Pinkian, Pasong Tamo & Luzon Avenue

June 20, 1983 Pinkian, Pasong Tamo & Luzon Avenue Residents Association, Inc. Veterans Village, Luzon Avenue Old Balara, Diliman Quezon City Gentlemen: This relates to your letter dated June 3, 1983, requesting that your whole records be endorsed to the Home Financing Corporation for appropriate administration, supervision and jurisdiction under Executive Order No. 535, dated May 3, 1979. It is your contention that, that Association is a homeowners association within the purview of said Executive Order, hence, should be under the original and exclusive jurisdiction of the Home Financing Corporation. The pertinent provisions of Section 2, Executive Order No. 535 provide thus: "In addition to the powers and functions vested under the Home Financing Act, the Corporation, shall have, among others, the following additional powers: a) To require submission of and register articles of incorporation of homeowners associations and issue certificate of incorporation/registration, upon compliance by the registering associations with the fully promulgated rules and regulations thereon; maintain a registry thereof; and exercise all powers, authorities and responsibilities that are vested on the Securities and Exchange Commission with respect to homeowners association, the provisions of Act 1459, as amended by P.D. 902-A, to the contrary notwithstanding; b) To regulate and supervise the activities and operations of all homeowners association registered in accordance therewith; xxx xxx xxx (Emphasis supplied) Corollary thereto, Rule 1 of the "Implementing Rules and Regulations of Home Financing Corporation Covering the Organization, Administration and Supervision of Homeowners Associations and Cooperatives by Virtue of Executive Order No. 535" defines homeowners association as follows: "SECTION 1. Homeowners Association . is any housing or community association composed primarily of present or future residents or tenants of housing projects, subdivisions and urban estates organized for the purpose of facilitating the delivery of adequate social and economic services to improve the quality of life of its members ." (Emphasis supplied) A perusal of your articles of incorporation and the supporting documents submitted in connection therewith shows that you were organized to avail of the pertinent provisions of CA #141, otherwise known as the Public Land Act, whereby, the members thereof who have been in open, continuous, exclusive and notorious possession and acquisition of agricultural lands of the public domain for at least thirty (30) years, whose title to the lands have not been perfected or completed, may obtain confirmation of their claims and be issued the corresponding title thereto, under the Land Registration Act, after proper application for confirmation of title with the Court of First Instance of Bulacan. (Sec. 47, Chap. VII, Public Land Act). Nowhere was it shown in your articles of incorporation that you were organized for the specific purpose of facilitating the delivery of adequate social and economic services to improve the quality of life of its members. In view thereof, it is opined that your association does not meet the requirements for a homeowners association as the term is defined under Executive Order No. 535 which would warrant the transfer of your records to the Home Financing Corporation. Accordingly, the Commission regrets to deny your request. Very truly yours, (SGD.) MANUEL G. ABELLO Chairman