Question & AnswerQ&A (HLURB ADMINISTRATIVE ORDER NO. 01, S. 2018)
The title is the Revised Rules of Proceedings Before Regional Arbiters.
To protect and promote the constitutional right to speedy disposition of cases; provide a simplified and inexpensive procedure; streamline adjudicatory processes; and introduce innovations and best practices for the benefit of the underprivileged.
Arbiters are officers authorized by law and regulations to hear and resolve disputes filed under these Rules. They may be Regional Arbiters or Legal Services Group (LSG) Arbiters.
Regional Arbiters have exclusive jurisdiction over disputes involving laws implemented by the HLURB and other cases provided by law, unless jurisdiction is vested in another tribunal.
They hear claims for refunds, complaints against unsound real estate business practices, suits related to certificates of registration, development permits, disputes involving homeowners associations related to open spaces, and disputes involving easements within or among subdivision projects.
Filing an accomplished and verified Complaint (HLURB Case Form No. 01) with the Regional Field Office, attaching required documents, and paying the prescribed docket and legal fees.
The Arbiter shall render judgment based on the evidence presented by the complainant in the Complaint and attached documents.
It is a two-day process where the Arbiter defines the issues, explores settlement options through mediation/conciliation, and if no settlement is reached, requires submission of position papers and draft decisions.
If the complainant fails to appear, the complaint is dismissed with prejudice. If the respondent fails to appear, it is treated as failure to file an Answer, which may lead to judgment against them. Both parties failing to appear results in dismissal with prejudice.
Aggravating circumstances include fraud, lack or suspension of license, repeated violations, submission of falsified documents, vulnerability of victims, expertise in the trade, disrespect to HLURB officers, and other factors indicating moral depravity and dishonesty.