Presidential Commission for the Urban Poor

Bigkas Pinoy

The Bigkas Pinoy competitions were held last 2 December 2005 at the Convention Hall of the Bureau of Soils and Water Management in Quezon City.

The ten public high schools who joined performed original compositions based on the theme "Patuloy na Paghilom Tungo sa Pagsulong."

Gen. Pio Del Pilar National High School (Makati City), who earlier topped the Awit Pinoy competitions, won the Bigkas Pinoy as well. They took home PhP30,000 with their contest piece "Panawagan ng Kabataan: Patuloy na Paghilom Tungo sa Pagsulong."


Second place and PhP20,000 went to Malabon National High School with "Patuloy na Paghilom Tungo sa Pagsulong."


Navotas National High School copped third place with "Sugat" and received PhP10,000.


The seven other contestants received consolation prizes of PhP5,000 each.

Bigkas Pinoy Contestants
Bigkas Pinoy Judges

Bigkas Pinoy Judges

Dr. Belen Calingacion (Chairperson)
Chair, Department of Speech Communications and Theater Arts
College of Arts and Letters, University of the Philippines
Diliman, Quezon City

Bb. Miriam Palawan
Senior Language Researcher, Commission of Filipino Language
San Miguel, Manila

Dr. Candelaria Acas
Linguist Specialist, Commission on Filipino Language
San Miguel, Manila

Mr. Vlademeir Gonzales
Faculty, Kagawaran ng Pilipino
University of the Philippines
Diliman, Quezon City

Prof. Prima Jesusa Baton
Chairperson, Mass Communications Department
St. Scholastica’s College, Manila

Bigkas Pinoy Contestants

Antipolo National High School
Contest Piece: "Maralitang Tagalungsod, Katuwang sa Pagsulong"
Principal: Dr. Corazon Laserna
Mentor: Ma. Alma Sheila Manabat

Dasmariñas National High School
Contest Piece: "Patuloy na Paghilom Tungo sa Pagsulong"
Principal: Dr. David E. Atas
Mentor: Marissa Cabrera

Gen. Pio Del Pilar National High School
Contest Piece: "Panawagan ng Kabataan: Patuloy na Paghilom Tungo sa Pagsulong"
Principal: Ma. Corazon L. Jose
Mentors: Jocelyn F. Belo-Ong & Nancy I. Barrios

Lagro High School
Contest Piece: "Pagkakaisang Hangad, Kayang-kayang Matupad!"
Principal: Dr. Fernando Javier
Mentor: Geraldo Jumawan

Malabon National High School
Contest Piece: "Patuloy na Paghilom Tungo sa Pagsulong"
Principal: Dr. Rosa G. Centeno
Mentor: Anthony I. Cruz

Mandaluyong High School
Contest Piece: "Sulong Pilipinas Pag-isahin, Pagbigkisin Diwa at Layunin"
Principal: Ms. Evangelista Diaz
Mentor: Protacio Glipo, Jr.

Marikina High School
Contest Piece: "Alaala ng EDSA: Gunitain Man ay Hilom Na!"
Principal: Dr. Victoria T. Naranja
Mentors: Edwin J. Antonio & Erlinda A. Flores

Navotas National High School
Contest Piece: "Sugat"
Principal: Dr. Cecilia M. Saenz
Mentors: Angel Angeles & Carina R. Evangelista

Pedro E. Diaz High School
Contest Piece: "Kabataan Pilipino, Tungo sa Paghilom at Pagsulong"
Principal: Dr. Meredith Romero
Mentor: Rowena Raton-Hibanada

Rizal High School
Contest Piece: "Patuloy na Paghilom Tungo sa Pagsulong"
Principal: Ms. Josephine M. Cruz
Mentors: Ma. Teresita Herrera & Ana Ma. Tolentino

Awit Pinoy Board of Judges

Professor Ramon Acoymo (Chairman)
Dean, College of Music
University of the Philippines
Diliman, Quezon City

Nikos Ibarra R. Mante
Conductor, U.P. Manila Chorale
Padre Faura, Manila

Professor Ricardo Mazo, Jr.
Faculty, Choral Conducting
College of Music, University of Santo Tomas
España, Manila

Professor Gemma T. Malicdem
Faculty, Piano Pedagogy and Music Literature
College of Music, University of the Philippines
Diliman, Quezon City

Awit Pinoy Contestants

Antipolo National High School
Contest Piece: "Tagumpay Nating Lahat"
Principal: Dr. Corazon Laserna
Mentor: Maricar Castillo

Bagumbayan National High School
Contest Piece: "Ako’y Isang Pinoy at Dakilang Lahi (Medley)"
Principal: Dr. Renato B. Mesada
Mentor: Mark David Toledo & Ferdinand G. Delgado

Batasan Hills National High School
Contest Piece: "Ako'y Isang Pinoy"
Principal: Dr. Rowena Cacanindin
Mentor: Teresita Cervero

Dasmariñas National High School (Paliparan Annex)
Contest Piece: "Isang Lahi"
Principal: Dr. David E. Atas
Mentor: Melchor Raquion

Dr. Arcadio Santos National High School (Masville Annex)
Contest Piece: "Tagumpay Nating Lahat"
Principal: Mr. Rosendo Abulog
Mentor: Rafael Felix

Gen. Pio Del Pilar National High School
Contest Piece: "Isang Dugo, Isang Lahi, Isang Musika"
Principal: Ms. Ma. Corazon L Jose
Mentors: Lester Frederic G. Delgado & Mila Minerva G. Mabanag

Lagro High School
Contest Piece: "Bata ay Bukas"
Principal: Dr. Fernando Javier
Mentor: Frances Tiburcio

Ma. Concepcion Cruz High School
Contest Piece: "Magkaisa"
Principal: Mr. Gil Teodoro
Mentor: Juliet R. Alimpuyo

Pasay City West High School
Contest Piece: "Mabuhay Ka Pilipino"
Principal: Dr. Myrna M. Sarmiento
Mentors: Majoleen Soriano & Benjamin Bryan Tengco

Pedro E. Diaz High School
Contest Piece: "Tagumpay Nating Lahat"
Principal: Dr. Meredith Romero
Mentor: Rhodora Cynthia B. Cobalida

Rizal High School
Contest Piece: "Mabuhay Ka Pilipino"
Principal: Ms. Josephine M. Cruz
Mentors: Lilia Pascual & Gloria Angeles

Awit Pinoy

The Convention Hall of the Bureau of Soils and Water Management in Quezon City rang with a nationalistic fervor last 1 December 2005 when it played host to the Awit Pinoy competitions.

