complainant shall be meted appropriate sanctions.
If summons is returned without being served to any or all the respondents,
the Regional Adjudicator shall order the complainant to cause the service
of summons by other means available under these Rules or the Rules of
Court. Failure to comply with the order shall cause the dismissal of the
Complaint or other initiatory pleading without prejudice.
The return of seruice of summons shall be submitted to the RAB stating
legibly therein the process server's name, the names of the persons served,
uria tir. date of receipt, which return shall be immediately attached and
form part of the records of the case. In case of serviceby registered mail or
courier, the process server shall write in the return the names of p-ersons
served and the date of mailing of the summons. If no senrice was effected,
the process selver shall state the reason therefor in the return.
Section 37. Voluntary Appearance.- The respondent's voluntary
appearance in the action shall be equivalent to service of summons. The
inClusion in the Answer or any responsive pleading of other defenses aside
from lack ofjurisdiction over the person of the respondent shall be deemed
a voluntary appearance.
Rule ro
VERIFIED AIVSWER
3,8. Verifi.edAnswer or Responsiue Pleading.- The respondent
shall file a verified answer or responsive pleading, together with supporting
documents within a non-extendible period of twenty (zo) calendar days
from receipt of the summons, furnishing the complainant a copy thereof.
Section
All grounds for a motion to dismiss, counterclaim, or cross-claim must be
pleaded or incorporated in the Answer; otherwise, these shall be deemed
waived.
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Section 39. Optional Use of Answer Form or Template by Parties
Without Counsel.- A respondent who is not represented by counsel may
use the Answer form appended to these Rules either by accomplishing the
same manually, or by downloading a digital copy thereof from the HSAC
website and encoding the entries, or by using the form as template or
guide. Atl other applicable requirements under these Rules shall be
complied with in the filing of the Answer using the form.
Rule u
DEFAULT
Section 4o. Declaration of Default.- If the respondent fails to answer
or file a reiporrsive pleading within twenty (zo) calendar days from service
of summons, the Regional Adjudicator may, motuproprto ot upon motion
of the complainant with proof of service to the respondent, declare the
respondent in default.
4r. Motion to Lift Order of Default and Admit Answer.- A
motion to iift the order of default and admit the Answer attached thereto
may be filed by the parry declared in default, with proof of s-ervice to the
opposing parry, within five (S) calendar days from receipt of the order of
default.
Section
The motion must be accompanied by an affidavit of merit showing fraud,
accident, mistake, or excusable negligence, and a meritorious defense.
Thereafter, the Regional Adjudicator, within fifteen (rS) calendar days
from receipt of the motion, shall resolve the same. The denial or grant of
the motion to lift order of default is not appealable but may be raised as
an error on appeal.
Section 42. Effect of Order of Default.- The Regional Adjudicator, upon
declaring a parry in default, shall direct the complainant to file within ten
(ro) calendar days his/her/its verified Position Paper and Draft Decision,
together with supporting documents, after which the case shall be deemed
submitted for decision. The party declared in default shall be entitled to
notices of subsequent proceedings but shall not be allowed to take part
therein.
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Where the order of default is lifted, the Answer shall be admitted and the
Regional Adjudicator shall set the case for mandatory conference.
Section 49. Reuiew of Judgment by Defaulf.- If a judgment by default
is rendered, the party declared in default when aggrieved by such
judgment may file an appeal therefrom in accordance with Part 5 hereof.
Whitever defense the respondent may have against the complainant may
still be raised on appeal.
Rule rz
CONFERENCE, MEDIATION, ANID AIVIICABLE SETTLEMENT
Section 44. Mandatory Conference.- The conduct of
conference,
including mediation, is mandatory. Within five (S) calendar days from
receipt of the Answer, the Regional Adjudicator shall issue the notice for
the conduct of a mandatory conference for the following purposes:
(a) To consider the possibility of an amicable settlement through
mediation;
(b)
The agreement of the parties to be senred with subsequent pleadings,
motions, other documents, notices, judgments, orders, or resolutions
through electronic means, except as provided under Section t7 and
Section g4 hereof;
(c) The agreement of the parties to the conduct of subsequent
conferences, including mediation proceedings, through
teleconferencing;
(d) The scheduling by the Regional Adjudicator of the mediation, which
shall be signed by the parties and shall serve as notice to them;
(e) The definition and simplification
(0
of the issues;
The possibility of entering into admissions or stipulations of facts;
Pagezzof.54
(g) The submission by the parties of additional documentary
evidence
and marking of exhibits; and
(h)
The resolution of all other preliminary matters.
The holding of the mandatory conference shall be terminated within thirty
(go) calend'ar days from the date of initial conference, unless the parties
ugr.e to an extension not exceeding thirty (So) calendar days. No further
extension shall be allowed.
Section
4g. Mediation Proceedings.-
Within the perio4 to. the conduct
of the mandatory conference, mediation proceedings shall be conducted.
prior to the conduct of mediation proceedings, the Mediator shall explain
to the parties the objectives, nature, and rules of the mediation and
thereafter, facilitate ihe communication and negotiation between the
parties in order to assist them in reaching an agreement to settle the
dispute in whole or in Part.
of Mediation Proceedings.- All information
obtained during ihe mediatibn proceedings shall be confidential, and shall
Section 46. Confidentiality
not be admissible for any purpose in any proceeding, unless otherwise
specifically provided by law.
Section 47. Mandatory Appeorance of Partiel- The appearance of
parties in the mediation proceedings is mandatory. 11 clse- the pqties
cannot be personally present, their representative shall be clothed with the
proper special power of attorney or secretary's certificate, as the case may
Le, with full power to enter into a compromise agreement or settlement.
the Mediator before the
Such authoiity shall be presented
commencement of the mediation proceedings.
to
Appear in the Mediatton Proceedings.When a party fails to appear personally or through a representative during
the scheduled mediation proceedings, the party present may move either
for the termination of the proceedings or for the resetting thereof, in
accordance with the schedule set in the initial conference.
Section 48. Effect of Failure
to
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Section 49.
Compromise Agreement
and Judgment Upon
Compromise.- If a compromise is reached, the agreement shall be
reduced in writing, signed by the parties and attested to by the Mediator.
The Mediator shall return the case to the Regional Adjudicator together
with the compromise agreement. The Regional Adjudicator shall forthwith
render judgment based on the compromise agreement, which shall be
immediately final and executory.
Section So. Terminatton of Mediation Proceedings.- Where
no
compromise or settlement is reached, the Mediator shall terminate the
proceedings and issue a certificate attesting thereto. The Mediator shall
immediately elevate the records of the case to the Regional Adjudicator.
