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(NAR) VOL. 5 NO. 3/JULY - SEPTEMBER 1994
[ HLRB RESOLUTION R-537 , s. 1994, February 16, 1994 ]
ADOPTING THE 1994 RULES OF PROCEDURE OF THE HOUSING AND LAND USE REGULATORY BOARD
BE IT RESOLVED, as it is hereby resolved, that pursuant to Section 5, (c) and (j) of Executive Order No. 648, Series of 1981, as amended by Executive Order No. 90, Series of 1986, the following Rules of Procedure of the Housing and Land Use Regulatory Board be adopted, as the same are hereby adopted:
SECTION 1. Title - These rules shall be known as the 1994 Rules of Procedure of the Housing and Land Use Regulatory Board.
SECTION 2. Construction - These Rules shall be liberally contrued in order to promote public interest and to assist the parties in obtaining just, speedy and inexpensive determination of every action, application or other proceedings.
SECTION 3. Nature of the Proceedings - Proceedings before the Board shall be summary in nature without regard to legal technicalities obtaining in the courts of law. The Rules of Court shall not apply in said proceedings except in suppletory character and whenever practicable. Appearance by counsel is optional.
SECTION 4. Applicant and Oppositor - Any person, natural or juridical, applying with the Board for issuance of any license, permit, development and/or locational clearance or authority to exercise any right or privilege under any law administered or enforced by the Board shall be called applicant.
In case where the conjugal property is the subject matter of the complaint the same may be brought by the husband or wife or both.
Any person claiming interest in any application filed with the Board, or in the subject matter thereon, which is adverse to the applicant, shall be called the oppositor.
SECTION 5. Complainant and Respondent - In the complaints filed with the Board, any person filing the same shall be called the complainant, while the person against whom a complaint is made shall be called the respondent.
SECTION 6. When Action Deemed Commenced - An action is deemed commenced upon the filing of a verified complaint/affidavit or opposition, in three copies together with all the supporting documents, and upon payment of the filing fees.
SECTION 7. Dismissal of the Complaint or Opposition - The Regional Officer may, prior to the raffle of the complaint or opposition to the Arbiter, dismiss the same for lack of jurisdiction or cause of action.
SECTION 8. Summons and Notice of Hearing - If the complaint or opposition is not dismissed on any of the grounds stated above, summons shall be issued requiring the respondent to file his answer/counter-affidavit, copy furnished the complainant/oppositor, and to appear for hearing on the date specified therein.
SECTION 9. Answer - The respondent shall file his answer, together with all documents to the complaint, within ten (10) days from receipt of the summons, furnishing complainant a copy thereof. No motion to dismiss shall be filed nor entertained. All grounds for a motion to dismiss, counterclaim, crossclaim or a third-party complaint, shall be pleaded or incorporated in the answer, otherwise these shall be barred.
On meritorious grounds, only one (1) motion for extension to file answer of not exceeding ten (10) days is allowed.
SECTION 10. Preliminary Conference - Upon receipt of the summons and notices, the parties shall personally appear before the HLA to explore the possibility of an amicable settlement, amendment of their respective pleadings, admissions, or stipulations of facts, or for simplification of the issues.
All preliminary proceedings shall be terminated within sixty (60) days from the date set for the initial conference.
SECTION 11. Default - Should the respondent fail to answer the complaint within the ten-day period provided for in the summons, an order of default shall be issued and the arbiter, with the concurrence of the Regional Officer, shall decide the case on the basis of the complaint and the evidence presented.
SECTION 12. Non-Suit - The arbiter, with the concurrence of the Regional Officer, shall dismiss the complaint or opposition for lack of interest to prosecute upon the failure of complainant/oppositor to appear for preliminary conference without justifiable cause.
SECTION 13. Amicable Settlement - If amicable settlement is arrived at, the arbiter with the concurrence of the Regional Officer, shall issue the appropriate judgment upon compromise or order of dismissal.
