COMMISSION EN BANC RESOLUTION NO. 18 Series of 2021

PROMULGATING THE RULES ON ENTRY OF JUDGMENTS

PURSUANT to Section 17 (a) of Republic Act No. 11201, otherwise known as the "Department of Human Settlements and Urban Development Act," the Human Settlements Adjudication Commission hereby adopts and promulgates the following Rules on Entry of Judgments supplementing the HSAC Rules of Procedure:

RULE I. TITLE AND CONSTRUCTION

Section 1. Short Title. — These Rules shall be known and cited as the "Rules on Entry of Judgments."

Section 2. Construction. — These Rules shall be construed in a manner that shall attain a just, efficient, and expeditious recording of the final and executory judgments or orders of the Commission.

Section 3. Suppletory Application of the Rules of Court. — The pertinent provisions of the Rules of Court, whenever practicable and convenient, may be applied by analogy or in a suppletory manner.

Section 4. Definition of Terms. — As used in these Rules, the following terms shall mean or be understood as follows, unless the context otherwise indicates:

(a) Book of Entries of Judgment refers to the book in which the Chief Regional Adjudicator, the Division Clerk, or the Executive Clerk enters final and executory judgments or orders in chronological order;

(b) Commission refers to the Human Settlements Adjudication Commission (HSAC);

(c) Commission en banc refers to the Executive Commissioner and the four other Commissioners of the HSAC as a collegial body;

(d) Date of Entry refers to the date when the judgment or order becomes final and executory;

(e) Division refers to any of the three (3) Divisions of the Commission, comprised of three (3) Commissioners as a collegial body;

(f) Entry of Judgment refers to the recording of the final and executory judgment or order in the book of entries of judgments;

(g) Final Order refers to any order of the Commission or Regional Adjudicators that disposes of the action or proceeding; and

(h) Judgment refers to any decision, resolution, or award of the Commission or Regional Adjudicators.

RULE II. ENTRY OF JUDGMENT AND FINAL ORDER

Section 5. Entry of Judgment and Final Order. —

(a) If no appeal is filed with the Commission within fifteen (15) calendar days from the date of receipt by the parties of a copy of the judgment or final order of the Regional Adjudicator, the same shall become final and executory, and shall forthwith be entered by the Chief Regional Adjudicator, or his/her duly authorized representative, in the book of entries of judgments.

(b) If no motion for reconsideration to the Commission en banc under Section 123, Rule 27 of the HSAC Rules of Procedure is filed within fifteen (15) calendar days from the date of receipt by the parties of a copy of the judgment or final order of the Division, the same shall become final and executory, and shall forthwith be entered by the Division Clerk, or his/her duly authorized representative, in the book of entries of judgments.

(c) If no appeal to the Court of Appeals is filed within fifteen (15) calendar days from the date of receipt by the parties of a copy of the judgment or final order of the Commission en banc, the same shall become final and executory, and shall forthwith be entered by the Executive Clerk, or his/her duly authorized representative, in the book of entries of judgments.

Section 6. Date of Entry. — The date when the judgment or order becomes final and executory shall be deemed as the date of its entry. The record shall contain the dispositive part of the judgment or final order and shall be signed by the Chief Regional Adjudicator, the Division Clerk, or the Executive Clerk, or their respective duly authorized representative, as the case may be, with a certificate that such judgment or final order has become final and executory.

Section 7. Form. — Entry of judgment shall be made in the prescribed form, signed by the Chief Regional Adjudicator, the Division Clerk, or the Executive Clerk, or their respective duly authorized representative, as the case may be, who shall certify under the seal of the Commission the specific date the Regional Adjudicator, Division, or Commission en banc, as the case may be, rendered their judgment or final order, and the date the same became final and executory.

The entry shall embody the dispositive portion of the judgment or final order and shall indicate the date such entry of judgment is made, with a certification that such judgment or final order has become final and executory.

It shall be mandatory for each Regional Adjudication Branch (RAB) and the Office of the Executive Clerk of the Commission (OECC) to retain and store a readable digital copy of every' entry of judgment.

