Stronger Rules, Stronger Rights: A Look at HSAC’s 2025 Updates
- Dargon Law
- Sep 29, 2025
- 5 min read
Atty. Margareth Grace V. Buensalido and Rick Therese Angela T. Daza | September 30, 2025
The Human Settlements Adjudication Commission (HSAC) plays a crucial role in holding property developers accountable for their commitments particularly in delivering quality homes, residential units, and related infrastructure. Its function in safeguarding the interests of homebuyers is indispensable and vital in the real estate market.
As the adjudicatory arm of the Department of Human Settlements and Urban Development (DHSUD), the HSAC provides a dedicated forum where both property owners, buyers and developers can file complaints and seek redress. It empowers buyers by offering an administrative venue where their rights can be asserted and clarified through adjudication.
At Dargon Law, we have actively represented clients before the HSAC, particularly in cases involving developers’ delays or failures in delivering property titles, executing Deeds of Absolute Sale, or completing the turnover of residential units. The HSAC has consistently served as an essential mechanism for accountability in these situations.
While the 2021 HSAC Rules of Procedure significantly improved the handling and resolution of cases, they were not without limitations. Recognizing the need for further clarity and efficiency, the HSAC issued En Banc Resolution No. 78, which took effect on June 30, 2025, and introduced a revised set of procedural rules. These rules replace and refine the 2021 HSAC Rules of Procedure, clearing up legal gray areas, adding new remedies, and making enforcement faster and more effective.[1]
Below are the notable changes in HSAC’s Rules of Procedure:
Finality and Execution Pending Appeal, a cornerstone change
The most significant shift is the adoption of a Rule on Execution Pending Appeal, directly reflecting DOJ Opinion No. 37 (2023). Under the 2025 Rules, HSAC decisions and resolutions are deemed final and executory after 15 calendar days from parties’ receipt thereof unless stayed by the Court of Appeals (CA) through a restraining order or injunction. Thus, filing a Rule 43 petition for review with the CA no longer suspends execution of a HSAC decision.
This means that when the HSAC rules in favor of a party, the party can immediately demand for the implementation of HSAC’s decision, even if the adverse party files an appeal with the CA. The execution of the HSAC’s decision can only be put on hold by an injunction issued by the CA.
This removes the uncertainty under the 2021 Rules, where execution was tied to the absence of a perfected appeal. For prevailing parties—often subdivision or condominium buyers—this ensures faster enforcement of rights.
Preliminary Attachment, a brand-new remedy
Rule 17 on Preliminary Attachment provides that parties may apply for attachment at the commencement of the action or at any time before entry of judgment. This remedy empowers HSAC to provisionally secure the subject unit, project, or other assets to guarantee satisfaction of a final judgment and protect buyers from dissipation of property or resources even before the HSAC could decide the case. This closes a gap in the 2021 Rules, which did not provide for such provisional remedies within HSAC’s own framework. Before 2025, litigants sometimes had to resort to Rule 57 of the Rules of Court before regular courts, creating jurisdictional and procedural complications.[2] With attachment now available directly at HSAC, buyers gain a stronger shield against errant developers who might dispose of assets while cases are pending.
Coverage, Jurisdiction, and Venue, Reaffirmed
The 2025 Rules clarifies that HSAC retains jurisdiction over disputes involving: a) Subdivision projects, b) Condominium developments, c) Memorial parks, d) Homeowners’ associations (HOAs), and e) Appeals from local and regional planning and zoning bodies.
Venue is still tied to the Regional Adjudication Branch (RAB) where the project is located, reinforcing HSAC’s accessibility and community-based adjudication system. These provisions were present in the 2021 Rules but are now reorganized for clarity.
Fees and Operations, Modernized
While the 2025 Rules themselves simply reference the current HSAC schedule of legal fees, implementation has been modernized. HSAC has launched a Fees Calculator to guide litigants and reduce filing errors, and the NCR Regional Branch has begun a digital filing system to streamline submissions. These operational upgrades, while not codal amendments, reflect the Commission’s broader commitment to accessibility and efficiency.
For the everyday Filipino, this means stronger protection for your investment—whether it’s your dream condominium, a subdivision lot, or membership in a homeowners’ association. For practitioners and stakeholders, it means understanding that the old ways of dragging cases through procedural loopholes are quickly disappearing. The bottom line: the HSAC is evolving into a more efficient and decisive adjudicatory body, and knowing these rules can make all the difference between protecting your rights and losing valuable time, money, or property.
Conclusion: Strategic Implications for Practitioners and Stakeholders
The promulgation of the 2025 HSAC Revised Rules of Procedure is a fundamental recalibration of the scales of justice in real estate disputes. The changes carry significant strategic implications for all parties involved, rewriting the playbook for how these cases are litigated and resolved.
For property buyers and homeowners, a favorable decision from the HSAC now translates into faster, more certain relief. The availability of preliminary attachment means your investment can be protected from the very start of a case. The message from the HSAC is clear: your rights are being fortified, and the mechanisms for their enforcement are being made more potent and immediate.
For developers and project owners: The era of leveraging procedural delays as a primary litigation strategy is over. The financial and operational risks associated with a complaint filed with the HSAC have increased substantially due to the twin threats of immediate execution and preliminary attachment. This new reality places a higher premium on regulatory compliance, quality delivery, and good-faith negotiation to resolve disputes before they escalate into costly and disruptive litigation.
For legal practitioners, the 2025 Rules require a more proactive approach in litigation. For legal counsels representing the winning party, filing a motion for a writ of execution on the 16th day after the opposing party's receipt of a favorable decision should become standard practice. In HSAC cases, it’s also worth considering for legal counsels to file a writ of preliminary attachment to secure their client’s claim. The new Rules also raise the stakes of legal counsels as it makes it all the more important to secure a favorable outcome at the HSAC adjudication stage, as an appeal to the Court of Appeals will no longer automatically stay the execution of an adverse decision.
Ultimately, the 2025 HSAC Rules signal the Commission's unwavering commitment to its mandate. By closing loopholes and sharpening its enforcement tools, the HSAC is evolving into a more decisive and effective adjudicatory body, ensuring that for the everyday Filipino, the promise of justice in human settlements disputes is not just a possibility, but a swift and enforceable reality.
Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views and opinions of the Firm or any of its partners. This article shall not be construed as official legal advice from the Firm.
Atty. Margareth Grace V. Buensalido is a lawyer who holds degrees in BS Applied Economics and BS Marketing Management from De La Salle University. She previously worked with a food-service corporate group until she entered the Ateneo Law School. She interned for an intellectual property law firm and several human rights organizations and worked as a paralegal for four years.
Rick Therese Angela T. Daza is a paralegal who earned her Bachelor of Arts in Political Science from Ateneo de Davao University. She is currently completing her Juris Doctor degree at San Beda University.
For further inquiries, please contact counsel@dargonlawfirm.com or call (02) 8426-1837.
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