Question & AnswerQ&A (HLURB ADMINISTRATIVE ORDER NO. 02, S. 2011)
The official title is the "2011 Revised Rules of Procedure of the Housing and Land Use Regulatory Board."
It covers disputes concerning unsound real estate business practices, claims by buyers against developers, intra- and inter-association disputes among homeowners associations, oppositions to applications for HLURB permits and licenses, appeals from planning and zoning decisions, and other analogous cases.
Proceedings before HLURB are summary in nature, and the Rules of Court apply only in a suppletory manner.
The order includes filing a verified complaint with payment of legal fees, service of summons to the respondent, filing of the answer, mandatory conference, optional submission of additional evidence, and notice of the decision.
The real party in interest who claims an interest in the subject matter of the action must bring the case; all natural or juridical persons claiming such interest are joined as complainants.
Pleadings and motions shall be filed in triplicate plus copies for respondents, with proof of service, and only certain pleadings like complaint, answer, and appeal memorandum are mandatory.
Failure to include a proper certification against forum shopping is a ground for dismissal of the complaint without prejudice.
The order may be issued if the adverse party is doing or about to do an act violating laws or applicant's rights, the applicant is entitled to relief that includes restraining such acts, and the act would cause grave and irreparable injury to the applicant.
Direct contempt can result in a fine of P2,000 and/or confinement for the duration of the hearing; indirect contempt may include a P2,000 fine plus P500 per day of violation and possible confinement of responsible officers if the offender is a corporation.
An appeal is filed with a verified appeal memorandum within 15 days from receipt of the decision, payment of appeal fees, filing an appeal bond if applicable, and the appellee must file a counter-memorandum within 10 days.