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Republic of the Philippines

Office of the President


HOUSING AND LAND USE REGULATORY BOARD
Lupong Nangangasiwa sa Pabahay at Gamit ng Lupa

BOARD OF COMMISSIONERS

RESOLUTION NO. 980


Series of 2019

PROMULGATING THE 2019 REVISED


RULES OF PROCEDURE OF THE
HOUSING AND LAND USE REGULATORY BOARD

PuRsUANT TO Section 5 (c) and G), Executive Order No. 648, Series of 1981, as
amended by Executive Order No. 90, Series of 1986, and Executive Order No. 535,
Series of 1979, as amended by Section 26 of Republic Act No. 8763, and Republic Act
No. 9904, the Housing and Land Use RegulatoIY Board (HLURB) hereby adopts and
promulgates the following Rules of Procedure.

PART 1
COMMON PROVISIONS
Rule 1
TITLE AND CONSTRUCTION
Section 1. Title.- The following shall be known as the 2019 Revised Rules of
Procedure of the Housing and Land Use RegulatoIY Board, hereinafter referred to as
the "Rules".

Section 2. Coverage.- This Rules shall be applicable to the following disputes or


controversies:
(a) Actions concerning unsound real estate business practices filed by buyers;
(b) Claims involving refund and other claims filed by subdivision lotjhouse-and-Iot
or condominium unit buyer against the project owner, developer, dealer, broker
or salesman;
(c) Cases involving specific performance of contractual and statutoIY obligations
filed by subdivision lotjhouse-and-Iot or condominium unit buyer against the
project owner, developer, dealer, broker or salesman;
(d) Intra-association disputes or controversies arising out of the corporate relations
between and among members of homeowners associations; between any or all of
them and the homeowners association of which they are members;
(e) Inter-association disputes or controversies arising out of the relations between
and among two or more homeowners associations;
(f) Disputes between such homeowners association and the State insofar as it
concerns their individual franchise or right to exist and those which ary

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Sunnymede IT Center, 1614 Quezon Ave., Brgy. South Triangle, Quezon City
www.hlurb.gov.ph
intrinsically connected with the regulation of homeowners associations or
dealing with the internal affairs of such entity;
CO Disputes between a homeowners association and beneficial users of its services;
(g) Suits filed in opposition to an application for certificate of registration and license
to sell, development permit for condominium projects, clearance to mortgage,
and, when issued by the Regional Field Office of HLURB in appropriate cases,
locational clearances, zoning certifications or permits, including suits for the
revocation or cancellation thereof;
(h) Appeals from decisions oflocal and regional planning and zoning bodies; and,
(i) Other analogous cases.

Section 3. Construction.- This Rules shall be liberally construed in order to


promote the general welfare and to assist the parties in obtaining a just and speedy
determination of every action, application or proceeding.

Section 4. Nature of proceedings.- Proceedings before HLURB shall be


summary in nature. The provisions of the Rules of Court shall not be applicable
except in a suppletory character.

Rule 2
ACTIONS AND PROCEEDINGS
Section 5. Actions and Proceedings.- An action or proceedings means any suit filed
with HLURB by which one party sues another for the enforcement or protection of a
right or for the prevention or redress of a wrong.
Section 6. Order of Proceedings.- The following proceedings shall be uniform for all
cases filed before the Arbiter:
(a) The commencement of an action through the filing of a verified complaint and
upon payment of the required legal fees;
(b) Service of summons on the respondent, together with a copy of the complaint and
all attachments thereto;
(c) Filing of the answer;
(d) Mandatory conference and mediation;
(e) Submission of position paper/draft decision;
(f) Optional submission of additional evidence, if any;
(g) Writing of the Decision; and,
(h) Notice of the Decision.
Section 7. Venue.- All complaints or actions shall be filed in the Regional Field
Office which has jurisdiction over the area where the project involved is located or, in
cases of homeowners suits, in the Regional Field Office where the homeowners
association is registered.
cr
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Rule 3
REAL PARTY-IN-INTEREST, COUNSELS AND REPRESENTATIVES
Section 8. Parties.- Every action or proceeding must be prosecuted and defended in
the name of the real party-in-interest.
All natural or juridical persons who claim an interest in the subject matter of the
action or proceeding and in obtaining the relief demanded shall be joined and
referred to as "complainants".
All natural or juridical persons who claim an interest in the controversy or in the
subject matter thereof adverse to the complainant, or who are necessary to a
complete determination or settlement of the issues involved therein, shall be joined
and referred to as "respondents".
Section 9. Indigent Litigants.- Any party applying to litigate as an indigent and be
exempted from the payment of filing fees shall be required to submit a Certificate of
Indigency from the Department of Social Welfare and Development, its local District
Office or the Municipal Social Welfare & Development Office having jurisdiction over
the residence of the applicant or from the Chairman of the Barangay having
jurisdiction over the residence of the applicant.
Section 10. Derivative Suit.- A member of a homeowners association in good
standing may bring an action on behalf of the association provided that:
(a) The complainant was a member at the time the acts or transactions subject of the
action occurred and at the time the action was filed;
(b) The complaint alleges with particularity that reasonable efforts were exerted to
exhaust all remedies available under the association's articles of incorporation,
bylaws, laws or rules for the purpose of obtaining the relief prayed for; and,
(c) The complaint states a valid cause of action.
Section 11. Appearance of Counselor Representative.- The appearance of counsel
or representative is optionaL
(a) If a party is represented by counsel, the lawyer must indicate the following in the
pleadings:
(1) Mailing address which is not a post office box number, including the lawyer's
telephone/ cellular phone number and email address, if available;
(2) Roll of Attorneys Number;
(3) Current Professional Tax Receipt Number, including the date and place of
issue;
(4) IBP Official Receipt Number or IBP Lifetime Membership Number, including
the date and place of issue; and,
(5) Mandatory Continuing Legal Education Compliance or Exemption Certificate
Number and the date of issue.
(b) A non-lawyer who represents a party shall attach to the pleading a special power
of attorney authorizing such person to file the case and an affidavit duly executed
by the party represented stating the reasons why such person was so authOrizey

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(c) In case the real party-in-interest is out of the country, the special power of
attorney must comply with the required formalities for its execution, such as, but
not limited to, its authentication by the consular offices.
Cd) In case the party represented is a corporation, the representative shall attach to
the complaint, a board resolution authorizing such person to act on behalf of the
corporation.
Failure of the party to comply with the requirements herein shall render the pleading
as not filed.

Section 12. Mandatory Use of Forms or Templates by Parties Without Counsel. -


A complainant or respondent who is not represented by counsel shall use the
complaint and answer forms appended to this Rules either by filling out the same
manually, or by downloading a digital copy thereof from the HLURB website
(v"vvw.hlurb.gov.ph) and encoding the entries, or by using the fonus as template or
guide. All other applicable requirements under this Rules shall be complied with in
the filing of the complaint or answer using the form.

Rule 4
PLEADINGS, MOTIONS AND PRACfICE IN GENERAL
Section 13. Filing and Service of Pleadings and Motions. - Except for the
complaint which is governed by Section 18 of this Rules, all pleadings and motions
shall be filed with the appropriate unit of the Regional Field Office or Board of
Commissioners in triplicate with proof of service to the other parties.
Section 14. Pleadings Allowed.- Pleadings are either mandatory or discretionary.
Ca) Mandatory Pleadings.- Mandatory pleadings are those which are absolutely
necessary for the resolution of the case, such as, the Complaint, Answer, and
Appeal Memorandum.
(b) Discretionary Pleadings.- All other pleadings not prohibited may be filed. The
filing of these pleadings does not toll the reglementary periods and failure to file
the same shall not have any adverse effect on the rights of the parties.
Section 15. Prohibited Pleadings and Motions.- The following shall be considered as
prohibited pleadings and motions which shall not be entertained:
Ca) Motion to dismiss;
(b) Motion for a bill of particulars;
(c) Petition for relieffromjudgment;
(d) Motions for reconsideration in whatever stage of the proceedings;
(e) Appeal from any interlocutory order, except cease and desist orders;
(0 Motions for extension of time;
Cg) Motions for postponement except for justifiable reasons;
(h) Motion to admit pleadings filed beyond the reglementary period;
(i) Reply;
G) Fourth and subsequent party complaints; an'Zr'

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(k) Motion for clarification of final orders and decisions.

The filing of such pleadings or motions shall not interrupt the running of the
prescriptive period and shall not bar the adjudication of the case.
An opposition to a motion may be filed within five (5) days from the receipt of a copy
of the motion without waiting for a separate order therefor.

