The HUMAN SETTLEMENTS ADJUDICATION

COMMISSION (HSAC) was reconstituted from the

Housing and Land Use Regulatory Board (HLURB) by
virtue of Republic Act No. 11201, as a purely quasi-
judicial agency. It is mandated to adjudicate, among
THE others, disputes relating to real estate development,
homeowners associations, and appeals from decisions of

HSAC
local and regional planning and zoning bodies.

In the performance of its functions, the HSAC is guided

by the Constitutional provision that affords all persons
the right to a speedy disposition of their cases before all
judicial, quasi-judicial or administrative bodies.

The HSAC is attached to the Department of Human

Settlements and Urban Development (DHSUD) for
policy, planning and program coordination only.
 Regional Adjudicators - original and exclusive
jurisdiction over:

A. Cases involving subdivisions, condominiums, memorial

parks and similar real estate developments;

B. Cases involving Homeowners Associations;

C. Disputes involving the implementation of Section 18 of

RA 7279, as amended b RA 10884, and its
HSAC implementing rules and regulations;

JURISDICTION 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 bodies.
Commission - 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.
 FAQs
1: Is the Housing and Land Regulatory 2: Does the HSAC have a regulatory
Board (HLURB) still in operation? function like the HLURB?

Answer: Answer:

The HLURB has been reconstituted as No. Under RA 11201, the regulatory
the Human Settlements Adjudication function of HLURB is now vested with the
Commission (HSAC) and retained the Department of Human Settlements and
former's adjudicatory function by virtue Urban Development (DHSUD).
of Republic Act No. 11201 (RA 11201).
 FAQs
3: Where does the HSAC hold office? 4: How do the DHSUD and the HSAC differ?

Answer: Answer:

The HSAC Central Office holds office at the The DHSUD acts as the primary national
HLURB Bldg., Kalayaan Avenue corner government entity responsible for the
Mayaman Street, Diliman, Quezon City. management of housing, human settlements and
urban development.
The HSAC RAB-10 Office is located at 5/F
Limketkai Gateway Tower 1, Limketkai On the other hand, HSAC is a purely quasi-
Center, Lapasan 9000 Cagayan De Oro City judicial body tasked to adjudicate disputes
involving real estate developments, homeowners
associations, and appeals from decisions of local
and regional planning and zoning body. It is
attached to the DHSUD for policy, planning and
program coordination only.
 FAQs
5: What cases fall under the HSAC?
Answer:

A: The following are the cases that fall under HSAC's jurisdiction:

(a) Cases involving subdivisions, condominiums, memorial parks, and similar real estate
development.

(b) Cases involving Homeowners Associations.

(c) Disputes involving the implementation of Section 18 of R.A. 7279, as amended.

(d) Disputes or controversies involving laws and regulations implemented by the DHSUD not falling

within the jurisdiction of other judicial or quasi-judicial bodies.

(e) Appeals from decisions of the local and regional planning and zoning bodies.
 FAQs
6: What is the applicable rules of procedure 7: How many Commissioners does the
in the HSAC? HSAC have?

Answer: Answer:

A: The Rules of Procedure of the HSAC (En A: Five (5) Commissioners appointed by the
Banc. Resolution No. 8. Series of President shall comprise the
2021). Commission.

The Executive Commissioner shall be chosen by

the President from among
the five (5) Commissioners.
 FAQs
8: What will happen to cases pending before the HLURB arbiters and the
HLURB Board of Commissioners?
Answer:

A: Cases pending before the HLURB Regional Field Offices (RFO) and the HLURB Board of
Commissioners (BOC) will be re-numbered.

Cases pending before the HLURB FO shall be resolved by the original Arbiter, except in cases where the
Regional Adjudication Branch (RAB) no longer has jurisdiction over the location of the project. The
case shall then be transmitted to the appropriate Regional Adjudication Branch and re-raffled. Cases
pending before the HLURB BOC shall be re-raffled to a Division of HSAC.
 FAQs
9: Will decisions of the HSAC still be appealable to 10: What are the rights/recourse of the buyer
the Office of the President (OP), Malacañang? against the project owner and/or developer in the
following cases?

Answer: (a) A buyer bought a unit from the project

developer or owner. However, the latter
No. All decisions of the Commission are now failed to develop the project according to the
directly appealable to the Court of Appeals. approved plans.

Answer:

Buyer may demand a refund of the total amount

he/she paid plus damages.
 FAQs
(b) If the project developer or owner failed to (c) A unit in a subdivision or condominium
develop the project within the time project was damaged due to a natural
permitted. calamity (e.g. flood, earthquake).