Eleven choirs participated, and the quality of their performances belied the fact that the contestants were mere high school students. It made the job of the Board of Judges - composed of Nikos Ibarra R. Mante (Conductor, UP Manila Chorale), Prof. Ricardo Mazo, Jr. (UST College of Music), Prof. Gemma T. Malicdem (UP College of Music), and headed by Dean Ramon Acoymo (UP College of Music) - a little harder. But as in every contest, a winner had to be chosen.

Gen. Pio del Pilar National High School (Makati City) took home top honors for their rendition of "Isang Dugo, Isang Lahi, Isang Musika," as well as a whopping PhP60,000 in prize money.


Second place and PhP40,000 went to Pasay City West High School, who interpreted "Mabuhay Ka Pilipino."


On the other hand, Rizal High School (Pasig City) took third place and PhP20,000 performing the same song.


No one was empty-handed, however, as the rest of the competing schools received consolation prizez of PhP5,000 each.

Awit Pinoy Contestants
Awit Pinoy Board of Judges

Awit at Bigkas Pinoy Choral Festival

The Awit at Bigkas Pinoy Choral Festival showcased the skills and talents of the urban poor youth in music and in the performing arts. Made up of competitions in choral singing and choral recitation, it featured entries from high schools in various depressed areas in Metro Manila and nearby localities.

The theme for the competitions was “Patuloy na Paghilom Tungo sa Pagsulong.” This was anchored on one of President Gloria Macapagal-Arroyo's 10-point agenda, particularly the healing of wounds brought about by the divisions caused by EDSA I, II and III, and in the need to learn the lessons of unity and courage from these events.

Awit Pinoy
Bigkas Pinoy

The Urban Poor Solidarity Week

Created through Executive Order No. 82 in 1986, PCUP serves as the direct link of the urban poor to the government in formulating policies and implementing programs which address their needs. PCUP works towards a policy environment more favorable, responsive and relevant to the needs and aspirations of the urban poor and makes efforts to secure the human rights and welfare of the urban poor.

By virtue of Proclamation 367, December 2 to 8 of every year is declared as Urban Poor Solidarity Week (UPSW). This is intended to promote greater understanding of the issues and problems on urban poverty, and to foster unity and dialogue among the urban poor, government agencies and NGOs. PCUP is tasked to take the lead in this undertaking.

The 18th UPSW, December 2005

Urban Poor Solidarity Week 2005

Created through Executive Order No. 82 in 1986, PCUP serves as the direct link of the urban poor to the government in formulating policies and implementing programs which address their needs. PCUP works towards a policy environment more favorable, responsive and relevant to the needs and aspirations of the urban poor and makes efforts to secure the human rights and welfare of the urban poor.

By virtue of Proclamation 367, December 2 to 8 of every year is declared as Urban Poor Solidarity Week (UPSW). This is intended to promote greater understanding of the issues and problems on urban poverty, and to foster unity and dialogue among the urban poor, government agencies and NGOs. PCUP is tasked to take the lead in this undertaking.

The 2005 UPSW - the 18th such celebration - had the theme "Maralitang Tagalungsod: Pasulong sa Matatag na Republika." This theme was anchored on the spirit of oneness and the healing of wounds of divisiveness, and forging ahead to build a strong republic. The activities were focused on recognizing the efforts of the government, the private sector and non- government organizations that extend unwavering support and commitment for the welfare of the urban poor. Their concerted efforts have resulted in creative ways to recognize and utilize the capability of the urban poor such that they will be able to participate in the pursuit to "BEAT THE ODDS" - commonly known as PGMA’s 10-point agenda and the battlecry of her administration.

The celebration had the following objectives:
1. Raise the level of awareness, understanding and appreciation of the marginalized sector to social issues and realities;

2. Recognize the unwavering commitment and concern to the service of the urban poor which is worthy of emulation;

3. Recognize the skills and talents of the urban poor youth through a cultural presentation;

4. Present the accomplishments of PCUP;

5. Conduct consultation and formulate policy initiatives; and

6. Feature the success stories of the urban poor.
And to realize the aforementioned objectives, PCUP held the following activities last December 2005:
1. Awit at Bigkas Pinoy Choral Festival

2. Ulat sa Maralita at Gawad Parangal

3. Handog Sa Kabataang Maralita sa Kalungsuran

4. Ugnayang Maralita Forum Series

Executive Order No. 153

MALACAÑANG
Manila

BY THE PRESIDENT OF THE PHILIPPINES


EXECUTIVE ORDER NO. 153

INSTITUTING THE NATIONAL DRIVE TO SUPPRESS AND ERADICATE PROFESSIONAL SQUATTING AND SQUATTING SYNDICATES, AMENDING EXECUTIVE ORDER NOS. 178, S. 1999 AND 129, S. 1993, AND FOR OTHER PURPOSES

WHEREAS, various instruments have been issued under Republic Act No. 7279, otherwise known as the Urban Development and Housing Act (UDHA) of 1992, instituting mechanisms to curb the nefarious activities of professional squatters and squatting syndicates;

WHEREAS, there is no need to further intensify the national drive against these criminal elements that prey on people who need most the protection of the law;

WHEREAS, there is no need to re-orient and strengthen the existing mechanisms to effectively curtail said menace; and

WHEREAS, Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 or the Administrative Code of 1987 provides for the continuing authority of the President to reorganize the administrative structure of the Office of the President.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law do hereby order:

Section 1. Instituting the National Drive Against Professional Squatting and Squatting Syndicates. – The national drive against professional squatting and squatting syndicates is hereby instituted.

