DOJ: HSAC Cannot Empower LGUs as Sheriffs for HOA Elections 

DOJ: HSAC Cannot Empower LGUs as Sheriffs for HOA Elections 

By Bing Jabadan – TheNATIONWEEK.com | April 10, 2026

MANILA, Philippines – In a groundbreaking decision that resonates with homeowners grappling with deep-rooted corruption, illicit fee collection, and abuses of authority by homeowners’ association (HOA) officials, the Department of Justice (DOJ) has delivered a powerful verdict: A Significant Blow to Systemic Corruption. Through Legal Opinion No. 08, Series of 2026, the DOJ has declared that the Human Settlements Adjudication Commission (HSAC) lacks the authority to appoint Local Government Units (LGUs) as special sheriffs to oversee HOA elections.

This pivotal opinion, issued on March 30, 2026, addressed inquiries regarding HSAC’s ability to empower LGUs to conduct HOA elections through orders or writs. 

The DOJ clarified that, in accordance with the provisions of Republic Act No. 11201 and its Implementing Rules and Regulations, the Department of Human Settlements and Urban Development (DHSUD) holds the exclusive authority to call for, conduct, supervise, and monitor special elections. This authority is rooted in its mandate to regulate HOAs within subdivision projects and government housing initiatives.

Allowing LGUs to take on this role would not only exceed HSAC’s jurisdiction but also encroach upon local autonomy and conflict with established administrative law. The DOJ emphasized that LGUs are political entities established under the Constitution and the Local Government Code, endowed with local autonomy and powers that are inherently territorial and political. They do not function as extensions of the national government without explicit legislative authorization.

This ruling delineates the roles of government agencies with precision: HSAC is tasked with adjudication and enforcement, while DHSUD is responsible for overseeing HOA elections. This clarity fosters lawful and coordinated governance, ensuring that the electoral processes within homeowners’ associations are conducted effectively and transparently.