Skip to main content

Jurisdiction Over Complaints in Subdivision and Real Estate Disputes

The Housing and Land Use Regulatory Board (HLURB)—now part of the Human Settlements Adjudication Commission (HSAC)—has exclusive jurisdiction over disputes related to subdivision and condominium projects. It regulates contracts between subdivision developers and lot buyers and enforces developer compliance with contractual and statutory obligations.

HLURB Jurisdiction in Real Estate Disputes

📌 Scope of HLURB's JurisdictionClaims between subdivision developers and lot buyers. ✔ Cases involving compliance with development obligations. ✔ Disputes related to unsound real estate practices. ✔ Refund claims by subdivision lot or condo buyers. ✔ Actions for specific performance in contracts and statutory obligations.

📌 Relevant Case: Geronimo vs Calderon (G.R. No. 201781, 2014)

Jurisdictional Principles in HLURB Cases

📌 Jurisdiction Depends on Cause of Action ✔ HLURB jurisdiction is determined by the nature of the dispute, the property involved, and the parties. ✔ If a case involves a subdivision or condominium project, it falls under HLURB.

📌 Exclusive Authority of HLURBExecutive Order (EO) No. 648 transferred the regulatory and quasi-judicial functions to HLURB. ✔ EO No. 90 (1986) renamed HLURB and defined its adjudicatory authority.

📌 Relevant Cases:Perfecto Velasquez, Jr. vs. Lisondra Land Inc. (G.R. No. 231290, 2020)Park Developers Inc. vs. Elizabeth Daclan (G.R. No. 211301, 2019)

Cases That HLURB Does Not Cover

📌 Civil Law and Tort Cases ✔ Claims not arising directly from contracts fall under regular courts, not HLURB. ✔ Relevant Case: INDOPHIL TEXTILE MILLS, INC. v. ADVIENTO (2014)

📌 Land Disputes Not Involving Subdivision/Condominium Projects ✔ HLURB jurisdiction applies only to real estate developments, not stand-alone land disputes.

📌 Cases Requiring Civil Law ExpertiseComplex land ownership cases unrelated to developer compliance belong in civil courts.

New Jurisdiction Under HSAC (RA 11201)

📌 Regional Adjudicators Have Exclusive Jurisdiction Over:Disputes in subdivisions, condominiums, memorial parks, and real estate developments. ✔ Intra-homeowners association disputes. ✔ Easements within subdivision projects. ✔ Annulment of mortgages violating real estate laws.

📌 Commission Proper Has Exclusive Appellate Jurisdiction Over:Decisions of Regional Adjudicators. ✔ Appeals from planning and zoning bodies.

📌 Relevant Law: IRR of RA 11201

Legal Takeaways for Real Estate Litigation

HLURB handles subdivision and condominium complaints – Buyer disputes and developer compliance issues fall under HLURB jurisdiction.

Regular courts handle civil disputes and tort claims – If an issue is not related to developer obligations, it belongs in civil court.

Jurisdiction depends on the nature of the disputeReal estate development cases = HLURB; stand-alone land issues = regular courts.

HSAC now oversees real estate disputes – Regional Adjudicators have original jurisdiction, while the Commission handles appeals.

Conclusion

The Supreme Court rulings and RA 11201 clarify HLURB's exclusive jurisdiction over subdivision and condominium-related complaints. Proper forum selection ensures efficient resolution of real estate disputes.

📌 For full Supreme Court decisions, check: .

Popular posts from this blog

Mandamus and its Application in Judicial Proceedings

Mandamus is an extraordinary remedy compelling a tribunal, corporation, board, or person to perform a duty expressly required by law . It applies when: 1️⃣ An entity unlawfully neglects the performance of a legal duty arising from an office or trust. 2️⃣ An entity unlawfully excludes another from a right or office to which they are entitled. 3️⃣ There is no other adequate or speedy legal remedy available. 📌 Relevant Case: De Leon v. Duterte (G.R. No. 252118, 2020) Essential Elements of a Mandamus Petition 📌 To successfully invoke mandamus, the petitioner must prove: ✔ Legal Right – The petitioner must demonstrate a clear legal right to compel the action. ✔ Correlative Obligation – The respondent must have a duty to respect that right . ✔ Violation by the Respondent – There must be an act or omission violating the petitioner’s right . ✔ Refusal to Comply – A failure to perform the duty , whether explicit or implied, triggers a cause of action. 📌 Relevant Case: Phi...

People vs. Jugueta, 788 SCRA 331, G.R. No. 202124 April 5, 2016

G.R. No. 202124. April 5, 2016. PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. IRENEO JUGUETA, accused-appellant. PONENTE:  PERALTA, J.:  Synopsis: In Criminal Case No. 7702-G, Irenneo Jugueta was charged with Multiple Attempted Murder along with Gilbert Estores and Roger San Miguel. However, Roger San Miguel moved for reinvestigation of the case and was eventually dismissed, leaving Irenneo as the only defendant. The prosecution's witness, Norberto, testified that Irenneo and the two other men entered his family's nipa hut and fired shots, causing the death of one daughter and injury to another. Irenneo offered a defense of denial and alibi, but this was found to be weak by the trial court, which ruled that Irenneo conspired with the two other men to shoot the family of Norberto. The trial court's judgment was affirmed by the Court of Appeals. The main issue raised in the appeal was the inconsistencies in Norberto's testimony, but these were deemed to be trivial an...

Mendoza v. de Los Santos G.R. No. 176422 |March 20, 2013

Case Digest: Mendoza v. de Los Santos G.R. No. 176422 | March 20, 2013 Ponente: 📌 Topic: Applicability of Reserva Troncal – First cousins of the descendant/prepositus are fourth-degree relatives and cannot be considered reservees/reservatarios. Facts The disputed parcel of land was originally owned by Exequiel Mendoza, who inherited it from Placido and Dominga Mendoza through an oral partition. Upon Exequiel’s death, ownership was transferred to his spouse Leonor and their only daughter, Gregoria. After Leonor’s passing, Gregoria became the sole owner. Gregoria died intestate, and her aunt Victoria Pantaleon, Leonor’s sister, adjudicated the property to herself as the sole surviving heir. Petitioners (grandchildren of Placido and Dominga) argued that the property should have been reserved for them under Article 891 of the Civil Code on Reserva Troncal. They filed an action for Recovery of Possession, Cancellation of TCT, and Reconveyance, which the RTC granted. However, the Court of A...