Sec. 2. HUDCC and DOJ as Lead Agencies. – The Housing and Urban Development Coordinating Council (HUDCC) is hereby directed to take the lead in the identification of professional squatters and squatting syndicates, monitor and launch operations, through the proper agency or body, to curtail their activities.

The Department of Justice (DOJ), in conjunction with HUDCC’s functions under this Order, shall take the lead in the prosecution of identified professional squatters and squatting syndicates.

The National Committee Against Squatting Syndicates and Professional Squatters established under Executive Order No. 129 dated 15 October 1993 is hereby abolished. All the functions thereof are hereby transferred to the HUDCC. Any reference to the National Committee shall by virtue hereof be read as referring to HUDCC insofar as such is not inconsistent with the provisions of this Order.

Sec. 3. Support of Relevant Agencies. – The HUDCC and DOJ shall have authority to call on the following government agencies to give their full support, assistance and cooperation in the course of the implementation of the provisions of this Order:
a. Presidential Commission for the Urban Poor (PCUP);
b. Department of Interior and Local Government (DILG);
c. Department of Environment and Natural Resources (DENR);
d. Philippine National Police (PNP);
e. National Urban Poor Sectoral Council of the National Anti-Poverty Commission (NUPSC-NAPC);
f. National Bureau of Investigation (NBI);
g. Land Registration Authority (LRA); and
h. Office of the Solicitor General (OSG).

The above agencies are hereby directed to designate full-time staff who shall be tasked to coordinate with and work closely with HUDCC and DOJ.

Sec. 4 Strengthening of the National Police Task Force. – The National Police Task Force (NPTF) to Apprehend Squatting Syndicates and Professional Squatters created under Executive Order No. 178 dated 23 November 1999 is hereby strengthened. It shall serve as the operational arm of HUDCC in the drive against professional squatters and squatting syndicates.

The Philippine National Police (PNP) is hereby directed to designate full-time staff and/or personnel for the NPTF.

Sec. 5 Secretariat. – The Presidential Commission for the Urban Poor (PCUP) shall provide secretariat support to HUDCC, DOJ and the NPTF.

Sec. 6. Funding Requirements. – The initial funding requirements for the implementation of the provisions of this Order shall come from the budgets of HUDCC, DOJ, PNP, and PCUP respecting each of their functions herein. Subsequent funding shall be incorporated into their respective regular budgets.

Sec. 7. Reporting to the Executive Secretary. – The HUDCC and the DOJ shall submit regular reports to the Executive Secretary relative to the implementation of the provisions of this Order.

Sec. 8. Implementing Guidelines – The HUDCC and DOJ, in consultation with relevant agencies and other stakeholders, shall jointly formulate and adopt guidelines for the effective implementation of this Order.

Sec. 9. Repealing or Amendatory Clause. All other executive orders, rules, regulations and other issuances or parts thereof inconsistent with this Order are hereby repealed, superseded or modified accordingly.

Sec. 10. Effectivity. This Executive Order shall take effect immediately.


DONE in the City of Manila, this 10th day of December, in the year of Our Lord, Two Thousand Two.


By the President:


ALBERTO G. ROMULO
Executive Secretary

Executive Order No. 152

MALACAÑANG
Manila


BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 152

DESIGNATING THE PRESIDENTIAL COMMISSION FOR THE URBAN POOR AS THE SOLE CLEARING HOUSE FOR THE CONDUCT OF DEMOLITION AND EVICTION ACTIVITIES INVOLVING THE HOMELESS AND UNDERPRIVILEGED CITIZENS AND ESTABLISHING FOR THE PURPOSE A MECHANISM TO ENSURE STRICT COMPLIANCE WITH THE REQUIREMENTS OF JUST AND HUMAN DEMOLITION AND EVICTION UNDER THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992, AND FOR OTHER PURPOSES


WHEREAS, Section 10 of Article XIII of the Constitution provides that “Urban and rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner.”

WHEREAS, pursuant to such constitutional mandate, Section 28 of Republic Act No. 7279 or the Urban Development and Housing Act (UDHA) of 1992 prescribes the instances where evictions may be undertaken as well as imposes certain requirements that must be met for an eviction involving homeless and underprivileged citizens to become valid;

WHEREAS, the provisions of the said law notwithstanding, it has been observed that several evictions and demolitions affecting the homeless and underprivileged citizens have been conducted in utter disregard of the above legal requirements;

WHEREAS, there is an urgent need for the government to take steps to ensure strict implementation of the said law and its related rules and regulations and thus uphold the constitutionally guaranteed rights of the disadvantaged sectors of the society; and

WHEREAS, Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 or the Administrative Code of 1987 provides for the continuing authority of the President to reorganize the administrative structure of the Office of the President.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law and the Constitution, do hereby order:

Section 1. Clearing House for Demolition and Eviction. – The Presidential Commission for the Urban Poor (PCUP) is hereby designated as the sole clearing house for the conduct of demolition and eviction activities involving the homeless and underprivileged citizens. In pursuit of its mandate under this Order, the PCUP shall exercise, among others, the following powers and functions:
1. Monitor all evictions and demolitions, whether extra-judicial or court-ordered, involving homeless and underprivileged citizens;

2. Require the concerned departments and agencies, including concerned local government units (LGUs), proposing to undertake demolition and eviction activities to secure first from either the PCUP Central Office (in the case of national projects) or from the PCUP Regional Office (in the case of regional or local projects) the checklist, guidelines and compliance certificates on demolition and eviction prior to the actual implementation thereof and thereafter, submit to the PCUP the completed checklist, attested to under oath by the proponent and indicating that:

a. Adequate consultations with the affected families have already been undertaken;
b. Adequate resettlement site and relocation facilities are available; and
c. The provisions of Section 3, paragraph 1 of the Implementing Rules and Regulations of Section 28 of RA 7279 (Pre-Relocation) have been complied with.