Rules
COMPLAINT
Section 16. Contents. - The complaint shall contain the following:
(a) Caption and Title.- In all cases filed before the Regional Field Offices, the party
initiating the action shall be called the "Complainant" and the opposing party the
"Respondent".
(b) Body.- The body of the complaint shall contain the full name of the real parties-
in-interest, whether natural or juridical, showing capacity to sue and to be sued,
status, mailing address and designation, and a concise statement of the ultimate
facts which support the complainant's cause of action, claims or reliefs, and the
date of preparation thereof.
(c) Relief.- The pleading shall specify the relief sought, but it may add a general
prayer for such other relief as may be deemed just or equitable.
(d) Signature.- The complaint must be signed and must contain the requirements
under Rule 3 hereof. The signature of counsel constitutes a certification that such
counsel has read the complaint; that to the best of such counsel's knowledge and
information, there is good ground to support it; and that it is not interposed for
delay.
(e) Verification.- A complaint is verified by an affidavit that the complainant has
read the complaint and that the allegations therein are true and correct of
complainant's own personal knowledge. A complaint based merely on
"information and belief' or upon "knowledge, information, and belief' shall be
dismissed.
(f) Certification Against Forum Shopping.- The complainant shall certify under
oath in the complaint or other initiatory pleadings asserting a claim for relief, or
in a sworn certification annexed thereto and simultaneously filed therewith that:
(1) The complainant has not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency and,
to the best of the complainant's knowledge, no such other action or claim is
pending therein;
(2) If there is such other pending action or claim, the complainant shall state the
status thereof; and,
(3) If the complainant should thereafter learn that the same or similar action or
claim has been filed or is pending, the complainant shall report that fact
within five (5) days therefrom to HLURB.

If it is proved that the complainant has engaged in deliberate forum-shopping,


the complaint shall be dismissed with prejudico/
Page S of 2S
(g) The following shall be attached to the complaint upon filing:
(1) Proof of payment of filing fees or Certificate of Indigency, when
applicable;
(2) Certified true copies of documentary evidence supporting the cause of
action; and
(3) In homeowners association cases, a certification issued by the chair of the
Election Committee in cases involving elections, or by the chair of the
Grievance Committee or any other committee constituted to resolve any
matter in controversy at the association level, as the case may be, stating
under oath that the parties have been invited to participate in the
proceedings to settle the dispute but that no amicable settlement was
reached.
In the absence of an Election Committee and Grievance Committee or refusal
to issue the certification, an affidavit attesting to this fact shall be made and
further stating that complainant has exhausted administrative remedies.
The above requirements shall apply to complainants represented by counsel and
those not represented by counselor using the prescribed complaint form. Non-
compliance with any of the above requirements shall be a ground for the dismissal of
the complaint without prejudice.

Section 17. Effects of Defective Signature, Verification and Certification of Non-


Forum Shopping.-
(a) Any defect in the signature or verification under paragraphs (d) and (e) of the
preceding section shall not result in the dismissal of the complaint but shall be
subject to correction during the mandatory conference. If the complainant
refuses to rectify the error as directed by the Arbiter, the Arbiter shall dismiss the
case without prejudice.
(b) Any defect of the certification against forum-shopping under paragraph (f) of the
preceding section shall be a ground for the dismissal of the complaint, without
prejudice.
Section 18. Opposition to Applicationfor a Permit, License or Clearance.- An
opposition to an application for clearance, permit or license shall be treated as a
complaint and all other provisions of Rule 5 of this Rules shall, except as otherwise
provided, apply to such oppositions.
An opposition to an application for locational clearance for projects of national
or regional significance, if filed with the Regional Field Office, shall be elevated
to the Board of Commissioners which shall assume original jurisdiction and
resolve the opposition. All projects are presumed to be of local significance
unless otherwise declared by the National Economic and Development
Authority (NED A).
The rules pertaining to contested applications for license, permit or clearance shall
apply to cases filed for the revocation thereof.
Decisions of the Board of Commissioners with respect to permits, licenses or
clearances shall be immediately executory notwithstanding any appeal therefrom.

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Rule 6
COMMENCEMENT OF ACTION OR PROCEEDINGS

Section 19. When Action is Deemed Commenced.- An action is deemed commenced


upon the filing of a verified complaint with the Regional Field Office, in triplicate
plus such number of copies as there are respondents, with supporting documents,
and upon payment of the required filing fees, except in appropriate cases where
the complainant is litigating as an indigent.
Section 20. Complaint Filed by Registered Mail.- If the complaint is filed by
registered mail, the action is deemed commenced on the date of mailing. The
complainant shall attach to the complaint a postal money order in the amount of the
filing fees, payable to HLURB. The non-inclusion of the said money order shall be
cause for dismissal of the complaint.
Section 21. Filing Fees.- The complainant is required to pay the filing fees, as
determined by the Regional Field Office, at the time of the filing of the
complaint.
(a) Effect of non-payment of filing fees.- The non-payment of the filing fees at the
time of the filing of the complaint is a jurisdictional defect which shall be cause
for the dismissal of the complaint without prejudice.
(b) Effect of deficient payment of filing fees.- Failure to fully pay the filing fees
within five (5) days from notice of deficiency, as subsequently determined by the
Arbiter, shall be a ground for the dismissal of the complaint without prejudice.

PART 2
PROCEEDINGS BEFORE THE ARBITER
Rule 7
CASE ASSIGNMENT, POWERS, INHIBITION

Section 22. Assignment of Case by Raffle to an Arbiter.- Upon filing of the


complaint and the payment of the filing fees, the Regional Field Office shall, within
three (3) days, assign the case by raffle to an Arbiter.
Section 23. Duty of the Arbiter upon the Filing of the Complaint.- Within ten (10)
days from receipt of the case docket, the Arbiter shall dismiss the complaint upon
finding that the case does not fall within the jurisdiction of the HLURB, the
complaint fails to state a cause of action, or the same is not sufficient in form and
substance.
Otherwise, the Arbiter shall issue the summons, within the same period, which shall
be served, together with a copy of the complaint, on the respondent.
Section 24. Powers of the Arbiter.- The Arbiter shall have the following powers:
(a) To hear and decide cases cognizable by HLURB consistent with this Rules;
(b) To issue subpoena ad testificandum and subpoena duces tecum;
(c) To issue cease and desist orders and other provisional remedies allowed under
this RUlecy
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(d) To take judicial notice of the corporate records of the association or technical
docket of the subdivision or condominium project where necessary;
(e) To cite and/or declare any person in direct or indirect contempt on grounds and
in the manner prescribed in the pertinent provisions of Executive Order No. 648,
Series of 1981, and the Rules of Court;
(D To impose fines and/or other penalties for violation of this Rules and related laws
and regulations, or any order, resolution, or decision of HLURB;
(g) To issue writs of execution and special orders resolving incidents related thereto;
and
(h) To perform such other powers and functions as may be assigned by the Board of
Commissioners.

Section 25. Inhibition of the Arbiter.-


(a) Mandatory Inhibition.- The Arbiter shall inhibit from adjudicating a case on
any of the following grounds:
(1) The Arbiter's spouse, child or relative within the sixth degree of consanguinity
or affinity is directly or indirectly interested in the subject of the litigation;
(2) The Arbiter is related to either of the parties or their counsel within the sixth
degree of consanguinity or affinity; or
(3) The Arbiter has participated as counsel in the same case.
(b) Discretionary Inhibition.- The Arbiter may motu proprio inhibit from
handling a case by issuing an order stating any of the above grounds or any
other justifiable grounds as basis for the inhibition.
Section 26. Procedure for Inhibition.- The party seeking the inhibition of an
Arbiter shall file a motion for inhibition stating the grounds with the evidence in
support thereof. Thereafter, the Arbiter shall rule on the motion.
Section 27. Reassignment of Cases upon Inhibition of Arbiter.- When an Arbiter
inhibits from hearing or adjudicating a case, the Regional Officer shall raffle the case
to another arbiter. In the absence of other arbiters in the Regional Field Office, the
records of the case shall be immediately transmitted to the Legal Affairs Group.
Section 28. Procedure in Regional Field Offices without Arbiter.- In case a
Regional Field Office does not have an Arbiter, the duly authorized Legal Officer of
the Regional Field Office shall perform the functions of an Arbiter except to decide
the case, to issue cease and desist orders and other provisional remedies and to cite
parties in contempt which shall be performed by the Legal Affairs Group.
When the parties have filed their respective position papers or the case is deemed
submitted for resolution, the Legal Officer shall, within five (5) days therefrom and
with notice to the parties, transmit the records of the case to the Legal Affairs Group
for resolution.
The Director of the Legal Affairs Group shall, within three (3) days from receipt
thereof, assign the case by raffle to a Legal Affairs Group Arbiter who shall resolve
the case within a period of sixty (60) days from assignment. After resolution, the
records of the case shall then be remanded to the Regional Field Office of origin for
the release and service of the judgment to the parties.

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RuleS
SERVICE IN GENERAL
Section 29. Service of Notices, Resolutions, Orders and Decision: In General.- As
authorized by the Arbiter, notices and copies of orders, resolutions, and decisions,
shall be served on the parties and/or counsel of record personally through the
process server, by registered mail, or by private courier service; provided, that in
special circumstances, service of notices may be effected in accordance with the
pertinent provisions of the Rules of Court.
Section 30. Service of Notices Through Electronic Means.- Notices may be served
and effected to the parties through facsimile or electronic mail; provided, the party
serving such notice attaches an affidavit explaining how such notice was effected and
the manner of receipt of such notice was verified.
Section 31. Proof and Completeness of Service.- The return is prima facie proof of
the facts indicated therein. Service by registered mail or by private courier service is
complete upon receipt by the addressee or his agent; but if the addressee fails or
refuses to claim such mail matter from the post office within five (5) days from the
date of first notice of the postmaster, service shall take effect after such time.