Rule 13
POSITION PAPERS AIVD DRAFT DECISIONS
Section 5r. Posih on Papers and Draft Decisions.- Upon the termination
of the mandatory conference, the Regional Adjudicator shall issue an order
directing the parties to file within fifteen (rS) calendar days from receipt
thereof iheir respective position papers, attaching thereto the affidavits of
their witnesses and documentary evidence, as well as their draft decisions.
Said position papers and draft decisions shall state clearly and distingtly
the facts, the issues, and applicable laws and jurisprudence on which they
are based.
Section gz. Ocular Inspectton and/or Clartficatory Hearings.- At any
time before the case is resolved, the Regional Adjudicator or his/her duly
authorized representative ffi&y, motu proprto or upon motion, conduct an
ocular inspection of the project and/or conduct clarificatory hearings
provided the same are held within the ninety (go)-calendar-day period for
the resolution of the case.
Rule 14
JUDGMENT OF THE REGIONAL ADruDICATOR
Section 53. When Case Deemed Submitted
for Decision - A case is
deemed submitted for decision when the parties have filed their respective
Page
z4
of.
g4
position papers and draft decisions, or when the period to file the same
expires.
g4. Judgment.- The Regional Adjudicator shall resolve the case
tgb) calendar days from the date the case is deemed
submitted foi decision. All pending motions as well as unresolved incidents
filed thereafter shall be resolved in the judgment.
Section
within
"i"ity
Section 55.
Nofic
e of the Judgment to the Parties.- The Regio:ral
Adjudicator, through the process server or sheriff, orby registered mail or
courier se1ice, stritt forthwith send a copy of the judgment to the parties
and to the counsel of record, or to the parties themselves when not
represented by counsel. When service is made both to the parties and
co^unsel, the ieckoning period to appeal shall be the date the counsel
received the judgment.
When a party represented by counsel personally oI directly obtains from
the RAB .opy oi the judgment ahead of the counsel, such pary is deemed
notified of the judgment on the date of the party's receipt and the running
of the period to appeal shall be reckoned therefrom.
i
Section 56. No Motion for Reconsiderotion of Regional Adjudicator's_
Decision - No motion foi reconsideration shall be allowed nor be acted
upon from the judgment of the Regional Adjudicator and the filing of the
ri*. shall not ioll the reglementary period to file an appeal.
PART 3
PROVISIONAL AI{D SPECIAL REMEDIES
Rule 15
GENERAL PROVISIONS
These Rules shall be applicable to the following
provisional and special remedies, which include:
Section SZ. Couerage.-
(a)
Creation of Management Committee;
Page
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(b) Preliminary Injunction;
(c)
Contempt;
(d) Inspection
of Books and Records;
of Compromise Agreements executed by the
parties in conciliation proceedings before the DHSUD; and
(e) Enforcement or Execution
(0
Other applicable provisional and special remedies in the Rules of Court.
Remedies are provisional when they are availed of as an incident to and
during the pendency of the main case. If not included in the initiatory
pleading, pr-ovisional remedies may be availed of by way of a motion.
Special remedies are initiated as a main case and may be availed of by way
oi a verified petition or complaint as the principal relief in accordance with
Section zo hereof.
Section g8. Executory Nature of Judgments.- All judgments under this
part of the Rules shall be immediately executory, without prejudice to the
filing of an appeal therefrom except for the judgmentg of the Commission
en banc in direct contempt cases which are unappealable.
Rule 16
MANAGEMENT COMMITTEE
Committee.- The Commission or
the Regional Adjudicator having jurisdiction over the case ffi&y, upon a
verified petition or motion by any of the parties, create a management
committee for the HOA to carry out the day-to-day operations of the
association until a new set of officers is elected. The members of the
management committee are considered agents of the HSAC and shall be
undei the control and supervision of the Regional Adjudicator,
Commission, or their duly authorized representative, as the case may be.
Section
gS. Creation of a Management
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The committee shall be composed of at least three (3) members, one each
chosen by the parties and the third by the Regional Adjudicator _or
Commission from a mutually-agreed list of nominees submitted by the
parties. In the event that one or both parties fail or refuse to nominate a
member, the Regional Adjudicator or Commission shall appoint such
member or members. The members of the management committee shall
not be eligible to run in the next election.
Section
6o.. Groundsfor the Creatton of a Management
Committee.- No
petition for the creation of the management committee shall be granted
unless it is established that no other adequate remedy is available and the
same is necessary:
(a) To avert dissipation, loss, wastage, or destruction of assets or other
properties of the association;
(b) To prevent paralyzation of operations which may be prejudicial to the
interest of the members and the general public; or
(c)
When the election of the incumbent board members or officers has been
declared null and void and majority of the members of the previous
board who shall in the meantime hold over is composed of those whose
election was declared null and void.
Section 6t. Action by Management Committee.- A majority of its
members shall be necessary for the management committee to act or decide
on any matter. The chairperson of the management committee shall be
chosen by the members from among themselves.
All official acts and transactions of the management committee shall be
approved and ratified by the Regional Adjudicator, Commission, or their
duly authorized representative, as the case maybe.
Section 62. Reimbursement of Expenses.- The management committee
and persons hired by it shall be entitled to reimbursement of reasonable
expenses, as approved by the Regional Adjudicator, Commission, or their
duly authorized representative, as the case may be, which shall be
PagezT
ofg4
considered as administrative expenses
of, and shouldered by,
the
homeowners association.
Section 69. Immunity from Suft.- The members of the management
committee and the persons employed by it shall not be subject to any action,
claim, or demand in connection with any act done or committed by them in
good faith in the exercise of their functions and powers.
Section 64. Reports.- Within a period of thirty (So) calendar days from
their appointment and every month thereafter, the members of the
management committee shall submit a report to the Regional Adjudicat-or,
Commission, or their duly authorized representative, as the case may be,
copy furnished the Regional Office of the DHSUD where the association is
registered, on the state and condition of the association under management.
Section 65. Discharge
of the Management Committee.-
The
management committee shall be deemed discharged and dissolved under
the following circumstances :
(a) Whenever the Regional Adjudicator, Commission, or their duly
authorized representative, as the case may be, motu proprio or upon
motion, has determined that the necessity for the management
committee no longer exists; or
or final disposition of the proceedings, including the
election and qualification of a newboard of directors and officers of the
association.
O) Upon termination
Upon its discharge and dissolution and within such reasonable time as the
Regional Adjudicator, Commission, or their duly authorized represe,ntative,
as ihe case may be, may allow, the management committee shall submit its
final report, render an accounting of its management, and turn over all
records and assets of the association to the duly qualified officers of the
association.
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Rule 17
PRELIMINARY INJUNCTION
Section 66. Preliminary Injunction.- A preliminary injunction
is issued
to enjoin or restrain, after due notice and hearing, any actual or threatened
commission of any or all prohibited or unlawful acts in any dispute within
the RAB's jurisdiction which, if not restrained forthwith, may cause grave
or irreparable damage to any party or render ineffectual any decision in
favor of such party.
