Rights of Homeowners

1. Preventing homeowner to enter in our subdivision/village, for reason of NO Subd. STICKER even
though you’ve presented a proof of residency is ILLEGAL!

It is a violation of CIVIL CODE of the PHILIPPINES, RA 386 chapter 2 article 32 (6) which states:
Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats,
violates or in any manner IMPEDES or impairs any of the following rights and liberties of another person
shall be liable to the latter for damages:
(6) The right against deprivation of property without due process of law.
The right to Ingress and Egress to property. Which mean the right to enter or leave property involves
access to a public road.

And under our constitution WE had a right of free access to and from our residential abode. Second,
under the law, HOA have the obligation to respect this right.

2. Is it legal to surrender our driver’s license to security guards and be replaced with gate pass? It is
ILLEGAL !

Republic Act 4136 (Section 19) states that, no person shall operate a motor vehicle without procuring a
driver’s license. Likewise, all drivers MUST CARRY their license at ALL TIMES when operating a motor
vehicle.

Furthermore, in Section 56, driving without license is a CRIME. Moreover, the LTO can only confiscate
your license if you are in violation of a traffic rule (Section 29).

Lastly, under Section 62, NO CITY COUNCIL can enforce a resolution or ordinance that is in conflict with
the LTO law.”

Village associations perimeter walls do not grant them immunity from Republic Acts, or worse, force
YOU to break the law.

Private entities cannot choose what part of the law to enforce and not what to enforce.

No village association is given any police power or legislative power.

Also, village associations can only control their homeowners only through the power of a contract.

By asking for your license, and replacing it with a cheap laminated gate pass, it places you in clear
violation of this law, which any good lawyer could argue is GRAVE COERCION under the revised penal
code.

3. Increase in the amount of monthly dues from Php 50.00 – Php 150.00 ILLEGAL !

A. Monthly dues to be collected must undergone the proper legal process to become a valid and legal
action of the Board of Directors/Trustees of the HOA.
Absent of any Board Resolution duly signed and submitted to the HLURB, then we have the right to
refuse the arrears as computed by the HOA. One must request that the correct rate indicted in the HOA
By-Laws should be used in computing the arrears in the monthly dues.
B. Second, it must be emphasized that any increase in the monthly dues of the HOA must be presented
in the General Membership Meeting for its approval.
Absent of the approval of the majority of the HOA membership, any increase in the HOA monthly dues
assessed on its members is outright illegal and have no basis in law.
Armed with these 2 grounds, one must question the legality of the increase in the HOA monthly dues
before the current HOA Board.
C. In Section 5 (c) of HLURB Resolution No. R-771, Series of 2004 (Rules on the Registration and
Supervision of Homeowners Association) the powers and attribute of the HOA are those stated in its by-
laws which include the following:

“(c) To impose and collect reasonable fees on members and non-member residents who avail of or
benefit from the facilities and services of the association, to defray the necessary operational expenses,
subject to the limitations and conditions imposed under the law, regulations of the Board and the
association by-laws;”

4. Is the issuance of the 10 php gate entry fee ticket LEGAL or ILLEGAL?

It is ILLEGAL since it is not registered and NO ATP (authority to print) from BIR.
In view of the above there is a violation of
1. BIR Revenue Memorandum Circular 9-2013 dated January 29, 2013
For tax purposes, the association dues, membership fees and other assessments/charges collected by a
homeowners association constitute income payments or compensation for beneficial services it
provides to its members and tenants.
Therefore, like condominium operators, homeowner associations no longer enjoy tax exemptions on
their dues and membership fees.

Revenue Memorandum Circular (RMCs) are issuances that publish pertinent and applicable portions, as
well as amplifications, of laws, rules, regulations and precedents issued by the BIR and other
agencies/offices.
Reference: http://www.bir.gov.ph/…/r…/revenue-memorandum-circulars.html

2. REPUBLIC ACT NO. 8424, SECTION 3, THE NATIONAL INTERNAL REVENUE CODE OF 1997 section 264
(1) & (3)
a. Printing of receipts or sales or commercial invoices without authority from the Bureau of Internal
Revenue
b. Printing of unnumbered receipts or sales or commercial invoices, not bearing the name, business
style, taxpayers identification number and business address of the person or entity.

