Rules of Procedure of the Human Settlements Adjudication Commission (HSAC)

March 2, 2021

HSAC EN BANC RESOLUTION NO. 8, S. 2021

RULES OF PROCEDURE OF THE HUMAN SETTLEMENTS ADJUDICATION COMMISSION (HSAC)

PURSUANT TO Section 17 (a) of Republic Act No. 11201, otherwise known as the "Department of Human Settlements and Urban Development Act," the Human Settlements Adjudication Commission hereby adopts and promulgates the following Rules of Procedure: HTcADC

PART 1

Common Provisions

RULE 1

Title, Coverage, and Construction

SECTION 1. Title. — These Rules shall be known as the Rules of Procedure of the Human Settlements Adjudication Commission (HSAC), hereinafter referred to as the "Rules."

SECTION 2. Coverage. — These Rules shall govern the proceedings before the HSAC, and shall apply to the following disputes or controversies:

(a) Cases involving subdivisions, condominiums, memorial parks, and similar real estate developments:

(1) Actions concerning unsound real estate business practices filed by buyers or homeowners against the project owner or developer, which cause prejudice to the buyers, or which are committed with bad faith and in disregard of the buyer's rights;

(2) Claims for refund, and other claims filed by a subdivision lot or condominium unit buyer against the project owner, developer, dealer, broker or salesman: Provided, That when the cause of action arises from the buyer's rights under Section 23 of Presidential Decree No. 957 and the purchase price of the property is paid through a housing loan from a bank or other financing institutions, the latter shall be impleaded as necessary party;

(3) Cases involving specific performance of contractual and statutory obligations arising from the sale of the lot or unit and development of the subdivision or condominium project;

(4) Disputes involving the open spaces or common areas and their use filed by the project owner or developer or the duly registered homeowners association (HOA), including the eviction of illegal occupants therein, in accordance with the requirements of law, and the rules and regulations promulgated by duly constituted authorities;

(5) Suits to declare subdivision, condominium or other real estate developments within the regulatory jurisdiction of the Department of Human Settlements and Urban Development (DHSUD) as abandoned, as defined under Section 3 of Republic Act No. 11201 for the purpose of Section 35 of Presidential Decree No. 957;

(6) Disputes involving easements within or among subdivision projects; and

(7) Actions to annul mortgages and other agreements executed in violation of Section 18 of Presidential Decree No. 957 filed by a subdivision lot or condominium unit buyer against the project owner and/or developer and the mortgagee.

(b) Cases involving Homeowners Associations:

(1) Controversies involving the registration and regulation of HOAs;

(2) Intra-association disputes or controversies arising out of the relations between and among members of HOAs; between any or all of them and the HOA of which they are members;

(3) Inter-association disputes or controversies arising out of the relations between and among two (2) or more HOAs; between and among federations and other umbrella organizations, on matters pertaining to the exercise of their rights, duties and functions; CAIHTE

(4) Disputes between such HOA and the State, insofar as it concerns their individual franchise or right to exist and those which are intrinsically connected with the regulation of HOAs or dealing with the internal affairs of such entity, including but not limited to violations of Sections 18 and 19 of Republic Act No. 9904; and

(5) Disputes between such HOA and the beneficial users of its services.

(c) Disputes involving the implementation of Section 18 of Republic Act No. 7279, as amended by Republic Act No. 10884, and its Implementing Rules and Regulations;

(d) Disputes or controversies involving laws and regulations being implemented by the DHSUD except those cases falling within the jurisdiction of other judicial or quasi-judicial body;

(e) Appeals from the decisions of the Regional Adjudicators on the above cases;

(f) Appeals from decisions of local and regional planning and zoning bodies; and

(g) Other analogous cases.

SECTION 3. Construction. — These 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.

In computing any period of time prescribed or allowed by these Rules, or by order of the Commissioner by any applicable statute, the first day shall be excluded, and the last day included. If the last day of the period, as thus computed, falls on a Saturday, a Sunday, or a legal holiday, the time shall not run until the next working day.

SECTION 4. Suppletory Application of the Rules of Court. — 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 proceeding under these Rules is any suit filed with the HSAC 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 order of proceedings shall be uniform for all cases filed before the Regional Adjudication Branch (RAB):

(a) The commencement of an action through the filing of a verified Complaint, or a duly accomplished complaint form as provided under Section 21 hereof, 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, or a duly accomplished answer form as provided under Section 39 hereof, or any responsive pleading;

(d) Setting and conduct of mandatory conference;

(e) Submission of Position Paper and Draft Decision;

(f) Writing of the decision; and

(g) Issuance of the decision with notice to parties.

SECTION 7. Venue. — All complaints or actions shall be filed in the RAB which has jurisdiction over the region where the project involved is located. Where the residence and/or principal office of the complainant and respondent are both located in the same region, the Complaint or action may, at the option of the complainant, be filed in the RAB having jurisdiction over the said region regardless of the location of the project involved, unless the parties have validly agreed in writing before the filing of the Complaint or action on the exclusive venue thereof.

In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD. aScITE

RULE 3

Real Parties-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. — Indigent litigants shall be exempt from the payment of legal fees. The legal fees shall be a lien on any judgment rendered in favor of the indigent litigant, unless the Regional Adjudicator or the Commission otherwise provides in the Decision.

To be entitled to the exemption herein provided, the litigant shall execute an affidavit that his/her gross income does not exceed the poverty threshold as determined by the appropriate government agency. Any falsity in the affidavit of the litigant shall be sufficient cause to strike out the pleading of that party, without prejudice to whatever criminal liability that may have been incurred.

In addition, the litigant shall be required to submit a Certificate of Indigency from the Department of Social Welfare and Development, the Social Welfare and Development Offices of the local government unit, or from the Punong Barangay of the barangay having jurisdiction over the residence of the litigant.

SECTION 10. Derivative Suit. — A member of a HOA 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 Counsel or Representative. — The appearance of counsel 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 electronic mail address;

(2) Roll of Attorneys number;

(3) Current Professional Tax Receipt number, including the date and place of issue;

(4) IBP Lifetime Membership number or current IBP Official Receipt number, and date of issue; and

(5) Certificate of Exemption number or Mandatory Continuing Legal Education Certificate of Compliance number and date of issue.

(b) A person who represents a party shall attach to the pleading a special power of attorney authorizing him/her to file the case. The representative shall indicate in the pleadings his/her mailing address that is not a post office box number, including his/her telephone/cellular phone number and email address.

(c) In case the real party-in-interest is out of the country, the special power of attorney must be authenticated by the consular office concerned and comply with other applicable formalities for its execution.

(d) In case the party represented is a corporation, the representative shall attach to the Complaint a secretary's certificate authorizing him/her to act on behalf of the corporation.

The authorization of the representative to act on behalf of a party, whether in the form of a secretary's certificate or a special power of attorney, should be attached to the Complaint or other initiatory pleadings. Failure of the party or counsel to comply with the requirements herein shall render the pleading as not filed.

SECTION 12. Misjoinder and Non-joinder of Parties. — Neither the misjoinder nor the non-joinder of parties is a ground for dismissal of an action. Parties may be dropped or added by order of the Regional Adjudicator on motion of any party or motu proprio at any stage of the action and on such terms as are just. Any claim against misjoined party may be severed, re-docketed, and proceeded with separately, upon motion or at the discretion of the Regional Adjudicator, provided the subject matter thereof falls within the jurisdiction of the RAB. The party making the claim against the misjoined party shall be ordered to pay the fee for the separate action or the deficiency in the filing fees, if any. DETACa

Non-compliance with the order of the Regional Adjudicator to implead an indispensable party is a ground for dismissal.

RULE 4

Pleadings, Motions, and Practice in General

SECTION 13. Filing and Service of Pleadings and Motions, in General. — Filing is the act of submitting the pleading or other submissions to the Commission.