A preliminary mandatory injunction is issued to require the performance
of a particular act in any dispute within the RAB's jurisdiction which, if not
performed forthwith, may eause grave or irreparable damage to any party
or render ineffectual any decision in favor of such party.
Section 62. Applicationfor Preliminary Injunction.- Upon the Regional
Adjudicator's receipt of the Verified Complaint with application for
issuance of a writ of preliminary injunction, the Regional Adjudicator shall,
within five (S) calendar days, issue the summons together with the
schedule of hearing for the application for issuance of a writ of preliminary
injunction.
When the application for preliminary injunction is filed separately
subsequent to the Complaint, the same shall be verified and must show
facts entitling the applicant to the relief demanded. Upon receipt of the
application, the Regional Adjudicator shall set the same for hearing within
fi-ve (S) calendar days from such receipt and notify the parties thereof.
Section 68. Grounds for the Issuance of Wrtt of Preliminary Injunction
or Temporary Restraining Order.- In no case shall a writ of preliminary
injunction or temporary restraining order be issued except after a finding
of fact by the Regional Adjudicator to the effect that:
(a)
Prohibited or unlawful acts have been threatened and will be
committed and will be continued unless restrained. No injunction or
temporary restraining order shall be issued on account of any threat,
prohibited or unlawful act, except against the person or persons,
association or organization making the threat or committing the
Page
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prohibited or unlawful act or actually authorizing or rati$ring the
same after actual knowledge thereof;
O) Substantial and irreparable injury to applicant's property will follow;
(c)
As to each item of relief to be granted, greater injury will be inflicted
upon applicant by the denial of relief than will be inflicted upon
respondent by the granting of relief;
(d) Applicant has no adequate remedy at law; and
(e)
Public officers charged with the duty to protect applicant's property
are unable or unwilling to furnish adequate protection.
Section 69. Preliminary Injunctton Not Granted Without
Notice;
Exception.- No preliminary injunction shall be granted without hearing
and prior notice to the party or person sought to be enjoined.
If the matter is of extreme urgency and there is showing that the applicant
stands to suffer grave injustice and irreparable injurybefore the matter can
be heard on notice, the Regional Adjudicator may issue ex parte a
temporary restraining order effective for only seventy-two (Zz) hours from
issuince provided, that notice of hearing on the application shall be
preceded or contemporaneously accompanied by service of summons,
together with a copy of the Complaint or initiatory pleading and bond.
Thlreafter, within the aforesaid seventy-tvvo (lz) hours, the Regional
Adjudicator before whom the case is pending shall conduct a summary
heiring to determine whether the temporary restraining order shall be
extended until the application for preliminary injunction can be heard. In
no case shall the total period of effectivity of the temporary restraining
order exceed twenty (zo) calendar days, including the original seventy-two
(Zz) hours provided herein.
In the event that the application for preliminary injunction is denied or not
resolved within the said period, the temporary restraining order is deemed
automatically vacated. The effectivity of a temporary restraining order is
not extendible without need of any declaration to that effect and no
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3o of54
Regional Adjudicator shall have authority to extend or renew the same on
the same ground for which it was issued.
Section 70. Bondfor Preliminary Injunction or Temporary Restraining
Order.- When the application for issuance of a writ of preliminary
injunction or temporary restraining order is granted, the Regional
edjudicator shall, in the same order, direct the applicant to p_ost a bgld
executed to or in favor of the party enjoined, in an amount to be fixed by
the Regional Adjudicator, to the effect that the applicant will pay to such
parfy all damages which the latter may sustain-by-reason of the injunctio_n
or temporary restraining order if the Regional Adjudicator should finally
decide that the applicant was not entitled thereto. The preliminary
injunction or temporary restraining order shall be effective upon the
posting of the bond with notice to the party enjoined.
Section 7r. Grounds for oppo.sifron to, or for motionfor dissolution of,
injunction or temporary restraining 9rder.- The application for
in]unction or restriining order may be denied upon a -showing- of itsinsufficiency. The injunctlon or restraining order may also be denied, or,
granted, dissolved by motion of the parry enjoined:
if
that although the applicant is entitled to the
injunction or restraining order, the issuance or continuance thereof, as
ttre case maybe, would cause irreparable damage to the party or person
enjoined while the applicant can be fully compensated for such
damages as he/she/it maY suffer; or
(a) If it appears after hearing
O) Upon showing of other justifiable grounds to deny or dissolve the
same.
The motion for dissolution shall be filed by the party enjoined within ten
(ro) calendar days from the receipt of the writ of preliminary injuncti_on.the adve.se party may file a comment within a non-extendible period of
five (S) calendar days from the receipt of the motion. After the receipt of
the co**"t or lapse of the period to file the same, the Regional
t
Adjudicator shall resolve the motion within five (S) calendar days
therefrom.
Page
3r of54
Upon finding justifiable ground to dissolve or lift an injunction or a
restraining order already issued during the pendency of the case, the
Regional Adjudicator shall, in the same order, direct the movant to post a
bond in an amount twice that posted in the issuance of the injunction or
temporary restraining order conditioned that he/she/it will pay all
damages which the applicant may suffer by the dissolution of the
injunction or restraining order.
Section 72. When Final Injunction Granted.- If after the proceedings on
the main case it appears that the applicant is entitled to have the act or acts
complained of permanently enjoined, the Regional Adjudicator shall grant
a final injunction perpetually restraining the party or person enjoined from
the commission or continuance of the act or acts or confirming the
preliminary mandatory injunction.
Section 79. Petition for Reuiew of Wrtt of Preliminary Injunctton;
Effect.- A party aggrieved by the resolution granting or denying the
motion for dissolution of the writ of preliminary injunction may file a
petition for review thereof on any legal ground before the Commission en
banc within fifteen (rS) calendar days from receipt of a copy of the
resolution. Within five (S) calendar days from the receipt of the petition
for review, the Regional Adjudicator shall elevate the petition, together
with a duplicate copy of the case records, to the Commission en banc.
The Commission en banc shall resolve the petition for review within thirty
(So) calendar days after the same is submitted for resolution. The filing of
the petition shall not automatically stay such writ and shall not suspend
the proceedings on the main case. An order issued by the Commission en
banc staying or lifting the writ shall be immediately executory unless
enjoined by the Court of Appeals.
Rule 18
CONTEMPT
Section 74. Direct Contempt.- Any person who commits any act of
misbehavior in the presence of or so near any member of the Commission,
or any of its Regional Adjudicators as to obstruct or interrupt the
proceedings before the same, including:
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3z of54
(a)
Disrespect toward said officials;
O)
Offensive acts towards others;
(c)
Refusal to be sworn, or to answer as a witness or to subscribe an
affidavit or deposition when lawfully required to do so; or
(d) Other such analogous acts
of
misbehavior disruptive
of
the
proceedings
may be summarily adjudged guilty of direct contempt by- said officials.