SECTION 14. Summary Resolution - Should amicable settlement fail, the arbiter with the concurrence of the Regional Officer, shall summarily resolve the case on the basis of the complaint and the answer, together with all relevant documentary evidence as well as pertinent records of the Board, position papers and draft decision to be submitted. If, however, the said concurrence is not obtained, the case shall be decided by the Regional Officer.
SECTION 15. Hearing, when Ordered - Where the Arbiter deems it necessary to clarify specific factual matters or to require the presentation of additional evidence, he shall set the case for hearing, specifying the witnesses and documents to be presented and examined.
SECTION 16. Motions - All motions shall be made in writing, except motions for continuance made in the presence of the adverse party or those made in the course of the hearing, and shall state the order sought to be obtained and the grounds therefor.
SECTION 17. Notice and Service of Motions - Notice of motion shall be served by the movant upon all other parties concerned five days (5) before, and the other party shall have five (5) days to comment. Thereafter, the same is submitted for resolution.
SECTION 18. Motion for Postponement - A party in a case may be allowed only one (1) postponement for a period not exceeding fifteen (15) days.
SECTION 19. Powers of the Housing and Land Use Arbiter - The Housing and Land Use Arbiter shall have the following powers:
a. To hear and decide upon concurrence of the Regional Officer cases cognizable by the Board, consistent with these rules;
b. To issue subpoena and subpoena duces tecum;
c. To cite and/or declare any person in direct contempt in accordance with Article IV, Section 5, q), 1) and 2) of Executive Order No. 648, dated 07 February 1981, as amended by Executive Order No. 90 dated 17 December 1986;
d. To recommend to the Regional Officer the citation of indirect contempt in accordance with the aforesaid article;
e. To hear and resolve motions;
f. To submit recommended resolution/decision to the Regional Officer for his concurrence within twenty (20) days from the date the case is submitted for decision;
g. To issue, with the concurrence of the Regional Officer, cease and desist order, and such other similar ancilliary writs and orders; and
h. To perform such other functions and powers as may be assigned by the Board. (20a)
SECTION 20. Recommendation/Decision - Within twenty (20) days from the date the case is submitted for resolution, the case in accordance with Executive Order No. 26 and these rules, the Housing and Land Use Arbiter shall submit his written recommended decision/resolution to Regional Officer for the latter's concurrence. The Regional Officer shall have ten (10) days from receipt of the recommended decision to concur therewith.
If however concurrence is not obtained, the case shall be decided by the Regional Officer within twenty (20) days.
All pending motions including those filed after the submission of the case for resolution shall be resolved in said decision.
SECTION 21. Finality of Decision - The decision shall become final and executory after thirty (30) days from receipt of a copy thereof by the parties concerned. Thereafter, the same shall be entered in a book of judgment which shall be maintained by the Board.
SECTION 22. Petition for Review - No motion for reconsideration of or mere Notice of Petition from the decision shall be entertained. Within thirty (30) days from receipt of the decision, any aggrieved party may, on any legal ground and upon payment of the review fee, file with the Regional Office or directly with the Board of Commissioners a petition for review. Copy of such petition shall be furnished the other party and the Regional Office in case the petition is directly filed with the Board of Commissioners.
Within ten (10) days from receipt of a petition or an order of elevation from the Board, the Regional Officer shall cause the elevation of the records to the Board of Commissioners through the Appeals Review Group.
SECTION 23. Contents of a Petition for Review - The petition for review shall contain the petitioner's assignment of errors on the decision sought to be reviewed, the issues to be resolved, the law on which it is based and the arguments in support thereof.
SECTION 24. Parties' Memorandum for Review - Upon receipt of the records, the Appeals Review Group shall order the petitioner to file with the Board five (5) copies of his opposition/comments within an inextendible period of thirty (30) days from receipt of the said order with proof of service of a copy thereof to the adverse party. The latter shall have fifteen (15) days within which to file five (5) copies of his rejoinder, copy furnished the oppositor. Thereafter, the parties shall submit a draft decision within ten (10) days from expiration to file rejoinder in accordance with Executive Order No. 26, after which the case shall be deemed submitted for decision.