Service is the act of providing a party with a copy of the pleading or any other submissions.

Except for the Complaint as provided under Section 23 hereof, all pleadings and motions shall be filed in triplicate, with proof of service to the other parties, with the appropriate unit of the RAB or the Office of the Executive Clerk of the Commission (OECC), as the case may be. Failure to attach proof of service shall render the same as not filed.

SECTION 14. Manner of Filing. — The filing of pleadings and motions shall be made by:

(a) Submitting personally the original thereof, plainly indicated as such, to the RAB or OECC, as the case may be;

(b) Sending them by registered mail;

(c) Sending them by courier; or

(d) Transmitting them by electronic mail or other electronic means as may be authorized under these Rules.

In the first case, the RAB or OECC shall endorse on the pleading the date and time of filing. In the second and third cases, the date of the mailing of pleadings and motions, and payments or deposits, as shown by the post office stamp on the envelope or the registry receipt, shall be considered as the date of their filing, payment or deposit. The envelope shall be attached to the record of the case. In the fourth case, the date of electronic transmission shall be considered as the date of filing.

SECTION 15. Modes of Service. — Pleadings and motions shall be served personally or by registered mail, courier, electronic mail, facsimile transmission, or other electronic means as may be authorized by these Rules. If service through electronic mail or facsimile transmission, or other electronic means was not agreed upon during the mandatory conference, written consent from the party to be served through such means shall first be obtained and shall be attached to the pleading or motion.

SECTION 16. Change of Address, Electronic Mail Address or Facsimile Number. — A party who changes address, electronic mail address, or facsimile number while the action is pending must promptly file, within five (5) calendar days from such change, a notice of change of address or of electronic mail address or facsimile number with the RAB or OECC, as the case may be, and serve the notice on all other parties.

Service through electronic mail address or facsimile number on record of a party shall be presumed valid unless such party notifies the RAB or OECC of any change, as aforementioned.

SECTION 17. Conventional Service or Filing of Pleadings, Motions, and Other Documents. — Notwithstanding the foregoing, the following pleadings, motions, and other documents must be served or filed personally or by registered mail, and shall not be served or filed electronically, unless express permission is granted by the Commission or the RAB:

(a) Initiatory pleadings, such as a complaint, and initial responsive pleadings, such as an answer;

(b) Appendices and exhibits to motions or other documents that are not readily amenable to electronic scanning may, at the option of the party filing such, be filed and served conventionally; and

(c) Sealed and confidential documents or records.

SECTION 18. Pleadings Allowed. — Pleadings are either mandatory or discretionary:

(a) 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 toil the reglementary periods, and failure to file the same shall not have any adverse effect on the rights of the parties.

SECTION 19. Prohibited Pleadings and Motions. — The following shall be considered as prohibited pleadings and motions which shall not be entertained:

(a) Motion to dismiss;

(b) Motion for bill of particulars;

(c) Petition for relief from judgment;

(d) Motion for reconsideration, except as provided under Section 123 hereof; HEITAD

(e) Appeal from any interlocutory order, except writ of preliminary injunction;

(f) Motion for extension of time;

(g) Motion for postponement, except for justifiable reasons;

(h) Motion to admit pleadings filed beyond the reglementary period;

(i) Fourth and subsequent party complaints; and

(j) 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, without waiting for a separate order therefor, within five (5) calendar days from the receipt of a copy of the motion. With or without the opposition, the motion shall be resolved by the Regional Adjudicator or the Commission after the lapse of the period to file the same.

RULE 5

Complaint

SECTION 20. Complaint. — The Complaint shall contain the following:

(a) Caption and Title. — In all cases filed before the RABs, 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 signature constitutes a certification that such party or his/her/its representative has read the Complaint; that to the best of their/his/her/its knowledge, information and belief, there is good ground to support the Complaint, and that it is not interposed for delay.

(e) Verification. — A complaint is verified by an affidavit that the complainant or his/her/its representative has read the Complaint and that the allegations therein are true and correct of affiant's own personal knowledge, or based on authentic documents. A complaint that contains a verification based merely on "information and belief" or upon "knowledge, information and belief," or lacks a proper verification, shall be treated as an unsigned pleading.

(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) calendar days therefrom to the HSAC.

 If it is proved that the complainant has engaged in deliberate forum shopping, the Complaint shall be dismissed with prejudice.

(g) The following shall be attached to the Complaint upon filing:

(1) Proof of payment of filing fees or, Affidavit and Certificate of Indigency, when applicable;

(2) Original or certified true copies of documentary evidence supporting the cause of action; aDSIHc

(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 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 of the said Committees or HOA to issue the certification, an affidavit attesting to this fact shall be made; and

(4) HOA Certificate of Incorporation/Registration for cases filed for and in behalf of the homeowners association.

The above requirements shall apply to complainants represented by counsel and those not represented by counsel or those 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 21. Optional Use of Complaint Form or Template by Parties Without Counsel. — A complainant who is not represented by counsel may use the Complaint form appended to these Rules either by accomplishing the same manually, or by downloading a digital copy thereof from the HSAC website and encoding the entries, or by using the form as template or guide. All other applicable requirements under these Rules shall be complied with in the filing of the Complaint using the form.

SECTION 22. Effects of Defective Verification and Certification Against Forum Shopping. —

(a) Any defect in the verification under paragraph (e) of Section 20 hereof 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 Regional Adjudicator, the case shall be dismissed without prejudice.

(b) Any defect in the certification against forum shopping under paragraph (f) of Section 20 hereof shall be a ground for the dismissal of the Complaint without prejudice.

RULE 6

Commencement of Actions or Proceedings

SECTION 23. When Action is Deemed Commenced. — An action is deemed commenced upon the filing with the RAB of a verified Complaint or duly accomplished complaint form as provided under Section 21 hereof 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 in accordance with Section 9 hereof.

SECTION 24. 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 the HSAC. The non-inclusion of the said money order shall be cause for the dismissal of the Complaint without prejudice.

SECTION 25. Filing Fees. — The complainant is required to pay the filing fees, as determined by the RAB, 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 or other initiatory pleading is a jurisdictional defect which shall be cause for the dismissal of the Complaint or other initiatory pleading without prejudice.

(b) Effect of deficient payment of filing fees. — Failure to fully pay the filing fees within five (5) calendar days from notice of deficiency, as subsequently determined by the Regional Adjudicator, shall be a ground for the dismissal of the Complaint or other initiatory pleading without prejudice. ATICcS

PART 2

Proceedings Before the Regional Adjudicator

RULE 7

Regional Adjudicator

SECTION 26. Raffle Day and Assignment of Case to a Regional Adjudicator. —

(a) The Chief Regional Adjudicator, or any duly designated Regional Adjudicator, shall supervise the raffle of the cases to the Regional Adjudicators at least once a week.

(b) Upon the filing of the Complaint and the payment of the filing fees, the case shall be assigned to a Regional Adjudicator by raffle on the immediately succeeding scheduled raffle day.

SECTION 27. Duty of the Regional Adjudicator upon Receipt of the Case Docket. — Within ten (10) calendar days from receipt of the case docket, the Regional Adjudicator shall issue the summons, which shall be served, together with a copy of the Complaint, to the respondent.

Within the same period, the Regional Adjudicator shall motu proprio dismiss the Complaint upon a finding that the case does not fall within the jurisdiction of the HSAC, the Complaint fails to state a cause of action, or the same is not sufficient in form and substance.

Any case filed by a homeowners association not duly registered or re-registered with the DHSUD shall likewise be dismissed outright or at any stage of the proceedings, without prejudice to its liability to be sued before the HSAC by its members or other interested parties.