Suctr person shall be punished by a fine not exceeding live thousand Pesos
(PS,obo.oo) or imprisonment not exceeding five (S) days, or both if it be
committed against the Commission or any member thereof; and a fine not
exceeding One thousand pesos (Pr,ooo.oo) or imprisonment not
exceedin[ one (r) day, or both if the offense is committed against a
Regional Adjudicator.
Section 75. Remedy- from Judgment of Direct Contempt; Bond fol
Stay.- Tha person adudged in direct contempt by the Regional
edjudicator miy appeal to the Commission en banc and the execution of
the judgment shall be suspended pending the resolution of the lPne3l
upon tfre ming by such person of a bond on condition that he/she will abide
by and perfoim the judgment of the Commission en banc should the
appeal be decided against him/her. The judgment of the Commission en
bancon direct contempt is immediately executory and unappealable.
Section 76. Indirect Contempt.- A person guilty of any of the following
acts may be punished for indirect contempt:
(a)
Disobedience of or resistance to a laurful writ, process, order, or
judgment of the HSAC, including the act of a person who, after being
dispossessed or ejected from any real property by the judgment or
process of the RAB, enters or attempts or induces another to enter
into or upon such real property, for the purpose of executing acts of
Page
33 of54
ownership or possession, or in any manner disturbs the possession
given to the person adjudged to be entitled thereto;
(b)
Any abuse of or any unlawful interference with the processes or
proceedings of the HSAC not constituting direct contempt under
Section T4hereof;
(c)
Any improper conduct tending, directly or indirectly, to impede,
obstruct, or degrade the administration ofjustice;
(d)
(e)
Representing himself/herself to be an attorney or an officer of the
HSAC, and acting as such without authority;
Failure to obey a subpoenc duly served; or
(0 Recovery or attempting to recover without any authority
a person or
propertybeing held or in the custody of an officerlVvirtue of an order
or process issued by the Regional Adjudicator or the Commission.
Nothing in this section shall be so construed as to prevent the Regional
Adjudicator or the Commission from issuing process to bring_ the
rejpondent before the Regional Adjudicator or the Commission or from
holding him/her in custody pending such proceedings.
Section 77. How Proceedings Commenced.- Proceedings for indirect
contempt may be initiated motu proprto by the Regional Adjudicator or
the Commission by an order or any other formal charge requiring the
respondent to show cause why he/she should not be punished for
contempt.
In all other cases, charges for indirect contempt shall be commenced by a
verified petition with supporting particulars and original or certified true
copies of documents or papers involved therein, and upon full compliance
wiih the requirements for the filing of a complaint under Section zo hereof.
If the contempt charges arose out of or are related to a principal action
pending with the Regional Adjudicator, the petition for contempt s!a!
illege that fact but said petition shall be docketed, heard, and decided
Page
34 of54
separately, unless the Regional Adjudicator_in his/her discretion orders
thL consolidation of the contempt charge and the principal action for joint
hearing and decision.
Section 78. Where Charge to be Filed.- Where the charge for indirect
contempt has been committed against a Regional Adjudicator, the char_ge
shall rc mea with the Regional Adjudicator subject to appeal to the
Commission. Where such contempt has been committed against the
Commission, the charge shall be filed with the Commission.
Section 79. Punishment for Indirect Contempt.- If the respondenj is
adjudged guilty of indirec{ contempt committed against the Commission,
heTshe miy be punished by a fine not exceeding Thitfy thousand pesos(P3o,ooo.6o) oi imprisonment not exceeding six (6) months, or both. If
a Regional
he/she is adjudged
-he/she guilty of contempt committed against
may be punished by a fine not exceeding Fiyg
,td;udicator,
thousand pesos' (Ps,ooo.oo) or imprisonment not exceeding one (1)
month, or-both. If the contempt consists in the violation of a writ of
injunciion or temporary restraining order, he/she may {s9 !e ordered to
r.ruk" complete restituiion to the parry injured by guch violation of the
property involved or such amount as may be alleg_ed and proved. A writ
bf .i..ution shall issue for the enforcement of a judgment imposing a fine.
Section So.Imprisonment tlnttl Order Obeyed.- When the contempt
consists in the refusal or omission to do an act which is yet in the power of
the respondent to perform, he/she may be imprisoned by order of the
Regionil Adjudicator or the Commission until he/she performs it.
or
Commission MaA ReleaseRespondent.- Ttre Regional Adjudicator or the Commission who issued
thebrder imprisoning a person for contempt may discharge him/her frory
imprisonmerrt when it appears that public interest will not be prejudiced
by his/her release.
Section 8t. Regional Adjudicator
Reuiew of Judgment or Final Order of Indirect
Conternpt; Bondfor Stay.- The person adjudged in indirect coltempt by
the Regional Adjudicator may appeal to the Commission. The jgdgmentor
final oider of the Commission on indirect contempt is appealable to the
Court of Appeals. However, the execution of the judgment or final order
Section
82.
Page 35
of54
shall not be suspended until a bond is filed by the person adjudged in
contempt, in an amount fixed by the Regional Adjudicator or the
Commission from whom the appeal is taken, conditioned that if the appeal
be decided against him/her, he/she will abide by and perform the
judgment or final order.
Rule 19
INSPECTION OF BOOI(S AND RECORDS
Section 89. Couerage.- This Rule shall apply to disputes where the only
cause of action involves the rights of homeowners to inspect the books and
records of the HOA and/or to be furnished with the financial statements or
reports required by law. Where the Complaint consists of a cause or causes
ofaction, or prays for a relief or reliefs other than the enforcement of the
homeowners' right of inspection, this Rule shall not apply.
Section 84. Pettttonfor Inspection of Books and Records.- In addition
to the requirements of a complaint in Section zo hereof, the petition must
also allege and support the following:
(a) The petition is for the enforcement of complainant's right to inspect
assoiiation books and records and/or to be furnished with financial
statements and reports mentioned under the preceding section;
O)
A demand for the inspection and copying of books and records and/or
to be furnished with financial statements was made bythe complainant
upon the respondent;
(c)
The respondent refused to grant the demands of the complainant; and
(d)
The refusal of the respondent to grant the demands of the complainant
is unjustified and illegal, stating the law and/or jurisprudence in
support thereof.
Regional Adjudicator upon the Filing of the
Petitton.- Within ten (ro) calendar days from receipt of the petition, the
Regional Adjudicator shall issue the summons, which shall be served,
Section 8g. Duty of the
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36 of54
together with a copy of the petition, on the respondent in accordance with
Rule 9 hereof. Within the same period, the Regional Adjudicator shall
dismiss the same upon a finding that the case does not fall within the
jurisdiction of the HSAC or the same is not sufficient in form and
substance.