Rule 9
ISSUANCE AND SERVICE OF SUMMONS
Section 32. Issuance, Service and Return of Service of Summons.- Upon
determination that the complaint is sufficient in form and substance, the Arbiter
shall forthwith issue summons to the respondent. The process server, as authorized
by the Arbiter, shall serve the summons, together with a copy of the complaint and
all the attachments filed, upon the respondent in accordance with this Rules.
Summons may also be served by registered mail, by private courier service, or, in
special circumstances, by other means sanctioned by Rule 8 of this Rules and the
Rules of Court.

The return of service of summons shall be submitted to the Regional Field Office
stating legibly therein the process server's name, the names of the persons served,
and the date of receipt, which return shall be immediately attached and form part of
the records of the case. In case of service by registered mail or by private courier
service, the process server shall write in the return the names of persons served and
the date of mailing of the summons. If no service was effected, the process server
shall state the reason therefor in the return.

Rule 10
VERIFIED ANSWER
Section 33. Verified Answer or Responsive Pleading.- The respondent shall
file a verified answer or responsive pleading, together with supporting
documents within a non-extendible period of ten (10) days from receipt of the
summons, furnishing complainant a copy thereof.
All grounds for a motion to dismiss, counterclaim, or cross-claim must be pleaded or
incorporated in the answer; otherwise, these shall be deemed waiV

1
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Rule 11
DEFAULT

Section 34. Declaration of default. - Except as provided under Section 73 of this


Rules, the Arbiter, upon motion of the complainant with proof of service to the
respondent, declare the respondent in default if the respondent fails to answer or file
a responsive pleading within ten (10) days from service of summons.

Section 35. Motion to lift order of default and admit answer. - A motion to lift the
order of default and admit the answer attached thereto, may be filed by the party
declared in default, with proof of service to the opposing party, within five (5) days
from receipt of the order of default.

The motion must be accompanied by an affidavit of merit showing fraud, accident,


mistake or excusable negligence, and meritorious defense. Thereafter, the Arbiter
shall resolve the motion. The denial or grant of the motion to lift order of default is
not appealable but may be raised as an error on appeal.

Section 36. Effect of order of default. - The Arbiter, upon declaring a party in
default, shall direct the complainant to file within ten (10) days his verified position
paper and draft decision, together with supporting documents, after which the case
shall be deemed submitted for resolution. The party declared in default shall be
entitled to notice of subsequent proceedings but shall not be allowed to take part
therein.

Where the order of default is lifted, the answer shall be admitted and the Arbiter
shall set the case for mandatory conference.

Section 37. Review ofjudgment by default. - If a judgment by default is rendered,


the party declared in default when aggrieved by such judgment may file an appeal
therefrom in accordance with Part 5 of this Rules. Whatever defense respondent may
have against the complainant may still be raised on appeal.

Rule 12
CONFERENCE, MEDIATION AND AMICABLE SETTLEMENT
Section 38. Mandatory Conference.- The conduct of conference, including
mediation, is mandatory provided the period to conclude the same shall not exceed
thirty (30) calendar days from the date of initial conference.
Within five (5) days from receipt of the Answer, the Arbiter shall issue the notice for
the conduct of mandatory conference for the following purposes:
(a) To consider the possibility of an amicable settlement through mediation;
(b) The scheduling by the Arbiter of the mediation which shall be signed by the
parties and shall serve as notice to them;
(c) The definition and simplification of the issues;
(d) The possibility of entering into admissions or stipulations of facts;

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(e) The submission by the parties of additional documentary evidence; and,
CD The resolution of all other preliminary matters.

The holding of the mandatory conference shall be terminated within thirty (30) days
from the date of initial conference unless all parties agree to an extension which shall
in no case exceed thirty (30) days.

Section 39. Mediation Proceedings.- Mediation proceedings shall be conducted by


the Arbiter or a Mediator assigned by the Arbiter. However, when conciliation or
other alternative modes of dispute resolution have already been resorted to prior to
the filing of the case, mediation proceedings shall no longer be conducted, unless all
the parties agree otherwise.
Prior to the conduct of mediation proceedings, the Arbiter or Mediator shall explain
to the parties the objectives, nature and rules of the mediation and thereafter,
facilitate the communication and negotiation between the parties in order to assist
them in reaching an agreement to settle the dispute in whole or in part.
Section 4Q::Confidentiality of Mediation Proceedings.- All information obtained
during the mediation proceedings shall be confidentiaL
Section 41. Appearance of Parties Mandatory.- The appearance of parties in the
mediation proceedings is mandatory. In case the parties cannot be personally
present, their representative shall be clothed with the proper special power of
attorney or board resolution, as the case may be, with full power to enter into a
compromise agreement or settlement. Such authority shall be presented to the
Arbiter or Mediator before the commencement of the mediation proceedings.
Section 42. Effect of Failure to Appear in the Mediation Proceedings.- When a
party fails to appear personally or through a representative during the scheduled
mediation proceedings, the party present may move either for the termination of the
proceedings or for the resetting thereof, in accordance with the schedule set at the
initial conference.
Section 43. Compromise Agreement and Judgment Upon Compromise.- If a
compromise is reached, the agreement shall be reduced in writing, signed by the
parties and attested to by the Arbiter or Mediator. When conducted by the latter, the
Mediator shall return the case to the Arbiter together with the compromise
agreement. The Arbiter shall forthwith render judgment based on the compromise
agreement which shall be immediately final and executory.
Section 44. Termination of Mediation Proceedings.- Where no compromise or
settlement is reached the Arbiter or Mediator conducting the mediation shall
terminate the proceedings and issue a certificate attesting thereto.

Rule 13
POSITION PAPERS AND DRAFf DECISIONS
Section 45. Position Papers and Draft Decisions.- Upon the termination of the
mandatory conference or mediation proceedings, the Arbiter shall issue an order
directing the parties to file within fifteen (15) days from the receipt thereof their
respective position papers, jointly verified by the parties, attaching thereto t h V

Page 11 of 25
affidavits of their witnesses and documentary evidence, as well as their draft
decisions as provided for under Executive Order No. 26, Series of 1992.
Said position papers and draft decisions, which shall be submitted in both printed
and editable digital formats, shall state clearly and distinctly the facts, the issues and
applicable laws and jurisprudence on which they are based.
Section 46. Ocular Inspection and/or Clarificatory Hearings.- At any time before
the case is resolved, the Arbiter may require an ocular inspection of the project or
conduct clarificatory hearing provided the same is held within the sixty (60)-day
period for the resolution of the case.

Rule 14
JUDGMENT OF THE ARBITER
Section 47. When Case Deemed Submitted for Resolution.- A case is deemed
submitted for resolution when the parties have filed their respective position papers
and draft decisions or when the period to file the same expires.
Section 48. Judgment.- The Arbiter shall resolve the case within sixty (60) days
from the date the case is deemed submitted for resolution. All pending motions as
well as those unresolved incidents filed after the submission of the case for resolution
shall be resolved in the judgment.
Section 49. Notice of the Judgment to the parties.- The Arbiter, through a process
server or by registered mail or private courier service, shall forthwith send a copy of
the judgment to the counsel of record or to the parties themselves when not
represented by counsel. When a party represented by counsel personally or directly
obtains from the Regional Office a copy of the judgment ahead of the counsel's
receipt, such party is deemed officially notified of the judgment on that date, and the
running of the period to appeal shall be reckoned therefrom.

Section 50. No Motion for Reconsideration of Arbiter's Decision.- No motion for


reconsideration shall be allowed nor entertained from the judgment of the Arbiter
and the filing of the same shall not toll the reglementary period to file an appeal.

PART 3
PROVISIONAL AND SPECIAL REMEDIES
Rule 15
GENERAL PROVISIONS
Section 51. Coverage.- This Rules shall be applicable to the following provisional
and special remedies, which include:
(a) Creation of Management Committee;
(b) Cease and Desist Order;
(c) Contempt;
(d) Inspection of Books and Records; and,
(eJ Other applicable provisional and special remedies in the Rules of Co~

Page 12 of 25
Remedies are provisional when they are availed of as an incident to and during the
pendency of the main case. If not included in the initiatory pleading, provisional
remedies may be availed of by way of a motion.

Remedies are special when availed of as the principal relief in a verified petition or
verified complaint in accordance with Section 16 of this Rules.
Section 52. Executory Nature of Judgments.- All judgments under this Part of the
Rules shall be immediately executory, without prejudice to the filing of an appeal
therefrom, in accordance with Part 5 of this Rules.

