Manila: The Department of Justice (DOJ) on Wednesday said the Human Settlements Adjudication Commission (HSAC) has no authority to deputize local government units (LGUs) as special sheriffs to conduct homeowners' association (HOA) elections.
According to Philippines News Agency, the DOJ issued the legal opinion on March 30 in response to a query on whether HSAC could designate LGUs to execute HOA elections via orders or writs. The DOJ clarified that consistent with the provisions of Republic Act 11201, a law that created the Department of Human Settlements and Urban Development (DHSUD) in 2019, and its Implementing Rules and Regulations (IRR), the DHSUD, through its Regional Offices, holds authority to call for, conduct, supervise, and observe special elections 'pursuant to its mandate to exercise regulatory jurisdiction over HOAs in subdivision projects and government housing projects.'
The DOJ further emphasized that deputizing LGUs would overstep HSAC's mandate, infringe on local autonomy, and misalign with administrative law, as LGUs are not national government instrumentalities absent explicit statutory authority. 'LGUs are political subdivisions created under the Constitution and the Local Government Code, endowed with local autonomy, and vested with powers that are territorial and political in character. It is outside the national government structure,' the DOJ said as quoted in a news release on Wednesday.
The ruling reinforces clear agency boundaries: HSAC handles adjudication and enforcement, while DHSUD oversees HOA elections, promoting lawful, coordinated processes for effective governance.