Inspection of Books and
Records.- The respondent shall file an answer to the petition, senring a
copy thereof upon the petitioner, within ten (ro) calendar days from receipt
of the summons. In addition to the requirements in Section 38 hereof, the
Answer must state the following:
Section 86. Ansruer to the Petttton
(a) The grounds for the refusal
for
of the respondent to grant the demands of
the complainant;
O)
The conditions or limitations on the exercise of the right to inspect,
which should be imposed by the Regional Adjudicator, if the right to
inspect is granted; and
(c) The cost of inspection, including manpower and photocopylng
expenses, if the right to inspect and to be furnished copies of the
documents is granted.
Section 87. Affidauits, Documentory, and Other Euidence.- The parties
shall attach to the Complaint and Answer the affidavits of witnesses as well
as documentary and other evidence in support of the allegations.
88,. Effect of Foilure to Ansuser.- If the respondent fails to file a
verified Answer or responsive pleading within the reglementary period, the
Section
Regional Adjudicator ffi€ty, motu proprio or upon motion of the
complainant with proof of service to the respondent, declare the
respondent in default. The provisions under Rule rr hereof shall apply
accordingly.
Section 89. Decision.- The Regional Adjudicator shall render a decision
based on the pleadings, affidavits, documentary and other evidence
attached thereto, without requiring the submission of position paper and
draft decision, within thirty (So) calendar days from receipt of the last
PagegT of.g4
pleading or lapse of the period to file the same. A decision ordering the
iespondent to allow the inspection of books and records and/or to furnish
coples thereof shall also order the complainant to deposit the estimated
cost of the manpower necessary to produce the books and records and the
cost of copying, and state, in clear and categorical terms, the limitations
and condiiions to the exercise of the right allowed or enforced.
Rule zo
ENFORCEMENT OR EXECUTION OF
DHSUD-CONCILIATED COMPROMISE AGREEMENT
Section go. Couerage.- This Rule shall apply to the enforcement
or
execution of any compromise agreement as an outcome of conciliation
proceedings conducted by the Regional Office of the DHSUD acting on
ietters of cbmplaint or requests for assistance in relation to its regulatory
mandates over real estate development and homeowners associations.
Section gt. Petition for Enforcement or Execution of Compromise
Agreement.- In addition to the requirements of a complaint under
Section zo hereof, the petition must also allege and support the following:
(a) The petition is for the enforcement or execution of a compromise
agreement between the parties as an outcome of conciliation
pioceedings conducted by the DHSUD acting on letters of complaint
or request for assistance in relation to its mandates;
O)
The compromise agreement is not contrary to law, morals, or public
policy; and
(c)
The respondent failed to comply with the terms and conditions of the
compromise agreement.
Section gz. Duty of the Regional Adjudicator upon the Filing of the
Petition.- Within ten (ro) calendar days from receipt of the petition, the
Regional Adjudicator shall issue the summons, which shall be served,
togither with a copy of the petition, to the respondent in accordance with
nule 9 hereof. Within the same period, the Regional Adjudicator shall
Page
38 of54
dismiss the same upon finding that the same is not sufficient in form and
substance.
Section gg. Answer to the Petition for Enforcement of Compromise
Agreement.- The respondent shall file an answer to the petition, serving
a copy thereof upon the petitioner, within ten (ro) calendar days from
receipt of the summons. The Answer shall comply with the requirements
under Section 38 hereof.
Section 94. Affidauits, Documentary and Other Euidence.- The parties
shall attach to the petition and answer the affidavits of witnesses as well
as documentary and other evidence in support of the allegations.
Section gE. Effect of Failure to Answer.- If the respondent fails to file
within the reglementary period,
the Regional Adjudicator may, motu proprto or upon motion of the
complainant with proof of service to the respondent, declare the
respondent in default. The provisions under Rule rr hereof shall apply
a verified Answer or responsive pleading
accordingly.
Section 96. Decision.- The Regional Adjudicator shall render
a
decision based on the pleadings, affidavits, document&ry, and other
evidence attached thereto, after filing of the Answer, without requiring
the submission of position paper and draft decision, within thirty (So)
calendar days from receipt of the last pleading or lapse of the period to
file the same.
PART +
ELECTION CA,SES
Rule zr
ELECTION CONTEST
Section 97. Couerage.- An election contest refers to any controversy or
dispute involving title or claim to any elective office in a homeowners
association, the validation of proxies, the manner andvalidity of elections,
and the qualification or disqualification of candidates, including the
proclamation of winners and assumption to the office of directors,
Page
39 of54
trustees, or other officers elected by the members of a homeowners
association as provided in its articles of incorporation or bylaws.
Section 98. Filing of Election Contest.- In addition to the requirements
under Section zo hereof, the Complaint in an election contest must state
that the case was filed within twenty (zo) calendar days from receipt of the
resolution of the controversy by the Election Committee pursuant to its
election rules or bylaws. If the election rules or bylaws of the association
do not provide for a procedure for the resolution of the controversy, the
Complaint shall be filed within twenty (zo) calendar days from the date of
the election or date of proclamation, if the same has been made.
The complainant shall attach all supporting documents to the Complaint
as no position paper will be required under this Rule.
Section gg. Duty of the Regional Adiudtcator Upon Filing of
the
Complaint.- Within ten (ro) calendar days from receipt of the Complaint,
the Regional Adjudicator shall issue the summons, which shall be served,
together with a copy of the Complaint, to the respondent in accordance
wiih Rule 9 hereof. Within the same period, the Regional Adjudicator shall
dismiss the same upon a finding that the Complaint does not fall within
the jurisdiction of the HSAC, the same is not sufficient in form and
substance, or the homeowners association is not duly registered or reregistered with the DHSUD.
Section 1oo. Answer.- Within ten (ro) calendar days from receipt of
summons and a copy of the Complaint, the respondent shall file an answer
with proof of service to the complainant. The respondent shall attach all
supporting documents as no position paper will be required under this
Rule. After the filing of the Answer, the case shall be deemed submitted
for resolution.
Section 1o1. Effect of Failure to Answer.- If the respondent fails to file
a verified Answer or responsive pleading within the reglementary period,
the Regional Adjudicator may, motlr proprio or upon motion of the
complainant with proof of service to the respondent, declare the
respondent in default. Thereafter, the case shall be deemed submitted for
resolution.
Page
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Section 1o2. Clorificatory Conference.- At any time before the case is
resolved, the Regional Adjudicator may, motu proprio or upon motion,
call a clarificatory conference to examine election-related documents or
require submission of additional evidence to clarifr certain factual issues
pertinent to the resolution of the controversy provided that the same is
held within the period for the resolution of the case prescribed in the
succeeding section.