Rule 16
MANAGEMENT COMMITTEE
Section 53. Creation of a Management Committee.- The Arbiter or the Board of
Commissioners having jurisdiction over the case may, upon a verified petition or
motion by any of the parties, create a management committee for the homeowners
association to carry out the day-to-day operations of the association until a new set of
officers is elected. The members of the management committee are considered agents
of the HLURB and shall be under the control and supervision of the Arbiter, Board of
Commissioners or its authorized representative, as the case may be.
The committee shall be composed of at least three (3) members, one each chosen by
the parties and the third by the Arbiter or Board of Commissioners from a list of
nominees submitted by the parties. In the event that one or both parties fail or refuse
to nominate a member, the Arbiter or Board of Commissioners shall appoint such
member or members. The members of the management committee shall not be
eligible to run in the next election.
Section 54. Grounds for the Creation of A Management Committee.- No petition
for the creation of the committee shall be granted unless it is established that no
other adequate remedy is available and the same is necessary:
(a) To avert dissipation, loss, wastage or destruction of assets or other properties of
the association;
(b) To prevent paralyzation of operations which may be prejudicial to the interest of
the members and the general public; or,
(c) When the election of the incumbent officers has been declared null and void and
the hold-over of the previous board shall frustrate or render nugatory the
invalidation of the election.
Section 55. Action by Management Committee.- A majority of its members shall be
necessary for the management committee to act or decide on any matter. The
chairman of the management committee shall be chosen by the members from
among themselves.
All official acts and transactions of the management committee shall be approved
and ratified by the Arbiter, Board of Commissioners or its duly authorized
representative, as the case may be.
Section 56. Reimbursement of Expenses.- The management committee and
persons hired by it shall be entitled to reimbursement of reasonable expenses, as
approved by the Arbiter, Board of Commissioners or its authorized representative, as

Page 13 of 25 ~
the case may be, which shall be considered as administrative expenses of, and
shouldered by, the homeowners association.
Section 57. Immunity from Suit.- The members of the management committee and
the persons employed by it shall not be subject to any action, claim or demand in
connection with any act done or committed by them in good faith in the exercise of
their functions and powers.
Section 58. Reports.- Within a period of thirty (30) days from their appointment
and every month thereafter, the members of the management committee shall
submit a report to the Arbiter, Board of Commissioners or its duly authorized
representative, as the case may be, copy furnished the Regional Field Office where
the association is registered, on the state and condition of the association under
management.
Section 59. Discharge of the Management Committee.- The management
committee shall be deemed discharged and dissolved under the following
circumstances:
(a) Whenever the Arbiter, Board of Commissioners or its authorized representative,
as the case may be, on motion or motu proprio, has determined that the necessity
for the management committee no longer exists; or,
(b) Upon termination or final disposition of the proceedings, including the election
and qualification of a new board of directors and officers of the association.
Upon its discharge and dissolution and within such reasonable time as the Arbiter,
Board of Commissioners or its authorized representative, as the case may be, may
allow, the management committee shall submit its final report, render an accounting
of its management, and turn-over all records and assets of the association to the duly
qualified officers of the association.

Rule 17
CEASE AND DESIST ORDER
Section 60. Cease and Desist Order.- A cease and desist order is a remedy directing
a party to refrain from doing a particular act or acts pending the resolution of the
case.
Section 61. Application for Cease and Desist Order.- Upon the Arbiter's receipt of
the complaint with application for the provisional relief of a cease and desist order,
the Arbiter shall, simultaneously with the issuance of the summons, set the
application for hearing not later than five (5) days from the issuance of such
summons and notice.
Section 62. Grounds for the Issuance of Cease and Desist Order.- No cease and
desist order shall be issued unless it is clearly established by competent proof that all
of the following concur:
(a) The adverse party is doing, threatening or is about to do, is procuring to be done,
some act probably in violation of existing laws and/or regulations being
implemented by HLURB, or of applicant's rights respecting the subject of the
action, tending to render the judgment ineffectua~

Page 14 of 25
(b) The applicant is entitled to the relief demanded, and the whole or part of such
relief consists in restraining the commission or continuance of such act or acts,
either for a limited period or perpetually; and,
(c) The commission or continuance of such act complained of would cause grave and
irreparable injury to the applicant.
Section 63. Cease and Desist Order Bond. If the application for issuance of a cease
and desist order is granted, the Arbiter shall require the applicant to file a bond to
answer for whatever damages that the adverse party may sustain by reason of the
order, if it should be later decided that the applicant is not entitled thereto.

Section 64. Effectivity of Cease and Desist Order.- An order to cease and desist
from performing any act shall be immediately executory, without prejudice to the
filing of an appeal by way of a petition for review of the issuance or denial thereof in
accordance with the succeeding section.

Section 65. Review of Cease and Desist Order; Effect - A party aggrieved by the
Arbiter's grant or denial of the application or motion for issuance of a Cease and
Desist Order may appeal therefrom by filing a petition for review thereof on any legal
ground before the Board of Commissioners within fifteen (is) days from the receipt
of the order. Within five (S) days from the receipt of the petition for review, the
Arbiter shall elevate the petition together with a duplicate copy of the case records to
the Board of Commissioners. The filing of the petition shall not automatically stay
such Cease and Desist Order and shall not suspend the proceedings on the main
case. An order issued by the Board of Commissioners staying or lifting the cease and
desist order shall be immediately executory unless enjoined by the Office of the
President or Court of Appeals, as the case may be.

Rule 18
CONTEMPT
Section 66. Direct Contempt.- Any person, entity, or enterprise who commits any
disorderly or disrespectful conduct before the Board of Commissioners, its members,
or Arbiters or Mediators, or in the presence of such officials actually engaged in the
exercise of their official functions or during the conduct of any hearing or official
inquiry, at the place or near the premises where such hearing or proceeding is being
conducted, will obstruct, distract, interfere, or in any other way disturb, the
performance of such functions of the conduct of such hearing or proceeding, said
person, entity, or enterprise, shall be declared in direct contempt, motu proprio or
upon motion, and may summarily be imposed a fine of P2,OOO.oo and/or ordered
confined for a period that shall not exceed the duration of the hearing or proceeding
or the performance of such functions.
Section 67. Indirect Contempt.- Any person, enterprise, or entity who fails or
refuses to comply with or obey without justifiable reason any lawful order, decision,
writ, or process of the Board of Commissioners or its Arbiters or Mediators, or any of
its authorized officials, said person, enterprise, or entity shall, upon motion, be
declared in indirect contempt and may, in addition to the fine of P2,OOO.oo, be
imposed a fine of Psoo.oo for each day that the violation or failure or refusal to
comply continues, and/or order the confinement of the offender until the order or
decision shall have been complied with. In case the offender is a partnersh~

Page 15 of 25
corporation, or association or enterprise, the above fine shall be imposed on the
assets of such entity and the president, managing partner, or chief executive officer
thereof shall be ordered confined.

Rule 19
INSPECTION OF BOOKS AND RECORDS
Section 68. Coverage.- This Rule shall apply to disputes where the only cause of
action involves the rights of homeowners to inspect the books and records of the
homeowners association and/or to be furnished with the financial statements or
reports required by HLURB.
Section 69. Petition for Inspection of Books and Records.- In addition to the
requirements of a complaint in Section 16 of this Rules, the petition must also allege
and support the following:
(a) The petition is for the enforcement of complainant's right to inspect association
books and records and/or to be furnished with financial statements and reports
mentioned under the preceding section;
(b) A demand for the inspection and photocopying of books and records and/or to be
furnished with financial statements was made by the complainant upon the
respondent;
(c) The respondent refused to grant the demands of the complainant; and
(d) The refusal of the respondent to grant the demands of the complainant IS
unjustified and illegal, stating the law and/ or jurisprudence in support thereof.
Section 70. Duty of the Arbiter upon the Filing of the Petition.- Within ten (10)
days from receipt of the petition, the Arbiter shall dismiss the same upon finding that
the case does not fall within the jurisdiction of the HLURB or the same is not
sufficient in form and substance. Otherwise, the Arbiter shall issue the summons,
within the same period, which shall be served, together with a copy of the petition, on
the respondent.
Section 71. Answer to the Petition for Inspection of Books and Records.- The
respondent shall file an answer to the petition, serving a copy thereof upon the
petitioner, within ten (10) days from receipt of the summons. In addition to the
requirements in Section 33 of this Rules, the answer must state the following:
(a) The grounds for the refusal of the respondent to grant the demands of the
complainant;
(b) The conditions or limitations on the exercise of the right to inspect, which should
be imposed by the Arbiter, if the right to inspect is granted; and,
(c) The cost of inspection, including manpower and photocopying expenses, if the
right to inspect and to be furnished copies of the documents is granted.
Section 72. Affidavits, Documentary and Other Evidence.- The parties shall attach
to the complaint and answer the affidavits of witnesses as well as documentary and
other evidence in support of the allegations.
Section 73. Effect of Failure to Answer.- If the respondent fails to file a verified
responsive pleading or answer within the reglementary period, the Arbiter shall,
within ten (10) days from the lapse of said period, render jUdgmen¥

Page 16 of25
Section 74. Decision.- The Arbiter shall render a decision based on the pleadings,
affidavits, documentary and other evidence attached thereto within thirty (30) days
from receipt of the last pleading. A decision ordering the respondent to allow the
inspection of books and records and/or to furnish copies thereof shall also order the
complainant to deposit the estimated cost of the manpower necessary to produce the
books and records and the cost of copying, and state, in clear and categorical terms,
the limitations and conditions to the exercise of the right allowed or enforced.

