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    83 views6 pages

    DHSUD Memorandum Circular No. 2023-007 Conciliation Guidelines

    Uploaded by

    Sheila

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    Department of Human Settlements and Urban Development menonanoum cincurarno, 2023-007 Series of 2023 (May), 3023) 10 + ALLCONCERNED FROM —-:_—_THESECRETARY SUBJECT: GUIDELINES IN THE CONDUCT OF CONCILIATION PROCEEDINGS WHEREAS, Republic Act Wo. 9285, othenvise known as the Alternative Dispute Resolution Act of 2004, dedared Wt the polcy of the State to actwely promote party ‘2utonomy in the resol of dlsputes and the freedom of the parties to make theit ‘own arrangements to amicaaly resolve ther disputes; WHEREAS, Republic No ‘Settlements and Urban Development act, provides ‘Section 5. Powers and Functions. - The Department shal exercise the following powers and functions: LIL, Housing and RealEstate Development Regulation (©) Implement 2 single regulatory system that shel! govern afl ‘activites relative tothe planning, production, marketing, and ‘management of hovsing and urban development projects; |v, HOMEOWNERS ASSOCIATION AND COMMUNITY DEVELOPMENT. (a). Regieter, regulate and supervise the homeowners associations (Hoas) in subdivision projects and government housing projects; ‘Section 25. Transfer of Functions and Assets. - 0 The following functions of the HLURB are hereby transferred as stipulated hereunder: (a) vox (b) The regulatory function, including the formulation, Dromulgation, and enforcement of rules, standards and guidelines over subdivisions, condominiums apd similar real estate ‘developments, arehereby transfered ta the Department; (©) The registration, regulation and supervision of HORS are hereby transferred to the Department; 12% 1201, otherwise known as the Department of Human WHEREAS, Section 24.4 of the Implementing Rules and Regulations of Republic Act No. 11201, otherwise known as the Department of Human Settlements and Urban Development act, provides: SECTION 24. Seneral Functions of the Regional Offices. ~ The Regional Offices shal perform the following funetions within their ‘eld service areas: 244 Conduct conciliation proceedings on issues and disputes relating to the Implementation of the Department's ‘mandates, Including the regulation’ of realestate development and HOAS; WHEREFORE, to formalize the operation of Section 24.4 of the Implementing Rules land Regulations of Republe Act No. 11201, the following Guidelines Is hereby promulgated. RULE ‘TITLE, COVERAGE, OBJECTIVES, ‘CONSTRUCTION AND DEFINITIONS Section 1. Title. This Memorandum Circular shall be known as the Guidelines in the Conduct of Concitation Froceedings. Section 2. Scope. This Guidelines shall apply to requests for assistance, lttor- complaints or grievances concerning issues Involving party oF parties whose ‘activities are under the reguation of the Department. Section 3. Objectives. The objectives of this Guldelines are: a, To promote the right of indviduals/parties to 2 speedy resolution of disputes; b. To streamline the processes/procedures to provide immediate and efficient response to grievances; and © To Initiate innovations or best practices Inthe manner of solving disputes. Section 4. Construction, This Guidelines shall be liberally construed to promote concllation as an inexpensive and expeditious alternative mode of dspute settlement Section 5. Definition of Terms. For purposes of this Guidelines, the following terms are defined a follows: Caucus refers to 9 meeting separately held by the Concitator with the complainant/s or with he respondents. b. Conciliation shall refer to a non-itigiqus and expeditious atternative mode of sting disputes whereby: the paride allow a neutral third party, or the Conciator, to assist thom in reachifg an amicable settlement of their issues, ‘and avert ful-blown centroverses. Conciliation Agreement refers tothe written statement of the settlement ofthe fispute, grievance and/or issues subject ofthe conciation reached and signed by the parties, which shal be binding on all partes upon due execution thereat. 4. Concitiator shall refer to the personnel designates by the Department of Human Settlements and Urban Development (DHSUD) Regional Director to conduct the conciliation, Parties shal refer to tre participants inthe conelation proceedings, specially: 81 Compleinant(s) refers to the requesting party, letter sender or the ‘Snatory ofthe Request for Assistance. 18.2 Respondent(s) refers to the individual, association or corporation whose fileged acts are the subject of the ‘request for assistance oF letter complaint. f. Request for Assistance refers to 2 written complaint or grievance raised before ‘te DHSUD Regional fice where the homeowners association or subdivision or condominium project + located, seeking assistance in resolving complains or Srievances faling witha the competence of OHSUD in the exeraie ef regulatory Functions. RULE CONCILIATION PROCEEDINGS. Section 6. Voluntary Nature. The option to undergo conciliation shall be voluntary upon the partes Section 7. Venue. The request for assistance oF letter-complaint shall be fled before the Regional Office which has jurisdiction over the area where the association operates, or where the subdivision or condominium projec Involved Is located. A Fequest for assistance filed in an Improper venue shall nt be dismissed ottright but ‘shall instead be referred tothe proper DHSUD Regional Ofic Immediately, Section 8. Request for Assistance. The request shall contain the names, addresses, ‘contact detas of the complainant(s) and the respondents), and antecedents of the complairé or grievance, For homeowners association grievances, the complainant(s) shall state that no Grievance Commitee was created by the association, and that no case was fed before the Human Settlements Aaudcation Commission (HSAC) and/or the regular ‘The request for