Question & AnswerQ&A (HLURB ADMINISTRATIVE ORDER NO. 03, S. 2018)
The title is 'Rules of Procedure in the Conduct of Administrative Inspections and Investigations.' Its main purpose is to provide procedural guidelines for administrative inspections and investigations to ensure compliance with real estate laws and protect public and developer rights.
The objectives include ensuring timely and proper development of projects, effective monitoring of real estate activities, uniform procedural guidelines for sanctions, protection of private rights, and consolidation of existing related rules.
The Rules cover land use projects with locational clearances in municipalities/cities without CLUP, subdivisions, condominiums, other real estate developments with necessary permits, other land use and real estate transactions, reports of alleged violations, and analogous monitoring cases by regional offices.
The Regional Officer of the HLURB has sole and exclusive jurisdiction to inspect, investigate, verify violations, examine records, and impose sanctions within their designated regional office.
The Regional Officer can issue cease and desist orders, recommend punishment for contempt, order search and seizure of documents, impose fines and penalties, and exercise other powers necessary to implement their mandates.
The Regional Officer issues a written authority for the inspection/investigation, designates inspectors, who then conduct site inspections and prepare reports within specified timeframes, following defined steps for notice, evaluation, and report submission.
Non-Field Investigation involves examining documents and records without site visits to determine violations, while Field Investigation involves an ocular inspection of the project site to verify facts and possible violations, conducted with written authority.
Penalties are classified as divisible (with minimum and maximum amounts), qualified (with either minimum or maximum only), and indivisible (fixed amount). Factors affecting penalties include aggravating, mitigating, alternative, and ineffectual circumstances as detailed in the Rules.
The process involves mediation for amicable settlement, verification of legal existence through documentation, conferences to exchange membership lists, membership confirmation survey, consideration of relevant factors, and issuance of an Order recognizing the legitimate association.
It starts with a verified petition by at least five members, showing grounds for removal and supporting documents; sufficiency evaluation by the Regional Office; a conference for evidence presentation; verification of signatories; and issuance of an order either dismissing or approving the removal and calling for elections.
Supervised elections may be conducted when ordered by court or HLURB decision, when elections were not held, or upon petition showing likelihood of election failure. The procedure includes petition filing, notice, creation of Special Elections Committee, setting election guidelines, conducting elections, and reporting results.
The Management Committee manages day-to-day operations to prevent loss or paralysis of the association, is composed of members nominated by parties and authorities, reports monthly, is immune from suits for good faith acts, and is discharged after new officers are elected or necessity ceases.
Appeals from the Regional Officer may be made to the Board of Commissioners within fifteen days from receipt, including interlocutory orders such as cease and desist orders. The Board applies HLURB Rules of Procedure for review.
The Regional Officer issues an order dismissing the case. The complainant or HLURB personnel may seek reconsideration within fifteen days. If reconsideration is denied, appeal may be taken to the Board of Commissioners within fifteen days.
Key timelines include 10 working days for document evaluation, 30 days for field investigation, 10 days for site inspection report submission, 5 days for unit head review, 10 days for Regional Officer evaluation, 10 days for comment on NORAV, and 5 working days for issuing final orders.