I have handled multiple cases before the Human Settlements Adjudication Commission (HSAC) for condominium unit owners, subdivision lot buyers and homeowners. I have seen strong claims win, and I have seen strong claims dismissed. The difference is rarely the merits. It is usually preparation.
These are the questions clients ask me most, in the order they will matter to you. For the full procedure from filing to the Court of Appeals, see our companion guide, How to File a Case Before the HSAC.
1. Do I need a lawyer to file an HSAC complaint?
Legally, no. Neither the law nor the HSAC Rules require a buyer to be represented by counsel. What you need is a complaint that clearly states what happened and which law or contractual obligation the developer violated.
Practically, I strongly advise consulting a lawyer before you file. Most dismissals I have seen were avoidable: the wrong forum, a cause of action that does not belong in HSAC, or a weak position paper. The position paper matters most, because in most HSAC cases it is where the case is actually won or lost (see Tip 8).
2. Send a written demand letter first
Before filing anything, send the developer a formal demand letter. It should:
- State the facts and the developer’s violation, for example failure to deliver the unit or release the title
- State your decision: to rescind the contract and demand a refund, to demand specific performance, and/or to claim damages
- Give a clear deadline to comply
The demand letter proves the developer was given a chance to comply. It often triggers a settlement offer, and if it is ignored, it becomes one of the first annexes of your complaint.
3. Consider settlement and mediation before full litigation
Not every dispute has to become a long case. Many developers settle once they receive a well-drafted demand or a filed complaint. HSAC proceedings themselves include mandatory mediation, so filing does not close the door on a negotiated outcome. If you are having difficulty engaging a lawyer, a carefully prepared complaint that moves into mediation can still produce a good result.
Note: the HLURB no longer decides these disputes. Its adjudication functions were transferred to the HSAC under R.A. No. 11201.
4. Check jurisdiction before anything else
This is the most common reason I see HSAC complaints dismissed, in whole or in part. The HSAC hears disputes involving subdivision, condominium and similar real estate projects, such as:
- Refunds under the Maceda Law (R.A. 6552) or P.D. 957
- Delivery of the unit or lot, release of the title, and completion of promised amenities
- Unsound real estate business practices
- Invalid cancellation of a contract to sell
- Homeowners association disputes
It generally does not hear the sale of a private lot by an individual who is not a developer, criminal complaints such as estafa (those go to the prosecutor), or claims that are really ordinary civil cases. If even one of your causes of action falls outside HSAC jurisdiction, that part can be dismissed while the rest proceeds. Plead only what belongs there.
5. Build the complaint on facts, law and affidavits
A strong HSAC complaint has three parts:
- The facts, in chronological order: the reservation, the contract to sell, the payments, what the developer promised, and what it failed to do.
- The law violated: the specific provisions of P.D. 957, the Maceda Law, the contract, or other applicable rules.
- The evidence: the contract, official receipts, statements of account, correspondence, photos, and your demand letter.
Most importantly, attach the sworn affidavits of the complainant and every witness. In HSAC, affidavits generally take the place of direct testimony, so whatever is not in an affidavit may never reach the Arbiter.
6. Ask for provisional remedies in the title and the prayer
If you need urgent protection, such as stopping the developer from cancelling your contract, reselling your unit or forfeiting your payments, ask for a temporary restraining order, a writ of preliminary injunction, or another provisional remedy. Put it both in the title of the complaint and in the body and prayer.
A remedy buried in the body is easy to overlook and causes delay. When it appears in the title, it is flagged from day one. Under the 2025 HSAC Rules, buyers may also seek preliminary attachment of the property involved when the developer fails to deliver it.
7. Filing and paying the docket fees
File with the HSAC Regional Adjudication Branch covering the project’s location. In my experience, filing fees can now be paid online, which saves a trip, but always check the current HSAC schedule of fees and payment channels before filing.
8. Mediation, then the position paper
After the developer answers, the case goes to a mandatory conference and mediation. If no settlement is reached, both sides must submit position papers.
Treat the position paper as your closing argument and your evidence package combined. It should restate the facts, argue each cause of action against the law, answer the developer’s defenses point by point, and attach or reference all your affidavits and documents. A weak position paper can lose a strong case.
9. Will I have to testify in person?
This is one of the most common questions I get. In my experience, usually not. HSAC cases are generally decided on the complaint, the affidavits and the position papers, without a full trial or live presentation of witnesses. The Arbiter may still call a clarificatory hearing in certain cases, at the Arbiter’s discretion.
That is why Tip 5 matters: your affidavits are your testimony.
10. Expect online hearings
Conferences and hearings are often held by videoconference, such as Zoom or another platform the HSAC authorizes, although in-person hearings still happen. Prepare for an online hearing as seriously as for one in person: a stable connection, your documents at hand, and a quiet room.
After the decision
A Regional Arbiter’s decision may be appealed to the Commission within 15 calendar days from receipt. Commission decisions go to the Court of Appeals by petition for review. Execution and appeal rules are explained in How to File a Case Before the HSAC.
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, including group complaints by several unit owners against one developer. Contact us to have your documents reviewed.
Note: Procedural periods, fees and payment channels 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
Frequently asked questions
Can I file an HSAC case without a lawyer?
Yes. The law and the HSAC Rules do not require a lawyer. A consultation is still advisable to avoid dismissal, especially on jurisdiction and in preparing the position paper.
Do I need to send a demand letter before filing with HSAC?
It is strongly advisable. A demand letter proves the developer was given a chance to comply, often leads to a settlement, and supports your claim for rescission, refund or damages.
Why do HSAC complaints get dismissed?
In our experience, most often for lack of jurisdiction over one or more causes of action, or because the affidavits and position paper did not prove the claim.
Will I have to testify in person at the HSAC?
Usually not. HSAC cases are generally decided on the complaint, affidavits and position papers, without a full trial. The Arbiter may call a clarificatory hearing in certain cases.
Are HSAC hearings done online?
Often, yes. Conferences and hearings are frequently held by videoconference on a platform the HSAC authorizes, although in-person hearings still take place.