3. Based on the completed checklist, and subject to further verification, issue demolition and eviction compliance certificates to proposed demolitions and evictions involving the homeless and underprivileged citizens;

4. Investigate motu proprio or upon complaint by any party, any violation of the provisions of Section 28 of RA 7279 or its implementing rules and regulations;

5. File motu proprio or by way of assistance to any aggrieved party, the appropriate criminal, civil or administrative case against any person or persons found to have violated the provisions of Section 28 of RA 7279 or its implementing rules and regulations;

6. Recommend to the President appropriate measures for the implementation and enforcement of Section 28 of RA No. 7279 and its implementing rules and regulations, including possible administrative sanctions against national or local government officials who have violated the said law, rules and regulations;

7. Request any government agency for assistance and necessary information in the discharge of their respective functions under this Order;

8. Publicize matters covered by its investigation of violations of the provisions of Section 28 of RA 7279 or its implementing rules and regulations, when circumstances so warrant and with due prudence: Provided, however, that the PCUP shall, under the rules and regulations it shall hereafter promulgate, determine what cases may not be made public: Provided, further, that any publicity issued by the PCUP shall be balanced, fair and true;

9. Administer oaths, issue subpoena and subpoena duces tecum, and take the testimonies of witnesses in the course of its investigation;

10. Adopt its own operational guidelines and rules of procedures, as well as rules and regulations not otherwise inconsistent with exiting laws, rules and regulations, to effectively carry out its mandate; and

11. Perform such other function as may hereafter be provided by law or executive issuance.

Sec. 2. Delegation of Functions to PCUP Regional Officials. – The PCUP shall properly delegate to its regional officials the performance of any of the functions mentioned in the preceding Section insofar as they relate to purely regional or local concerns.

Sec. 3. Monitoring Support from NUPSC. – The National Urban Poor Sectoral Council (NUPSC), one of the sectoral organizations represented in the National Anti-Poverty Commission (NAPC), is hereby deputized as the civilian arm of the PCUP in the conduct of monitoring activities at the local level relative to the implementation of the provisions of this Order. The NUPSC shall report directly to the PCUP Central or concerned Regional Office regarding compliance with or violations of any of such provisions.

Subject to the availability of resources, the PCUP shall likewise provide the necessary technical, administrative and financial support to the NUPSC and to such other similar organizations as may hereafter be deputized, to enable them to carry out their monitoring activities in accordance with the provisions of this Order.

Sec. 4. Provision of Police Assistance. – The concerned department and agencies of the government, the LGUs, or other proponents of eviction and demolition activities shall be provided authorized police assistance only upon their prior compliance with the statutory requirements under Section 28 of RA 7279 or its implementing rules and regulations as well as with the checklist and compliance certificate requirements, as certified by the PCUP.

Police assistance, as used in this Order, shall be limited to peace-keeping and law enforcement and shall, in no way, mean participation in actual eviction or demolition.

Sec. 5. Police Assistance; When Authorized. – The foregoing provisions notwithstanding, police activities or assistance shall be allowed only under any of the following circumstances:

1. In pursuance of any court order specifying police action or assistance;
2. In any case or event where voluntary dismantling of structures has been agreed upon in writing by the parties concerned and approved by the PCUP, or where police assistance shall be necessary to preserve peace and order;
3. In cases of local infrastructure projects, provided however, that the duty authorized official of the PCUP at the regional or local level has approved the same in writing; and
4. In cases of national infrastructure projects, provided however, that the PCUP Central Office has approved the same in writing.

In any of the circumstance specified in this Section, the members of the PNP tapped to provide police assistance shall be in proper uniform and in appropriate cases, carry with them the necessary papers and documents supporting the provision of police action or assistance.

Sec. 6. Non-compliance with the Checklist Requirements. Failure on the part of the proponent of demolition or eviction activities to submit to the PCUP the required checklist, or submission by the former of a false or fraudulent checklist shall subject the concerned government official or local chief executive to appropriate disciplinary action pursuant to the provisions of Section 61 of Republic Act. No. 7160 or the Local Government Code of 1991 and other relevant laws, rules and regulations, without prejudice to the institution of separate criminal or civil actions that may be applicable under the circumstances.

Sec. 7. Demolition Without Completed Checklist or Unauthorized Police Assistance. – Any official of the PCUP who shall cause the endorsement of demolition or eviction activity without a completed checklist, or if such checklist is submitted but the veracity of which has not been certified, or any of the officers and members of the PNP who shall take part in or provide assistance to demolition or eviction activities without prior authorization from the PCUP, shall likewise be meted proper disciplinary action, without prejudice to other criminal and civil actions.

Sec. 8. Cooperation of Concerned Agencies. – All concerned government agencies, such as the Department of the Interior and Local Government (DILG), Philippine National Police (PNP), Department of Social Welfare and Development (DSWD), Department of Public Works and Highways (DPWH), Department of Health (DOH), Housing and Urban Development Coordinating Council (HUDCC), and the National Housing Authority (NHA), are hereby called upon to extend full cooperation to the PCUP, and where necessary, to make available to the latter such materials, data and other resources to ensure the effective and efficient implementation of this Order.

