Rules for HIGC Homeowners Dispute Procedure

The Rules are to be liberally construed to fulfill the objectives of E.O. 535.
They aim to assist homeowners associations in achieving expeditious, inexpensive, and speedy dispute resolution.

HIGC has jurisdiction over cases involving:
- Fraud or misrepresentation by homeowners association officers or directors.
- Intra-corporate controversies within associations.
- Disputes regarding election, appointment, or eligibility of association officials.
- Suspension or revocation of association registration certificates based on legal grounds including fraud, misrepresentation, defiance of lawful orders, misuse of rights, inactivity, or failure to file reports.
Proceedings are summary in nature, not bound by technical rules of evidence but ensuring due process.

Actions commence by filing a verified complaint in triplicate with the required fee.
Legal Department may initiate revocation actions within five years of the grounds’ occurrence.
Allowed pleadings are complaint and answer; motions like dismissal, new trial, or third-party complaints are not allowed.
Complaints must clearly state parties, facts, and relief sought; answers must address defenses and compulsory counterclaims.

Summons issued upon complaint filing directs the respondent to answer within 15 days.
Failure to answer results in default and allows complainant to present evidence ex parte.

Hearings are conducted by hearing officers.
They have powers to:
- Issue preliminary or permanent injunctions.
- Punish for contempt.
- Compel association meetings.
- Validate proxy usage.
- Issue subpoenas and summon witnesses.
- Impose fines and penalties.
- Suspend or revoke association certificates based on specified grounds.
HIGC has incidental powers including enlisting government enforcement agencies.
Evidence reception must conclude within 3 months unless extended for exigent reasons.
Decisions must be rendered within 15 working days after evidence presentation.

Held within 15 days after the last answer submission.
Aims to explore settlement, amend pleadings, admit facts/documents, limit witnesses, and simplify issues.
Parties failing to appear may be non-suited or in default.
Judgments on pleadings or summary judgments may be issued if appropriate.
Amicable settlements are encouraged but must not harm public interest or contravene law.
Issues are defined clearly in an Order post-conference with deadlines for affidavits and evidence submissions.
Affidavits must contain facts of direct personal knowledge; violations may lead to disciplinary action and expungement.

The hearing officer may issue judgment based on pleadings and affidavits without formal hearing if justified.
If hearing is necessary, it is set with specifics on witnesses and issues.
Hearings should preferably conclude on the same date.
Judgment must be rendered within 15 days after trial termination.

Appeals from final decisions must be filed within 15 days to the HIGC Appeals Board.
The Appeals Board consists of HIGC top officials and decides by majority vote.
An appeal fee of P200 is required.
Appeal perfected by filing notice, memorandum with grounds, and paying fees.
Appellee may file reply memorandum within 10 days; failure to file is a waiver.
Entire case records are transmitted to the Appeals Board upon appeal perfection.
Penalties including fines and censure may be imposed for frivolous or dilatory appeals.
Decisions of the Appeals Board are final; further appeals follow the Revised Rules of Court.

The Revised Rules of Court apply suppletorily unless inconsistent with these Rules.
The summary nature of proceedings before HIGC must be preserved.

These Rules take effect 15 days after publication in a newspaper of general circulation.
Pending cases will be governed by these Rules.