SECTION 25. Dismissal of the Petition - The petition for review shall be dismissed on any of the following grounds:
1. Joint motion to dismiss the petition;
2. Withdrawal of the petition;
3. Failure to pay review fees;
4. Failure to comply with the orders of the Board. (25a)
SECTION 26. Ancillary Remedies - Pending resolution of the case sought to be reviewed by the Board of Commissioners, the special division may, motu-proprio or upon motion by either party, issue a cease and desist order or such other ancilliary writs.
SECTION 27. Appeal to the Office of the President - Any party may, upon notice to the Board and the other party, appeal the decision of the Board of Commissioners or its division to the Office of the President within thirty (30) days from receipt thereof pursuant to and in accordance with Administrative Order No. 18, of the Office of the President, dated February 12, 1987. Decisions of the President shall be final subject only to review by the Supreme Court on certiorari or on questions of law
SECTION 28. Execution Upon Final Decision - Execution shall issue only on motion of an interested party upon a final order or decision. However the Board may motu proprio issue writs of execution for the collection of fees and fines it may impose.
SECTION 29. Enforcement of Decision - All writes of execution shall be issued by the Regional Officer and directed to the provincial or city sheriff concerned.
SECTION 30. Periodic Report on Decisions - All decisions rendered on cases including those which have become final and executory, aside from being entered into a book of judgment, shall be reported by Regional Officer to the Board of Commissioners monthly by submitting a copy thereof as authenticated by the records officer.
SECTION 31. Supplementary or Amendatory Rules - The Board may issue from time to time supplementary rules to govern matters not covered by these rules or to amend provisions thereof.
SECTION 32. Effectivity - These rules shall take effect after fifteen (15) days from publication in the Official Gazette or in a newspaper of general circulation. Proceedings of cases then pending shall be governed by these rules, except when in the opinion of the Board their application would be impractical, or would work injustice, in which event the former rules of procedures shall apply.
Adopted: 16 Feb. 1994
Title and Construction
SECTION 1. Title - These rules shall be known as the 1994 Rules of Procedure of the Housing and Land Use Regulatory Board.
SECTION 2. Construction - These Rules shall be liberally contrued in order to promote public interest and to assist the parties in obtaining just, speedy and inexpensive determination of every action, application or other proceedings.
SECTION 3. Nature of the Proceedings - Proceedings before the Board shall be summary in nature without regard to legal technicalities obtaining in the courts of law. The Rules of Court shall not apply in said proceedings except in suppletory character and whenever practicable. Appearance by counsel is optional.
Parties
SECTION 4. Applicant and Oppositor - Any person, natural or juridical, applying with the Board for issuance of any license, permit, development and/or locational clearance or authority to exercise any right or privilege under any law administered or enforced by the Board shall be called applicant.
In case where the conjugal property is the subject matter of the complaint the same may be brought by the husband or wife or both.
Any person claiming interest in any application filed with the Board, or in the subject matter thereon, which is adverse to the applicant, shall be called the oppositor.
SECTION 5. Complainant and Respondent - In the complaints filed with the Board, any person filing the same shall be called the complainant, while the person against whom a complaint is made shall be called the respondent.
Commencement of Action, Summons and Answer
SECTION 6. When Action Deemed Commenced - An action is deemed commenced upon the filing of a verified complaint/affidavit or opposition, in three copies together with all the supporting documents, and upon payment of the filing fees.
SECTION 7. Dismissal of the Complaint or Opposition - The Regional Officer may, prior to the raffle of the complaint or opposition to the Arbiter, dismiss the same for lack of jurisdiction or cause of action.
SECTION 8. Summons and Notice of Hearing - If the complaint or opposition is not dismissed on any of the grounds stated above, summons shall be issued requiring the respondent to file his answer/counter-affidavit, copy furnished the complainant/oppositor, and to appear for hearing on the date specified therein.
SECTION 9. Answer - The respondent shall file his answer, together with all documents to the complaint, within ten (10) days from receipt of the summons, furnishing complainant a copy thereof. No motion to dismiss shall be filed nor entertained. All grounds for a motion to dismiss, counterclaim, crossclaim or a third-party complaint, shall be pleaded or incorporated in the answer, otherwise these shall be barred.
