Law Summary
Construction and Nature of Proceedings
- Rules to be liberally construed to promote welfare and speedy resolution.
- Proceedings before HLURB are summary in nature; Rules of Court apply only suppletorily.
Actions and Proceedings
- Definition: Suit filed for enforcement or redress of rights before HLURB.
- Order of proceedings: filing of verified complaint, summons and service, answer, mandatory conference, evidence submission, and notice of decision.
- Venue: Filed in Regional Field Office with jurisdiction over the project or homeowners association.
Parties, Representation, and Indigency
- Real parties in interest must prosecute or defend actions.
- Indigent litigants' qualifications and fee exemptions follow Supreme Court rules.
- Members of homeowners association may bring derivative suits on behalf of the association under specific conditions.
- Counsel appearance optional but with detailed identification and compliance requirements; non-lawyer representatives require special power of attorney.
Pleadings and Motions
- Filed in triplicate with proof of service.
- Mandatory pleadings include complaint, answer, and appeal memorandum.
- Prohibited pleadings and motions include motions to dismiss, bills of particulars, motions for reconsideration, interlocutory appeals, and others; filing does not toll prescriptive periods.
Complaints
- Must include caption, party details, cause of action facts, reliefs sought, signature, verification, and certification against forum shopping.
- Attachments include proof of filing fees, documentary evidence, and where applicable, association certifications or affidavits.
- Defective signature or verification may be corrected during mandatory conference; defective forum-shopping certification causes dismissal.
- Oppositions to HLURB applications treated as complaints, with special provisions for projects of national or regional significance.
Commencement of Actions
- Actions commence upon filing of complaint with payment of filing fees.
- Complaints filed by mail deemed commenced on mailing date but must include money order for fees.
- Non-payment or deficient payment of fees is a jurisdictional defect and ground for dismissal.
Arbiters
- Cases assigned by raffle to arbiters within 3 days.
- Arbiters have power to hear cases, subpoena, issue orders, impose penalties, and take judicial notice.
- Arbiter must inhibit from cases with personal interest or relation; parties may file motion for inhibition.
- In offices without arbiters, legal officers perform functions except decision-making.
Service and Summons
- Summons and notices served personally or by registered mail within prescribed periods.
- Electronic service via fax or email allowed with affidavit of proof.
- Proof of service is prima facie evidence.
Answer
- Respondents file verified answer within 10 days.
- Failure to answer leads to case submission for resolution.
Conference and Mediation
- Mandatory conference within 30 days for settlement, issue simplification, and evidence scheduling.
- Mediation conducted by arbiter or mediator; previous alternative dispute resolution may negate mediation.
- Mediation proceedings confidential with mandatory party appearance or representative with proper authority.
- Compromise agreements reduced to writing become immediately executory judgments.
Position Papers and Draft Decisions
- Filed simultaneously within 15 days after conference termination.
- May be accompanied by ocular inspection or clarificatory hearings.
Judgment by Arbiter
- Issued within 30 days from submission.
- Notices of judgment served within 3 days.
Board of Commissioners
- Composed of Chairman, four full-time, and four ex-officio Commissioners.
- Jurisdiction includes appeals of arbiters' decisions, local planning appeals, oppositions concerning locational clearances of major projects.
- Divided into regular and special divisions with quorum and dissent rules.
Appeal Process
- Appeals made by filing verified appeal memorandum within 15 days.
- Filing must include date of receipt of appealed decision, statement of facts, issues, grounds, reliefs, verification, proof of service, and appeal bond for money judgments.
- Counter-memorandum filed within 10 days.
- Appeal stays execution unless otherwise provided.
- New evidence may be admitted with time limits.
Dismissal of Appeal
- Grounds include late filing, failure to state receipt date, non-payment of fees or bond, non-compliance with rules, joint motion or withdrawal.
Judgment of the Board of Commissioners
- Resolution within 60 days from submission.
- No motion for reconsideration allowed.
Finality and Execution of Judgments
- Judgments become final and executory 15 days after receipt if no appeal filed.
- Execution upon motion with supporting documents; resolved by arbiter within 15 days.
- Execution pending appeal allowed with bond.
Provisional and Special Remedies
- Applicable to management committee creation, cease and desist orders, contempt, inspection of books and other remedies.
- Management committees created to manage associations temporarily, with rules on appointment, powers, immunity, reporting, and dissolution.
- Cease and desist orders require clear proof, bond, and are immediately executory.
- Appeals from such orders require supersedeas bond.
- Contempt includes direct (disorderly conduct) and indirect (disobedience) with fines and possible confinement.
Inspection of Books and Records
- Governed by specific petition rules stating enforcement of inspection rights and refusal by respondent.
- Arbiter acts promptly on filing; respondents answer within 10 days.
- Arbiter issues decision within 30 days.
Election Cases
- Election contests include disputes over home association elections, proxies, qualifications.
- Complaints filed within 10 days from association resolution or election/proclamation.
- Answer within 10 days; failure results in submission.
- Clarificatory conferences and decision within 30 days.
- Decisions immediately executory unless Board orders otherwise.
Legal Fees and Exemptions
- Fees follow HLURB-approved schedule and non-refundable.
- Government exempt except LGUs and GOCCs.
- Separate appeals by multiple parties require separate fees.
Final and Miscellaneous Provisions
- Separability clause provided.
- Repeals inconsistent prior HLURB orders.
- Effective fifteen days after publication.
This comprehensive procedural framework ensures expeditious resolution of housing and land use disputes within the HLURB jurisdiction, balancing regulatory enforcement, parties' rights, and administrative efficiency.