SECTION 28. Powers of the Regional Adjudicator. — The Regional Adjudicator shall have the following powers:

(a) To hear and decide cases cognizable by the HSAC consistent with these Rules;

(b) To administer oaths, summon the parties to a controversy, and issue subpoena ad testificandum and subpoena duces tecum;

(c) To issue temporary restraining orders or writs of preliminary injunction and other provisional remedies allowed under these Rules;

(d) To cite and/or declare any person in direct or indirect contempt and impose appropriate penalties therefor;

(e) To impose fines and/or other penalties for violation of these Rules and related laws and regulations, or any order, resolution, or decision of the HSAC;

(f) To issue writs of execution and special orders resolving incidents related thereto; and

(g) To perform such other powers and functions as are implied, necessary, or incidental to carry out the express powers granted to the Regional Adjudicator.

SECTION 29. Inhibition of the Regional Adjudicator. —

(a) Mandatory Inhibition. — The Regional Adjudicator shall inhibit motu proprio or upon motion from adjudicating a case on any of the following grounds:

(1) The Regional Adjudicator'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 Regional Adjudicator is related to either of the parties or their counsel within the sixth degree of consanguinity or affinity; or

(3) The Regional Adjudicator has participated as counsel in the same case.

(b) Discretionary Inhibition. — The Regional Adjudicator may motu proprio inhibit from handling a case by issuing an order stating any other justifiable ground as basis for the inhibition.

SECTION 30. Procedure for Inhibition. — The party seeking the inhibition of a Regional Adjudicator shall file a motion for inhibition stating the grounds with the evidence in support thereof. Thereafter, the Regional Adjudicator shall rule on the motion within five (5) calendar days from receipt thereof.

SECTION 31. Reassignment of Cases upon Inhibition of a Regional Adjudicator. — When Regional Adjudicator inhibits from hearing or deciding a case, the Chief Regional Adjudicator, or any duly designated Regional Adjudicator, shall raffle the case to another Regional Adjudicator. In the absence of other Regional Adjudicators in the RAB, the Chief Regional Adjudicator shall immediately notify the Executive Clerk for the reassignment of the case to a Regional Adjudicator of the nearest RAB. Thereafter, the records of the case shall be transmitted accordingly.

SECTION 32. Procedure in the RABs without an Adjudicator. — In case a RAB does not have a Regional Adjudicator, the Legal Division of the RAB shall perform the functions of a Regional Adjudicator, except to decide the case, to issue temporary restraining orders or writs of preliminary injunction and other provisional remedies, and to cite parties in contempt, which shall be performed by the Regional Adjudicator of the nearest RAB to whom the case will be assigned by the Executive Clerk.

When the case is deemed submitted for decision as provided under Section 53 hereof, the Legal Division of the RAB shall, within five (5) calendar days therefrom, transmit the records of the case to the Regional Adjudicator of the nearest RAB to whom the case is assigned by the Executive Clerk. ETHIDa

The Regional Adjudicator shall resolve the case within a period of ninety (90) calendar days from receipt of the records. Within ten (10) calendar days from resolution of the case, the records thereof shall then be remanded to the RAB of origin for the release and service of the judgment to the parties.

RULE 8

Service of Notices, Decisions, Orders, Resolutions, or Other Judgements

SECTION 33. Service of Notices, Decisions, Orders, Resolutions, or Other Judgments. — Notices, decisions, orders, resolutions, or other judgements shall be served on the parties and/or counsel of record personally through the process server or sheriff, by registered mail, or by courier. Upon ex parte motion of any party in the case, a copy of the notices, decisions, orders, resolutions or other judgments may be delivered by courier at the expense of such party. When a party summoned by publication has failed to appear in the action, judgments, orders, or resolutions shall be served upon such party also by means of publication at the expense of the prevailing party.

SECTION 34. Service Through Electronic Means. — Notices, decisions, orders, resolutions, or other judgments may be served and effected to the parties through electronic mail, facsimile transmission, or other electronic means, if the party concerned consents to such modes of service, except subpoena, temporary restraining orders, and writs of preliminary injunction.

If a party indicates in his/her/its pleadings an electronic email address or facsimile transmission number, the same shall be deemed an authority for the RAB or the Commission to serve notices to such party through these means.

SECTION 35. Proof and Completeness of Service. — The return of prima facie proof of the facts indicated therein.

Service by registered mail is complete upon actual receipt by the addressee or his/her/its agent, or after five (5) calendar days from the date he/she received the first notice of the postmaster, whichever date is earlier.

Service by courier is complete upon actual receipt by the addressee. It is presumed complete after at least two (2) attempts to deliver by the courier service, or upon the expiration of five (5) calendar days after the first attempt to deliver, whichever is earlier.

Electronic service is complete at the time of the electronic transmission of the document, or when available, at the time that the electronic notification of service of the document is sent. Electronic service is not effective or complete if the party serving the document learns that it did not reach the addressee or person to be served.

Service by facsimile transmission is complete upon receipt by the other party, as indicated in the facsimile transmission printout.

RULE 9

Issuance and Service of Summons

SECTION 36. Issuance, Service and Return of Service of Summons. — Upon finding that none of the grounds for the outright dismissal of the Complaint or action as provided under Section 27 hereof is present, the Regional Adjudicator shall forthwith issue summons to the respondent. The summons, together with a copy of the Complaint and all the attachments filed, may be served to the respondent personally by the process server or sheriff, or by registered mail or through courier service in accordance with these Rules.

After at least two (2) failed attempts of service of summons by a combination or repetition of any of the modes mentioned in the immediately preceding paragraph, the Regional Adjudicator may authorize the complainant, or in the case of a judicial entity, its duly authorized representative, to serve the summons: Provided, That if the complainant served the summons to the respondent, the former shall execute an Affidavit of Service which shall be attached to the return of service of summons.

If the complainant misrepresents that the respondent was served summons, and it is later proved that no summons was served, the case shall be dismissed with prejudice, the proceedings shall be nullified, and the complainant shall be meted appropriate sanctions.

If summons is returned without being served to any or all the respondents, the Regional Adjudicator shall order the complainant to cause the service of summons by other means available under these Rules or the Rules of Court. Failure to comply with the order shall cause the dismissal of the Complaint or other initiatory pleading without prejudice.

The return of service of summons shall be submitted to the RAB 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 courier, 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.

SECTION 37. Voluntary Appearance. — The respondent's voluntary appearance in the action shall be equivalent to service of summons. The inclusion in the Answer or any responsive pleading of other defenses aside from lack of jurisdiction over the person of the respondent shall be deemed a voluntary appearance.

RULE 10

Verified Answer

SECTION 38. 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 twenty (20) calendar days from receipt of the summons, furnishing the 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 waived.

SECTION 39. Optional Use of Answer Form or Template by Parties Without Counsel. — A respondent who is not represented by counsel may use the Answer form appended to these Rules either by accomplishing the same manually, or by downloading a digital copy thereof from the HSAC website and encoding the entries, or by using the form as template or guide. All other applicable requirements under these Rules shall be complied with in the filing of the Answer using the form.

RULE 11

Default

SECTION 40. Declaration of Default. — If the respondent fails to answer or file a responsive pleading within twenty (20) calendar days from service of summons, the Regional Adjudicator may, motu proprio or upon motion of the complainant with proof of service to the respondent, declare the respondent in default.

SECTION 41. 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) calendar 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 a meritorious defense. Thereafter, the Regional Adjudicator, within fifteen (15) calendar days from receipt of the motion, shall resolve the same. 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 42. Effect of Order of Default. — The Regional Adjudicator, upon declaring a party in default, shall direct the complainant to file within ten (10) calendar days his/her/its verified Position Paper and Draft Decision, together with supporting documents, after which the case shall be deemed submitted for decision. The party declared in default shall be entitled to notices 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 Regional Adjudicator shall set the case for mandatory conference.

SECTION 43. Review of Judgment 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 hereof. Whatever defense the respondent may have against the complainant may still be raised on appeal.