Answer: Answer:

A buyer may, after due notice to the The buyer has to establish in his claim that the
owner/developer, desist from further construction of his unit was not in accordance
payment due to the failure of the with the approved plans and specifications. If
developer/owner to develop the project established, the buyer has the right to obtain a
according to the approved plans and within refund of his payments plus legal interest
the time allowed. In such case, installment and damages.
payments made earlier by the buyer shall not
be forfeited in favor of the project
owner/developer.
 FAQs
11: Where will a buyer file his/her verified complaint?

Answer:

All Complaints or actions shall be filed in the HSAC Regional Adjudication Branch (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. (Rule 2
Section 7. Rules of Procedure of the Human Settlements Adjudication Commission).
 HSAC
NEW RULES OF
PROCEDURES
 GENERAL FLOW OF THE ADJUDICATION PROCESS
BEFORE THE HSAC

Filing of Verified Mandatory

Summons Filing of Answer
Complaint Conference

Appeal to the Decision of the

Filing of Position Adjudicator’s
Commission Commission
Papers Decision
en banc en banc

Appeal to a Division of Commission Division’s Motion for

the Commission Decision Reconsideration

Usual Process Resolution of the

Appeal to the Court of
Special Cases Commission
Appeals
en banc
COMMENCEMENT Motu proprio dismiss for lack Appeal to the Commission
of jurisdiction, fails to state a Division/en banc w/in 15 cal. days
cause of action, etc. from receipt of Decision

Filing of a Verified Issuance of Summons Filing of Verified Answer

Raffle of Cases to
Complaint and (within 10 (within a non-extendable 20 A
Adjudicators
payment of required calendar days from calendar day period from
(at least once a week)
fees before the RAB receipt of case docket) receipt of Summons)

Motu proprio or upon motion

declare respondent in default and Motion to Lift Order of Default
order Complainant to file Position with Answer (within 5
Paper within 10 calendar days calendar days from receipt of
from receipt of Order Order of Default)
Appeal to the
Commission
Division/en banc Adjudicator’s Decision
(w/in 15 w/in 90 cal. days or Filing of Position Paper Resolve the Motion
calendar days from as provided under special by the Complainant (within 15 calendar days from B
receipt of Rules from date case is receipt)
Decision ) submitted for resolution
 Conduct of Mandatory
Issue Notice of Conduct of
Conference (within a 30
Mandatory Conference (within 5
A calendar day period from initial
calendar calendar days from receipt
conference, extension not to
of Answer)
exceed 30 cal. days

yes

No
B Granted Settle Submission of Position Papers

No yes
Adjudicator’s Decision
Complainant’s Position Paper
(w/in 90 cal. days or as
submitted within 10 calendar Adjudicator’s Judgment Based provided under special Rules from
days from receipt of Order of on Compromise date case is submitted for
Default resolution

Adjudicator's Decision Appeal to the Commission

w/in 90 cal. days or as provided Division/en banc
under special Rules from date case (w/in 15 cal. days from receipt of
is submitted for resolution Decision )
 Filing of Appeal Motion for
Memorandum Filing of Counter-
Decision of the Division Reconsideration to
(to a Division/en banc) Memorandum
(w/in 120 calendar from Commission en banc
w/payment of Appeal Fee (w/in 10 cal. days from
date the case is submitted (w/in 15 calendar days
(and, if necessary, Bond) receipt of the Appeal
for resolution from receipt of Division’s
before the RAB Memorandum)
Decision
(w/in 15 cal. days from
receipt of Decision )

En banc Resolution (w/in 30

Elevation of Records w/ calendar days from date
Summary of Proceedings motion is submitted for
(within 5 cal. days from resolution
receipt of Appeal Memo)

Notice of Receipt of
Records issued by Office of Appeal to the Court of
the Exec. Clerk of the
Appeals under Rule 43
Commission (OECC) En banc Decision
(within 15 calendar
(as provided under special
Rules) days from receipt of
Raffle of Cases by the OECC Resolution/en banc
(Tuesdays) Decision
 Resolution of motion
Motion for dissolution Petitioner’s
w/in 5 calendar days
Commencement of of prelim. injunction comment w/in
after receipt of
Provisional Remedy w/in 10 calendar days 5 calendar days
comment or lapse of
(Injunction/TRO) from receipt of writ from receipt
period

