What the HSAC is
The Human Settlements Adjudication Commission (HSAC) is the quasi-judicial body that decides disputes between property buyers, homeowners and developers. It was created under R.A. No. 11201 (2019) and took over the adjudication functions of the former HLURB.
For most buyers, it is the right forum when a developer fails to deliver a unit, refuses a refund, or cancels a contract to sell without following the Maceda Law. Cases are heard by a Regional Arbiter, with an appeal to the Commission and then to the Court of Appeals.
Since 15 July 2025, cases are governed by the 2025 Revised Rules of Procedure (HSAC En Banc Resolution No. 78, s. 2025), which replaced the 2021 Rules.
What cases the HSAC hears
HSAC covers disputes involving subdivisions, condominiums, memorial parks and similar real estate projects, plus homeowners association cases. Typical complaints we file include:
- Refund claims under the Maceda Law (R.A. 6552) or P.D. 957, including cash surrender value after cancellation
- Specific performance: delivery or turnover of the unit or lot, release of the title, completion of promised amenities and facilities
- Unsound real estate business practices, such as selling without a license to sell or changing approved plans
- Invalid cancellation of a contract to sell, whatever its title, and claims for damages
- Homeowners association disputes: elections, dues, and the rights of members
It also hears disputes under Section 18 of R.A. 7279 and appeals from local and regional planning and zoning bodies.
Not HSAC: a private lot sold by an individual who is not a developer, outside a subdivision or condominium project, is usually a regular court case. Criminal complaints (such as estafa) go to the prosecutor. If in doubt, have the documents reviewed first, since filing in the wrong forum wastes months.
How a case moves
Every case goes through mediation before the Arbiter decides.
- File the complaint at the Regional Adjudication Branch. Verified, with your evidence attached.
- Respondent answers within 15 days of receiving summons.
- Mandatory conference of up to 60 days, including up to 30 days of mediation. If the parties settle, the Arbiter approves the compromise and the case ends here.
- Position papers, filed within 15 days after the conference if there is no settlement.
- The Arbiter decides within 90 days from submission of the case.
- Appeal to the Commission within 15 days of receipt of the decision.
- The Commission decides, with a target of 120 days.
- Court of Appeals, by petition for review.
Most cases that settle do so at the mandatory conference. If not, the Arbiter decides on the papers and evidence, usually without a full trial. All periods are in calendar days under the 2025 Rules.
What to prepare and where to file
Where: the HSAC Regional Adjudication Branch (RAB) for the region where the project is located. If both parties are in the same region, the complainant may file there instead, unless the contract fixed an exclusive venue in writing. Homeowners association cases go to the RAB where the association is registered with DHSUD.
The complaint should be verified (signed under oath) and carry a certification against forum shopping. It states the parties, the facts in order, and the specific relief asked for, such as a refund amount, delivery of title, or damages.
Attach your evidence:
- The contract to sell (or reservation agreement and any other version of the contract)
- Official receipts, statement of account, and proof of every payment
- Notices and letters from the developer, especially any cancellation notice
- Your demand letter and proof of receipt
- Photos, advertisements or brochures showing what was promised
- Your computation of the refund or amount claimed
Fees: docket and filing fees depend on the relief and amount claimed. Check the current HSAC schedule of fees when filing.
No motion to dismiss. The Rules prohibit it, along with a bill of particulars, a petition for relief, a motion to reduce the appeal bond, and a rejoinder. Defenses go into the answer.
Appeals and enforcing the decision
- Appeal to the Commission: within 15 calendar days from receipt of the Regional Arbiter’s decision. The Commission aims to decide within 120 calendar days. A motion for reconsideration of the Commission’s ruling must be filed within 15 days.
- Court of Appeals: Commission decisions go directly to the CA by petition for review. They are no longer appealable to the Office of the President.
- Execution under the 2025 Rules: unless the Court of Appeals issues a stay order, HSAC decisions become final and executory 15 calendar days after the parties receive them. The winning party does not have to wait for the CA to rule.
- Collecting the award: a motion for execution is resolved within 15 calendar days, and the sheriff starts enforcing the writ within 5 working days. Execution by motion is available for 5 years; after that, by independent action within 10 years.
- Protecting buyers: the 2025 Rules allow preliminary attachment of the property in the transaction when the developer fails to deliver it, so the asset is not sold out from under the buyer while the case is pending.
How we can help
ZZ Law Office and Associates represents buyers, unit owners and homeowners before the HSAC, from the demand letter through mediation, position papers, appeal and execution. We also handle group complaints by several unit owners against one developer. Contact us for a review of your documents and the right forum for your claim.
Note: Procedural periods and fees may change. Always check the current HSAC Rules and issuances.
Sources
- HSAC Frequently Asked Questions
- PIA: HSAC issues 2025 Revised Rules of Procedure, effective 15 July 2025
- LexNotesPH: 2025 HSAC Revised Rules, quick reference
Frequently asked questions
What cases can I file with the HSAC?
Disputes involving subdivisions, condominiums, memorial parks and similar projects: refunds under the Maceda Law or P.D. 957, delivery of the unit or title, unsound real estate business practices, invalid cancellation of a contract to sell, and homeowners association disputes.
Where do I file an HSAC complaint?
At the HSAC Regional Adjudication Branch for the region where the project is located. If both parties are in the same region, you may file there, unless the contract fixed an exclusive venue in writing.
Can the developer file a motion to dismiss?
No. The HSAC Rules prohibit a motion to dismiss. Defenses must be raised in the answer.
Where do I appeal an HSAC decision?
A Regional Arbiter's decision is appealed to the Commission within 15 calendar days. The Commission's decision goes to the Court of Appeals by petition for review, no longer to the Office of the President.
Do I need to wait for the Court of Appeals before collecting?
Under the 2025 Rules, unless the Court of Appeals issues a stay order, HSAC decisions become final and executory 15 calendar days after receipt, so execution may proceed.