RULE 12

Conference, Mediation, and Amicable Settlement

SECTION 44. Mandatory Conference. — The conduct of conference, including mediation, is mandatory. Within five (5) calendar days from receipt of the Answer, the Regional Adjudicator shall issue the notice for the conduct of a mandatory conference for the following purposes:

(a) To consider the possibility of an amicable settlement through mediation;

(b) The agreement of the parties to be served with subsequent pleadings, motions, other documents, notices, judgments, orders, or resolutions through electronic means, except as provided under Section 17 and Section 34 hereof;

(c) The agreement of the parties to the conduct of subsequent conferences, including mediation proceedings, through teleconferencing;

(d) The scheduling by the Regional Adjudicator of the mediation, which shall be signed by the parties and shall serve as notice to them;

(e) The definition and simplification of the issues;

(f) The possibility of entering into admissions or stipulations of facts;

(g) The submission by the parties of additional documentary evidence and marking of exhibits; and

(h) The resolution of all other preliminary matters.

The holding of the mandatory conference shall be terminated within thirty (30) calendar days from the date of initial conference, unless the parties agree to an extension not exceeding thirty (30) calendar days. No further extension shall be allowed. cSEDTC

SECTION 45. Mediation Proceedings. — Within the period for the conduct of the mandatory conference, mediation proceedings shall be conducted.

Prior to the conduct of mediation proceedings, the 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 46. Confidentiality of Mediation Proceedings. — All information obtained during the mediation proceedings shall be confidential, and shall not be admissible for any purpose in any proceeding, unless otherwise specifically provided by law.

SECTION 47. Mandatory Appearance of Parties. — 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 secretary's certificate, as the case may be, with full power to enter into a compromise agreement or settlement. Such authority shall be presented to the Mediator before the commencement of the mediation proceedings.

SECTION 48. 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 in the initial conference.

SECTION 49. 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 Mediator. The Mediator shall return the case to the Regional Adjudicator together with the compromise agreement. The Regional Adjudicator shall forthwith render judgment based on the compromise agreement, which shall be immediately final and executory.

SECTION 50. Termination of Mediation Proceedings. — Where no compromise or settlement is reached, the Mediator shall terminate the proceedings and issue a certificate attesting thereto. The Mediator shall immediately elevate the records of the case to the Regional Adjudicator.

RULE 13

Position Papers and Draft Decisions

SECTION 51. Position Papers and Draft Decisions. — Upon the termination of the mandatory conference, the Regional Adjudicator shall issue an order directing the parties to file within fifteen (15) calendar days from receipt thereof their respective position papers, attaching thereto the affidavits of their witnesses and documentary evidence, as well as their draft decisions.

Said position papers and draft decisions shall state clearly and distinctly the facts, the issues, and applicable laws and jurisprudence on which they are based.

SECTION 52. Ocular Inspection and/or Clarificatory Hearings. — At any time before the case is resolved, the Regional Adjudicator or his/her duly authorized representative may, motu proprio or upon motion, conduct an ocular inspection of the project and/or conduct clarificatory hearings provided the same are held within the ninety (90)-calendar-day period for the resolution of the case.

RULE 14

Judgment of the Regional Adjudicator

SECTION 53. When Case Deemed Submitted for Decision. — A case is deemed submitted for decision when the parties have filed their respective position papers and draft decisions, or when the period to file the same expires.

SECTION 54. Judgment. — The Regional Adjudicator shall resolve the case within ninety (90) calendar days from the date the case is deemed submitted for decision. All pending motions as well as unresolved incidents filed thereafter shall be resolved in the judgment.

SECTION 55. Notice of the Judgment to the Parties. — The Regional Adjudicator, through the process server or sheriff, or by registered mail or courier service, shall forthwith send a copy of the judgment to the parties and to the counsel of record, or to the parties themselves when not represented by counsel. When service is made both to the parties and counsel, the reckoning period to appeal shall be the date the counsel received the judgment.

When a party represented by counsel personally or directly obtains from the RAB 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 56. No Motion for Reconsideration of Regional Adjudicator's Decision. — No motion for reconsideration shall be allowed nor be acted upon from the judgment of the Regional Adjudicator and the filing of the same shall not toll the reglementary period to file an appeal. AIDSTE

PART 3

Provisional and Special Remedies

RULE 15

General Provisions

SECTION 57. Coverage. — These Rules shall be applicable to the following provisional and special remedies, which include:

(a) Creation of Management Committee;

(b) Preliminary Injunction;

(c) Contempt;

(d) Inspection of Books and Records;

(e) Enforcement or Execution of Compromise Agreements executed by the parties in conciliation proceedings before the DHSUD; and

(f) Other applicable provisional and special remedies in the Rules of Court.

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

Special remedies are initiated as a main case and may be availed of by way of a verified petition or complaint as the principal relief in accordance with Section 20 hereof.

SECTION 58. 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 except for the judgments of the Commission en banc in direct contempt cases which are unappealable.

RULE 16

Management Committee

SECTION 59. Creation of a Management Committee. — The Commission or the Regional Adjudicator having jurisdiction over the case may, upon a verified petition or motion by any of the parties, create a management committee for the HOA 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 HSAC and shall be under the control and supervision of the Regional Adjudicator, Commission, or their duly 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 Regional Adjudicator or Commission from a mutually-agreed list of nominees submitted by the parties. In the event that one or both parties fail or refuse to nominate a member, the Regional Adjudicator or Commission shall appoint such member or members. The members of the management committee shall not be eligible to run in the next election.

SECTION 60. Grounds for the Creation of a Management Committee. — No petition for the creation of the management 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 board members or officers has been declared null and void and majority of the members of the previous board who shall in the meantime hold over is composed of those whose election was declared null and void.

SECTION 61. Action by Management Committee. — A majority of its members shall be necessary for the management committee to act or decide on any matter. The chairperson 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 Regional Adjudicator, Commission, or their duly authorized representative, as the case may be.

SECTION 62. Reimbursement of Expenses. — The management committee and persons hired by it shall be entitled to reimbursement of reasonable expenses, as approved by the Regional Adjudicator, Commission, or their duly authorized representative, as the case may be, which shall be considered as administrative expenses of, and shouldered by, the homeowners association.

SECTION 63. 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 64. Reports. — Within a period of thirty (30) calendar days from their appointment and every month thereafter, the members of the management committee shall submit a report to the Regional Adjudicator, Commission, or their duly authorized representative, as the case may be, copy furnished the Regional Office of the DHSUD where the association is registered, on the state and condition of the association under management. SDAaTC

SECTION 65. Discharge of the Management Committee. — The management committee shall be deemed discharged and dissolved under the following circumstances:

(a) Whenever the Regional Adjudicator, Commission, or their duly authorized representative, as the case may be, motu proprio or upon motion, 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 Regional Adjudicator, Commission, or their duly 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

Preliminary Injunction

SECTION 66. Preliminary Injunction. — A preliminary injunction is issued to enjoin or restrain, after due notice and hearing, any actual or threatened commission of any or all prohibited or unlawful acts in any dispute within the RAB's jurisdiction which, if not restrained forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party.

A preliminary mandatory injunction is issued to require the performance of a particular act in any dispute within the RAB's jurisdiction which, if not performed forthwith, may cause grave or irreparable damage to any party or render ineffectual any decision in favor of such party.

SECTION 67. Application for Preliminary Injunction. — Upon the Regional Adjudicator's receipt of the Verified Complaint with application for issuance of a writ of preliminary injunction, the Regional Adjudicator shall, within five (5) calendar days, issue the summons together with the schedule of hearing for the application for issuance of a writ of preliminary injunction.

When the application for preliminary injunction is filed separately subsequent to the Complaint, the same shall be verified and must show facts entitling the applicant to the relief demanded. Upon receipt of the application, the Regional Adjudicator shall set the same for hearing within five (5) calendar days from such receipt and notify the parties thereof.

