QuestionsQuestions (HLURB ADMINISTRATIVE ORDER NO. 02, S. 2011)
It takes effect fifteen (15) days from its publication in the Official Gazette. Based on the text, publication was on 11 July 2011, so it took effect on 26 July 2011.
Proceedings before HLURB are summary in nature, and the Rules of Court apply only in a suppletory character.
The Rules apply to, among others: unsound real estate business practice cases filed by buyers; refund and related claims by subdivision lot/condominium unit buyers; specific performance cases filed by such buyers; intra- and inter-association disputes in homeowners associations; disputes involving homeowners associations and the state concerning franchise/right to exist and internal affairs; oppositions to certain HLURB applications and clearances; appeals from local/regional planning and zoning bodies; and other analogous cases.
They shall be liberally construed to promote the general welfare and to assist parties in obtaining a just and speedy determination of every action, application, or proceeding.
Uniform proceedings include: (a) commencement via verified complaint and payment of legal fees; (b) service of summons with complaint and attachments; (c) filing of the answer; (d) mandatory conference; (e) optional submission of additional evidence; and (f) notice of the decision.
For project-related complaints: file in the Regional Field Office that has jurisdiction over the area where the project is located. For homeowners association suits: file in the Regional Field Office where the homeowners association is registered.
Every action must be prosecuted and defended in the name of the real party in interest. Those who claim interest in the subject matter for obtaining relief are “complainants,” while those with adverse interest or necessary for complete determination are “respondents.”
A member in good standing may sue on behalf of the association if: (1) the member was a member at the time the questioned acts occurred and when the suit was filed; (2) the complaint alleges with particularity that reasonable efforts were made to exhaust remedies available within the association; and (3) the complaint states a valid cause of action.
No. Appearance of counsel or representative is optional. However, if a party is represented, the lawyer must provide specific details (address, phone/cell and email if available, Roll of Attorneys Number, PTR number/date/place, IBP OR/Lifetime number/date/place, and MCLE compliance/exemption certificate number/date), and non-lawyer representation requires special power of attorney plus an affidavit stating reasons for authorization.
Prohibited include: motion to dismiss; motion for bill of particulars; petition for relief from judgment; motions for reconsideration (any stage); appeal from interlocutory orders (including cease and desist orders); motions for extension of time; motions for postponement except for justifiable reasons; motion to admit pleadings filed beyond the reglementary period; reply (except to a compulsory counterclaim); fourth and subsequent party complaints; and motion for clarification of final orders/decisions.
They shall not be entertained; their filing does not interrupt prescription/proceeding periods and does not bar adjudication of the case.
It must include: caption/title; full names/capacity/status/mailing addresses of real parties and a concise statement of ultimate facts; the relief sought (general prayer allowed); signature with required certifications; verification by affidavit based on personal knowledge; certification against forum shopping (no prior action on same issues, status if any, and reporting if later found); attachments: proof of payment of filing fees, documentary evidence; and, for homeowners association cases, certification from the election/grievance committee or an affidavit attesting to exhaustion of administrative remedies if such committees are absent/refuse.
Defects in signature or verification generally do not automatically dismiss; they may be corrected during the mandatory conference. If the complainant refuses, the case may be dismissed without prejudice. Defect in forum-shopping certification is a ground for dismissal of the complaint, without prejudice.
An action is deemed commenced upon filing of a verified complaint in triplicate plus copies, with supporting documents, and payment of required filing fees. If filed by registered mail, it is deemed commenced on the date of mailing, provided the complainant attaches the money order for filing fees; failure to include the money order is cause for dismissal.
Respondent must file a verified answer/responsive pleading within a non-extendible period of ten (10) days from receipt of summons. If no answer is filed within ten (10) days, the Arbiter directs the complainant to file within ten (10) days a verified position paper and draft decision with supporting documents; thereafter, the case is deemed submitted for resolution and respondent is not allowed to participate further except for notice.
A mandatory conference (including mediation) must be conducted and should not exceed 30 calendar days from the date of initial conference. Within 3 days from receipt of the Answer, the Arbiter issues notices for the conference; during it, mediation is considered, issues are simplified, admissions/stipulations may be explored, and parties may submit additional evidence. Mediation is facilitated by the Arbiter or mediator, but if alternative modes of dispute resolution were already used before filing, mediation is no longer conducted.