In section 105 NIRC any person who in the course of trade and business, sell, barters, leases, goods or
properties, render services are subject to VAT(value added tax), thereby being a Vat-registered person
the association is required to issue an official receipt registered at the BIR bearing the name, taxpayer
Identification number and business address of the person or entity.

Let it be known, Section 264 (a) REPUBLIC ACT NO. 8424 states that : Any person who being required
under section 237 to issue receipts or sales or commercial invoices, fail or refuses to issue such receipts
or invoices that do not truly reflect and/or contain all the info required to be shown therein, shall, upon
conviction for each act or omission, be punished by a fine of not less the One Thousand Pesos
(P1,000.00) but not more than Fifty Thousand Pesos (P50,000.00) and suffer imprisonment of not less
than Two (2) years but not more than Four (4) years.

5. Is Membership in a Homeowners’ Association Voluntary/Optional?

Membership in a HOA is still voluntary under RA 9904 with certain exceptions, which are enumerated in
Section 5 of HLURB Resolution No. 770, Series of 2004.

Remember that membership in organizations or associations will forever be voluntary in nature by

reason of the basic constitutional right to freedom of association enshrined in Section 8, Article III of the
1987 Constitution.

But, the best evidence we have that memberships in a HOA is voluntary can be found in Section 22(a) of
RA 9904.

The law makes it unlawful for any person to compel a homeowner to join the association, without
prejudice to the exceptions indicated in the said provision.

AND WE HAVE THE RIGHT TO ASSOCIATION INCLUDES THE RIGHT NOT TO ASSOCIATE.

6. Posting/publishing your name publicly that you’re a Delinquent member or a member not in good
standing is ILLEGAL!

REPUBLIC ACT NO. 386 - CHAPTER 2 - Human Relations - Article 26 states that:

Every person shall respect the dignity, personality, privacy and peace of mind of his and neighbors other
persons. The following & similar acts though they may not constitute a criminal offense, shall produce a
cause of action for damages, prevention and other relief:

(4) Vexing or humiliating another on the account of his religious beliefs, lowly station in life, Place of
birth, physical defect, or other personal condition.

It assert to caused mental anguish, wounded feelings, moral shock, infliction of mental Distress, social
humiliation or similar injury to the individual.

7. Exemption from Building Permits

National Building Code of the Philippines

(P,D. 1096 – RA 6541 Revision)
2004 IRR of PD 1096

A building permit shall not be required for the following minor constructions and repairs, provided these
shall not violate any provision of the Code and this IRR.

a. Minor Constructions
i. Sheds, outhouses, greenhouses, children’s playhouses, aviaries, poultry houses and the like, not
exceeding 6.00 sq. meters in total area, provided they are completely detached from any other building
and are intended only for the private use of the owner.
ii. Addition of open terraces or patios resting directly on the ground, not exceeding 20.00 sq. meters in
total floor area, exclusively for the private use of the owner.
iii. Installation of window grilles.
iv. Garden pools for the habitation of water plants and/or aquarium fish not exceeding 500 millimeters
in depth and exclusively for private use.
v. Garden masonry walls other than party walls not exceeding 1.20 meters in height, footpaths,
residential garden walks and/or driveways.

b. Repair Works

i. Repair works not affecting or involving any structural member, such as replacement of deteriorated
roofing sheets or tiles, gutters, downspouts, fascias, ceilings and/or sidings.
ii. Repair and/or replacement of non load-bearing partition walls.
iii. Repair and/or replacement of any interior portion or a house not involving addition or alteration.
iv. Repair and/or replacement work of doors and windows.
v. Repair and/or replacement work of flooring.
vi. Repair of perimeter fence and walls.
vii. Repair and/or replacement of plumbing fixtures, fittings or pipings, such as toilet bowls, sinks,
lavatories, urinals, bidets, pipes, faucets, valves for single detached dwellings and duplexes.

7. HOA charged/Collect Construction Permit is ILLEGAL!

HOA has NO MANDATE to Charge/collect Construction/Building Permit.

