Commissioner Fidel J. Exconde, Jr.

Can a HOA member request for list of members as part of his/ her right to inspect books and records?

Can the Homeowner's Association refuse member's requests for inspection of HOA records?

Your rights when buying a condominium unit..

Real Estate Question and Answer

Decisions of the HSAC are executory despite the pendency of appeal under Rule 43 of the Rules of Court.

This is in accordance with DOJ Opinion No. 37 s. 2023 which interpreted Sections 15 and 18 of RA 11201, otherwise known as the “Department of Human Settlements and Urban Development Act”, which was issued in order to guide litigants and the Human Settlements Adjudication Commission in the enforcement of its decisions.

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The DOJ Opinion states:

Sections 15 and 18 of RA No. 11201, read as follows:

Section 15. Jurisdiction of the Commission. - The Commission shall have the exclusive appellate jurisdiction over:
(a) All cases decided by the Regional Adjudicators; and
(b) Appeals from decisions of local and regional planning and zoning bodies.
The decision of the Commission shall be final and executory after fifteen (15) calendar days from receipt thereof by the parties.

Section 18. Appeals. - Decisions, awards or orders of the Regional Adjudicators shall be final and executory unless appealed to the Commission within fifteen (15) calendar days from receipt of such decisions, awards or orders.
The decision of the Commission upon any disputed matter may be brought upon to the Court of Appeals in accordance with Rule 43 of the Rules of Court.

Section 18 makes reference to Rule 43 of the Rules of Court, Section 12 of which provides as follows:

Section 12. Effect of appeal. — The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just.

Reading the two provisions together, in relation to Section 12, Rule 43 of the Rules of Court, it is clear that the decisions of the Commission En Banc become final and executory after the lapse of fifteen (15) calendar days from the receipt thereof by the parties, in the absence of a stay order from the CA.

Reading the three above-quoted provisions together, it is clear that (a) the decisions of the Commission may be brought to the CA, in accordance with Rule 43 of the Rules of Court, (b) pending appeal, the decisions of the Commission are not stayed, unless the CA issues a restraining order or writ of preliminary injunction, and (c) since the decisions of the Commission are not stayed in the absence of a restraining order or writ of preliminary injunction from the CA, said decisions become final and executory after the lapse of fifteen (15) calendar days from receipt thereof by the parties.

Unlike in ordinary cases where the appeal shall stay the judgment or final order unless the CA, the law or the Rules of Court shall provide otherwise[1], RA No. 11201 specifically provides that decisions of the Commission become final and executory after fifteen (15) calendar days from receipt thereof by the parties even on appeal to the CA unless the appellate court provides otherwise. It is a cardinal rule in statutory construction that when the law is clear and free from any doubt or ambiguity, there is no room for construction or interpretation. The statute must be given its literal meaning and applied without attempted interpretation.[2]

It may be noted that the right to appeal is neither a natural right nor is it a component of due process. It is a mere statutory privilege and may be exercised only in the manner and in accordance with the provisions of law.[3] This being so, an appealing party must strictly comply with the requisites laid down in the Rules of Court.

If the Rules provide that the decisions are not stayed pending appeal, in the absence of a stay order by the CA, the appealing party is bound by such Rules.

Please be guided accordingly.

[sgd.]
Jesus Crispin C. Remulla
Secretary, Department of Justice

[1] Section 8, Rule 42, Rules of Court
[2] Plain Meaning Rule. Bolos v. Bolos, G.R. No. 186400, 20 October 2010, citing Amores v. House of Representative Electoral Tribunal, G.R. No. 189600, 29 June 2010 and Padua v. People, G.R. No. 168546, 23 July 2008.
[3] Fenequito v. Vergara, Jr., G.R. No. 172829, 18 July 2012

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What we can do

HSAC RAB NCR goes digital!

COA commends HSAC for its 2021 performance. Congratulations!

For efficiency and to address lack of personnel, HSAC issued an en banc resolution which farmed out the cases for drafting. Given this, if your case has not yet been resolved, you may ask HSAC that your case be farmed out to expedite the release of decision.