Verified Petition GRANTED Appeal to the

Raffle of Case to
(payment of fees) w/ PI Adjudicator; w/in Commission en banc
Application for 5 calendar days Hearing w/in 15 calendar
DENIED days from receipt of
Issuance of Prelim. issue summons
Injunction /TRO with schedule of the writ
hearing for the
TRO application for
prelim. injunction
Raffle of Case; issue
Commission en banc shall resolve the
TRO ex parte for 72 Revoke or extend
Summary Hearing Petition for Review within 30 calendar
hours due to extreme TRO for a total of 20
w/in the 72-hour days from date it is submitted for
urgency, stands to cal. days, inclusive of
period resolution. The Order lifting/staying the
suffer grave injustice the 72hrs writ is immediately executory despite
and irreparable injury
appeal to the CA, unless enjoined by the
before matter can be
CA.
heard on notice
Commencement of
Special Remedy
(Contempt)
Appeal to the
Commission en banc; Judgment of
Summarily Suspension of Commission en banc;
Direct Contempt
adjudge guilty execution upon immediately executory
payment of bond and unappealable

Motu proprio issue

Show Cause Order
Indirect Contempt Resolution
or upon a Verified
Petition

Comment or Heard separately or

Answer consolidated with
principal action
 Commencement of Motu proprio dismiss for lack
Special Remedy of jurisdiction or insufficiency
(Inspection of Books) in form and in substance
Adjudicator’s
Decision
Raffle of Case and Verified Answer w/in Appeal to the
Verified Petition Issuance of (within 10 30 cal. days Commission Div.
and payment of fees Summons w/in 10 calendar days from from receipt w/in 15 cal. days
calendar days receipt of Summons) of last from receipt of
pleading or Decision)
period to file
GRANTED
Motu proprio or the same
Resolve the Motion
upon motion (within 15 Raise the denial as an
declare calendar days from error on Appeal
respondent in DENIED
receipt)
default
Appeal to the
Commission Division Motion to Lift Order
(w/in 15 Adjudicator’s of Default with
cal. days from Decision Answer (w/in 5 cal.
receipt of w/in 30 days from receipt of
Decision ) cal.endardays Order of Default)
Commencement of Special Motu proprio dismiss for lack
Remedies (Enforcement or of jurisdiction or insufficiency
Execution of DHSUD in form and in substance
Adjudicator’s
Conciliated Compromise
Agreement )
Decision
w/in Appeal to the
Raffle of Case and Verified Answer 30 calendar
Issuance of (within 10 Commission Div.
days from w/in 15 calendar
Summons w/in 10 calendar days from receipt of last
Verified Petition calendar days receipt of Summons) days from receipt of
pleading or Decision)
and payment of fees period to file
GRANTED the same
Motu proprio or
upon motion Resolve the Motion Raise the denial as an
declare (within 15 calendar error on Appeal
respondent in days from receipt) DENIED
default
Appeal to the
Commission Division Motion to Lift Order
(w/in 15 Adjudicator’s of Default with
calendar days from Decision Answer (w/in 5
receipt of w/in 30 calendar days from
Decision ) calendar days receipt of Order of
Default)
Commencement of
Election Contest Motu proprio dismiss for lack of
jurisdiction, unregistered, etc.
Adjudicator’s
Decision
Filing of a Verified w/in
Complaint and 30 calendar Appeal to the
Raffle of Case and Verified Answer
payment of required days from the Commission en banc
Issuance of (within 10
fees before the date case is w/in 15 calendar
Summons w/in 10 calendar days from
RAB, w/in 20 submitted for days from receipt of
calendar days receipt of Summons)
calendar days from resolution Decision)
receipt of the Clarificatory
Resolution of the GRANTED hearings
ELECOM or Election Motu proprio or
upon motion included.
or Proclamation Resolve the Motion Raise the denial as an
declare (within 15 calendar error on Appeal
respondent in days from receipt) DENIED
default
Appeal to the
Commission Division Motion to Lift Order
of Default with Commission en banc shall resolve the
(w/in 15 Adjudicator’s Appeal within 30 calendar days from date
calendar days from Decision Answer (w/in 5
calendar days from it is submitted for resolution. The Decision
receipt of w/in 30 is immediately executory despite appeal
Decision ) calendar days receipt of Order of
Default) to the CA, unless enjoined by the CA.
QUESTIONS
 HUMAN SETTLEMENTS ADJUDICATION COMMISSION
Regional Adjudication Branch X

CONTACT US hsac.gov.ph

5/F Limketkai Gateway

Tower 1, Limketkai Center,
Lapasan 9000
Cagayan De Oro City @hsacph

rab10@hsac.gov.ph +63 908 213 5924