Sunday, September 25, 2011

JURISDICTION OF HLURB

Section 5 of E.O. No. 648 or the law Reorganizing The Human Settlements Regulatory Commission (Predecessor of The HLRB), enacted on February 7, 1981, specifically mandates the HLURB Board of Commissioners to adopt rules of procedure for the conduct of its business and perform such functions necessary for the effective discharge thereof. Such grant of power necessary to carry out its functions has been held to be an adequate source of authority to delegate a particular function, unless, by express provision of the Act or by implication, it has been withheld.

For this reason, the jurisdiction of the HLURB to regulate the real estate business is broad enough to include jurisdiction over a complaint for annulment of foreclosure sale and mortgage and the grant of incidental reliefs such as a CDO.  Even Presidential Decree No. 957, "The Subdivision and Condominium Buyers Protective Decree," authorizes the HLURB as successor of the National Housing Authority to issue CDOs in relevant cases (GSIS vs Board of Commisioners, G.R. No. 180062, May 5, 2010, CARPIO MORALES, J.).

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