SECTION 68. Grounds for the Issuance of Writ of Preliminary Injunction or Temporary Restraining Order. — In no case shall a writ of preliminary injunction or temporary restraining order be issued except after a finding of fact by the Regional Adjudicator to the effect that:

(a) Prohibited or unlawful acts have been threatened and will be committed and will be continued unless restrained. No injunction or temporary restraining order shall be issued on account of any threat, prohibited or unlawful act, except against the person or persons, association or organization making the threat or committing the prohibited or unlawful act or actually authorizing or ratifying the same after actual knowledge thereof;

(b) Substantial and irreparable injury to applicant's property will follow;

(c) As to each item of relief to be granted, greater injury will be inflicted upon applicant by the denial of relief than will be inflicted upon respondent by the granting of relief;

(d) Applicant has no adequate remedy at law; and

(e) Public officers charged with the duty to protect applicant's property are unable or unwilling to furnish adequate protection.

SECTION 69. Preliminary Injunction Not Granted Without Notice; Exception. — No preliminary injunction shall be granted without hearing and prior notice to the party or person sought to be enjoined.

If the matter is of extreme urgency and there is showing that the applicant stands to suffer grave injustice and irreparable injury before the matter can be heard on notice, the Regional Adjudicator may issue ex parte a temporary restraining order effective for only seventy-two (72) hours from issuance provided, that notice of hearing on the application shall be preceded or contemporaneously accompanied by service of summons, together with a copy of the Complaint or initiatory pleading and bond. Thereafter, within the aforesaid seventy-two (72) hours, the Regional Adjudicator before whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall be extended until the application for preliminary injunction can be heard. In no case shall the total period of effectivity of the temporary restraining order exceed twenty (20) calendar days, including the original seventy-two (72) hours provided herein.

In the event that the application for preliminary injunction is denied or not resolved within the said period, the temporary restraining order is deemed automatically vacated. The effectivity of a temporary restraining order is not extendible without need of any declaration to that effect and no Regional Adjudicator shall have authority to extend or renew the same on the same ground for which it was issued. AaCTcI

SECTION 70. Bond for Preliminary Injunction or Temporary Restraining Order. — When the application for issuance of a writ of preliminary injunction or temporary restraining order is granted, the Regional Adjudicator shall, in the same order, direct the applicant to post a bond executed to or in favor of the party enjoined, in an amount to be fixed by the Regional Adjudicator, to the effect that the applicant will pay to such party all damages which the latter may sustain by reason of the injunction or temporary restraining order if the Regional Adjudicator should finally decide that the applicant was not entitled thereto. The preliminary injunction or temporary restraining order shall be effective upon the posting of the bond with notice to the party enjoined.

SECTION 71. Grounds for Opposition to, or for Motion for Dissolution of, Injunction or Temporary Restraining Order. — The application for injunction or restraining order may be denied upon a showing of its insufficiency. The injunction or restraining order may also be denied, or, if granted, dissolved by motion of the party enjoined:

(a) If it appears after hearing that although the applicant is entitled to the injunction or restraining order, the issuance or continuance thereof, as the case may be, would cause irreparable damage to the party or person enjoined while the applicant can be fully compensated for such damages as he/she/it may suffer; or

(b) Upon showing of other justiciable grounds to deny or dissolve the same.

The motion for dissolution shall be filed by the party enjoined within ten (10) calendar days from the receipt of the writ of preliminary injunction. The adverse party may file a comment within a non-extendible period of five (5) calendar days from the receipt of the motion. After the receipt of the comment or lapse of the period to file the same, the Regional Adjudicator shall resolve the motion within five (5) calendar days therefrom.

Upon finding justifiable ground to dissolve or lift an injunction or a restraining order already issued during the pendency of the case, the Regional Adjudicator shall, in the same order, direct the movant to post a bond in an amount twice that posted in the issuance of the injunction or temporary restraining order conditioned that he/she/it will pay all damages which the applicant may suffer by the dissolution of the injunction or restraining order.

SECTION 72. When Final Injunction Granted. — If after the proceedings on the main case it appears that the applicant is entitled to have the act or acts complained of permanently enjoined, the Regional Adjudicator shall grant a final injunction perpetually restraining the party or person enjoined from the commission or continuance of the act or acts or confirming the preliminary mandatory injunction.

SECTION 73. Petition for Review of Writ of Preliminary Injunction; Effect. — A party aggrieved by the resolution granting or denying the motion for dissolution of the writ of preliminary injunction may file a petition for review thereof on any legal ground before the Commission en banc within fifteen (15) calendar days from receipt of a copy of the resolution. Within five (5) calendar days from the receipt of the petition for review, the Regional Adjudicator shall elevate the petition, together with a duplicate copy of the case records, to the Commission en banc.

The Commission en banc shall resolve the petition for review within thirty (30) calendar days after the same is submitted for resolution. The filing of the petition shall not automatically stay such writ and shall not suspend the proceedings of the main case. An order issued by the Commission en banc staying or lifting the writ shall be immediately executory unless enjoined by the Court of Appeals.

RULE 18

Contempt

SECTION 74. Direct Contempt. — Any person who commits any act of misbehavior in the presence of or so near any member of the Commission, or any of its Regional Adjudicators as to obstruct or interrupt the proceedings before the same, including:

(a) Disrespect toward said officials;

(b) Offensive acts towards others;

(c) Refusal to be sworn, or to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so; or

(d) Other such analogous acts of misbehavior disruptive of the proceedings.

may be summarily adjudged guilty of direct contempt by said officials. Such person shall be punished by a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding five (5) days, or both if it be committed against the Commission or any member thereof; and a fine not exceeding One thousand pesos (P1,000.00) or imprisonment not exceeding one (1) day, or both if the offense is committed against a Regional Adjudicator. acEHCD

SECTION 75. Remedy from Judgment of Direct Contempt; Bond for Stay. — The person adjudged in direct contempt by the Regional Adjudicator may appeal to the Commission en banc and the execution of the judgment shall be suspended pending the resolution of the appeal upon the filing by such person of a bond on condition that he/she will abide by and perform the judgment of the Commission en banc should the appeal be decided against him/her. The judgment of the Commission en banc on direct contempt is immediately executory and unappealable.

SECTION 76. Indirect Contempt. — A person guilty of any of the following acts may be punished for indirect contempt:

(a) Disobedience of or resistance to a lawful writ, process, order, or judgment of the HSAC, including the act of a person who, after being dispossessed or ejected from any real property by the judgment or process of the RAB, enters or attempts or induces another to enter into or upon such real property, for the purpose of executing acts of ownership or possession, or in any manner disturbs the possession given to the person adjudged to be entitled thereto;

(b) Any abuse of or any unlawful interference with the processes or proceedings of the HSAC not constituting direct contempt under Section 74 hereof;

(c) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the administration of justice;

(d) Representing himself/herself to be an attorney or an officer of the HSAC, and acting as such without authority;

(e) Failure to obey a subpoena duly served; or

(f) Recovery or attempting to recover without any authority a person or property being held or in the custody of an officer by virtue of an order or process issued by the Regional Adjudicator or the Commission.

Nothing in this section shall be so construed as to prevent the Regional Adjudicator or the Commission from issuing process to bring the respondent before the Regional Adjudicator or the Commission or from holding him/her in custody pending such proceedings.

SECTION 77. How Proceedings Commenced. — Proceedings for indirect contempt may be initiated motu proprio by the Regional Adjudicator or the Commission by an order or any other formal charge requiring the respondent to show cause why he/she should not be punished for contempt.

In all other cases, charges for indirect contempt shall be commenced by a verified petition with supporting particulars and original or certified true copies of documents or papers involved therein, and upon full compliance with the requirements for the filing of a complaint under Section 20 hereof. If the contempt charges arose out of or are related to a principal action pending with the Regional Adjudicator, the petition for contempt shall allege that fact but said petition shall be docketed, heard, and decided separately, unless the Regional Adjudicator in his/her discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decision.