Sec. 9. Submission of Periodic Reports. – The PCUP shall submit periodic reports to the Office of the President, through the Office of the Executive Secretary, relativ to the status of compliance with the provisions of this Order and the pertinent provisions of the law governing eviction, demolition and relocation activities.

Sec.10. Funding. – The funds necessary to carry out the provisions of this Order shall be incorporated in the annual budget of the PCUP under the General Appropriations Act.

Sec. 11. Separability Clause. – Should any provision of this Order be declared invalid, the validity of the other provisions hereof shall be unaffected thereby.

Sec. 12. Effectivity. – This Executive Order shall take effect upon its publication in a national newspaper of general circulation.


DONE in the City of Manila, this 10th day of December, in the year of Our Lord, Two Thousand and Two.


By the President:


ALBERTO G. ROMULO
Executive Secretary

En Banc

Hon. Percival C. Chavez
PCUP Chairman/CEO

Hon. Antonio L. Alvarado
Commissioner

Hon. Mohammad Isa Perfecto C. Vergel de Dios, Jr.
Commissioner

Hon. Fidel B. Rancio
Commissioner

Hon. Luzviminda B. Salcedo
Commissioner

Contact Information

Office of the Chair
5TH Floor, DHC Bldg., 1115 EDSA, Quezon City
(02) 410-4691 /410-4713 [Telefax]
pcup.oc@gmail.com

Rm. 328 Tahanan ng Masa
(PACE), San Miguel, Manila
(02) 736-86-59 [Telefax]

Office of the Commissioners
4TH Floor, DHC Bldg., 1115 EDSA, Quezon City
(02) 410-4656
pcup.ocom@gmail.com

Administrative & Finance Division
5TH Floor, DHC Bldg., 1115 EDSA, Quezon City
(02) 410-4691 /(o2) 410-4713 [Telefax]
pcup.afd@gmail.com

Information Systems & Data Management Division
4TH Floor, DHC Bldg., 1115 EDSA, Quezon City
(02) 410-4656
pcup.isdmd@gmail.com

Field Operations Division - NCR
Mezzanine, DHC Bldg., 1115 EDSA, Quezon City
(02) 410-4702
pcup.ncr@gmail.com

Field Operations Division - Luzon
Mezzanine, DHC Bldg., 1115 EDSA, Quezon City
(02) 410-3294
pcup.luzon@gmail.com

Field Operations Division-Visayas
Suite 202 Aurelia Manor Bldg., 177-A V. Gullas St., Cebu City
(032) 79-541/(032)412-1002/(032)254-8651
cloi411@yahoo.com

Field Operation Division-Mindanao
Door 12 Ebro Pelayo Bldg., Juan Luna St., Davao City
(082) 22-77-988/(082) 22-62-492
pcupmin@skyinet.net

Republic Act No. 7279

Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro Manila


Fifth Regular Session

Began and held in Metro Manila, on Monday, the twenty-
second day of July, nineteen hundred and ninety one.

__________

[Republic Act No. 7279]

AN ACT TO PROVIDE FOR A COMPREHENSIVE AND CONTINUING URBAN DEVELOPMENT AND HOUSING PROGRAM, ESTABLISH THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES


Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:


ARTICLE I

TITLE, POLICY, PROGRAM AND DEFINITION OF TERMS

Section 1. Title. – This Act shall be known as the “Urban Development and Housing Act of 1992.”

Section 2. Declaration of State Policy and Program Objectives. It shall be the policy of the State to undertake, in cooperation with private sector, a comprehensive and continuing Urban Development and Housing Program, hereinafter referred to as the Program, which shall:

a) Uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlements areas by making available to them decent housing at affordable cost, basic services, and employment opportunities;

b) Provide for the rational use and development of urban land in order to bring about the following:

(1) Equitable utilization of residential lands in urban and urbanizable areas with particular attention to the needs and requirements of the underprivileged and homeless citizens and not merely on the basis of market forces;


(2) Optimization of the use and productivity of land and urban resources;

(3) Development of urban areas conducive to commercials and industrial activities which can generate more economic opportunities for the people;

(4) Reduction in urban dysfunctions, particularly those that adversely affect public health, safety and ecology; and

(5) Access to land and housing by the underprivileged and homeless citizens.

c) Adopt workable policies to regulate and direct urban growth and expansion towards a dispersed urban net and more balanced urban-rural interdependence;

d) Provide for an equitable land tenure system that shall guarantee security of tenure to Program beneficiaries but shall respect the rights of small property owners and ensure the payment of just compensation;

e) Encourage more effective people’s participation in the urban development process; and

f) Improved the capability of local government units in undertaking urban development and housing programs and projects.

Section 3. Definition of Terms for Purposes of this Act.

a) “Affordable cost” refers to the most reasonable price of land and shelter based on the needs and financial capability of Program beneficiaries and appropriate financing schemes;

b) “Areas for priority development” refers to those areas declared as such under existing statutes and pertinent executive issuances;

c) “Blighted areas” refers to the areas where the structures are dilapidated, obsolete and unsanitary, tending to depreciate the value of the land and prevent normal development and use of the area;

d) “Consultation” refers to the constitutionally mandated process whereby the public, on their own or through people’s organizations is provided an opportunity to be heard and to participate in the decision-making process on matters involving the protection and promotion of its legitimate collective interests, which shall include appropriate documentation and feedback mechanisms;

e) “Idle lands” refers to non-agricultural lands in urban and urbanizable areas on which no improvements, as herein defined, have been made by the owner, as certified by the city, municipal or provincial assessor;

f) “Improvements” refers to all types of buildings and residential units, walls, fences, structures of constructions of all kinds of a fixed character or which are adhered to the soil but shall not include trees, plants and growing fruits, and other fixtures that are mere superimpositions on the land, and the value of improvements shall not be less than (50%) of the assessed value of the property;

