Question & AnswerQ&A (HIGC)
The HIGC is a government corporation created under Republic Act No. 580, as amended by Executive Orders Nos. 535 and 90, and is responsible for hearing and deciding homeowners' disputes.
A complainant is any person, natural or juridical, seeking relief for violation of law, rule, or regulation, or for enforcement of a legal right.
The HIGC has jurisdiction over disputes involving fraud or misrepresentation by the association's board or officers, intra-corporate controversies within the homeowners association, election or appointment controversies of officers, and suspension or revocation of the association's certificate of registration under certain grounds.
The proceedings are summary in nature, not bound by technical rules of evidence, but ensuring a fair and just hearing with due process observed.
By filing a verified complaint in triplicate with the appropriate filing fee. In cases of suspension or revocation of certificate, the action is commenced by the Legal Department of HIGC.
Only the complaint and the answer are allowed. Motions such as to dismiss, for new trial, extension of time, third-party complaints, and interventions are not allowed.
The respondent is declared in default, and the complainant may present evidence ex parte and demand the relief prayed for.
Powers include issuing injunctions, punishing for contempt, compelling meetings, deciding on proxies, issuing subpoenas, imposing fines, suspending or revoking certificates, and enlisting aid of enforcement agencies.
All proceedings for receiving evidence shall be terminated within three months from the first day of hearing, extendable only for exigent reasons with permission from the head of the agency.
An appeal must be filed within 15 days from receipt of the decision, with a notice of appeal, a memorandum stating grounds and arguments, and payment of a P200 appeal fee.
The Appeals Board may impose reasonable penalties including fines and censure on appellants and their counsel.
They apply in a suppletory character unless inconsistent with the HIGC Rules, preserving the summary nature of the proceedings.
They took effect 15 days after their publication in a newspaper of general circulation, and apply to all pending cases before HIGC.