SECTION 78. Where Charge to be Filed. — Where the charge for indirect contempt has been committed against a Regional Adjudicator, the charge shall be filed with the Regional Adjudicator subject to appeal to the Commission. Where such contempt has been committed against the Commission, the charge shall be filed with the Commission.

SECTION 79. Punishment for Indirect Contempt. — If the respondent is adjudged guilty of indirect contempt committed against the Commission, he/she may be punished by a fine not exceeding Thirty thousand pesos (P30,000.00) or imprisonment not exceeding six (6) months, or both. If he/she is adjudged guilty of contempt committed against a Regional Adjudicator, he/she may be punished by a fine not exceeding Five Thousand pesos (P5,000.00) or imprisonment not exceeding one (1) month, or both. If the contempt consists in the violation of a writ of injunction or temporary restraining order, he/she may also be ordered to make complete restitution to the party injured by such violation of the property involved or such amount as may be alleged and proved. A writ of execution shall issue for the enforcement of a judgment imposing a fine.

SECTION 80. Imprisonment until Order Obeyed. — When the contempt consists in the refusal or omission to do an act which is yet in the power of the respondent to perform, he/she may be imprisoned by order of the Regional Adjudicator or the Commission until he/she performs it.

SECTION 81. Regional Adjudicator or Commission May Release Respondent. — The Regional Adjudicator or the Commission who issued the order imprisoning a person for contempt may discharge him/her from imprisonment when it appears that public interest will not be prejudiced by his/her release. EcTCAD

SECTION 82. Review of Judgment or Final Order of Indirect Contempt; Bond for Stay. — The person adjudged in indirect contempt by the Regional Adjudicator may appeal to the Commission. The judgment or final order of the Commission on indirect contempt is appealable to the Court of Appeals. However, the execution of the judgment or final order shall not be suspended until a bond is filed by the person adjudged in contempt, in an amount fixed by the Regional Adjudicator or the Commission from whom the appeal is taken, conditioned that if the appeal be decided against him/her, he/she will abide by and perform the judgment or final order.

RULE 19

Inspection of Books and Records

SECTION 83. 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 HOA and/or to be furnished with the financial settlements or reports required by law. Where the Complaint consists of a cause or causes of action, or prays for a relief or reliefs other than the enforcement of the homeowners' right of inspection, this Rule shall not apply.

SECTION 84. Petition for Inspection of Books and Records. — In addition to the requirements of a complaint in Section 20 hereof, 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 copying 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 85. Duty of the Regional Adjudicator upon the Filing of the Petition. — Within ten (10) calendar days from receipt of the petition, the Regional Adjudicator shall issue the summons, which shall be served, together with a copy of the petition, on the respondent in accordance with Rule 9 hereof. Within the same period, the Regional Adjudicator shall dismiss the same upon a finding that the case does not fall within the jurisdiction of the HSAC or the same is not sufficient in form and substance.

SECTION 86. 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) calendar days from receipt of the summons. In addition to the requirements in Section 38 hereof, 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 Regional Adjudicator, 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 87. 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 88. Effect of Failure to Answer. — If the respondent fails to file a verified Answer or responsive pleading within the reglementary period, the Regional Adjudicator may, motu proprio or upon motion of the complainant with proof of service to the respondent, declare the respondent in default. The provisions under Rule 11 hereof shall apply accordingly.

SECTION 89. Decision. — The Regional Adjudicator shall render a decision based on the pleadings, affidavits, documentary and other evidence attached thereto, without requiring the submission of position paper and draft decision, within thirty (30) calendar days from receipt of the last pleading or lapse of the period to file the same. 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.

RULE 20

Enforcement or Execution of DHSUD-Conciliated Compromise Agreement

SECTION 90. Coverage. — This Rule shall apply to the enforcement or execution of any compromise agreement as an outcome of conciliation proceedings conducted by the Regional Office of the DHSUD acting on letters of complaint or requests for assistance in relation to its regulatory mandates over the real estate development and homeowners associations.

SECTION 91. Petition for Enforcement or Execution of Compromise Agreement. — In addition to the requirements of a complaint under Section 20 hereof, the petition shall must also allege and support the following: SDHTEC

(a) The petition is for the enforcement or execution of a compromise agreement between the parties as an outcome of conciliation proceedings conducted by the DHSUD acting on letters of complaint or request for assistance in relation to its mandates;

(b) The compromise agreement is not contrary to law, morals, or public policy; and

(c) The respondent failed to comply with the terms and conditions of the compromise agreement.

SECTION 92. Duty of the Regional Adjudicator upon the Filing of the Petition. — Within ten (10) calendar days from receipt of the petition, the Regional Adjudicator shall issue the summons, which shall be served, together with a copy of the petition, to the respondent in accordance with Rule 9 hereof. Within the same period, the Regional Adjudicator shall dismiss the same upon finding that the same is not sufficient in form and substance.

SECTION 93. Answer to the Petition for Enforcement of Compromise Agreement. — The respondent shall file an answer to the petition, serving a copy thereof upon the petitioner, within ten (10) calendar days from receipt of the summons. The Answer shall comply with the requirements under Section 38 hereof.

SECTION 94. Affidavits, Documentary and Other Evidence. — The parties shall attach to the petition and answer the affidavits of witnesses as well as documentary and other evidence in support of the allegations.

SECTION 95. Effect of Failure to Answer. — If the respondent fails to file a verified Answer or responsive pleading within the reglementary period, the Regional Adjudicator may, motu proprio or upon the motion of the complainant with proof of service to the respondent, declare the respondent in default. The provisions under Rule 11 hereof shall apply accordingly.

SECTION 96. Decision. — The Regional Adjudicator shall render a decision based on the pleadings, affidavits, documentary, and other evidence attached thereto, after filing of the Answer, without requiring the submission of position paper and draft decision, within thirty (30) calendar days from receipt of the last pleading or lapse of the period to file the same.

PART 4

Election Cases

RULE 21

Election Contest

SECTION 97. Coverage. — 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 as provided in its articles of incorporation or bylaws.

SECTION 98. Filing of Election Contest. — In addition to the requirements under Section 20 hereof, the Complaint in an election contest must state that the case was filed within twenty (20) calendar days from receipt of the resolution of the controversy by the Election Committee pursuant to its election rules or bylaws. If the election rules or bylaws of the association do not provide for a procedure for the resolution of the controversy, the Complaint shall be filed within twenty (20) calendar days from the date of the election or date of proclamation, if the same has been made.

The complainant shall attach all supporting documents to the Complaint as no position paper will be required under this Rule.

SECTION 99. Duty of the Regional Adjudicator upon Filing of the Complaint. — Within ten (10) calendar days from receipt of the Complaint, the Regional Adjudicator shall issue the summons, which shall be served, together with a copy of the Complaint, to the respondent in accordance with Rule 9 hereof. Within the same period, the Regional Adjudicator shall dismiss the same upon a finding that the Complaint does not fall within the jurisdiction of the HSAC, the same is not sufficient in form and substance, or the homeowners association is not duly registered or re-registered with the DHSUD.

SECTION 100. Answer. — Within ten (10) calendar days from receipt of summons and a copy of the Complaint, the respondent shall file an answer with proof of service to the complainant. The respondent shall attach all supporting documents as no position paper will be required under this Rule. After the filing of the Answer, the case shall be deemed submitted for resolution.

SECTION 101. Effect of Failure to Answer. — If the respondent fails to file a verified Answer or responsive pleading within the reglementary period, the Regional Adjudicator may, motu proprio or upon motion of the complainant with proof of service to the respondent, declare the respondent in default. Thereafter, the case shall be deemed submitted for resolution.

