QuestionsQuestions (HLURB ADMINISTRATIVE ORDER NO. 06, S. 2000)
It adopts (in the interim) the 1994 Revised Rules of Procedure for the hearing of homeowners’ disputes, to govern proceedings after the transfer of regulatory authority from HIGC to HLURB, until HLURB amends or issues its own rules.
Jurisdiction includes: (1) fraud or misrepresentation involving acts of the HOA board/officers detrimental to public/member interests; (2) controversies arising from intra-corporate relations between members and the HOA, among members, and between the HOA and the state/public insofar as it concerns its right to exist as a corporate entity; (3) controversies in membership, election, or appointment of directors/officers; and (4) suspension or revocation of the HOA’s certificate of registration on specified legal grounds.
Hearings are summary and not bound by technical rules of evidence, while still ensuring both parties’ right to a fair and just hearing and the observance of due process.
Only a verified complaint and an answer are allowed as pleadings.
Examples include: motion to dismiss or to quash; motion for a bill of particulars; motion for new trial or reconsideration or reopening; petition for relief from judgment; motion for extension of time to file pleadings/affidavits/documents; memoranda (except on appeal); motion to declare defendant in default; dilatory motions for postponements; reply (except on appeal); third-party complaints; and interventions.
By filing a verified complaint in triplicate with the appropriate filing fee.
The respondent must answer within fifteen (15) days from receipt of the summons; otherwise, the complainant may take judgment by default and demand the relief prayed for.
The respondent is declared in default, and the complainant may present evidence ex parte.
Lack of jurisdiction; lack of cause of action; and non-compliance with Supreme Court Administrative Circular No. 04-94 requiring a certification under oath that no other action/proceeding involving the same parties and issues is pending in the Supreme Court, CA, or other tribunal/agency.
A Hearing Officer designated/created by proper order of HIGC conducts the hearings and investigations.
He/they may issue preliminary or permanent injunctions (with the Revised Rules of Court applied as far as practicable) and may issue subpoena duces tecum and summon witnesses.
Unless a different period is fixed by law, reception of evidence must be terminated within three (3) months from the first day of hearing (counted from the date of preliminary conference if held), extendable only for the most exigent reasons and only with written permission of the head of agency.
The Hearing Officer sets it within not later than fifteen (15) days from receipt of the last answer. Parties appear to consider: possibility of amicable settlement; need for amendments to pleadings; stipulations/admissions to avoid proof; limits/simplification of issues and witnesses; and other matters for just and speedy disposition.
The absent party may be non-suited or considered in default.
He may render judgment on the pleadings or a summary judgment at the preliminary conference if facts exist upon which such judgment may be made.
Any party may appeal from a final decision/judgment, order, or ruling of the Hearing Officer to the HIGC Appeals Board within fifteen (15) days from receipt. The Appeals Board is composed of the HIGC President, Executive VP/GM, any two Vice-Presidents, and the head of the Legal Division; decision requires majority concurrence.