G.R. No. 157095. January 15, 2010.

MA. LUISA G. DAZON, petitioner, vs. KENNETH Y. YAP and PEOPLE OF THE

PHILIPPINES, respondents.

JURISPRUDENCE:

Remedial Law; Jurisdictions; Jurisdiction is conferred by law and determined by the material
averments in the compliant as well as the character of the relief sought.—Jurisdiction is conferred by law
and determined by the material averments in the complaint as well as the character of the relief sought.
The scope and limitation of the jurisdiction of the HLURB are well-defined. Its precusor, the National
Housing Authority (NHA), was vested under PD 957 with exclusive jurisdiction to regulate the real
estate trade and business, specifically the registration of subdivision or condominium projects and dealers,
brokers and salesmen of subdivision lots or condominium units, issuance and suspension of license to
sell; and revocation of registration certificate and license to sell. Its jurisdiction was later expanded under
PD 1344 (1973) to include adjudication of certain cases.

Same; Same; It is a settled rule of statutory construction that the express mention of one thing in the
law means the exclusion of others not expressly mentioned.—It is a settled rule of statutory construction
that the express mention of one thing in the law means the exclusion of others not expressly mentioned.
This rule is expressed in the familiar maxim expressio unius est exclusio alteruis. Where a statute, by its
terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to
others. The rule proceeds from the premise that the legislature would not have made specified
enumerations in a statute had the intention been, not to restrict its meaning and to confine its terms to
statute had the intention been not to restrict its meaning and to confine its terms to those expressly
mentioned. Noticeably, cases that are criminal in nature are not mentioned in the enumeration quoted
above.

Same; Same; Housing and Land Use Regulatory Board (HLURB) has no jurisdiction over criminal
actions arising from violations of PD 957.—Not having been specifically conferred with power to hear
and decide cases which are criminal in nature, as well as to impose penalties therefor, we find that the
HLURB has no jurisdiction over criminal actions arising from violations of PD 957.

CASE BRIEF:

The primordial function of the Housing and Land Use Regulatory Board (HLURB) is
the regulation of the real estate trade and business. Though the agency’s jurisdiction has been
expanded by law, it has not grown to the extent of encompassing the conviction and punishment
of criminals.

The present Petition for Review on Certiorari assails the Orders of the Regional Trial Court
(RTC) of Lapu-Lapu City, Branch 54 dated October 2, 2002 and January 13, 2003, which
granted the Motion to Withdraw Information filed by the public prosecutor and denied the
motion for reconsideration filed by petitioner, respectively.

Department Order 27 dated July 25, 2007 of the Department of Justice

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 existing 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, through 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