Article 165Labor and Agrarian Laws and Social Legislation, p. 165

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

(d) Hear and decide inter - association and/or inter -

association

controversies

and/or

conflicts,

without

prejudice to filing civil and criminal cases by the parties

concerned before the regular courts: Provided, That all

decisions of the HLURB are appealable directly to the

Court of Appeals;

(e) Formulate the rules or manner of verification and

validation of petitions for the removal of director(s) or

trustee(s) of the association or dissolution of the board

pursuant to Sections 13 and 14 of this Act;

(f)

Exercise

the

same

powers

over

federations,

confederations

or

umbrella

organizations

of

the

associations;

(g)

Formulate,

in

consultation

with

the

representatives

of

associations,

federations,

confederations

or

umbrella

organizations

of

the

associations, standard nomenclatures to be used for the

associations' books of accounts, and a standard articles of

incorporation and bylaws for homeowners' association for

reference purposes;

(h)

Formulate,

in

consultation

with

the

representatives

of

associations,

federations,

confederations

or

umbrella

organizations

of

the

associations, the guidelines in regulating the kinds of

contributions and fees that may be charged and/or

collected by associations; and

(i) Call upon the Philippine National Police, other law

enforcement agencies, and other instrumentalities of the

government, if necessary, for the enforcement of its

functions.

Section 21. Additional Positions and Personnel for the

HLURB. - For purposes of this Act, the HLURB shall, upon

its

discretion,

create

positions

and

enlist

additional

personnel to carry out its mandate.

CHAPTER V FINAL PROVISIONS

Section 22. Prohibited Acts. - It shall be prohibited for

any person:

(a) To compel a homeowner to join the association,

without

prejudice

to

the provisions of the deed of

restrictions, its extensions or renewals as approved by the

majority vote of the members or as annotated on the title

of the property; the contract for the purchase of a lot in

the subdivision project; or an award under a CMP project

or a similar tenurial arrangement;

(b) To deprive any homeowner of his/her right to avail

of or enjoy basic community services and facilities where

he/she has paid the dues, charges, and other fees for such

services;

(c) To prevent any homeowner who has paid the

required fees and charges from reasonably exercising

his/her right to inspect association books and records;

(d) To prevent any member in good standing from

participating

in

association

meetings,

elections

and

referenda;

(e)

To

deny

any

member

due

process

in

the

imposition of administrative sanctions;

(f) To exercise rights and powers as stated m Section

10 in violation of the required consultation and approval

of the required number of homeowners or members;

(g) To unreasonably fail to provide basic community

services and facilities and maintain, repair, replace, or

modify such facilities;

(h) To unreasonably fail to comply with Section 17 of

this Act; or

(i) To violate any other provision of this Act.

Section 23. Penalties and Sanctions. - Any person

who, intentionally or by gross negligence, violates any

provision of this Act, fails to perform his/her functions

under this Act and/or violates the rights of the members,

shall be punished with a fine of not less than Five

thousand pesos (Php5, 000.00) but not more than Fifty

thousand pesos

(Php50, 000.00) and permanent disqualification from

being elected or appointed as member of the board,

officer or employee of the association, without prejudice

to being charged before a regular court for violations of

the provisions of the Revised Penal Code, Civil Code and

other pertinent laws.

If the violation is committed by the association, the

members, officers, directors or trustees of the association

who have actually participated in, authorized, or ratified

the prohibited act shall be held liable.

If the violation is committed by the employees and

agents who acted in gross violation of the provisions of

this Act, the officers, directors or trustees, or incorporators

of the association shall be jointly and severally liable with

the offending employees, agents, and the association.

Section 24. Review of Association's Bylaws. - In order

to

comply

with

the

provisions

of

this

Act,

the

homeowners' association shall, within six (6) months from

the effectivity of this Act, conduct a review of its bylaws,

draft its own rules of procedure to be incorporated in the

bylaws and conduct a plebiscite for the approval of the

members of the association. A simple majority shall be

used to determine the approval of the bylaws.

Section 25. Appropriations. - The amounts necessary

for the implementation of this Act and for carrying out

the

additional

functions

and

responsibilities

of

the

HLURB

shall

be

included

in

the

annual

General

Appropriations Act.

Section 26. Separability Clause. - If any provision of

this

Act

is

declared

invalid

or

unconstitutional, the

remainder of the Act shall remain valid and subsisting.

Section 27. Repealing Clause. - All other issuances,

laws, decrees, orders, rules and regulations, or parts

thereof inconsistent with this Act are hereby repealed or

modified accordingly.

Section 28. Implementing Rules and Regulations. -

The

HLURB

shall

formulate

and

promulgate,

in

consultation

with

concerned

sectors,

rules

and

regulations necessary to implement the provisions of this

Act within SIX (6) months of its effectivity.

No rule or regulation shall be issued which tends to

undermine the organizational and territorial integrity of

any association.

Section 29. Effectivity. - This Act shall take effect

fifteen (15) days following Its publication in the Official

Gazette or in at least two (2) national newspapers of

general circulation.

RA No 10361 | Domestic Workers Act

Rules and Regulations Implementing the Domestic

Workers Act

January 18, 2013

AN ACT INSTITUTING POLICIES FOR THE PROTECTION

AND WELFARE OF DOMESTIC WORKERS

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled:

ARTICLE I GENERAL PROVISIONS

Section 1. Short Title. – This Act shall be known as the

"Domestic Workers Act" or "Batas Kasambahay".

Section 2. Declaration of Policies. – It is hereby

declared that:

(a) The State strongly affirms labor as a primary social

force and is committed to respect, promote, protect and

© Compiled By RGL

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