As per REVISED IMPLEMENTING RULES AND REGULATIONS OF THE NATIONAL BUILDING CODE OF THE
PHILIPPINES (P.D. 1096),
Construction Permit/Building Permit - A document issued by Building Official (BO) to an owner/applicant
to proceed with the construction, installation, addition, alteration, renovation, conversion, repair,
moving, demolition or other work activity of a specific project/building/structure or portions thereof
after the accompanying principal plans, specifications and other pertinent documents with the duly
notarized application are found satisfactory and substantially conforming with the National Building
Code of the Philippines (the Code) and its Implementing Rules and Regulations (IRR).

BUILDING OFFICIAL — the Executive Officer of the OBO appointed by

the Secretary. SECTION 205. Building Officials. All Building Officials appointed or designated other than
by the Secretary, shall continue to act as the Building Official until such time that the Secretary appoints
the Building Official. Offices of the Building Officials already established, separate and distinct from the
office of the City/Municipal Engineers in cities and municipalities may continue to exist until such time
that a regular office is created.

R.A. No. 9266 also expressly provides that all national and local government officials, such as Building
Officials and Municipal/City Engineers shall implement the said law.

SECTION 208. Fees - NATIONAL BUILDING CODE OF THE PHILIPPINES (P.D. 1096)
The Secretary, thru Memorandum Circulars, shall prescribe the rates of fees and formulate guidelines in
the imposition and collection of fees.

Building permit fees refers to the basic permit fee and other charges imposed under the National
Building Code.

8. The HOA charging exorbitant fees during the application of the building construction is ILLEGAL.

1. SECTION 208. Fees - NATIONAL BUILDING CODE OF THE PHILIPPINES (P.D. 1096)

SECTION 203. General Powers and Functions of the Secretary

5. Prescribe and impose the amount of fees and other charges as may be deemed necessary that the
Building Official shall collect in connection with the performance of regulatory functions.

The Secretary, thru Memorandum Circulars, shall prescribe the rates of fees and formulate guidelines in
the imposition and collection of fees.

THE LOCAL GOVERNMENT CODE OF THE PHILIPPINES

BOOK II - LOCAL TAXATION AND FISCAL MATTERS, TITLE ONE. - LOCAL GOVERNMENT TAXATION
CHAPTER 1 - GENERAL PROVISIONS

SEC. 131. Definition of Terms- (l) "Fee" means a charge fixed by law or ordinance for the regulation or
inspection of a business or activity;

2. The act violates our civil rights under RA 386 CHAPTER 2 Human Relations Art. 32(8)
Article 32 state that : Any public officer or employee, or any private individual, who directly or indirectly
obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties
of another person shall be liable to the latter for damages:
(8) The right to the equal protection of the laws;

The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes
a violation of the Penal Code or other penal statute.

3. RA 9904 : Magna Carta of Homeowners

CHAPTER III
HOMEOWNERS' ASSOCIATION
SEC. 10. Rights and Powers of the Association. - An
association shall have the following rights and shall exercise
the following powers:

(i) Impose or collect reasonable fees for the use of open spaces, facilities, and services of the association
to defray necessary operational expenses, SUBJECT TO THE LIMITATIONS & CONDITIONS IMPOSED
UNDER THE LAW, the regulations of the board and the association's bylaws;
9. Your construction materials are not allowed to be delivered by the subdivision guards since you’re a
HOA member of not in good standing is ILLEGAL.

The act violates our civil rights under RA 386 TITLE II OWNERSHIP CHAPTER 1 Ownership in General Art.
437
ARTICLE 437 states that: The owner of a parcel of land is the owner of its surface and of everything
under it, and he can construct thereon any works or make any plantations and excavations which he
may deem proper, without detriment to servitudes and subject to special laws and ordinances. He
cannot complain of the reasonable requirements of aerial navigation.

NOTE: 1. Administrative or executive act, policies, ordinances, orders and regulations shall be valid ONLY
when they are not contrary to laws or the constitution.
2. Laws are REPEALED ONLY by another law. Reference Art. 7 New Civil Code.
3 Article 3. Ignorance of the law excuses no one from compliance therewith.
REPUBLIC ACT NO. 386 – Civil Code of the Philippines - CHAPTER 1 Effect and Application of Laws