Republic of the Philippir

v
Offrce of therkesident
Housirrg and Urban Devclopurcnt Coordinating Council
HOUSING AND LAND USE REGULATORY BOARD

BOARD OF COMMISSIONERS

937
RESOLUTION NO.
Series of zo16

AIVIENDING SECf,IONS 78 ANID 79 OF THP-1oII-RE\TISED

I'AT\TD
RUT,ES OF PROCEDURE OF THE HOUSINGANTD
USE REGUI,ATORY BOARD AND APPENDING
SECTION 6S-A TO SECTION 6S THEREOF

BE IT RESOLVED, as it is hereby RESOLVED that the and following

Land
the Housing
amendments to the;;i-R&ted Rules of Piocedure of
Use Regulatory Board be APPROVED:

sections 78 and 79 of the Rules are hereby amended as

follows:
1.

"section 7a. Effectiuity of Cease and Desist Order'- An

orJ"t to cease and desi"st from performing any act 4gtlU"
immediately executory, without prejudice to THE FILING
OF A PETTi'ION FORREVIEW OF THE ISSUANCE OR
A
DENIAL THEREOF. [an appeal that may be filed] in
accordance with the succeeding section'

Section 79. Lsupersedeas Bond Requirement

onAppeals
f"ril ngVlnw OF C"ot" and Desist Orders; Effect - A
PAKiY AGGRIEVED BY THE ARBITER,S GRANT OR
DENIAL OF THE APPLICATION/MOTION TOR
ISSUANCEoFACEASEANDDESISTORDERMAYFILE
A PETITION FOR REVIEW THEREOF ON ANY LEGAL
GROUND BEFORE THE BOARD OF COMMISSIONERS
WITHIN FIFTEEN (TS) DAYS FROM THE RECEIPT OF
THE ORDER. WITHIN FIVE (S) DAYS FROM THE
RECEIPT OF THE PETITION FOR REVIEW, THE
ARBITER SHALL ELEVATE THE SAME TOGETHER
WITH A DUPLICATE COPY OF THE CASE RECORDS TO
THE BOARD OF COMMISSIONERS' The filing of [an
appealfromthemaincase]THEPETITIONshallnot
automatically stay such cease and desist order [, unless
oia"..a by the Bohrd of Commissioners and a supersedeas
bond is plsted with the HLURB in favor of the enjoining
party, in an amount twice that of the bond required in the

N.B. Text to be deleted in [brackets]; new text in ALL CAPS'

HLURB Bldg., Kalayaan Avenue corner Mayaman Street, Dilirnan, Quezon City
rvrvrv. hlurb.gov.ph
 oe7
Resolution No. " ' , Series of zot6
AMENDING SECTIONS 78 AND 79 OF mE 2011 REWSED
RUIE1 OF PROCEDURE OF THE HOUSING AND LAND
USE KEGTJLATORY BOARD AND APPENDINC
SECTION 65-A TO SECTION 65 TIIEREOF
Poge 2

cease and desist order.l AND SHALL NOT SUSPEND

THEPROCEEDINGS ONTHE MAIN CASE. AN ORDER
ISSUED BY THE BOARD OF COMMISSIONERS
STAYING OR LIFTING THE CEASE AND DESIST ORDER
SHALL BE IMMEDIATELY EXECUTORY I]NLESS
ENJOINED BY THE OFFICE OF THE PRESIDENT OR
COURT OFAPPEALS, AS THE CASE MAYBE."

A new section, Section 65-A, is hereby appended to the Rules, following

Section 65, Ere cution Pinding Appeal, the same to read as follows:

.SECTION 65-A. MOTION FOR EXECT]TION PENDING

APPEAL TOTHE OFFICE OF THB PRESIDENT, WHERE
FILED.. A MOTION FOR EXECUTION DURING THE
PENDENCY OF AN APPEAL TO THE OFFICE OF THE
PRESIDENT PURSUANT TO ADMINISTRATTVE ORDER
NO. zz, DATED OCTOBER rr, zo tt, P&ESCRIBING \ULES
AND REGI]IArIONS GOYERNING APPEAIS TO THE
OFFICE OF THE PRESIDENT OF THE PHILIPPINES,
SHALL BE FILED WITH THE REGIONAL OFFICE
WHERE THE CASE ORIGINATED, WMH PROOF OF
SERVICE TO THE OTHER PARTIES, THE BOARD OF
COMMISSIONERS AND THE OFFICE OF THE
PRESIDENT, AND SHALL BE ACCOMPANIED BY THE
FOLLOWING:

(a) THE ORIGINAL COPY ORCERTIFIEDTRUE COPY

OF THE JUDGMENT SOUGHTTO BE EXECUTED;

o) A CERTIFICATION FROM THE OFFICE OF THE

PRESIDENT ON THE DATE OF FILING OF THE
APPEAL THERETO AND THAT THE CASE IS STILL
PENDING RESOLI]TION.

I]PON RECEIPT BY THE BOARD OF COMMISSIONERS

OF A COPY OF THE MOTION FOR EXECI]TION
PENDING APPEAL, IT SHALL TRANSMIT A DI]PLICATE
COPY OF THE CASE RECORDS TO THE REGIONAL
OFFICE OF ORIGIN.
Resolution No.937 , sefies of 21116
AMENDING SECTIONS 78 AND 79 OF ME 2c11 REWSED
RULES OF PR(TEDT]RE OF THE HOUSING AND I,AND
I]SE REGULATORY BOARD AND APPENDING
SECTION 65-A'tO SECTION 6,THEREOF
Page 3

WHERE SUCH MOTION IS FILED WITH THE BOARD OF

COMMISSIONERS, SAME SHALL BE
THE
IMMEDIATELY FORWARDED TO THE REGIONAL
OFFICE \A[TH THE DUPLICATE COPY OF THE CASE
RECORDS WITH NOTICETO THE MOVANT."

APPROVED, 22 June 2016, in Qu ty

CHITOM.CRUZ
HUDCC Chairman

IER] ERO
01h|^r,-
ANTONIO M. BERNARDO
Undersecretary, DILG Chief Executive Officer and
Commissioner

CATALINAE.
Undersecretary, DPWH
CABRAL RJA II
ssloner
I,EZ.CABRERA

ROI,ANDO G. TUNGPAI-AN PAREDES

Deputy Director-General, NEDA ,r* r

CARS. ONTANO LINDA L. MALENAB-HORNILI,A

ndersecretary, DOJ Commissioner

LANSANG
Secretary