On meritorious grounds, only one (1) motion for extension to file answer of not exceeding ten (10) days is allowed.
Hearing
SECTION 10. Preliminary Conference - Upon receipt of the summons and notices, the parties shall personally appear before the HLA to explore the possibility of an amicable settlement, amendment of their respective pleadings, admissions, or stipulations of facts, or for simplification of the issues.
All preliminary proceedings shall be terminated within sixty (60) days from the date set for the initial conference.
SECTION 11. Default - Should the respondent fail to answer the complaint within the ten-day period provided for in the summons, an order of default shall be issued and the arbiter, with the concurrence of the Regional Officer, shall decide the case on the basis of the complaint and the evidence presented.
SECTION 12. Non-Suit - The arbiter, with the concurrence of the Regional Officer, shall dismiss the complaint or opposition for lack of interest to prosecute upon the failure of complainant/oppositor to appear for preliminary conference without justifiable cause.
SECTION 13. Amicable Settlement - If amicable settlement is arrived at, the arbiter with the concurrence of the Regional Officer, shall issue the appropriate judgment upon compromise or order of dismissal.
SECTION 14. Summary Resolution - Should amicable settlement fail, the arbiter with the concurrence of the Regional Officer, shall summarily resolve the case on the basis of the complaint and the answer, together with all relevant documentary evidence as well as pertinent records of the Board, position papers and draft decision to be submitted. If, however, the said concurrence is not obtained, the case shall be decided by the Regional Officer.
SECTION 15. Hearing, when Ordered - Where the Arbiter deems it necessary to clarify specific factual matters or to require the presentation of additional evidence, he shall set the case for hearing, specifying the witnesses and documents to be presented and examined.
Motions
SECTION 16. Motions - All motions shall be made in writing, except motions for continuance made in the presence of the adverse party or those made in the course of the hearing, and shall state the order sought to be obtained and the grounds therefor.
SECTION 17. Notice and Service of Motions - Notice of motion shall be served by the movant upon all other parties concerned five days (5) before, and the other party shall have five (5) days to comment. Thereafter, the same is submitted for resolution.
SECTION 18. Motion for Postponement - A party in a case may be allowed only one (1) postponement for a period not exceeding fifteen (15) days.
Powers of the Arbiter
SECTION 19. Powers of the Housing and Land Use Arbiter - The Housing and Land Use Arbiter shall have the following powers:
a. To hear and decide upon concurrence of the Regional Officer cases cognizable by the Board, consistent with these rules;
b. To issue subpoena and subpoena duces tecum;
c. To cite and/or declare any person in direct contempt in accordance with Article IV, Section 5, q), 1) and 2) of Executive Order No. 648, dated 07 February 1981, as amended by Executive Order No. 90 dated 17 December 1986;
d. To recommend to the Regional Officer the citation of indirect contempt in accordance with the aforesaid article;
e. To hear and resolve motions;
f. To submit recommended resolution/decision to the Regional Officer for his concurrence within twenty (20) days from the date the case is submitted for decision;
g. To issue, with the concurrence of the Regional Officer, cease and desist order, and such other similar ancilliary writs and orders; and
h. To perform such other functions and powers as may be assigned by the Board. (20a)
Decision
SECTION 20. Recommendation/Decision - Within twenty (20) days from the date the case is submitted for resolution, the case in accordance with Executive Order No. 26 and these rules, the Housing and Land Use Arbiter shall submit his written recommended decision/resolution to Regional Officer for the latter's concurrence. The Regional Officer shall have ten (10) days from receipt of the recommended decision to concur therewith.
If however concurrence is not obtained, the case shall be decided by the Regional Officer within twenty (20) days.
All pending motions including those filed after the submission of the case for resolution shall be resolved in said decision.
SECTION 21. Finality of Decision - The decision shall become final and executory after thirty (30) days from receipt of a copy thereof by the parties concerned. Thereafter, the same shall be entered in a book of judgment which shall be maintained by the Board.