assistance shal be assigned 2 reference number indicating the Unit concerned, Regional Office, date of fling, and number of the request fled before the Said Region (CON-HOACDD-NCR-damm/yr-0001) or (CON*HREDRO-NCR-da/mm/yi= ns}, Section 9. Conduct of Conciliation. The conduct of conciliation proceedings may be availed of by any person requesting for assistance prior to the fling of 2 verified Complaint or petison before the HSAC and/or the regular courts. In oe (dr to ae mace te Hamers Soe ae Sh a Sa ee bcc pale Sl mee oe ONS ena by / the case may be, shall deermine whether the subject matter of the request fell within the Jutlsdltion of the DHSUD, or whether or not the issues or matters raised may be subject of conciiation. CConctiation may also be conducted at the Instance of the DHSUD Regional Director, if he/she deems the same to be appropriate or necessary. Section 10, Commencement. Upon determination that the subject matter of the request for assistance Is wrhin the Jurisdiction of te DHSUD and may be subject of Corclation, the designated Conciiator shal notify the parties of the date, time, and ‘enue of the conciliation conference. Conciliation may. be conducted person, OF {trough remate communication. ‘The notice shall be sent to the parties at least teen (15) days before the date ofthe intial conference. Section 11. Conciliation Period and Extension. The conduct of conciliation sal! ‘not exceed thirty (30) days. Upon agreement of bath parties and were probability of Settlement is high, the proceedings may be extended for another Unrty (20) days. Section 12. Appearance of Parties. The complainant or the requesting party, and the individual, association er corporation against whom the request or complaint was fle, referred. to as the “respondent,” shall appear during the ‘conciiation Conferences. Associations ar corporations may eppoint representatives to act for and in their behalf at the conciation. The partes shell confer upon thal representatives the necessary authority ce special power of attomey to negotiate, enter into conciliation, and sign agreements. ‘The parties may appear with oF without logalcounsal, The absence or unavailability of {egal counsel shall not bar the conduct ofthe proceedings. Section 13. Appearance of Representative or Counsel. Counsels or attorneys In-fact appearing on behaf of any of the parties shell resent «Special Power of ‘Attorney, Secretary's Certifeate, of a Board Resolution authorizing him/her to appear, ‘egotlate, and enter into a conciliation agreement for thelr principal. Section 14, Non-appearance of Parties. When a party falls to appear personally fo through 2 representative during the sehedulea concation conference, the party resent may move either forthe termination of the proceedings of for the resating thereof. ‘The non-appearance of a purty oF his/her representative may be excused i with prior notice atleast three (3) days bofore the scheduleg conciliation conference, or for acts OF God, force majeure, declaration of community lockéown, or duly substantiated Physical inability. If both parties faliod to appear despite proper notice, the Concliator may motu Droprio terminate the procencinas fer lack of interest to Undergo conciliation, Section 15. Conciliation Agreement. In the event that 2 compromise is Feached, the sameshall be reduced in wring and signed by both parties, and by the Conclator as wityess. The agreement shall become binding on the parties on the sate itis signet ‘The Conctator shal lhkowise certify that the contents of the conciliation agreement were mutualy agreed upon by the parties and have been explained to al parties in 8 Fanguage known to them. Section 16. Failure to Reach a Settlement. Where the parties fail to reach @ common ground, or further efforts for concllaton are no longer feasible, the CConctiator shall declare the concation unsuccessful and terminate the proceeds ‘The Conatlator shall ise ¢ certieate to file action due to failure to concilate; ana may advise the ‘complainant to file case before the proper” HSAC-Regional [Aajuateation Branch (RAG), or the proper regular courts should the controversy turn fut tobe outside the jursdicion of HSAC or DHSUD. Section 17. Enforcement of the Conciliation Agreement. Where one of the Parties refuses to comply with the conciliation agreement or commita 2 breach thereof, 9 verified petition fr the enforcement of the agreement may be fled by the ‘aggrieved party withthe proper HSAC-RAB pursuant tothe HSAC Rules of Procedure. Section 18. Confidentiality. The conclation proceedings end all its incidents, including all evidence presented, except those appearing in the offal records ofthe Department, shall remain confidential in nature end shall rot be made availabe to any person ct_a ‘party to the case. Information obtained during the concilation Dreceedings shall be privileged and confidential except when confidentiality is waive, ‘Audio and video recording ofthe proceedings shall be prohibited unless both parties agree thereto ‘THe CONCILIATOR Section 19. Designation of the Contiliator. The DHSUD Regional Director shall {assign the request for assisance to the proper OWvision and designate a personnel to facilitate the conciliation, Section 20, Reassignment. In the event that one ofthe parties requests forthe Inhibition of the designated Concilator for whatever reason, the Regional Director shall designate another personnel to conduct the conciliation. Section 21. Role of the Concillator functions ‘The Concliator shall have the following Prior to the conduct of the conciliation conference, the Conciator shall expain the nature, objectives, and the manner by which the proceedings will be conduete¢, stressing the Benefits of an early settioment that wil serve thelr ‘mutual Interests Facilitate the dialogue and/or discussion between the parties to encourage settlement of the

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