Section 1oB. Decision.- Ttre Regional Adjudicator shall render a
decision based on the pleadings, affidavits, documentary and other
evidence on record within a period of thirty (So) calendar days after the
case is submitted for resolution.
Section to4. Appeal of Judgment or Order in Electton Contests.- The
party aggrieved by the judgment of the Regional Adjudlc_ator in an election
contest may appeal to the Commission enboncwithin fifteen (r5) calendar
days from receipt of the decision or order. The Commission enbanc shall
reiolve the appeal within thirty (So) calendar days after the same is
submitted foi resolution. The decision rendered thereon by the
Commission en banc shall be immediately executory notwithstanding any
appeal to the Court of Appeals, unless otherwise ordered by the latter. No
Motion for Reconsideration shall be entertained.
Applicability to Plebiscites, Referendttm, and other
Electoral Exercises.- The rules on election contests shall also be
Section
lo5.
applicable to the conduct of plebiscite, referendum, and other initiatives
involving the association members'exercise of the right of suffrage.
PART 5
PROCEEDINGS ON APPEAL
Rule zz
THE COMMISSION
Section 106. Compositton and Functions of the Commission En Bqnc
and lts Diuisions; Inhibitton.-
Page
4r of54
a)
of five (S)
Commissioners appointed by the President. From among the five (S)
Commissioners, the President shall appoint the Executive
Compositton.- The Commission is composed
Commissioner.
b)
Commis.sfon en
banc.- The Commission sitting en banc shall resolve
the following:
(r)
Petitions for Review of Writs of Preliminary Injunction
under Rule 17 hereof;
(z)
Appeals from decisions of local and regional planning and
zoning bodies;
(S)
with policy implications, upon
the indorsement of the Division to which the cases were
originally raffled;
(+)
Appeals from judgments or orders
under Rule zr hereof; and
(s)
Motions
Cases involving novel issues
in election
contests
for reconsideration of judgments or
rendered or issued by any of its
under Section rz3 hereof.
orders
provided
Divisions as
c)
Dfur'sfons.-
d)
Inhibition.- No motion to inhibit the entire Division or the
Commission en banc shall be entertained. However, &trY
In order to efficiently carry out its adjudicatory
function, the Commission may also sit in three (3) Divisions, each
composed of a combination of three (3) Commissioners z Prouided,
That no two (z) Divisions shall have the same composition. Except
those enumerated in paragraph (b) above, all other appeals shall be
resolved by the DMsions.
Commissioner may inhibit from the consideration and resolution of
any case or matter before the Division or enbanc and shall so state
in writing the legal or justifiable grounds therefor.
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4zof g4
Section to7. Raffle of Cases; Consolidation.- The assignment of
appealed cases shall be by raffle among the three Divisions. Where two or
more parties filed separate appeals from the same Decision, their appeals
shall be consolidated. Appealed cases involving the same parties, issues, or
related questions of fact or law may be consolidated before the Division to
which the case with the lowest case number was raffled.
Rule z3
APPEAL MEMORANDI.]M AIYD COUNTER.MEMORANDI.]M
Section 1o8. Alloused Pleodings.- The only pleadings allowed on appeal
are the Appeal Memorandum and the Counter-Memorandum. Unless
otherwise directed by the Commission, no other pleadings shall be allowed
and the filing thereof shall not toll the period for the resolution of the appeal.
Rule z4
APPEAL FROM THE JUDGMENT OF
THE REGIONAL ADJI.IDICATOR
Section 1o9. Appeal Memorandum.- An appeal may be taken from the
decision of the Regional Adjudicator on anylegal ground and upon payment
of the appeal fee, by filing with the RAB a verified Appeal Memorandum in
three (S) copies within fifteen (r5) calendar days from receipt of the assailed
decision.
Within five (S) calendar days from receipt of the Appeal Memorandum, the
RAB shall elevate the records of the case to the Commission together with
the summary of proceedings. The summary of proceedings shall indicate
the material dates, incidents, and documents contained in the case records
transmitted.
If two or more parties filed separate appeals from the Decision of the
Regional Adjudicator, each appeal shall be docketed separately with distinct
case number but the appeals shall be consolidated.
Section 11o. Contents of AppealMemorandum.Page
43 of54
(a)
Title and Captton.- The heading shall state that the case is filed under
the jurisdiction of the HSAC. The caption shall be the same as that
stated in the original case but the party appealing shall be additionally
designated as the "Appellant" and the parfy against whom the appeal is
made as the "Appellee";
(b) Statement of Date of Receipt of Appealed
Decision The statement of
the date when the appellant received a copy of the appealed decision;
-
(c) Statement of the Facts and Incidents.-
The summary of the facts
leading to the filing of the case, or giving rise to the omission or
commission of the acts constituting the cause of action or defense, and
the proceedings conducted, inclusive of the material dates;
(d)
Statement of the.lssues.- The issues to be resolved in the appeal;
(e) Statement of the Grounds for the Appeal.- The grounds
upon which
the appeal is based;
(0
Reliefs.- The ultimate claims of the parties;
(g) Verifi.cation.- The verification which shall be in accordance with
Section zo (e) hereof;
of seraice to the other partA.- An affidavit stating the date of
serice of the Appeal Memorandum upon the other party made through
any of the modes of service allowed under Rule 4 hereof and a copy of
the registry receipt which shall be attached thereto; and
(h) Affidauit
(i) Appeal Bond.- In case of money judgment, an appeal bond in cash or
manager's check posted with the Commission or surety bond in
accordance with the immediately succeeding section, equivalent to the
amount of the award and actual damages, excluding interests, other
damages, and attorney's fees.
Section ttt. Requirements of the Surety Bond.Page
44 of 54
(a) Formal Requirements.- A surety bond shall be issued by a reputable
bonding company duly accredited by the Supremg Coqrt, and shall be
accompanied by original or certified true copies of the following:
(r)
(z)
A
joint declaration under oath by the appellant and the bonding
company, attesting that the bond posted is genuine, and shall be
in effect until final disposition of the case;
An indemnity agreement between the appellant and bonding
company;
(S) proof of security deposit or collateral securing theb-ond, provided
that a check stritt not be considered as an acceptable security;
(+)
Certificate of authority from the Insurance Commission;
G)
Certificate
(6)
Certificate of authority to transact suretybusiness from the Office
of the President;
0)
Certificate of accreditation and authority from the Supreme
(8)
Notarized board resolution or secretary's certificate from the
bonding company showing its authorized signatories and their
of registration from the Securities and Exchange
Commission;
Court; and
specimen signatures.
(b) Validity.-
An appeal bond in cash or surety shall be valid and effective
from tfie date of deposit or posting until the case is finally decided,
resolved, or terminated, or the award satisfied. This condition shall be
deemed incorporated in the terms and conditions of the surety bond,
and shall be binding on the appellant and the bonding company.
