“Department Circular No.

27

Subject:
PRESCRIBING RULES AND REGULATIONS GOVERNING THE PRELIMINARY INVESTIGATION OF CRIMINAL
CASES ARISING FROM VIOLATIONS OF PRESIDENTIAL DECREE NO. 957 AS AMENDED BY PRESIDENTIAL
DECREE NO. 1344

WHEREAS, there are prosecutors investigating criminal cases arising from violations of PD No. 957 as
amended by PD No. 1344 who dismiss such cases when there are pending civil actions before the
Housing and Land Use Regulatory Board (HLURB) by considering the latter as constitutive of prejudicial
question to the criminal cases.

WHEREAS, there are prosecutors who file criminal cases arising from PD 957 as amended by PD No.
1344 with the appropriate courts regardless of the pendency of related civil cases filed in the HLURB.

WHEREAS, it is necessary to have guidelines for all prosecutors investigating cases arising from PD 957 as
amended by PD 1344 to avoid confusion on the matter.

NOW, THEREFORE, pursuant to the provisions of exisitng laws, the following rules and regulations are
hereby adopted to govern the investigation of criminal cases arising from PD No. 957 as amended by PD
No. 1344.

Section 1 – Criminal complaints for violations of PD 957 as amended by PD 1344 may be filed directly
with the Office of the Provincial or City Prosecutor of the place where the subdivisions, condominiums,
housing projects or developments are located;

Section 2 – The HLURB, throug the Task Force Subdivision and Condominium, may refer to the
appropriate Office of Provincial or City Prosecutor, for preliminary investigation criminal cases arising
from violations of PD 957 and amended by PD 1344.

Section 3 – Whether the criminal cases are directly filed or through the HLURB Task Force, the
preliminary investigation shall be conducted in accordance with the Revised Rules of Criminal Procedure
and when warranted, the proper information shall be filed in court.

Section 4 – Any related civil action filed or pending in the HLURB shall not constitute as a prejudicial
question to the criminal case. The criminal action and the civil action shall proceed independently of
each other whether the civil action is filed ahead on previous to the criminal case.

Section 5 – The criminal action, when pursued, shall not include the civil action when the basis of which
is vested exclusively in the HLURB.

Section 6 – This Department Circular is effective immediately.

July 25, 2007.”

(SGD) RAUL M. GONZALES
Secretary