Petition for Review
SECTION 22. Petition for Review - No motion for reconsideration of or mere Notice of Petition from the decision shall be entertained. Within thirty (30) days from receipt of the decision, any aggrieved party may, on any legal ground and upon payment of the review fee, file with the Regional Office or directly with the Board of Commissioners a petition for review. Copy of such petition shall be furnished the other party and the Regional Office in case the petition is directly filed with the Board of Commissioners.
Within ten (10) days from receipt of a petition or an order of elevation from the Board, the Regional Officer shall cause the elevation of the records to the Board of Commissioners through the Appeals Review Group.
SECTION 23. Contents of a Petition for Review - The petition for review shall contain the petitioner's assignment of errors on the decision sought to be reviewed, the issues to be resolved, the law on which it is based and the arguments in support thereof.
SECTION 24. Parties' Memorandum for Review - Upon receipt of the records, the Appeals Review Group shall order the petitioner to file with the Board five (5) copies of his opposition/comments within an inextendible period of thirty (30) days from receipt of the said order with proof of service of a copy thereof to the adverse party. The latter shall have fifteen (15) days within which to file five (5) copies of his rejoinder, copy furnished the oppositor. Thereafter, the parties shall submit a draft decision within ten (10) days from expiration to file rejoinder in accordance with Executive Order No. 26, after which the case shall be deemed submitted for decision.
SECTION 25. Dismissal of the Petition - The petition for review shall be dismissed on any of the following grounds:
1. Joint motion to dismiss the petition;
2. Withdrawal of the petition;
3. Failure to pay review fees;
4. Failure to comply with the orders of the Board. (25a)
SECTION 26. Ancillary Remedies - Pending resolution of the case sought to be reviewed by the Board of Commissioners, the special division may, motu-proprio or upon motion by either party, issue a cease and desist order or such other ancilliary writs.
SECTION 27. Appeal to the Office of the President - Any party may, upon notice to the Board and the other party, appeal the decision of the Board of Commissioners or its division to the Office of the President within thirty (30) days from receipt thereof pursuant to and in accordance with Administrative Order No. 18, of the Office of the President, dated February 12, 1987. Decisions of the President shall be final subject only to review by the Supreme Court on certiorari or on questions of law
Execution
SECTION 28. Execution Upon Final Decision - Execution shall issue only on motion of an interested party upon a final order or decision. However the Board may motu proprio issue writs of execution for the collection of fees and fines it may impose.
SECTION 29. Enforcement of Decision - All writes of execution shall be issued by the Regional Officer and directed to the provincial or city sheriff concerned.
Miscellaneous Provisions
SECTION 30. Periodic Report on Decisions - All decisions rendered on cases including those which have become final and executory, aside from being entered into a book of judgment, shall be reported by Regional Officer to the Board of Commissioners monthly by submitting a copy thereof as authenticated by the records officer.
SECTION 31. Supplementary or Amendatory Rules - The Board may issue from time to time supplementary rules to govern matters not covered by these rules or to amend provisions thereof.
SECTION 32. Effectivity - These rules shall take effect after fifteen (15) days from publication in the Official Gazette or in a newspaper of general circulation. Proceedings of cases then pending shall be governed by these rules, except when in the opinion of the Board their application would be impractical, or would work injustice, in which event the former rules of procedures shall apply.
Adopted: 16 Feb. 1994
(SGD.) DIONISIO C. DELA SERNA Chairman, HUDCC Ex-Officio Chairman | (SGD.) ANICETO M. SOBREPEÑA Deputy Dir. Gen., NEDA Ex-Officio Commissioner |
(SGD.) ERNESTO C. MENDIOLA Commissioner Chief Executive Office | (SGD.) ROMULO Q. FABUL Commissioner |
(SGD.) VICTOR R. SUMULONG Undersecretary, DILG Ex-Officio Commissioner | (SGD.) LUIS T. TUNGPALAN Commissioner |
(SGD.) RAMON S. ESGUERRA Undersecretary, DOJ Ex-Officio Commissioner | (SGD.) ANTONIO E. B. NACHURA Commissioner |