Page
45 of54
The appellant shall furnish the appellee with a certified true copy of the said
surety bond with all the abovementioned supporting documents. The
appellee shall verify the regularity and genuineness thereof and
immediately report any irregularity to the Commission. Upon verification
by the Commission that the bond is irregular or not genuine, the
Commission shatl immediately dismiss the appeal, and censure or cite in
contempt the responsible parties and their counsels, or subject them to
reasonable fine or penalty.
Section ttz. Counter-Memorandum.- Upon receipt of a copy of
the
appellant's memorandum and without waiting for any separate order from
the Commission, the appellee shall file a counter-memorandum directly
with the Commission through the OECC, in three (g) copies within a nonextendible period of ten (ro) calendar days from receipt of the appellant's
memorandum, with proof of service to the appellant.
Section 118. Effect of Filing an Appeal.- The appeal shall stay _the
execution of any decision or order of the Regional Adjudicator unless
otherwise provided under these Rules.
Section tL4. Admissibtlity of New Euidence onAppeal.- The Commission
ffi&y, in the evaluation of the appeal, order the reception of evidence, order
thg conduct of clarificatory hearings or ocular inspection, or issue
subpoenae lo any concerned agency for the latter to prgduce or its proper
offiiers to testify on the relevant corporate records of the association or
technical docket of the project where necessary.
Rule e5
APPEAL FROM THE DECISION OF
LOCAL AI{D REGIONAL PI.AIYNING AND ZONING BODIES
Section ttg. AppealMemorondum.- Pursuantto Section 15 of Republic
Act No. Luzor, a party aggrieved by the decision of any local or regional
planning and zoning body may appeal therefrom on any lega] g_round to
tt e Co-mission en banc by filing with the OECC a verified Appeal
Memorandum, with a copy of the relevant zoning ordinance and/or any
other supporting documents, in three (g) copies and payment of the appeal
fee. The ippeal shall be made within the period provided in the Zoning
Ordinance of tne city or municipality, with proof of service to such local or
Page
46
of.
g4
regional planning and zoning body, and- the adverse private party _or
apiellee, if urry. in the absenct of a provision on the appeal period in the
iiningOrdinance, the appeal shall be taken within fifteen (r5) calendar
days #o* the appellant'i ieceipt of the decision of such local or regional
planning and zoning body. Failure of the appellant to secure from the LGU
tertifieJtrue copies-of pertinert documents due to the latter's unjustified
refusal shall be a cause for the issuance of the subpoena. A statement to
that effect shall be included in the Appeal Memorandum.
Section tt6. Eleuation of Records ond Filing of Comment or CounterMemorandum.- Within len (ro) calendar days from the receipt of the
appeal Memorandum, the Commission shall order the local or regional
piu-""i"S and zoning body to cause the elevation of certified true copies of
fure origlrral recordJ of t[e case including the relevant zoning ordinance
and/oiother supporting documents to the Commission. Within the same
peri,od, the locai or regional planning. ?t d zoning bgdy may file its
.o**"rrt to the Appeal Memora.rdum, with proof of service to the parties.
The private adverse parfy
-ofor appellee,_ if any,,_ffi&Y file a counterservice to the appellant and the local or
-.*6rundum with proof
regional planning anld zoning body within ten (ro) calendar days from
reieipt of the Appeal Memorandum.
When the local or regional planning and zoning body fails to elevate
certified true copies of the original records of the case including JIr"
relevant zoning oidi.rarr.e within the period provided, the appeal shall be
decided based on the appellant's evidence.
Section 1lr7.
Contents
of Appeal Memorandum.- The Appea]
Memorandum shall contain ttrose enumerated under Section rro hereof,
except the appeal bond. In addition, the appellant shall attach thereto
original or ..rtified true copies of documentary evidence in support of the
appeal.
Section 118. Admissibtlity of New Euidence on Appeal.-
The
Commission ffi&y, in the evaluation of the appeal, order the reception of
evidence, order ihe conduct of clarificatory hearings or ocular inspection,
or issue subpoenae when necessary.
Page
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of.
54
Rule e6
DISMISSAL OF THE APPEAL
Section tag. Dismissa I of the Appeal.- The appeal shall be dismissed on
any of the following grounds:
(a) Filing of the appeal beyond the reglementary
period;
(b) Failure to state the date of receipt of the appealed decision by the
appellant;
(c)
Joint motion of the parties to dismiss the appeal;
(d)
Withdrawal of the appeal;
(e)
Failure to pay appeal fees;
(0
Failure to post appeal bond or insufficiency of the bond posted;
(g) Failure to furnish the other parties a copy of the Appeal
Memorandum; or
(h) Failure to comply with the orders of the Commission
and/or the
requirements of these Rules.
Rule z7
JUDGMENT OF THE COMMISSION
Submixedfor Decision - An appeal is
deemed submitted for decision upon the filing by the appellee, or in case
Section tz,o.
When Appeal Deemed
there are several appellees, the last appellee, of the Counter-Memorandum,
or when the period to file the same expires.
Section tzt. Judgment of the Commission.- The Commission enbanc and
its Divisions shall resolve the appeal within one hundred twenty (rzo)
Page
48 of54
calendar days from the date the appeal is deemed submitted for decision. AII
pending motions as well as unresolved incidents filed after the submission
of the appeal for decision shall be resolved in the judgment.
Section lrzz.. Notice of the Judgment.- The Commission shall notifr the
parties of the resolution of the appealbyserving a copyof the judgment upon
the parties and their counsels of record, or upon the parties themselves when
not represented by counsel.
When a party represented by counsel personally or directly obtains a copy of
the judgment ahead of the counsel, such parry is deemed notified of the
judgment on the date of the party's receipt and the running of the period to
appeal shall be reckoned therefrom.
Section tzg. Motion for Reconsideration of Judgment or Order of the
Diuision Within fifteen (rS) calendar days to file an appeal with the Court
of Appeals under Rule 43 of the Rules of Court, &try parfy may file a motion
for reionsideration of the judgment or order on appeal of the Division to the
Commission en banc: Prouided, That only one (r) such motion from the
same party shall be entertained.
-
Section tz.4. Pertod to
Resolue the Motton for Reconsideratton.- The
Commission en banc shall resolve the motion for reconsideration within
thirty (So) calendar days from the date the motion is deemed submitted for
resolution.
PART 6
FINALITY AND EXECI]TION OF JUDGMENT
Rule e8
FINALITYOF JUDGMENT
Section rz1. Certificate of Finality.- The Regional Adjudicator, or the
Commission through the Executive Clerk, shall issue a Certificate of Finality
when the judgment or order has become final and executory at their
respective levels in accordance with the immediately succeeding section.