PART 4
ELECTION CASES
Rule 20
ELECTION CONTEST
Section 75. Definition.- An election contest refers to any controversy or dispute
involving title or claim to any elective office in a homeowners association, the
validation of proxies, the manner and validity of elections, and the qualification or
disqualification of candidates, including the proclamation of winners and
assumption to the office of directors, trustees or other officers elected by the
members of a homeowners association where the articles of incorporation or bylaws
so provide.

Section 76. Filing of Election Contest.- In addition to the requirements in Section


16 of this Rules, the complaint in an election contest must state that the case was
filed within ten (10) days from receipt of the resolution of the controversy by the
Election Committee as provided in its bylaws. If the bylaws of the association do not
provide for a procedure for resolution of the controversy, the complaint shall be filed
within ten (10) days from the date ofthe election or proclamation, whichever is later.
Section 77. Duty of the Arbiter Upon the Filing of the Complaint.- Upon finding
that the complaint does not fall within the jurisdiction of HLURB or the same is not
sufficient in form and substance, the Arbiter shall dismiss the complaint within ten
(10) days from the date of raffle. Otherwise, the Arbiter shall issue the summons
which shall be served, together with a copy of the complaint, in accordance with Rule
9 of this Rules.
Section 78. Answer.- Within ten (10) days from receipt of summons and a copy of
the complaint, the respondent shall file an answer with proof of service to the
complainant.

Section 79. Clarificatory Conference.- At any time before the case is resolved, and
within the period of sixty (60) days for the resolution of the case, the Arbiter may call
a clarificatory conference to examine election-related documents or require
submission of additional evidence to clarify certain factual issues pertinent to the
resolution of the controversy.
Section 80. Decision.- The Arbiter shall render a decision based on the pleadings,
affidavits, documentary and other evidence on record within a period of sixty (60)
days after the case is submitted for resolution.
Section 81. Executory Nature of Decision.- Decisions rendered in election contests
shall be immediately executory notwithstanding any appeal made under Part 5 of this
Rules, unless otherwise ordered by the Board of commiSSioner¥,

Page 17 of 25
Section 82. Applicability to Plebiscites, Referendum and other Electoral Exercises.
The rules on election contests shall also be applicable to the conduct of plebiscite,
referendum, and other initiatives involving the association members' exercise of the
right of suffrage.

PART 5
PROCEEDINGS ON APPEAL
Rule 21
BOARD OF COMMISSIONERS

Section 83. Composition.- The Board of Commissioner;i.. is composed of the


Chairman, four (4) full-time Commissioners and four (4) ex-dfficio Commissioners
representing the National Economic and Development Authoflty, the Department of
Justice, the Department of the Interior and Local Government, and the Department
of Public Works and Highways.
Section 84. Jurisdiction of the Board of Commissioners.- In the exercise of its
adjudicatory authority, the Board shall have jurisdiction over the following cases:
(a) Appellate jurisdiction over judgments of Arbiters;
(b) Appellate jurisdiction over final orders or issuances of the Regional Officer in the
exercise of regulatory functions;
(c) Appellate jurisdiction over decisions of local and regional planning and zoning
bodies;
(d) Original jurisdiction over oppositions to applications for locational
clearance for projects of national or regional significance; and,
(e) Such other cases as provided by law.

Section 8S. Divisions and Functions of the Board of Commissioners.-


(a) Divisions.- The adjudicatory functions of the Board of Commissioners shall be
exercised through its four (4) Regular Divisions, consisting of two (2) full-time
Commissioners and one (1) ex-officio Commissioner, and the Special Division,
consisting of the four (4) full-time Commissioners.
(b) Quorum.- The presence of at least two (2) Commissioners in a regular Division
and three (3) Commissioners in the Special Division shall constitute a quorum.
The concurrence of a majority of the Commissioners present and constituting a
quorum in a Division meeting shall be necessary for the promulgation of a
judgment.
(c) Dissenting Opinion.- A member of a Division may dissent from the decision of
the majority by writing a dissenting opinion.
(d) Inhibition.- No motion to inhibit the entire Division of the Commission shall be
entertained. However, any Commissioner may inhibit from the consideration and
resolution of any case or matter before the Division and shall so state in writing
the legal or justifiable grounds therefo~

Page 18 of 25
(e) Consolidation of Cases.- Appealed cases involving the same parties, issues, or
related questions of fact or law may be consolidated before the Division to which
the case with the lowest case number is assigned.

Rule 22

APPEAL MEMORANDUM AND COUNTER-MEMORANDUM


Section 86. Allowed Pleadings.- The only pleadings allowed on appeal are the
appeal memorandum and the counter-memorandum. Unless otherwise directed by
the Board of Commissioners, no other pleadings shall be allowed and the filing
thereof shall not toll the period for the resolution of the appeal.

Rule 23
APPEAL FROM THE JUDGMENT OF THE ARBITER
Section 87. Appeal Memorandum.- An appeal may be taken from the Decision of
the Arbiter on any legal ground and upon payment of the appeal fee, by filing with
the Regional Field Office a verified appeal memorandum in three (3) copies within
fifteen (15) days from receipt of the assailed decision.
Within five (5) days from receipt of the appeal memorandum, the Regional Field
Office shall elevate the records of the case to the Board of Commissioners together
with the summary of proceedings.
Section 88. Contents ofAppeal Memorandum.-
(a) Title and Caption.- The heading shall state that the case is filed under the
jurisdiction of the HLURB. The caption shall be the same as that stated in the
original case but the party appealing shall be additionally designated as the
"Appellant" and the party against whom the appeal is made as the "Appellee";
(b) Statement of Date of Receipt of Appealed Decision.- The statement of the date
when the appellant received a copy of the Decision appealed from;
(c) Statement of the Facts and Incidents.- The summary of the facts leading to the
filing of the case, or giving rise to the omission or commission of the acts
constituting the cause of action or defense, and the proceedings conducted,
inclusive of the material dates;
(d) Statement of the Issues.- The issues to be resolved in tb.e appeal;
(e) Statement of the Grounds for the Appeal. - The grounds upon which the appeal is
based;
(0 Reliefs.- The ultimate claims of the parties;
(g) Verification.- The verification which shall be in accordance with Section 15 (e) of
this Rules;
(h) Affidavit of service to the other party.- An affidavit stating the date of service of
the appeal memorandum upon the other party with proof of receipt if personally
served, or the original of the registry return receipt of the Philippine Postal
Corporation, or official receipt for dispatch by a private courier;
(i) Appeal Bond.- In case of money judgment, either as principal or alternative
relief, an appeal bond in cash or manager's check posted with the Board or sure~

Page 19 of 25 r
bond in accordance with the succeeding section, equivalent to the amount of the
award and actual damages, excluding interests, other damages, attorney's fees,
and cost of suit.
Section 89. Requirements of the Surety Bond.-
(a) Formal Requirements.- A surety bond shall be issued by a reputable bonding
company duly accredited by the Supreme Court, and shall be accompanied by
original or certified true copies of the following:
(1) A joint declaration under oath by the appellant and the bonding company,
attesting that the bond posted is genuine, and shall be in effect until final
disposition of the case;
(2) An indemnity agreement between the appellant and bonding company;
(3) Proof of security deposit or collateral securing the bond, provided that a
check shall not be considered as an acceptable security;
(4) Certificate of authority from the Insurance Commission;
(5) Certificate of registration from the Securities and Exchange Commission;
(6) Certificate of authority to transact surety business from the Office of the
President;
(7) Certificate of accreditation and authority from the Supreme Court; and,
(8) Notarized board resolution or secretary's certificate from the bonding
company showing its authorized signatories and their specimen signatures.
(b) Validity.- An appeal bond in cash or surety shall be valid and effective from the
date of deposit or posting until the case is finally decided, resolved, or
terminated, or the award satisfied. This condition shall be deemed incorporated
in the terms and conditions of the surety bond, and shall be binding on the
appellant and the bonding company.
The appellant shall furnish the appellee with a certified true copy of the said
surety bond with all the above-mentioned supporting documents. The appellee
shall verify the regularity and genuineness thereof and immediately report any
irregularity to the Board of Commissioners. Upon verification by the Board of
Commissioners that the bond is irregular or not genuine, the Board of
Commissioners shall immediately dismiss the appeal, and censure or cite in
contempt the responsible parties and their counsels, or subject them to
reasonable fine or penalty.
Section 90. Counter-Memorandum.- Upon receipt of a copy of the appellant's
memorandum and without waiting for any separate order from the Board of
Commissioners, the appellee shall file a counter-memorandum in three (3) copies
within a non-extendible period of ten (10) days from receipt of the appellant's
memorandum, with proof of service to the appellant.
Section 91. Effect of Filing an Appeal.- The appeal shall stay the execution of any
decision or order of the Arbiter unless otherwise provided in this Rules.
Section 92. Admissibility of New Evidence on Appeal.- The Board of
Commissioners may, in the evaluation of the appeal, order reception of evidence,
r
order the conduct of clarificatory hearings or ocular inspection, take judicial notice

Page 20 of 25
other corporate records of the association or technical docket of the project where
necessary.

