
DOJ backs amendment of rules in HLURB appeals
MANILA, Philippines – The Department of Justice (DOJ) has supported a proposed bill in the House of Representatives amending the rules on appeal in cases decided by the Housing and Land Use Regulatory Board (HLURB).
In a two-page legal opinion, the DOJ said it sees nothing unconstitutional or illegal in House Bill 2951, which would make all decisions and resolutions of HLURB directly appealable to the Court of Appeals (CA).
“It is definitely within the power of the legislature to make laws, alter or repeal the same,” read the decision issued on Dec. 15, 2015 and signed by Undersecretary Zabedin Azis.
The DOJ, however, suggested to the House committee on housing and urban development to extend the prescribed period for filing of appeal with the CA from 10 days to 15 days, as suggested by lawyer Ma. Luisa Pangan of the HLURB appeals review group during a congressional hearing last November.
HB 2951, which was filed by Camarines Sur 4th district Rep. Felix William Fuentebella, aims “to remove another administrative layer in which the litigants may explore all sorts of dilatory tactics that will hinder the speedy disposition of cases.”
The bill seeks to amend existing laws, which provide for appeal of HLURB decisions before the Office of President, where appeals have languished for years.
HLURB is a national government agency tasked as the planning, regulatory and quasi-judicial body for land use development and real estate and housing regulation.
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