[SEC-SICD * CASE NO. 09-97-5762. January 12, 1998.]
MR. & MRS. PABLITO GERVACIO, ET AL., petitioners, vs. LEONILA MILANTE, ET AL., respondents.
O R D E R
Submitted for resolution is the motion to dismiss the instant petition upon the ground that this Commission does not anymore have jurisdiction to hear cases involving intra-corporate disputes between and among officers and members of homeowners' associations. cdll
In support of their motion, movants invoke Executive Order No. 535 as amended by Executive Order No. 90 which provides that the registration of articles of incorporation, regulation and supervision of the activities and operations of homeowners' associations, as well as the exercise of all powers, authorities and responsibilities with respect to homeowners' associations, previously vested on the Securities and Exchange Commission, are transferred to the Home Insurance Guaranty Corporation (HIGC).
Movants moreover pointed out that the issue on the jurisdiction of this Commission had been squarely raised in Case No. LC-LQ No. 91-206 which the same petitioners filed before this Commission's Prosecution and Enforcement Department (PED) against the herein respondents, whereupon this Commission, in...