g) “Joint venture” refers to the commitment or agreement of the two (2) or more persons to carry out a specific or single business enterprise for their mutual benefit, for which purpose they combined their funds, lands resources, facilities and services;

h) “Land assembly or consolidation” refers to the acquisition of lots of varying ownership through purchase or expropriation for the purpose of planned and rational development and socialized housing programs without individual property boundary restrictions;

i) “Land banking” refers to the acquisition of land at values based on existing use in advance of actual need to promote planned development and socialized housing programs;

j) “Land swapping” refers to the process of land acquisition by exchanging land for another piece of land of equal value, for shares of stock in a government or quasi-government corporation whose book value is of equal value to the land being exchanged, for the purpose of planned and rational development and provision for socialized housing where land values are determined based on land classification, market value and assessed value taken from existing tax declarations: Provided, That more valuable lands owned by private persons may be exchanged with less valuable lands to carry out the objectives of this Act;

k) “Land use plan” refers to the rational approach of allocating available land resources as equitably as possible among competing user groups and for different functions consistent with the development plan of the area and the Program under this Act;

l) “On –site development” refers to the process of upgrading and rehabilitation of blighted and slum urban areas with a view of minimizing displacement of dwellers in said areas, and with provisions for basic services as provided for in Section 21 hereof;

m) “Professional squatters” refers to individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded homelots or housing units by the Government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates;

n) “Resettlement areas” refers to areas identified by the appropriate national agency or by the local government unit with respect to areas within its jurisdiction, which shall be used for the relocation of the underprivileged and homeless citizens;

o) “Security of tenure” refers to the degree of protection afforded to qualified Program beneficiaries against infringement or unjust, reasonable and arbitrary eviction or disposition, by virtue of the right of ownership, lease agreement, usufruct and other contractual arrangements;

p) “Slum improvement and Resettlement Program or SIR” refers to the program of the National Housing Authority of upgrading and Improving blighted area outside of Metro Manila pursuant to existing statutes and pertinent executive issuances;

q) “Small property owners” refers to those whose only real property consists of residential lands not exceeding three hundred square meters (300 sq. m.) in highly urbanized cities and eight hundred square meters (800 sq. m.) in other urban areas;

r) “Socialized housing” refers to housing programs and projects covering houses and lots or homelots only undertaken by the Government or the private sector for the underprivileged and homeless citizens which shall include sites and services development, long- term financing, liberalized terms on interest payments, and such other benefits in accordance with the provisions of this Act;

s) “Squatting syndicates” refers to groups of persons engaged in the business of squatter housing for profit or gain;

t) “Underprivileged and homeless citizens” refers to the beneficiaries of this Act and to individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the National Economic and Development Authority and who do not own housing facilities. This shall include those who lived in makeshift dwelling units and do not enjoy security of tenure;

u) “Unregistered or abandoned lands” refers to lands in urban and urbanizable areas which are not registered with the Register of Deeds, or with the city or municipal assessor’s office concerned, or which are uninhabited by the owner and have not been developed or devoted for any useful purpose, or appears unutilized for a period of three (3) consecutive years immediately prior to the issuance and receipt or publication of notice of acquisition by the Government as provided under this Act. It does not include land which has been abandoned by reason of force majeure or any other fortuitous event: Provided, That prior to such event, such land was previously used for some useful or economic purpose;

v) “Urban areas” refers to all cities regardless of their population density and to municipalities with a population density of at least five hundred (500) persons per square kilometer;

w) “Urbanizable areas” refers to sites and lands which, considering present characteristics and prevailing conditions, display marked and great potential of becoming urban areas within the period of five (5) years; and

x) “Zonal Improvement Program or ZIP” refers to the program of the National Housing Authority of upgrading and improving blighted squatter areas within the cities and municipalities of Metro Manila pursuant to existing statutes and pertinent executive issuances.


ARTICLE II

COVERAGE AND EXEMPTIONS

Section 4. Coverage - The program shall cover all lands in urban and urbanizable areas, including existing areas for priority development, zonal improvement sites, slum improvement and resettlements sites, and in other areas that may be identified by the local government units as suitable for socialized housing.

Section 5. Exemptions – The following lands shall be exempt from the coverage of this Act:

a) Those included in the coverage of Republic Act No. 6657, otherwise known as the comprehensive Agrarian Reform Law;

b) Those actually used for national defense and security of the state;

c) Those used, reserved or otherwise set aside for government offices, facilities and other installations, whether owned by the National Government, its agencies and instrumentalities, including government-owned or-controlled corporations, or by the local government units: Provided, however, That the lands herein mentioned, or portions thereof, which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of this Act, shall be covered by this Act;

d) Those used or set aside for parks, reserves for flora and fauna, forests and watersheds, and other areas necessary to maintain ecological balance or environmental protection, as determined and certified to by the proper government agency; and

e) Those actually and primarily used for religious, charitable, or educational purposes, cultural and historical sites, hospitals and health centers, and cemeteries or memorial parks.

The exemptions herein provided shall not apply when the use or purpose of the abovementioned lands has ceased to exist.


ARTICLE III

NATIONAL URBAN DEVELOPMENT AND HOUSING FRAMEWORK

Section 6. Framework for Rational Development. - There shall be a National Urban Development and Housing Framework to be formulated by the Housing and Land Use Regulatory Board under the direction of the Housing and Urban Development Coordinating Council in coordination with all local government units and other concerned public and private sectors within one (1) year from the effectivity of this Act.

The Framework shall refer to the comprehensive plan for urban and urbanizable areas aimed at achieving the objectives of the Program. In the formulation of the framework, a review and rationalization of existing town and land use plans, housing programs, and all other projects and activities of government agencies and the private sector which may substantially affect urban land use patterns, transportation and public utilities, infrastructure, environment and population movements shall be undertaken with the concurrence of the local government units concerned.


