The Human Settlements Adjudication Commission (HSAC) is an important body created to

handle and resolve disputes and legal issues related to housing, land use, and urban
development in the Philippines. Let’s break down each word in detail:

Human Settlements
This term refers to communities or areas where people live. It can mean cities, towns, villages,
or even smaller settlements. It includes the houses, buildings, roads, utilities, and other
infrastructure that make up a place where people settle. The focus is not just on individual
homes but on the entire environment in which people live, including how land is used, how
neighborhoods are organized, and the services that are provided, like water, electricity, and
transport. Essentially, a human settlement is the whole area and system that allows people to
live comfortably and safely.

Adjudication
Adjudication is a legal process where a dispute or a conflict is officially resolved by a judge or a
designated body. In this case, the HSAC acts as a judge or decision-maker for issues related to
housing and land disputes. Adjudication involves:

Listening to both sides of the dispute.

Evaluating the evidence (the facts and laws that apply to the case).
Making a decision on who is right, and what actions need to be taken to solve the problem (like
paying fines, fixing something, or following regulations).
It’s like a court process, but specialized for housing and land issues.

Commission
A commission is a group of people or an organization set up by a government to perform a
specific task or make decisions in a particular area. A commission usually has legal authority to:

Make rules or decisions in its area of responsibility.

Enforce laws.
Resolve disputes.
In the context of the Human Settlements Adjudication Commission, this commission is
responsible for handling cases related to housing, real estate, and land use. The commissioners
(the people who make up the commission) are experts in housing and urban development, and
their job is to ensure that disputes are resolved according to the law.

Putting it All Together:

The Human Settlements Adjudication Commission (HSAC) is a special government group that
deals with disputes or problems related to housing, land, and urban communities. Their role is to
listen to complaints, review the facts, and make fair decisions based on laws that govern
housing and real estate. This helps ensure that housing developments, land use, and urban
areas are managed properly and fairly, so people can live in safe, well-organized communities.
CHAPTER IV

HUMAN SETTLEMENTS ADJUDICATION COMMISSION

Section 12. Reconstitution of the HLURB as the Human Settlements Adjudication Commission
(HSAC). - The HLURB is hereby reconstituted and shall henceforth be known as the Human
Settlements Adjudication Commission, hereinafter referred to as the "Commission".

The adjudicatory function of the HLURB is hereby transferred to the Commission and shall be
attached to the Department for policy, planning and program coordination only.

Section 13. Composition, Staffing Pattern and Compensation. -

(a) The Commission shall be composed of the following:

(1) Commission en banc – Five (5) Commissioners appointed by the President shall comprise
the Commission.

The Executive Commissioner, chosen by the President from among the five (5) Commissioners,
shall be responsible for the administration and operations of the Commission, including the
supervision of personnel, and shall be assisted by the Executive Clerk of the Commission.

(2) Regional Adjudication Branch – There shall be as many Regional Adjudication Branches as
there are Regional Offices of the Department. The President shall appoint as many Regional
Adjudicators as may be necessary upon the recommendation of the Secretary.

(b) Subject to the approval of the DBM, the Commission shall determine its organizational
structure and create new divisions or units as it may deem necessary, and shall appoint officers
and employees of the Commission in accordance with the civil service laws, rules and
regulations. The remuneration structure of the positions in the staffing pattern shall, strictly
conform to Republic Act No. 6758 or the Salary Standardization Law, as amended.

Section 14. Qualifications and Terms of Office. - The qualifications and terms of office are as
follows:

(a) Commissioner – Each Commissioner must be a natural born citizen of the Philippines, of
good moral character and has been engaged in the practice of law and a member of the
Philippine Bar of good standing for a period of at least ten (10) years prior to the appointment:
Provided, That all nominees shall have experience in urban development planning, sustainable
development, climate change adaptation, disaster risk reduction and/or real estate
development.

Each Commissioner shall hold office for six (6) years. In case of death, permanent disability,
removal from office, resignation and incapacity to discharge the duties of office, the person
appointed as Commissioner shall only serve the unexpired term: Provided, That the term of
office of the incumbent Commissioners shall be respected.

