Grievance Settlement Procedure of Dasmariñas Village Association, Inc. (DVA)

(adopted by the DVA Board on May 18, 2023 through Resolution No. 2023-1308)

Section 1. Grievance Settlement – It is the policy of DVA to address concerns of its residents, avoid litigation, provide a vehicle to compromise and agree on issues, promote harmony and foster a community spirit among residents.1

Any grievance, dispute or issue between DVA and its residents must be resolved in a prompt, orderly, and fair manner. Conciliation or mediation through the DVA Legal Committee may be resorted to as a preliminary step or as appropriate under the circumstances when a complaint is filed under Section 3 below.

A grievance settlement procedure (GSP) is thus needed to respond to this DVA policy.2

Section 2. Scope of the GSP. – The following disputes will be addressed by the GSP before any complaint among the contending parties is filed before the Human Settlements Adjudicatory Council (HSAC) of the Department of Human Settlement and Urban Development.3

  1. Intra-association disputes or controversies arising out of the relations between and among DVA residents or members and/or DVA and the latter’s officers, between any or all of them and DVA;
  2. Disputes between DVA and the beneficial users of its services;
  3. Interpretation and/or enforcement of DVA’s Amended By-Laws, Board Resolutions, Policies, Circulars, and/or Advisories;
  4. Election Contests;
  5. Quorum in Meetings; and
  6. Other cases analogous to the foregoing.

Section 3. How to avail of the GSP – The following should be complied with to start and complete the GSP:

  1. A member shall file a written Complaint addressed to the DVA’s Grievance Committee by filing with the DVA office through its Office Manager a complete and clear statement of its grievance, issue, or controversy, and identifying the other party to which the same is directed;
  2. Within five (5) days from receipt of the Complaint, the DVA President will identify the complaint through a case or file number and appoint at least two (2) residents to constitute the Grievance Committee who must be DVA members in good standing and persons of probity and respectability in the community for the sole purpose of addressing and resolving the complaint;
  3. Within ten (10) days upon its activation by the DVA President, the Grievance Committee will provide the party to whom the grievance, issue, or complaint is directed to answer it within three (3) days from its receipt, and thereafter set continuous summary hearing dates to resolve it until the grievance, issue, or complaint is submitted for resolution;
  4. Within fifteen (15) days after the complaint shall have been submitted for decision, the Grievance Committee will render a written Decision or provide a Report, and/or Recommendation thereon to the DVA President;
  5. Within five (5) days from receipt of the Decision, Report, and/or Recommendation of the DVA Grievance Committee, the DVA President shall call a special meeting of the DVA Board of Governors, which will in turn, confirm, modify, or disapprove the Decision, Report, and/or Recommendation of the DVA Grievance Committee and come up with its own written findings on the issues as appropriate;
  6. A certified copy of the Decision, Report and/or Recommendation will be personally served by the DVA President upon the contending parties.
  7. DVA through its Office Manager will thereafter issue a Certification that the issue or dispute had passed through the GSP to enable the contending parties to bring their concerns to the HSAC or question the propriety of the GSP’s findings and conclusions.4

[1] Rule I, Section 2, DHSUD Department Order No. 2021-007 or the 2021 Revised Implementing Rules and Regulations of Republic Act No. 9904, otherwise known as the Magna Carta for Homeowners and Homeowners Associations (“2021 RIRR of RA 9904”)

[2] Rule 5, Section 20 (g) (3) of HSAC En Banc Resolution No. 8 otherwise known as the Rules of Procedure of the Human Settlements Adjudication Council (“2021 HSAC Rules of Procedure”)

[3] Rule I (b) of the 2021 HSAC Rules of Procedure

[4] Rule I (g) (3) of HSAC En Banc Resolution No. 8, series of 2021

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