The Department of Justice (DOJ), through Legal Opinion No. 08, Series of 2026, opined that the Human Settlements Adjudication Commission (HSAC) has no authority to deputize Local Government Units (LGUs) as special sheriffs to conduct homeowners’ association (HOA) elections.
Issued on 30 March 2026, the Opinion responded to a query on whether HSAC could designate LGUs to execute HOA elections via orders or writs.
The DOJ noted that, “consistent with the provisions of RA No. 11201 and its IRR, the Department of Human Settlements and Urban Development (DHSUD), through its Regional Offices, holds authority to call for, conduct, supervise, and observe special elections pursuant to its mandate to exercise regulatory jurisdiction over HOAs in subdivision projects and government housing projects.”
Deputizing LGUs would overstep HSAC’s mandate, infringe on local autonomy, and misalign with administrative law, as LGUs are not national government instrumentalities absent explicit statutory authority.
“LGUs are political subdivisions created under the Constitution and the Local Government Code, endowed with local autonomy, and vested with powers that are territorial and political in character. It is outside the national government structure,” the DOJ emphasized.
The ruling reinforces clear agency boundaries: HSAC handles adjudication and enforcement; DHSUD oversees HOA elections, promoting lawful, coordinated processes for effective governance.