SECTION 102. Clarificatory Conference. — At any time before the case is resolved, the Regional Adjudicator may, motu proprio or upon motion, 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 provided that the same is held within the period for the resolution of the case prescribed in the succeeding section. HSAcaE

SECTION 103. Decision. — The Regional Adjudicator shall render a decision based on the pleadings, affidavits, documentary and other evidence on record within a period of thirty (30) calendar days after the case is submitted for resolution.

SECTION 104. Appeal of Judgment or Order in Election Contests. — The party aggrieved by the judgment of the Regional Adjudicator in an election contest may appeal to the Commission en banc within fifteen (15) calendar days from receipt of the decision or order. The Commission en banc shall resolve and appeal within thirty (30) calendar days after the same is submitted for resolution. The decision rendered thereon by the Commission en banc shall be immediately executory notwithstanding any appeal to the Court of Appeals, unless otherwise ordered by the latter. No Motion for Reconsideration shall be entertained.

SECTION 105. 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 22

The Commission

SECTION 106. Composition and Functions of the Commission En Banc and Its Divisions; Inhibition. —

a) Composition. — The Commission is composed of five (5) Commissioners appointed by the President. From among the five (5) Commissioners, the President shall appoint the Executive Commissioner.

b) Commission en banc. — The Commission sitting en banc shall resolve the following:

(1) Petitions for Review of Writs of Preliminary Injunction under Rule 17 hereof;

(2) Appeals from decisions of local and regional planning and zoning bodies;

(3) Cases involving novel issues with policy implications, upon the indorsement of the Division to which the cases were originally raffled;

(4) Appeals from judgments or orders in election contests under Rule 21 hereof; and

(5) Motions for reconsideration of judgments or orders rendered or issued by any of its Divisions as provided under Section 123 hereof.

c) Divisions. — In order to efficiently carry out its adjudicatory function, the Commission may also sit in three (3) Divisions, each composed of a combination of three (3) Commissioners: Provided, That no two (2) Divisions shall have the same composition. Except those enumerated in paragraph (b) above, all other appeals shall be resolved by the Divisions.

d) Inhibition. — No motion to inhibit the entire Division or the Commission en banc shall be entertained. However, any Commissioner may inhibit from the consideration and resolution of any case or matter before the Division or en banc and shall so state in writing the legal or justifiable grounds therefor.

SECTION 107. Raffle of Cases; Consolidation. — The assignment of appealed cases shall be by raffle among the three Divisions. Where two or more parties filed separate appeals from the same Decision, their appeals shall be consolidated. 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 was raffled.

RULE 23

Appeal Memorandum and Counter-Memorandum

SECTION 108. Allowed Pleadings. — The only pleadings allowed on appeal are the Appeal Memorandum and the Counter-Memorandum. Unless otherwise directed by the Commission, no other pleadings shall be allowed and the filing thereof shall not toll the period for the resolution of the appeal.

RULE 24

Appeal from the Judgment of the Regional Adjudicator

SECTION 109. Appeal Memorandum. — An appeal may be taken from the decision of the Regional Adjudicator on any legal ground and upon payment of the appeal fee, by filing with the RAB a verified Appeal Memorandum in three (3) copies within fifteen (15) calendar days from receipt of the assailed decision.

Within five (5) calendar days from receipt of the Appeal Memorandum, the RAB shall elevate the records of the case of the Commission together with the summary of proceedings. The summary of proceedings shall indicate the material dates, incidents, and documents contained in the case records transmitted.

If two or more parties filed separate appeals from the Decision of the Regional Adjudicator, each appeal shall be docketed separately with distinct case number but the appeals shall be consolidated. HESIcT

SECTION 110. Contents of Appeal Memorandum. —

(a) Title and Caption — The heading shall state that the case is filed under the jurisdiction of the HSAC. 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 appealed decision;

(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 the appeal;

(e) Statement of the Grounds for the Appeal. — The grounds upon which the appeal is based;

(f) Reliefs. — The ultimate claims of the parties;

(g) Verification. — The verification which shall be in accordance with Section 20 (e) hereof;

(h) Affidavit of service to the other party. — An affidavit stating the date of service of the Appeal Memorandum upon the other party made through any of the modes of service allowed under Rule 4 hereof and a copy of the registry receipt which shall be attached thereto; and

(i) Appeal Bond. — In case of money judgment, an appeal bond in cash or manager's check posted with the Commission or surety bond in accordance with the immediately succeeding section, equivalent to the amount of the award and actual damages, excluding interests, other damages, and attorney's fees.

SECTION 111. 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 signatures 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 awards 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 abovementioned supporting documents. The appellee shall verify the regularity and genuineness thereof and immediately report any irregularity to the Commission. Upon verification by the Commission that the bond is irregular or not genuine, the Commission shall immediately dismiss the appeal, and concurs or cite in contempt the responsible parties and their counsels, or subject them to reasonable fine or penalty.

SECTION 112. Counter-Memorandum. — Upon receipt of a copy of the appellant's memorandum and without waiting for any separate order from the Commission, the appellee shall file a counter-memorandum directly with the Commission through the OECC, in three (3) copies within a non-extendible period of ten (10) calendar days from receipt of the appellant's memorandum, with proof of service to the appellant.

SECTION 113. Effect of Filing an Appeal. — The appeal shall stay the execution of any decision or order of the Regional Adjudicator unless otherwise provided under these Rules. AcICHD

SECTION 114. Admissibility of New Evidence on Appeal. — The Commission may, in the evaluation of the appeal, order the reception of evidence, order the conduct of clarificatory hearings or ocular inspection, or issue subpoena to any concerned agency for the latter to produce or its proper officers to testify on the relevant corporate records of the association or technical docket of the project where necessary.

RULE 25

Appeal from the Decision of the Local and Regional Planning and Zoning Bodies

SECTION 115. Appeal Memorandum. — Pursuant to Section 15 of Republic Act No. 11201, a party aggrieved by the decision of any local or regional planning and zoning body may appeal therefrom on any legal ground to the Commission en banc by filing with the OECC a verified Appeal Memorandum, with a copy of the relevant zoning ordinance and/or any other supporting documents, in three (3) copies and payment of the appeal fee. The appeal shall be made within the period provided in the Zoning Ordinance of the city or municipality, with proof of service to such local or regional planning and 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 shall be taken within fifteen (15) calendar days from the appellant's receipt of the decision of such local or regional planning and zoning body. Failure of the appellant to secure from the LGU certified true copies of pertinent documents due to the latter's unjustified refusal shall be a cause for the issuance of the subpoena. A statement to that effect shall be included in the Appeal Memorandum.

SECTION 116. Elevation of Records and Filing of Comment or Counter-Memorandum. — Within ten (10) calendar days from the receipt of the Appeal Memorandum, the Commission shall order the local or regional planning and zoning body to cause the elevation of certified true copies of the original records of the case including the relevant zoning ordinance and/or other supporting documents to the Commission. Within the same period, the local or regional planning and zoning body may file its comment to the Appeal Memorandum, with proof of service to the parties. The private adverse party or appellee, if any, may file a counter-memorandum with proof of service to the appellant and the local or regional planning and zoning body within ten (10) calendar days from receipt of the Appeal Memorandum.

When the local or regional planning and zoning body fails to elevate certified true copies of the original records of the case including the relevant zoning ordinance within the period provided, the appeal shall be decided based on the appellant's evidence.

SECTION 117. Contents of Appeal Memorandum. — The Appeal Memorandum shall contain those enumerated under Section 110 hereof, except the appeal bond. In addition, the appellant shall attach thereto original or certified true copies of documentary evidence in support of the appeal.

SECTION 118. Admissibility of New Evidence on Appeal. — The Commission may, in the evaluation of the appeal, order the reception of evidence, order the conduct of clarificatory hearings or ocular inspection, or issue subpoena when necessary.