(b) Regional Adjudicator – Each Regional Adjudicator must be a citizen of the Philippines, of
good pioral character, has been in the practice of law and member of the Philippine Bar of good
standing for at least seven (7) years, with at least three (3) years’ experience in realty and/or
land use and development cases, prior to the appointment: Provided, That the existing HLURB
Arbiters are deemed qualified.

Each Regional Adjudicator shall hold office on good behavior until otherwise incapacitated or
has reached the retirement age in accordance with law, rules and regulations promulgated by
duly constituted authorities, whichever comes earlier.

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 16. Jurisdiction of Regional Adjudicators. - The Regional Adjudicators shall exercise
original and exclusive jurisdiction to hear and decide cases involving the following:

(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 committed with
bad faith and disregard of the buyers’ rights;

(2) Claims for refund, and other claims filed by 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 or 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 HOA, including the eviction of informal settlers
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 as abandoned, as defined under Section 3 of this Act
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 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; and

(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.

(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.

Section 17. Powers and Authorities of the Commission. - The Commission shall have the power
and authority:

(a) To promulgate rules and regulations governing the hearing and disposition of cases before it
and its Adjudicators, as well as those necessary to carry out its functions;

(b) To administer oaths, summon the parties to a controversy, issue subpoenas requiring the
attendance and testimony of witnesses or the production of such books, papers, contracts,
records, statements of accounts, agreements, and others as may be material to a just
determination of the case;

(c) To hold any person in contempt directly or indirectly and impose appropriate penalties
therefore in accordance with law.

Any person committing any act of misbehavior in the presence of or so near any member of the
Commission or any Adjudicator as to obstruct or interrupt the proceedings before the same,
including disrespect toward said officials, offensive acts toward others, or refusal to be sworn, or
to answer as a witness or to subscribe an affidavit or deposition when lawfully required to do so,
may be summarily adjudged guilty of direct contempt by said officials and shall be punished by a
fine not exceeding Five thousand pesos (₱5,000.00) or imprisonment not exceeding five (5)
days, or both if it be committed against the Commission or any member thereof; and, if the
offense is committed against an Adjudicator, it shall be punishable by a fine not exceeding One
thousand pesos (₱1,000.00) or imprisonment not exceeding one (1) day, or both.

The person adjudged in direct contempt by the Adjudicator may appeal to the Commission 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 should the appeal be decided against him/her. Judgment of the Commission
on direct contempt is immediately executory and unappealable. Indirect contempt shall be dealt
with by the Commission or Adjudicator in the manner prescribed under Rule 71 of the Revised
Rules of Court (ROC).

(d) To enjoin or restrain, after due notice and hearing, any actual or threatened commission of
any or all prohibited or unlawful acts or to require the performance of a particular act in any
dispute within its jurisdiction which, if not restrained or performed forthwith, may cause grave or
irreparable damage to any party or render ineffectual any decision in favor of such party. In no
case shall a temporary or permanent injunction be issued except after a finding of fact by the
Commission, to the effect that:

(1) Prohibited or unlawful acts have been threatened and will be committed and will be
continued unless restrained, but 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;

(2) Substantial and irreparable injury to complainant’s property will follow;

(3) As to each item of relief to be granted, greater injury will be inflicted upon complainant by the
denial of relief than will be inflicted upon defendants by the granting of relief;

(4) Complainant has no adequate remedy at law; and

(5) Public officers charged with the duty to protect complainant’s property are unable or unwilling
to furnish adequate protection.1avvphi1

(e) To exercise such other powers as are implied, necessary, or incidental to carry out the
express powers granted to the Commission.

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 19. Execution of Decisions, Orders or Awards. - The Commission or any Regional
Adjudicator may, motu proprio or on motion of any interested party and under such rules as may
be duly promulgated, issue a writ of execution on an order, award or judgment within five (5)
years from the date it becomes final and executory, and by independent action for the
enforcement of the order, award or decision filed with the Regional Adjudication Branch which
issued the order, award or decision.

The Commission shall appoint a Sheriff or such number of Sheriffs, in accordance with the
provisions of the civil service laws, rules and regulatipns, who shall be responsible for the
service and execution of all writs, summonses, and orders and other processes of the
Commission.

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

Section 20. Criminal Prosecution. - The criminal prosecution for violation of housing laws and
regulations shall be instituted before criminal courts having appropriate jurisdiction.