ARTICLE IV

LAND USE, INVENTORY, ACQUISITION
AND DISPOSITION

Section 7. Inventory of Lands.– Within one (1) year from the effectivity of this Act, all city and municipal governments shall conduct an inventory of all lands and improvements thereon within there respective localities. The inventory shall include the following:

a) Residential lands;

b) Government-owned lands, whether owned by the National Government or any of its subdivisions, instrumentalities, or agencies, including government-owned or -controlled corporations and their subsidiaries;

c) Unregistered or abandoned and idle lands; and

d) Other lands.

In conducting the inventory, the local government units concerned, in coordination with the Housing and Land Use Regulatory Board and with the assistance of the appropriate government agencies, shall, indicate the type of land use and the degree of land utilization, and other data or information necessary to carry out the purposes of this Act.

For planning purposes, the Housing and Urban Development Coordinating Council shall be furnished by each local government unit a copy of its inventory which shall be updated every three (3) years.

Section 8. Identification of Sites for Socialized Housing. - After the inventory, the local government units, in coordination with the National Housing Authority, the Housing and Land Use Regulatory Board, the National Mapping Resource Information Authority, and the Land Management Bureau, shall identify lands for socialized housing and resettlement areas for the immediate and future needs of the underprivileged and homeless in the urban areas, taking into consideration the degree of availability of basic services and facilities, their accessibility and proximity to job sites and other economic opportunities, and the actual number of registered beneficiaries.

Government-owned lands under paragraph (b) of the preceding section which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of this Act and identified as suitable for socialized housing, shall immediately be transferred to the National Housing Authority subject to the approval of the President of the Philippines or by the local government unit concerned, as the case may be, for proper disposition in accordance with this Act.

Section 9. Priorities in the Acquisition of Land. – Lands for socialized housing shall be acquired in the following order:

a) Those owned by the Government or any of its subdivisions, instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries;

b) Alienable lands of the public domain;

c) Unregistered or abandoned and idle lands;

d) Those within the declared Areas for Priority Development, Zonal Improvement Program sites, and Slum Improvement and Resettlement Program sites which have not yet been acquired;

e) Bagong Lipunan Improvement of Sites and services o BLISS sites which have not yet been acquired; and

f) Privately-owned lands.

Where on-site development is found more practicable and advantageous to the beneficiaries, the priorities mentioned in this section shall not apply. The Local Government Units shall give budgetary priority to on-site development of government lands.

Section 10. Modes of Land Acquisition. - The modes of acquiring lands for purposes of this Act shall include, among others, community mortgage, land swapping, land assembly or consolidation, land banking, donation to the Government, joint-venture agreement, negotiated purchase and expropriation: Provided, However, That expropriation shall be resorted to only when other modes of acquisition have been exhausted. Provided, further, That where expropriation is resorted to, parcels of land owned by small property owners shall be exempted for purposes of this Act: Provided, finally, That abandoned property, as herein defined, shall be reverted and escheated to the State in a proceeding analogous to the procedure laid down in Rule 91 of the Rules of Court.

For the purpose of socialized housing, government-owned and foreclosed properties shall be acquired by the local government units, or by the National Housing Authority primarily through negotiated purchase: Provided, That qualified beneficiaries who are actual occupants of the land shall be given the right of first refusal.

Section 11. Expropriation of Idle Lands. -All idle lands in urban and urbanizable areas, as defined and identified in accordance with this Act, shall be expropriated and shall form part of the public domain. These lands shall be disposed of or utilized by the Government for such purposes that conform with their land use plans. Expropriation proceedings shall be instituted if, after the lapse of one (1) year following receipt of notice of acquisition, the owner fails to introduce improvements as defined in Section 3 (f) hereof, except in the case of force majeure and other fortuitous events. Exempted from this provision, however, are residential lands owned by small property owners or those the ownership of which is subject of a pending litigation.

Section 12. Disposition of Lands for Socialized Housing. – The National Housing Authority, with respect to lands belonging to the National Government, and the local government units with respect to other lands within their respective localities, shall coordinate with each other to formulate and make available various alternative schemes for that disposition of lands to the beneficiaries of the Program. This schemes shall not be limited to those involving transfer of ownership in fee simple but shall include lease, with option to purchase, usufruct or such other variations as the local government units or the National Housing Authority may deem most expedient in carrying out the purposes of this Act.

Consistent with this provision, a scheme for public rental housing may be adopted.

Section 13. Valuation of Lands Socialized Housing. – Equitable land valuation guidelines for socialized housing shall be set by the Department of Finance on the basis of the market value reflected in the zonal valuation, or in its absence, on the latest real property tax declaration.

For sites already occupied by qualified Program beneficiaries, the Department of Finance shall factor into the valuation the blighted status of the land as certified by the local government unit or the National Housing Authority.

Section14. Limitations on the Disposition of Lands for Socialized Housing, No Land for socialized housing, including improvements or rights thereon, shall be sold, alienated, conveyed, encumbered or leased by any beneficiary of this Program except to qualified Program beneficiaries as determined by the government agency concerned.

Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or any right thereon, the transaction shall be null and void. He shall also lose his right to the land, forfeit the total amortization paid thereon, and shall be barred from the benefits under this Act for a period of ten (10) years from the date of violation.

In the event the beneficiary dies before full ownership of the land is vested on him, transfer to his heirs shall take place only upon their assumption of his outstanding obligations. In case of failure by the heirs to assume such obligations, the land shall revert to the Government for disposition in accordance with this Act.


ARTICLE V

SOCIALIZED HOUSING

Section 15. Policy. – Socialized housing, as defined in Section 3 hereof, shall be the primary strategy in providing shelter for the underprivileged and homeless. However, if the tenurial arrangement in a particular socialized housing program is in the nature of leasehold or usufruct, the same shall be transitory and the beneficiaries must be encouraged to become independent from the Program within a given period of time, to be determined by the implementing agency concerned.