Rule 24

APPEAL FROM A FINAL ORDER OR ISSUANCE


OF THE REGIONAL OFFICER

Section 93. Appeal Memorandum.- An appeal may be taken from a final order or
issuance of the Regional Officer in the exercise of regulatory functions, on any legal
ground and upon payment of the appeal fee, by filing with the Regional Field Office a
verified appeal memorandum in three (3) copies within fifteen (15) days from receipt
of the assailed final order or issuance with proof of service to the adverse party, if
any. Said adverse party may file its comment to the Appeal Memorandum within
ten (10) days from receipt of a copy thereof.
Within five (5) days from receipt of the appeal memorandum, the Regional Field
Office shall elevate the appeal together with the pertinent registration, licensing or
monitoring records, as the case may be, to the Board of Commissioners together with
a summary of the proceedings taken on the case.

Section 94. Applicability of Rules on Appeal; Appeal Bond- The Rules on appeal
under Section 83 to Section 92 shall as far as practicable apply hereto. Provided,
that in an appeal from the order of imposition of administrative fine, the appellant
shall post an appeal bond in the form of cash bond, in cash or manager's check
payable to the Housing and Land Use Regulatory Board, equivalent to fifty percent
(50%) of the fine imposed for the perfection of the appeal.

Rule 25

APPEAL FROM THE DECISION


OF LOCAL ZONING BODIES

Section 95. Appeal Memorandum.- Pursuant to Section 5, paragraph (D of


Executive Order No. 648, Series of 1981, a party aggrieved by the decision of the
Local Zoning Board of Appeals (LZBA) or a similar local zoning body may appeal
therefrom on any legal ground to the Board of Commissioners, by filing a verified
appeal memorandum with supporting documents in three (3) copies and payment of
the appeal fee within the period for filing an appeal provided in the Zoning
Ordinance of the city or municipality, with proof of service to the LZBA or equivalent
zoning body, and the adverse private party or appellee, if any. In the absence of a
provision on the appeal period in the Zoning Ordinance, the appeal may be taken
within fifteen (15) days from the appellant's receipt of the Decision of the LZBA or
equivalent zoning body.

Section 96. Elevation of Records and Filing of Comment or Counter-


Memorandum .- Within ten (10) days from the receipt of the appeal memorandum,
the local zoning body shall cause the elevation of a certified true copy of the pertinent
records of the case to the Board of Commissioners, together with a summary of th~ /
proceedings taken thereon. Within the same period, the local zoning body may file i '1
Page 21 of 25
comment to the appeal memorandum, with proof of service to the parties; and the
adverse party or appellee, if any, may file a counter-memorandum with proof of
service to the appellant and the local zoning body. When the local zoning body fails
to elevate the pertinent documents within the period provided, the appeal shall be
decided based on the appellant's evidence.

V
\
Section 97. Applicability of Rules on Appeal.- The Rules on appeal under Section
83 to Section 92 shall as far as practicable apply hereto.

Rule 26
DISMISSAL OF THE APPEAL
Section 98. Dismissal of the Appeal.- The appeal shall be dismissed on any of the
following grounds:
(a) Filing of the appeal beyond the reglementary period;
(b) Failure to state the date of receipt of the appealed decision by the appellant;
(c) Joint motion of the parties to dismiss the appeal;
(d) Withdrawal ofthe appeal;
(e) Failure to pay appeal fees;
(D Failure to post appeal bond or insufficiency of the bond posted;
(g) Failure to furnish the other parties a copy of the appeal memorandum; or,
(h) Failure to comply with the orders of the Board of Commissioners and/or the
requirements of this Rules.

Rule 27
JUDGMENT OF THE BOARD OF COMMISSIONERS
Section 99. Judgment of the Board of Commissioners.- The Board of
Commissioners shall resolve the appeal within ninety (90) days from the date the
appeal is deemed submitted for resolution. All pending motions as well as those
unresolved incidents filed after the submission of the appeal for resolution shall be
resolved in the judgment.
Section 100. Notice of the Judgment.- The Board of Commissioners shall notify the
parties of the resolution of the appeal by serving a copy of the judgment upon their
counsels of record, or upon the parties themselves when not represented by counsel.
When a party represented by counsel personally or directly obtains a copy of the
judgment ahead of the counsel, such party is deemed notified of the judgment on the
date of the party's receipt and the running of the period to appeal shall be reckoned
therefrom.

Section 101. No Motion for Reconsideration of Judgment on Appeal.- No motion


for reconsideration shall be allowed nor entertained from the judgment of the Board
of Commissioners on appea~

Page 22 of 25
PART 6
FINALITY AND EXECUTION OF JUDGMENT
Rule 28
FINALITY OF JUDGMENT

Section 102. Certificate of Finality. - The Arbiter or the Board of Commissioners


shall issue a Certificate of Finality if the judgment has become final and executory at
their respective levels.
Section 103. Determination of Finality of Judgment.- Decisions or orders of the
Arbiter and the Board of Commissioners shall be deemed final and executory in
accordance with the following:
(a) Decisions, resolutions or orders of the Arbiter shall become final and executory
fifteen (15) days after the date of receipt thereof by the parties and no appeal has
been filed by any of the parties within the said period; and,
(b) Decisions, resolutions or orders of the Board of Commissioners shall become
final and executory fifteen (15) days after the receipt thereof by the parties and
no appeal has been filed by any of the parties within the said period.

Rule 29
EXECUTION
Section 104. Execution of Judgments.- Execution shall issue only upon motion of
an interested party upon a final decision, resolution or order. A motion for execution
shall be filed, copy furnished the other parties, with the Regional Field Office of
origin and accompanied by:

(a) The original copy or certified true copy of the Certificate of Finality of the
Board of Commissioners, order or declaration of finality of the Office of the
President, or entry of judgment of the Court of Appeals or the Supreme Court;
and,
(b) Certified true copy of all judgments on the case.

Without need of a separate order from the Arbiter, the adverse party may file an
opposition to the motion for execution within five (5) days from receipt of the
motion. The Arbiter shall resolve the motion and issue the writ of execution within a
period of fifteen (15) days from receipt of the opposition, unless the Arbiter
determines the necessity of a hearing, in which case the Arbiter shall resolve the
incident within fifteen (15) days from such hearing.
Section 105. Writs of Execution.- All writs of execution shall be issued by the
Arbiter directed to the sheriff concerned.
Section 106. Prohibited Pleadings in Execution Proceedings.- Pleadings or
motions in the guise of an appeal on collateral issues or questions deemed
already passed upon or considered in the resolution of the case or incident shall
not be entertained in the resolution of the motion for execution.
Section 107. Resolution of Incidents of Execution.- A Writ of Execution is not
appealable. All incidents pertaining to the execution of the final and executo~

Page 23 of25
judgment shall be resolved by the Arbiter and, where necessary, a special order
for the execution of the Decision shall be issued.
Section 108. Execution Pending Appeal.- Where execution pending appeal is
allowed and the execution is granted upon such terms considered proper for the
protection or security of the rights of the adverse party, the party moving for
execution shall be required to post a bond to answer for whatever damages that the
adverse party may sustain by reason of the execution if it should be finally decided
that the movant is not entitled thereto.

Section 109. Motion for Execution Pending Appeal to the Office of the President,
where filed.- A motion for execution during the pendency of an appeal to the Office
of the President pursuant to Administrative Order No. 22, dated October 11, 2011,
Prescribing the Rules and Regulations Governing Appeals to the Office of the
President of the Philippines, shall be filed with the Regional Field Office where the
case originated with proof of service to the other parties, the Board of Commissioners
and the Office of the President, and shall be accompanied by the following:
(a). The original copy or certified true copy of the judgment sought to be
executed;
(b) A certification from the Office of the President on the date of filing of
the appeal thereto and that the case is still pending resolution.
Upon receipt by the Board of Commissioners of a copy of the motion for execution
pending appeal, it shall transmit a duplicate copy of the case records to the Regional
Field Office of origin.
Where such motion is filed with the Board of Commissioners, the same shall be
immediately forwarded to the Regional Field Office with the duplicate copy of the
case records with notice to the movant.

PART 7
MISCELLANEOUS PROVISIONS
Rule 30
LEGAL FEES
Section 110. Legal Fees.- All legal fees relating to the adjudication of cases shall
be in accordance with the current schedule of fees of HLURB.
Section 111. Government Exemption from Fees.- The Republic of the
Philippines, its agencies and instrumentalities, are exempt from paying the legal
fees provided herein. Local government units and government-owned or
controlled corporations are not exempt from paying such fees.
Section 112. Legal Fees for Multiple Appellants.- If two or more parties in a case
file separate appeals, each shall pay the full amount of the legal fees.
Section 113. Payment of Legal Fees.- Payment of legal fees may be made in cash or
postal money order, certified checks or manager's/cashier's checks payable to
BLURB.
Section 114. Non-Refund of Legal Fees.- All legal fees paid to HLURB shall be
non-refundabl~

Page 24 of 25
Rule 31
FINAL PROVISIONS

Section 115. Authority to Issue Clarificatory Guidelines and Revise Forms(-the


Chief Executive Officer may from time to time issue guidelines for the purpose of
clarifying any of the provisions of this Rules and, when necessary, to revise the forms
referred to in Section 12 hereof.