Section 8. Book of Entries of Judgments. — Each RAB and the OECC shall keep and maintain their respective Book of Entries of Judgments. The Chief Regional Adjudicator, the Division Clerk, or the Executive Clerk, or their respective duly authorized representative, as the case may be, shall cause the entries of judgment to be arranged chronologically and properly indexed. Further, in the case of the Commission, the entries of judgments shall be bound according to Division and en banc.

Section 9. Disposition of Copies. — The original copy of the entry of judgment shall forthwith be attached by the Chief Regional Adjudicator, the Division Clerk, or the Executive Clerk, or their respective duly authorized representative, as the case may be, to the records of the case, furnishing copies of the same to the parties, and in the case of the Division or Commission en banc, simultaneously with the remand of the records.

RULE III. DUTY OF THE REGIONAL ADJUDICATOR, CHIEF REGIONAL ADJUDICATOR, DIVISION CLERK, AND EXECUTIVE CLERK

Section 10. Duty of the Regional Adjudicator, Chief Regional Adjudicator, Division Clerk, and Executive Clerk. — After the promulgation of the judgment or final order, it shall be the duty and responsibility of the Regional Adjudicator concerned, or the Division Clerk with respect to appeals resolved by the Division, or the Executive Clerk with respect to appeals, or motions for reconsideration resolved by the Commission en banc, as the case may be, to see to it that a copy of the promulgated judgment or final order is attached to the records of the case. Further, it shall be the duty and responsibility of the Chief Regional Adjudicator, the Division Clerk, or the Executive Clerk, or their respective duly authorized representative, as the case may be, that the Entry of Judgment is made in due time without undue delay.

Section 11. Allowance for Delay of Mail in Making Entries of

Judgments. — In making entries of judgments, the Chief Regional Adjudicator, the Division Clerk, or the Executive Clerk, or their respective duly authorized representative, as the case may be, shall determine the finality of the judgment or final order by making allowance for delay of mail, computed from the last day of the period of appeal from the judgment or final order, as follows:

(a) Forty-five (45) calendar days, if the addressee is from Mindanao including Palawan;

(b) Thirty (30) calendar days, if the addressee is from the Visayas;

(c) Twenty (20) calendar days, if the addressee is from Luzon, except Metro Manila;

(d) Ten (10) calendar days, if the addressee is from Metro Manila.

Section 12. Appeal to the Commission or Court of Appeals. — No entry of judgment shall be made by the Chief Regional Adjudicator, or the Division Clerk, or their respective duly authorized representative, as the case may be, whenever a judgment or final order of the Regional Adjudicator is appealed to the Division, or a motion for reconsideration from the judgment or final order of the Division is filed with the Commission en banc. No entry of judgment shall likewise be made by the Executive Clerk, or his/her duly authorized representative, whenever a judgment or final order of the Commission en banc is appealed to the Court of Appeals.

(a) The Executive Clerk shall prepare a letter of transmittal to the RAB of origin remanding the original records together with a copy each of the judgment or final order of the Court of Appeals and of the Supreme Court, in proper cases, including their entry of judgment and letter of transmittal to the Commission. The original copies of the entries of judgment and letters of transmittal of the Court of Appeals and Supreme Court shall be attached to the records of the case.

(b) When two or more appeals in the same case are taken to the Court of Appeals, the Executive Clerk shall retain the records until all appeals are resolved by the Court of Appeals, unless the latter requests for the elevation of the records. After an appeal is resolved by the Court of Appeals, the Executive Clerk

shall transmit to the RAB of origin a copy of the judgment of the Court of Appeals with the latter's entry of judgment, and a statement to the effect that the records of the case are being retained in the OECC pending resolution of the other appeals.

Section 13. Remand of Records. — In the case of the Division or Commission en banc, after the entry of judgment, the Division Clerk or the Executive Clerk, as the case may be, shall remand the records of the case to the RAB of origin within three (3) working days.

RULE IV. MISCELLANEOUS PROVISIONS

Section 14. Amendments. — These Rules or any portion thereof may be amended or supplemented by the Commission en banc.

Section 15. Repealing Clause. — Upon the effectivity of these Rules, all resolutions, orders, memoranda, and circulars which are inconsistent herewith are hereby repealed or modified accordingly, including those issued by the former HLURB.

Section 16. Effectivity. — These Rules shall take effect fifteen (15) days after publication in a newspaper of general circulation.

APPROVED, 04 October 2021, Quezon City.