RULE 26

Dismissal of the Appeal

SECTION 119. Dismissal of the Appeal. — The appeal shall be dismissed on any of the following grounds:

(a) Filing of the appeal beyond 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 of the appeal;

(e) Failure to pay appeal fees;

(f) 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 others of the Commission and/or requirements of these Rules.

RULE 27

Judgment of the Commission

SECTION 120. When Appeal Deemed Submitted for Decision. — An appeal is deemed submitted for decision upon the filing by the appellee, or in case there are several appellees, the last appellee, of the Counter-Memorandum, or when the period to file the same expires. caITAC

SECTION 121. Judgment of the Commission. — The Commission en banc and its Divisions shall resolve the appeal within one hundred twenty (120) calendar days from the date the appeal is deemed submitted for decision. All pending motions as well as unresolved incidents filed after the submission of the appeal for decision shall be resolved in the judgment.

SECTION 122. Notice of the Judgment. — The Commission shall notify the parties of the resolution of the appeal by serving a copy of the judgment upon the parties and 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 123. Motion for Reconsideration of Judgment or Order of the Division. — Within fifteen (15) calendar days to file an appeal with the Court of Appeals under Rule 43 of the Rules of Court, any party may file a motion for reconsideration of the judgment or order on appeal of the Division to the Commission en banc. Provided, That only one (1) such motion from the same party shall be entertained.

SECTION 124. Period to Resolve the Motion for Reconsideration. — The Commission en banc shall resolve the motion for reconsideration within thirty (30) calendar days from the date the motion is deemed submitted for resolution.

PART 6

Finality and Execution of Judgment

RULE 28

Finality of Judgment

SECTION 125. Certificate of Finality. — The Regional Adjudicator, or the Commission through the Executive Clerk, shall issue a Certificate of Finality when the judgment or order has become final and executory at their respective levels in accordance with the immediately succeeding section.

SECTION 126. Determination of Finality of Judgment or Order. —

(a) A judgment or order that disposes of the action or proceeding rendered or issued by the Regional Adjudicator shall become final and executory after the lapse of fifteen (15) calendar days from the date of receipt thereof by the parties and no appeal has been duly perfected within the said period to the Commission;

(b) A judgment or order that disposes of the action or proceeding rendered or issued by the Divisions of the Commission, where no motion for reconsideration was filed by any of the parties to the Commission en banc, shall become final and executory after the lapse of fifteen (15) calendar days from the date of receipt thereof by the parties and no appeal has been duly perfected within the said period to the Court of Appeals; and

(c) A judgment or order that disposes of the action or proceeding rendered or issued by the Commission en banc shall become final and executory after the lapse of fifteen (15) calendar days from the date of receipt thereof by the parties and no appeal has been duly perfected within the said period to the Court of Appeals.

SECTION 127. Entry of Judgment and Final Order. — If no appeal is filed with the Commission within fifteen (15) calendar days from the date of receipt by the parties of a copy of the judgment or final order of the Regional Adjudicator, the same shall forthwith be entered by the Chief Regional Adjudicator, or his/her duly authorized representative, in the book of entries of judgments.

If no appeal of the Court of Appeals or motion for reconsideration to the Commission en banc under Section 123 hereof is filed within fifteen (15) calendar days from the date of receipt by the parties of a copy of the judgment or final order of the Commission en banc or Division, as the case may be, the same shall forthwith be entered by the Executive Clerk, or his/her duly authorized representative, in the book of entries of judgments.

The date when the judgment or final order becomes executory shall be deemed as the date of its entry. The record shall contain the dispositive part of the judgment or final order and shall be signed by the Chief Regional Adjudicator or the Executive Clerk, or their respective duly authorized representative, as the case may be, with a certificate that such judgment or final order has become final and executory. TAIaHE

RULE 29

Execution

SECTION 128. Execution of Final Judgments or Orders. — Execution shall issue, motu proprio or on motion of any interested party, upon a judgment or order that has become final and executory in accordance with Section 128 hereof. A motion for execution shall be filed, copy furnished the other parties, with the RAB of origin and accompanied by:

(a) The original copy or certified true copy or Certificate of Finality issued by the Commission; order or declaration of finality of the Office of the President (OP) for cases decided previously by the Housing and Land Use Regulatory Board (HLURB) and were appealed to the OP pursuant to laws effective at the time of the filing of the appeal thereto; or entry of judgment of the Court of Appeals or the Supreme Court; and

(b) Certified true copy of all judgments on the case, except in the level of the RAB, unless the original docket of the case has already been remanded to the RAB and the original or certified true copies of all judgments are already on file in the docket.

Without need of a separate order from the Regional Adjudicator, the adverse party may file an opposition to the motion for execution within five (5) calendar days from receipt of the motion. The Regional Adjudicator shall resolve the motion and issue the writ of execution within a period of fifteen (15) calendar days from receipt of the opposition, or lapse of the period to file and no opposition has been filed, unless the Regional Adjudicator determines the necessity of a hearing, in which case the Regional Adjudicator shall issue an order resolving the incident within fifteen (15) calendar days from such hearing.

SECTION 129. Execution by Motion or by Independent Action. — Pursuant to Section 19 of Republic Act No. 11201, a decision, order, or award may be executed on motion within five (5) years from the date it becomes final and executory, and thereafter by an independent action for the enforcement of the decision, order, or award filed with the RAB of origin within ten (10) years.

SECTION 130. Writs of Execution. — All writs of execution shall be issued by the Regional Adjudicator directed to the sheriff concerned.

The Commission may issue writs of execution to implement and enforce its judgments on direct contempt when committed against it or any of its members directed to the Executive Clerk as ex officio sheriff or any deputy sheriff.

The Commission may also designate special sheriffs and take any measure under existing laws to ensure compliance with its decisions, orders or awards.

SECTION 131. Prohibited Pleadings in Execution Proceedings. — Pleadings or motions on collateral issues or questions deemed already passed upon or considered in the resolution of the case or incident shall not be acted upon in the resolution of the motion for execution.

SECTION 132. Resolution of Incidents of Execution. — A Writ of Execution is not appealable. All incidents pertaining to the execution of the final and executory judgment shall be resolved by the Regional Adjudicator or the Commission, as the case may be, and, where necessary, a special order for the execution of the judgment, order or award shall be issued.

PART 7

Miscellaneous Provisions

RULE 30

Legal Fees

SECTION 133. Legal Fees. — All legal fees relating to the adjudication of cases shall be in accordance with the current schedule of fees of the HSAC.

SECTION 134. 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 135. 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 136. 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 HSAC.

SECTION 137. Non-Refund of Legal Fees. — All legal fees paid to HSAC shall be non-refundable.

RULE 31

Final Provisions

SECTION 138. Amendments. — These Rules or any portion thereof may be amended or supplemented by the Commission en banc.

SECTION 139. Separability Clause. — If the effectivity of any provision of these Rules is suspended or disapproved, or otherwise declared contrary to law, the unaffected provisions shall remain in force.

SECTION 140. Transitory Provision. — These Rules shall govern all cases filed after their effectivity, and also all pending proceedings, except to the extent that in the opinion of the Commission, their application would not be feasible or would work injustice, in which case the procedure under which the cases were filed shall govern.

SECTION 141. Repealing Clause. — Upon the effectivity of these Rules, all resolutions, orders, memoranda, and circulars which are inconsistent herewith are hereby repealed or modified accordingly, including those issued by the former HLURB.

SECTION 142. Effectivity. — These Rules shall take effect fifteen (15) calendar days after their publication in the Official Gazette or in a newspaper of general circulation. cDHAES

APPROVED. March 2, 2021, Quezon City.

(SGD.) FIDEL L. EXCONDE, JR.Commissioner

(SGD.) SERGIO E. YAP IICommissioner

(SGD.) MELZAR P. GALICIAExecutive Commissioner

ATTESTED:

(SGD.) HANICA RACHAEL ARSHIA J. ONGExecutive Clerk

Published in The Philippine Star on March 6, 2021.