Section 116. Separability Clause.- If the effectivity of any provision of this Rules is
suspended or disapproved, or otherwise declared contrary to law, the unaffected
provisions shall remain in force.
Section 117. Repealing Clause.- Upon the effectivity of this Rules, all resolutions,
orders, memoranda, and circulars of the HLURB which are inconsistent herewith are
hereby repealed or modified accordingly.
Section 118. Effectivity.- This Rules shall take effect fifteen (15) days after
publication in the Official Gazette or in a newspaper of general circulation.

APPROVED, 10 January 2019

Quezon City, Metro Manila.


--~~~~---------

} o RUECO DEL ROSARIO


n, HUDCC and HLURB

DIMAS S. S
I UILON
Undersecre a ,DPW~pJ\
Ex-Officio Commissio_\l.
LLOYD CH~ERA. LAO
Chief Executive Officer and
Commissioner

RIA CORAZ~LEZ-CABRERA
istant Secretary, DOJ Commissioner
fficio Commissioner

MARVEL C. SACEND~NLO
Assistant Secretary, DIL
M~ICIA
Commissioner
Ex-Officio Commissioner

~
. L----
DANIL D. BARRAMEDA
Directo IV, NEDA
Ex-Officio Commissioner

Page 25 of 25
HLURB Case Form No. 01

Republic of the Philippines


Office of the President
HOUSING AND LAND USE REGULATORY BOARD
_ _ _ _ _ _ _ _ _ Regional Field Office

Complainant/s,

- versus - HLURB Case No. REM -_ _ _ _ _ _ _ _ __

Respondent/s.
x---------------------------------------x

COMPLAINT

1. The complainant/complainants is/are:

Name Sex/Age/Nationality Address Contact No.

(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 1" and countersign)

2. The respondent/respondents is/are:

Name Position (if applicable) Address

(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 2" and countersign)

Complaint, Page 1
3. This complaint is for: (Please check as are applicable).

] Violation of Presidential Decree No. 957:


_ _ Selling of subdivision lots/ condominium units without license to sell (Sec.5)
_ _ Mortgage of title without clearance (Sec. 18)
_ _ Failure to provide facilities advertised (Sec. 19 and 20)
_ _ Non-development (Sec. 20)
_ _ Incomplete Development (Sec. 20)
_ _ Unauthorized alteration of plan (Sec. 22)
_ _ Non-delivery of title (Sec. 25)
_ _ Collection of real estate tax prior to buyer's occupation (Sec. 26)
_ _ Unauthorized collection of dues by project owner/developer (Sec. 27)
_ _ Illegal use of open space (Sec. 31 as amended by PD 1216)
Others:

] Violation of RA 6552 (Maceda Law)


Cancellation of contract without factual basis.
_ _ Cancellation of contract without complying with grace period or notice requirements
Failure to refund cash surrender value
Others:

[ ] Breach of specific contractual obligations, particularly the obligation to:

[ ] Other acts/violations of the respondent/respondents complained of:

(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 3" and countersign)

4. The above violations were committed as follows: (For each violation checked or cited above, briefly
and clearly narrate the facts, incidents or circumstances that led to the filing of this complaint, stating
the dates of occurrence, persons involved and specific acts done by the respondent/respondents.):

(1) Alleged Violation : _ _ _ _ _ _ _ __


Narration of factslincidents/circumstances :

Complaint, Page 2
(2) Alleged Violation :
Narration of facts/incidents/circumstances:

(3) Alleged Violation :


Narration of facts/incidents/circumstances:

Complaint, Page 3
(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 4" and countersign)

5. As evidence of the foregoing facts and circumstances, I/we are attaching the following documents
and affidavits as annexes to this complaint:

Annex Description of Document Purpose of Document (What fact or circumstance


does the document prove or show?)

(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 5" and countersign)

Complaint, Page 4
6. Complainant/complainants is/are seeking the following reliefs:
(1) _____________________________________________________

(2) _______________________________________________________

(3) _______________________________________________________

(4) _____________________________________________________

(5) _______________________________________________________

(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 6" and countersign)

7. Complainant/complainants also seeks/seek the payment of damages in their favor, and have
attached proof under Paragraph 5 above that they are entitled to them:

___Actual/Compensatory damages in the amount P_____ (Proof attached as Annex "_")


___ Moral damages in the amount of P (Proof attached as Annex "_")
___Exemplary damages in the amount of P_ _ _ _ __
___Attorney's fees in the amount of P (Proof attached as Annex "_")
___Cost of litigation in the amount of P (Proof attached as Annex "_")

8. Complainant/complainants also pray that, pending the resolution of the case, the following provisional
remedy be issued in accordance with Part 3 of the 2019 Rules of Procedure of HLURB Rules of
Procedure:

Provisional remedy prayed for: _ _ _-::-:-:'_ _---:--:----:-_ _-:-_ _ _ _ _ _ _ _ _ _ __


Circumstances justifying the issuance of the provisional remedy:

As proof of these circumstances, we are attaching the following documentary evidence as


Annex/Annexes II "

Quezon City, Metro Manila, _ _ _ _ _ _ _ _ _ (date)

(If there are more than one complainant, each complainant shall sign).

Complainant/Complainants (Signature over printed name)

Complaint, Page 5
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

IlWe, (Name/names) , of legal age, Filipino / _ _ _ _ __


and a resident of --:--:--_ _ _----:-_ _ _ _-:--_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
After having been duly sworn under in accordance with law, hereby depose and state:

1. That I am the complainant/ we are the complainants in the above-entitled case and have caused this
Complaint to be prepared; that I/we read and understood its contents which are true and correct of my/our
own personal knowledge and/or based on true records;

2. That I/we have not commenced any action or proceeding involving the same issue or subject matter
in the Supreme Court, the Court of Appeals or any other tribunal or agency; that to the best of my/our
knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any
other tribunal or agency, and that, if I/we should learn thereafter that a similar action or proceeding has
been filed or is pending before these courts or tribunal or agency, I/we undertake to report that fact to
the Court within five (5) days therefrom;

Complainant

REPUBLIC OF THE PHILIPPINES)


_ _ _ _ _ _ _ _ _ _ ) S.S.

SUBSCRIBED AND SWORN to before me, this _ day of _ _ _ _ __ with affiantlaffiants


exhibiting to me his/her/their issued at on

Doc. No. _ __ Notary Public


Page No. _ __
Book No. _ __
Series of _ __

Complaint, Page 6
HLURB Case Form No. 03
Republic of the Philippines
Office of the President
HOUSING AND LAND USE REGULATORY BOARD
_ _ _ _ _ _ _ _ _ Regional Field Office

Complainant/s,

- versus - HLURB Case No. -- - -

Respondent/s.
x---------------------------------------x
ANSWER

1. Respondent/respondents ADMITS / ADMIT that:

Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 1" and countersign}.

2. That RESPONDENT/RESPONDENTS DENIES/DENY that:

Answer, Page 1
(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 2" and countersign).

3. The facts are as follows: (Please narrate the circumstances, taking care to state the date of their
occurrence.)

(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 3" and countersign)

4. In support the above facts and/or circumstances, I/we attach the following documents and
affidavits:

Annex Description of Document Purpose of Document (What fact or circumstance


Number does the document prove or show?)
_"_1_"_

Answer, Page 2
(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 4" and countersign).

5. The complaint should be dismissed on the following grounds: (Please state your defenses to
the complainants' claims and the facts you rely upon to support your defense.)

(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 5" and countersign).

6. RespondenVrespondents seeks/seek the following reliefs or counterclaims:


(1) ____________________________________________________

(2) _____________________________________________________
(3) ____________________________________________________

(4) _____________________________________________________

(5) _______________________________________________________

(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 6" and countersign)

7. RespondenVrespondents also seeks/seek the payment of damages, and have attached proof
under Paragraph 4 above that respondent/respondents is/are entitled to them:

___Actual/Compensatory damages in the amount P_______(Proof attached as Annex "_")


___ Moral damages in the amount of P (Proof attached as Annex "_")
___Exemplary damages in the amount of P_______
___Attorney's fees in the amount of P______________ (Proof attached as Annex "_")
___Cost of litigation in the amount of P (Proof attached as Annex "_")
Otheffi _______________________________________________________

Answer, Page 3
8. Respondent/respondents also prays/pray that, pending the resolution of the case, the following
provisional remedy/remedies be issued in accordance with Part 3 of the 2019 Rules of Procedure
of HLURB Rules of Procedure:

Provisional remedy prayed for: _ _ _-;-:-:_ _---:--:-----:-_ _--:-_ _ _ _ _ _ _ _ __


Circumstances justifying the issuance of the provisional remedy:

(Note: If more space is needed, please use additional sheet, indicate "Continuation of Par. 6" and
countersign)

As proof of these circumstances, IIwe are attaching the following documentary evidence as
Annex/Annexes II "

Quezon City, Metro Manila, _ _ _ _ _ _ _ _ (date)

(If there are more than one respondent, each respondent shall sign).