HSAC-UP Law Memorandum of Agreement Signing (23 March 2022)

[HSAC-UP Law Partnership]
[UP OLA Referrals]

Addressing the concerns of the poor and marginalized sectors of our society, HSAC Commissioner Fidel J. Exconde, Jr., together with UP Law Dean Atty. Edgardo Carlo L. Vistan II, entered into a Memorandum of Agreement which enables HSAC to refer indigent complainants to the UP Law Office of Legal Aid who in turn will screen, accept and provide legal representation.

Qualified indigent applicants may inquire with the HSAC Public Affairs Division (located at the Ground Floor of Human Settlements Adjudication Commission, Kalayaan cor. Mayaman St., Quezon City).

[HSAC-UP Law Partnership]

HSAC Commissioner Fidel J. Exconde, Jr. signed a Memorandum of Agreement today, 23 March 2022, with UP College of Law Dean Atty. Edgardo Carlo L. Vistan II for the referral of indigent HSAC litigants to the UP Office of Legal Aid and for the establishment of an HSAC-UP Law Internship Program.

Joining them are Atty. Theodore O. Te (Head of UP Law Clinical Legal Education Program), Director Edgardo L. Samson (Chief Regional Adjudicator, HSAC RAB NCR), and Director Arturo M. Dublado (Head of the HSAC Planning and Management Service).

Meeting with Police Officials and Adjudicators to enforce the Contempt Powers of HSAC

[HOA]

What can the Human Settlements Adjudication Commission (HSAC) do?

5. Declare By-Laws and resolutions as valid or invalid (for violation of RA 9904, its Revised IRR and other applicable laws)

[HOA]

What can the Human Settlements Adjudication Commission (HSAC) do?

4. Resolve disputes among HOA members.

[REM]

What can the Human Settlements Adjudication Commission (HSAC) do?

4. Cancel mortgage made by developer with banks and other financial institutions, which was not registered with the Housing and Land Use Regulatory Board (HLURB) or Department of Human Settlements and Urban Development (DHSUD) – (Section 18, Presidential Decree No. 957)

[HOA]

What can the Human Settlements Adjudication Commission (HSAC) do?

3. Resolve HOA election disputes such as:
a. Validity of the conduct of elections
b. Validity of election rules passed by Election Committee
c. Qualification to run as officers of HOA
d. Quorum and qualification of voters

[REM]

What can the Human Settlements Adjudication Commission (HSAC) do?

3. Cancel Contracts to Sell (Section 23, Presidential Decree 957 and Article 1191 of the Civil Code) in cases of failure to develop or substantial breach, even if the mortgagee bank is not a party to the Contract to Sell.

[HOA]

What can the Human Settlements Adjudication Commission (HSAC) do?

2. Stop illegal collections/fees/exactions for passage through public roads inside a subdivision (Section 99 j of the Revised IRR of RA 9904)

[HOA]

What can the Human Settlements Adjudication Commission (HSAC) do?

1. Order the permanent disqualification (of any person from being elected or appointed as members of the board, officer or employee of the HOA) for violations of Republic Act No. 9904 and its Revised Implementing Rules and Regulations

[REM]
What can the Human Settlements Adjudication Commission (HSAC) do?

2. Order the delivery of title upon full payment (Section 25, Presidential Decree No. 957)

[REM]
What can the Human Settlements Adjudication Commission (HSAC) do?

1. Order refund of payments made in case of:

a. Section 23, Presidential Decree No. 957:
Failure to develop subdivision/condominium project according to approved plans and within the time limit;

b. Section 3, Republic Act No. 6552 (Maceda Law):
Default by buyer of real estate (residential) upon payment of at least two years of installments. The refund (cash surrender value) shall be equivalent to fifty percent of total payments made, and after five years of installment, an additional of five percent every year with a maximum refund of ninety percent (90%) of the total amounts paid

Commissioner Fidel J. Exconde, Jr. updated their business hours.

[JURISDICTION OF THE COMMISSION]

Republic Act No. 11201

Section 15. Jurisdiction of the Commission. - The Commission shall have the exclusive appellate jurisdiction over:

(a) All cases decided by the Regional Adjudicators; and

(b) Appeals from decisions of local and regional planning and zoning bodies.

[JURISDICTION OF THE HSAC REGIONAL ADJUDICATION BRANCHES]

Republic Act No. 11201
Section 16. Jurisdiction of Regional Adjudicators. - The Regional Adjudicators shall exercise original and exclusive jurisdiction to hear and decide cases involving the following:

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

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