Page
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of.
g4
Section 126. Deterrnination of Finality
of Judgment or
Order.-
disposes of the action or pr_oceeding rendered
oi issued by the Regional Adjudicator shall become final and executory
after the lipse of fifteen (rS) calendar days from the date of receipt
thereof by tLe parties and no appeal has been duly perfected within the
said period to the Commission;
(a) Ajudgment or order that
(b) Ajudgment or order that disposes of the action or p-roceeding
render-ed
oi irrlo.a by the Divisions of the Commission, where no motion for
reconsideration was filed by any of the parties to the Commission en
banc, shall become final and executory after the lapse of fifteen (r5)
calendar days from the date of receipt thereof bV !h9 parties and no
appeal has been duly perfected within the said period to the Court of
Appeals; and
(c)
judgment or order that disposes of the action or pr_oce-eding rendered
oi issied by the Commission en banc shall become final and executory
after the lapse of fifteen (rS) calendar days from the date of receipt
thereof by tire parties and no appeal has been duly perfected within the
said period to the Court of Appeals.
A
of Judgment and Ftnal order.- If no app-eal is filed
with the Commission-within fifteen (r5) calendar days from the date of
receipt by the parties of a copy of the judgment or final order of the Regional
ediuaicator, fhe same shall forthwith be entered by the Chief Begional
Adjudicator, or his/her duly authorized representative, in the book of
entries ofjudgments.
section
1;27.
Enw
If no appeal to the Court of Appeals or motion for reconsideration to the
CommGion en banc under Section rz3 hereof is filed within fifteen (tS)
calendar days from the date of receipt by the parties of a copy- of the
judgment orfinal order of the Commission en banc or Division, as the case
huy be, the same shall forthwith be entered by the Executive Clerk, or
hisiher duly authorized representative, in the book of entries ofjudgments.
The date when the judgment or final order becomes executory shall be
deemed as the date of its entry. The record shall contain the dispositive part
of the judgment or final order and shall be signed by the Chief Regional
Page
5o of54
Adjudicator or the Executive Clerk, or their respective duly authorized
representative, as the case may be, with a certificate that such judgment or
final order has become final and executory.
Rule e9
EXECUTION
Section 128. Execution of Final Judgments or Orders.- Execution shall
issue, motu proprio or on motion of any interested party, upon a judgment
or order that has become final and executory in accordance with Section
rz6 hereof. A motion for execution shall be filed, copy furnished the other
parties, with the RAB of origin and accompanied by:
(a) The original copy or certified true copy of the Certificate of Finality
issued by the Commission; order or declaration of finality of the Office
of the President (OP) for cases decided previously by the Housing and
Land Use Regulatory Board (HLURB) and were appealed to the OP
pursuant to laws effective at the time of the filing of the appeal thereto;
or entry of judgment of the Court of Appeals or the Supreme Cour[
and
(b)
Certified true copy of all judgments on the case, except in the level of
the RAB, unless the original docket of the case has already been
remanded to the RAB and the original or certified true copies of all
judgments are already on file in the docket.
Without need of a separate order from the Regional Adjudicator, the
adverse party may file an opposition to the motion for execution within five
(5) calendar days from receipt of the motion. The Regional Adjudicator
shall resolve the motion and issue the writ of execution within a period of
fifteen (rS) calendar days from receipt of the opposition, or lapse of the
period to file and no opposition has been filed, unless the Regional
Adjudicator determines the necessity of a hearing, in which case the
Regional Adjudicator shall issue an order resolving the incident within
fifteen (tS) calendar days from such hearing.
Section lrzg. Executton by Motton or by Independent Actton.Pursuant to Section 19 of Republic Act No. rrzor, a decision, order, or
Page
5r of54
award may be executed on motion within five (S) years from the date it
becomes final and executory, and thereafter by an independent action for
the enforcement of the decision, order, or award filed with the RAB of
origin within ten (ro) years.
Section 1Bo. Writs of Execution.- All writs of execution shall be
issued by the Regional Adjudicator directed to the sheriff concerned.
The Commission may issue writs of execution to implement and
enforce its judgments on direct contempt when committed against it or
any of its members directed to the Executive Clerk as ex officio sheriff
or any deputy sheriff.
The Commission may also designate special sheriffs and take any
measure under existing laws to ensure compliance with its decisions,
orders or awards.
Section 181. Prohibited Pleadings in Executton Proceedings.-
Pleadings or motions on collateral issues or questions deemed already
passed upon or considered in the resolution of the case or incident shall
not be acted upon in the resolution of the motion for execution.
Section t1z.. Resolutton of Incidents of Execution.- A Writ of
Execution is not appealable. All incidents pertaining to the execution of
the final and executory judgment shall be resolved by the Regional
Adjudicator or the Commission, as the case may be, and, where
necessary, a special order for the execution of the judgment, order or
award shall be issued.
MISCELI-AIVEOUS PROVISIONS
Rule 3o
LEGAL FEES
Section 1BB. Legal Fees.- All legal fees relating to the adjudication
of cases shall be in accordance with the current schedule of fees of the
HSAC.
Page
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Section 13.4. Gouernment Exemption from Fees.- The Republic of
the Philippines, its agencies and instrumentalities are exempt frory
payrng tfie legal fees-provided herein. Local government units and
gorrernment-owned oi controlled corporations are not exempt from
paylng such fees.
Section 1BS. Legal Feesfor Multiple Appellants.- If two or more- partieg
in a case mJ r"pirate appeals, each shall pay the full amount of the legal
fees.
Section 136. Payment of Legal Fees.- Payment of-legal fees may be
made in cish or postal money order, certified checks, or manager's/
cashier's checks payable to HSAC.
Section rB7. Non-Refund of Legal Fees.- All legal fees paid to HSAC
shall be non-refundable.
Rule 3r
FINAL PROVISIONS
Section 138. Amendments.- These Rules or any portion thereof may
be amended or supplemented by the Commission en bonc.
Section 139. Separability Clouse.- If the effectivity of any provision of
these Rulei is suipended or disapproved, or otherwise declared contrary
to law, the unaffected provisions shall remain in force.
These Rules shall govern all cases
filed after their effectivity, and also all pending proceedings, except to the
extent that in the opinion of the Commission, their application would not
be feasible or would work injustice, in which case the procedure under
which the cases were filed shall govern.
Section t4o, Transitory Prouision.-
Section t4r. Repealing Clause.- Upon the effectivityof these Rules, all
resolutions, orders, memoranda, and circulars which are inconsistent
herewith are hereby repealed or modified accordingly, including those
issued by the former HLURB.
Page
53 of54
Section l.42. EffectiuttA.- These Rules shall take effect fifteen (rS)
calendar days after their publication in the Official Gazette or in a
newspaper of general circulation.
APPROVED, March 2,2o2L, Quezon City.
ry*
I
JR.
P.
CIA
Executive Commissioner
Attested:
HANICA
J. ONG
Execu
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II