Resolution No. R-937, S. of 2016

July 11, 2016

HLURB ADMINISTRATIVE ORDER NO. 08-16

 

Quoted hereunder is HLURB Board Resolution No. R-937, Series of 2016, 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, approved by the Board on 22 June 2016:

"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: TIADCc

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, in accordance with the succeeding section.

Section 79. 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 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."

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:

"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. cSEDTC

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."

The said resolution was published in The Philippine Star on 10 July 2016, and, in accordance with the provisions of law, will take effect fifteen (15) days from its date of publication, on 25 July 2016.

Please be guided accordingly.

(SGD.) ANTONIO M. BERNARDOChief Executive Officer and Commissioner