Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof

Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof

HLURB Board Resolution No. 937-16Jun 22, 2016Other Rules and Procedures4 min read

On June 22, 2016, the Housing and Land Use Regulatory Board (HLURB) approved amendments to the 2011 Revised Rules of Procedure, specifically altering Sections 78 and 79, and adding Section 65-A. The amendments clarify that a cease and desist order is immediately executory, and an aggrieved party can file a petition for review within 15 days, but this does not automatically stay the order. Additionally, Section 65-A outlines the procedure for filing a motion for execution pending appeal to the Office of the President, specifying required documentation and service. These changes aim to streamline the appeals process and clarify the execution of orders.

What is Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof about?: On June 22, 2016, the Housing and Land Use Regulatory Board (HLURB) approved amendments to the 2011 Revised Rules of Procedure, specifically altering Sections 78 and 79, and adding Section 65-A. The amendments clarify that a cease and desist order is immediately executory, and an aggrieved party can file a petition for review within 15 days, but this does not automatically stay the order. Additionally, Section 65-A outlines the procedure for filing a motion for execution pending appeal to the Office of the President, specifying required documentation and service. These changes aim to streamline the appeals process and clarify the execution of orders.
What type of law is HLURB Board Resolution No. 937-16?: Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof (HLURB Board Resolution No. 937-16) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
When was Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof enacted?: Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof (HLURB Board Resolution No. 937-16) was enacted on Jun 22, 2016.
What is the citation for Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof?: Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof, HLURB Board Resolution No. 937-16, Jun 22, 2016 (Philippines)

Law Information

Reference Number: HLURB Board Resolution No. 937-16
Date Enacted: Jun 22, 2016
Category: Other Rules and Procedures
Subcategory: Housing and Land Use Regulatory Board
Jurisdiction: Philippines
Enacting Body: Congress of the Philippines

June 22, 2016

HLURB BOARD RESOLUTION NO. 937-16

AMENDING SECTIONS 78 AND 79 OF THE 2011 REVISED RULES OF PROCEDURE OF THE HOUSING AND LAND USE REGULATORY BOARD AND APPENDING SECTION 65-A TO SECTION 65 THEREOF

BE IT RESOLVED, as it is hereby RESOLVED that the following amendments to the 2011 Revised Rules of Procedure of the Housing and Land Use Regulatory Board be APPROVED:

1. Sections 78 and 79 of the Rules are hereby amended as follows:

"Section 78. 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 A PETITION FOR REVIEW OF THE ISSUANCE OR A DENIAL THEREOF. [an appeal that may be filed] in accordance with the succeeding section.

Section 79. [Supersedeas Bond Requirement on Appeals from] REVIEW OF Cease and Desist Orders; Effect — A PARTY AGGRIEVED BY THE ARBITER'S GRANT OR DENIAL OF THE APPLICATION/MOTION FOR ISSUANCE OF A CEASE AND DESIST ORDER MAY FILE A PETITION FOR REVIEW THEREOF ON ANY LEGAL GROUND BEFORE THE BOARD OF COMMISSIONERS WITHIN FIFTEEN (15) DAYS FROM THE RECEIPT OF THE ORDER. WITHIN FIVE (5) DAYS FROM THE RECEIPT OF THE PETITION FOR REVIEW, THE ARBITER SHALL ELEVATE THE SAME TOGETHER WITH A DUPLICATE COPY OF THE CASE RECORDS TO THE BOARD OF COMMISSIONERS. The filing of [an appeal from the main case] THE PETITION shall not automatically stay such cease and desist order [, unless ordered by the Board of Commissioners and a supersedeas bond is posted with the HLURB in favor of the enjoining party, in an amount twice that of the bond required in the 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."

2. A new section, Section 65-A, is hereby appended to the Rules, following Section 65, Execution Pending Appeal, the same to read as follows: IAETDc

"SECTION 65-A. 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 RULES AND REGULATIONS GOVERNING APPEALS TO THE OFFICE OF THE PRESIDENT OF THE PHILIPPINES, SHALL BE FILED WITH THE REGIONAL 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 OFFICE OF ORIGIN.

WHERE SUCH MOTION IS FILED WITH THE BOARD OF COMMISSIONERS, THE SAME SHALL BE IMMEDIATELY FORWARDED TO THE REGIONAL OFFICE WITH THE DUPLICATE COPY OF THE CASE RECORDS WITH NOTICE TO THE MOVANT."

APPROVED, 22 June 2016, in Quezon City.

(SGD.) CHITO M. CRUZHUDCC Chairman

(SGD.) AUSTERE A. PANADEROUndersecretary, DILG

(SGD.) ANTONIO M. BERNARDOChief Executive Officer andCommissioner

(SGD.) MARIA CATALINA E. CABRALUndersecretary, DPWH

(SGD.) RIA CORAZON A. GOLEZ-CABRERACommissioner

ROLANDO G. TUNGPALANDeputy Director-General, NEDA

(SGD.) LUIS ALVAREZ PAREDESCommissioner

(SGD.) MARICAR S. MONTANOUndersecretary, DOJ

LINDA L. MALENAB-HORNILLACommissioner

Attested:

(SGD.) CHARITO B. LANSANGBoard Secretary

Published in The Philippine Star on July 10, 2016.

Cite This Law

Standard Citation

Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof, HLURB Board Resolution No. 937-16, Jun 22, 2016 (Philippines)

Bluebook Style

Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof, HLURB Board Resolution No. 937-16 (Phil. 2016)

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Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof

HLURB Board Resolution No. 937-16Jun 22, 2016Other Rules and Procedures4 min read

Quick Answers

What is Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof about?

What type of law is HLURB Board Resolution No. 937-16?

Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof (HLURB Board Resolution No. 937-16) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.

When was Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof enacted?

Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof (HLURB Board Resolution No. 937-16) was enacted on Jun 22, 2016.

What is the citation for Amending Sections 78 and 79 of the 2011 Revised Rules of Procedure of the HLURB and Appending Section 65-A to Section 65 Thereof?