RespondentlResponndents (Signature over printed name)

VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING

IlWe, (Name/names) , of legal age, (Nationality) _ _ __


with residence at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _....".....,:-:-_ _-::
(if there are more than one respondents, please use the space at the lower portion of this page for
the addresses and countersign) after having been duly sworn in accordance with law, hereby depose
and state:

1. That IIwe are the respondent/respondents in the above-entitled case and caused this Answer to
be prepared; that IIwe read and understood its contents which are true and correct of my/our own
Answer, Page 4
personal knowledge and/or based on true records;

2. That I/we have not commenced any action or proceeding involving the same issue or subject
matter in the Supreme Court, the Court of Appeals or any other tribunal or agency; that to the
best of my/our knowledge, no such action or proceeding is pending in the Supreme Court, the
Court of Appeals or any other tribunal or agency, and that, if I/we should learn thereafter that a
similar action or proceeding has been filed or is pending before these courts or tribunal or agency,
I/we undertake to report that fact to the Court within five (5) days therefrom;

RespondentiRespondents

REPUBLIC OF THE PHILIPPINES)


_ _ _ _ _ _ _ _ _ _ _ ) S.S.

SUBSCRIBED AND SWORN to before me, this _ day of _ _ _ _ _ _ , with affiantlaffiants


exhibiting to me his/her/their issued at on

Doc. No. _ __ Notary Public


PageNo. _ __
Book No. _ __
Series of _ __

Answer, Page 5
HLURB Case Form No. 04

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ ' of legal age, (Nationality) , with residence at


_ _ _ _ _ _ _ _~-------------~~~-~-~--~' do he~by
appoint, name and constitute _ _ _ _ _ _ _ _ _ _ _ _ , likewise of legal age, single/married, with
residence at , as my true and legal representative to do and
perform the following acts and deeds:

1. To file and institute the complainUanswer for and in my name, place and stead, and to execute such
other papers to give full effect to the said complaint /answer, including the verification and certification
against form shopping;

2. To act for and in my name, place and stead and to represent me during the Mandatory Conference
with full authority to enter into amicable settlement under such terms and conditions as may be
acceptable to him/her, to submit to alternative modes of dispute resolution and to make admissions
or stipulations of facts and documents without further consultation from me.

3. To file an appeal or any other petition to protect my interests and likewise with full power and authority
to do and execute such deeds, documents and things as may be proper and necessary to advance
the said interest.

4. I hereby grant my representative full power and authority to execute and perform every act necessary
to render effective the powers herein provided as though I myself have so performed it and hereby
approving all that he may do by virtue of these presents.

In witness whereof, I hereunto set my hand this _ _ _ _ _ day of _ _ _ _ _ _ , 20_ _ _ , at

ComplainanURespondent Representative

Witness Witness

REPUBLIC OF THE PHILIPPINES)


_ _ _ _ _ _ _ _ _ _ _-1) S.S.

BEFORE ME, a Notary Public for and in , Philippines, personally


appeared , with issued at
_ _ _-:-:-~:----:--- on , known to me and to me known to be the same person who
executed the foregoing special power of attorney and he/she acknowledged to me that the same is his/her
voluntary act and deed.

IN WITNESS WHEREOF, I have affixed my signature and seal on the date and place first above-
written.

Doc. No. _ __
Page No. _ __ Notary Public
BookNo. _ __
Series of _ __
HLURB Case Form No. 05

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, , of legal age, Filipino, with residence at _ _ _ _ _ _ __


_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , do hereby appoint, name and constitute
likewise of legal age, single/married, with residence at
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, as my true and legal representative to act for and in my
name and stead and to represent me during the Mediation/Preliminary Conference on
____________, to enter into amicable settlement, to submit to alternative modes of
dispute resolution and to make admissions or stipulations of facts and documents without further
consultation from me, for the reason that I am not physically capable of attending the said mediation/
preliminarycon~rencedueto _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~

I hereby grant my representative full power and authority to execute and perform every act necessary to
render effective the power to compromise as though I myself have so performed it and hereby approving
all that he may do by virtue of these presents.

In witness whereof, I hereunto set my hand this _ _ _ _ _ day of _______, 20_ _ _ , at

Representative
Complainant/Respondent

Witness Witness

REPUBLIC OF THE PHILIPPINES)


_ _ _ _ _ _ _ _ _ _ _) S.S.

BEFORE ME, a Notary Public for and in , Philippines, personally


appeared , with issued at
_ _ _ _ _ _ _ _ _ on , known to me and to me known to be the same person who
executed the foregoing special power of attorney and he/she acknowledged to me that the same is his/her
voluntary act and deed.

IN WITNESS WHEREOF, I have affixed my signature and seal on the date and place first above-
written.

Doc. No. _ __
Page No. _ __ Notary Public
BookNo. _ __
Series of _ __
HLURB Case Form No. 06

Republic of the Philippines


Office of the President
HOUSING AND LAND USE REGULATORY BOARD
__________ Regional Field Office

ComplainanUs,

- versus - HLURB Case No.

RespondenUs.
x---------------------------------------x

JOINT MOTION TO DISMISS

ComplainanUs and respondent/s, unto this Honorable Office, respectfully allege that:

1. ComplainanUs and respondenUs have mutually and voluntarily settled their claims and
counterclaims to the entire satisfaction of each other; and

2. The parties no longer have a cause of action against each other.

WHEREFORE, premises considered, complainant/s and responde ntis respectfully pray that the
complainant's complaint and respondent's counterclaim be dismissed.

Other reliefs just and equitable under the premises are likewise prayed for.
Date: _ _ _ _ _ _ _ __

Complainantls Respondentls

The Docket Clerk


Expanded National Capital Region
Housing and Land Use Regulatory Board
Quezon City

GREETINGS:

Please submit the foregoing motion for the consideration and resolution of the Honorable Regional
Arbiter immediately upon receipt hereof.

Complainantls Respondents

(If there are more than one complainants or respondents, each shall sign)
BLURB Case Form No. 05

Republic of the Philippines


Office of the President
HOUSING AND LAND USE REGULATORY BOARD
_ _ _ _ _ _ _ _ _ Regional Field Office

Complainant/s,

- versus - HLURB Case No. -- - -

Respondent/s.
x---------------------------------------x

MOTION FOR APPROVAL OF COMPROMISE AGREEMENT

The parties respectfully allege that:

1. The parties have come to an amicable settlement and have executed a compromise agreement
with the following terms and conditions.

(Note: If more space is needed, please use the bottom part of the next page and countersign.)
2. The foregoing terms and conditions are not contrary to law, good customs and public policy.

3. The parties agree that the approval of this agreement by the Arbiter/Board shall put an end to this
litigation, except for purposes of execution in case of default or breach by any of the parties.

WHEREFORE, premises considered, the parties respectfully pray that the court approve this
agreement and render judgment on the basis thereof.

Date: , Quezon City.

Complainantls Respondentls

Attest:

Mediator/Conciliator

The Docket Clerk


Field Office / Board Commissioners
-------------------
Housing and Land Use Regulatory Board
Quezon City

GREETINGS:

Please submit the foregoing motion for the consideration and resolution of the Honorable Arbiter/
Board of Commissioners immediately upon receipt hereof.

Complainantls Respondentls
HLURB Case Form No. 07

Republic of the Philippines


Office of the President
HOUSING AND LAND USE REGULATORY BOARD
_ _ _ _ _ _ _ _ _ Regional Field Office

ComplainanUs,

- versus - HLURB Case No. -- - -

RespondenUs.

x---------------------------------------x

MOTION TO APPROVE COMPROMISE AGREEMENT

The parties respectfully allege that:

1. The parties have come to an amicable settlement and have executed a compromise agreement
under the following terms and conditions.

(Note: If more space needed, please use a separate sheet and countersign)

2. The foregoing terms and conditions are not contrary to law, good customs and public policy.
3. The parties agree that the approval of this agreement by the Court shall put an end to this litigation,
except for purposes of execution in case of default.

WHEREFORE, premises considered, the parties respectfully pray that the court approve this
agreement and render judgment on the basis thereof.

Quezon City, (Date) _ _ _ _ _ _ __

Complainant Respondent

Complainant Respondent

Complainant Respondent

Complainant Respondent

(Note: All complainants and respondents shall sign)

Attest:

Mediator/Conciliator

The Docket Clerk


Expanded National Capital Region
Housing and Land Use Regulatory Board
Quezon City

GREETINGS:

Please submit the foregoing motion for the consideration and resolution of the Honorable Arbiter
immediately upon receipt hereof.

Complainant Respondent

Complainant Respondent

Complainant Respondent

Complainant Respondent