You have submitted an FOI request
Date: June 3, 2023, 9:19 a.m.
Your request is already in review
Your request was denied
Date: 2023-12-12 11:14:28.000000
How was your request?
Published by Human Settlements Adjudication Commission(HSAC) on June 3, 2023.
Requested from HSAC by S. Rabara at 09:19 AM on
June 3, 2023.
Purpose: Clarification
Date of Coverage: 05/31/2023 - 06/03/2023
Tracking no: #HSAC-416434975932
I would like to ask if the HSAC has jurisdiction in settling disputes and concerns of the Condominium Association such as the ethical conduct of officers and/or board of trustees. Our Condominium is registered under SEC SEC Number: 2021100029096-02. Company Name: MIDORI AT ZURI CONDOMINIUM ASSOCIATION INC. Do our association needs to be registered under HSAC first? Does our corporation have any chance to be under HSAC jurisdiction? The reason I am asking is that we have tried reaching out to SEC but we find the process expensive. Our board of trustees is not cooperative and unresponsive.
December 12, 2023 Dear Stephanie Rabara, Greetings! Thank you for your request dated Jun 03, 2023 09:19:19 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your request You asked for HSAC jurisdiction to condomunium. Response to your request Unfortunately, we were able to determine that your request is a frontline service transaction and not a valid Freedom of Information (FOI) Request. Thus, we are constrained to deny your request. However, please be advised that HSAC does not have jurisdiction over intra-corporate controversies involving condominium corporations. Pursuant to Section 5.2 of Republic Act No. 8799, otherwise known as the Securities Regulation Code, the jurisdiction of the SEC over all cases enumerated under Section 5 of Presidential Decree No. 902-A has been transferred to Regional Trial Court’s designated by the Supreme Court as Special Commercial Courts. While Republic Act No. 11201 covers real estate development undertaken by real estate developers, which includes condominium projects, DHSUD/HSAC’s authority over condominium corporations, by its board of trustees/director and their administrators/managers, is not included. HSAC’s mandate is limited to HOAs of subdivision projects and government housing projects. Controversies arising out of intra-corporate or associations relations between and among stockholders is not covered by HSAC’s jurisdiction. For further information, you may contact HSAC PUBLIC AFFAIRS DIVISION at the following communication channels: Email Address: [email protected] Telephone No.: (02) 8727-4722 Mobile Phone Nos.: 0917-837 5380; 0947-8826297 Office Address: DHSUD/HSAC Bldg., Kalayaan Ave. cor. Mayaman St., Diliman, Quezon City We would love to hear your thoughts or feedback on how we can improve your experience! Please fill-out our feedback form at this link https://hsac.gov.ph/feedbackform/ Your right to request a review If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to HSAC Executive Commissioner Melzar P. Galicia at [email protected]. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011). Thank you. Respectfully, FOI Receiving Officer