Section 16. Eligibility Criteria for Socialized Housing Program Beneficiaries. – To qualify for the socialized housing program, a beneficiary:

a) Must be a Filipino citizen;

b) Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act;

c) Must not own any real property whether in the urban or rural areas; and

d) Must not be a professional squatter or a member of squatting syndicates.

Section 17. Registration of Socialized Housing Beneficiaries. - The Housing and Urban Development Coordinating Council, in coordination with the local government units, shall design a system for the registration of qualified Program beneficiaries in accordance with the Framework. The local government units, within one (1) year from the effectivity of this Act, shall identify and register all beneficiaries within their respective localities.

Section 18. Balanced Housing Development. – The Program shall include a system to be specified in the Framework plan whereby developers of proposed subdivision projects shall be required to develop an area for socialized housing equivalent to at least twenty percent (20%) of the total subdivision area or total subdivision project cost, at the option of the developer, within the same city or municipality, whenever feasible, and in accordance with the standard set by the Housing and Land Use Regulatory Board and other existing laws. The balanced housing development as herein required may also be complied with by the developers concerned in any of the following manner:

a) Development of new settlement;

b) Slum upgrading or renewal of areas for priority development either through zonal improvement programs or slum improvement and resettlement programs;

c) Joint-venture projects with either the local government units or any of the housing agencies; or

d) Participation in the community mortgage program.

Section 19. Incentives for the National Housing Authority. The National Housing Authority, being the primary government agency in charge of providing housing for the underprivileged and homeless, shall be exempted from the payment of all fees and charges of any kind, whether local or national, such as income and real taxes. All documents or contracts executed by and in favor of the National Housing Authority shall also be exempt from the payment of documentary stamp tax and registration fees, including fees required for the issuance of transfer certificates of titles.

Section 20. Incentives for Private Sector Participating in Socialized Housing. - To encourage greater private sector participation in socialized housing and further
reduce the cost of housing units for the benefit of the underprivileged and homeless, the following incentives shall be extended to private sector:

a) Reduction and simplification of qualification and accreditation requirements for participating private developers;

b) Creation of one-stop offices in the different regions of the country for the processing, approval and issuance of clearances, permits and licenses: Provided, That clearances, permits and licenses shall be issued within ninety (90) days from the date of submission of all requirements by the participating private developers;

c) Simplification of financing procedures; and

d) Exemption form the payment of the following:

1) Project-related income taxes;

2) Capital gains tax on raw lands used for the projects;

3) Value-added tax from the project contractor concerned;

4) Transfer tax for both raw and completed projects; and

5) Donor’s tax for lands certified by the local government units to have been donated for socialized housing purposes.

Provided, That upon application for exemption, alien on the title of the land shall be annotated by the Register of Deeds: Provided, further, That socialized housing development plan has already been approved by the appropriate government agencies concerned: Provided, finally, That all the savings acquired by virtue of this provision shall accrue in favor of the beneficiaries subject to the implementing guidelines to be issued by the Housing and Urban Development Coordinating Council.

Appropriate implementing guidelines shall be prepared by the Department of Finance, in consultation with the Housing and Urban Development Coordinating Council, for the proper implementation of the tax exemption mentioned in this section within one (1) year after the approval of this Act.

Property owners who voluntarily provide resettlement sites to illegal occupants of their lands shall be entitled to a tax credit equivalent to the actual non-recoverable expenses incurred in the resettlement, subject to the implementing guidelines jointly issued by the Housing and Urban Development Coordinating Council and the Department of Finance.

Section 21. Basic Services. – Socialized housing and resettlement areas shall be provided by the local government unit or the National Housing Authority in cooperation with the private developers and concerned agencies with the following basic services and facilities:

a) Potable water;

b) Power and electricity and an adequate power distribution system;

c) Sewerage facilities and an efficient and adequate solid waste disposal system; and

d) Access to primary roads and transportation facilities.

The provision of other basic services and facilities such as health, education, communications, security, recreation, relief and welfare shall be planned and shall be given priority for implementation by the local government unit and concerned agencies in cooperation with the private sector and the beneficiaries themselves.
The local government unit, in coordination with the concerned national agencies, shall ensure that these basic services are provided at the most cost-efficient rates, and shall set a mechanism to coordinate operationally the thrusts, objectives and activities of other government agencies concerned with providing basic services to housing projects.

Section 22. Livelihood Component. – To the extent feasible, socialized housing and resettlement projects shall be located near areas where employment opportunities are accessible. The government agencies dealing with the development of livelihood programs and grant of livelihood loans shall give priority to the beneficiaries of the Program.

Section 23. Participation of Beneficiaries. - The local government units, in coordination with the Presidential Commission for the Urban Poor and concerned government agencies, shall afford Program beneficiaries or their duly designated representatives an opportunity to be heard and to participate in the decision- making process over matters involving the protection and promotion of their legitimate collective interests which shall include appropriate documentation and feedback mechanisms. They shall also be encouraged to organized themselves and undertake self-help cooperative housing and other livelihood activities. They shall assist the Government in preventing incursions of professional squatters and members of squatting syndicates in to their communities.

In instances when the affected beneficiaries have failed to organize themselves or form an alliance within a reasonable period prior to the implementation of the program or projects affecting them, consultation between the implementing agency and the affected beneficiaries shall be conducted with the assistance of the Presidential Commission for the Urban Poor and the concerned nongovernment organization.

Section24. Consultation with Private Sector. - Opportunities for adequate consultation shall be accorded to the private sector involved in socialized housing project pursuant to this Act.


ARTICLE VI

AREAS FOR PRIORITY DEVELOPMENT, ZONAL IMPROVEMENT PROGRAM, SITES AND SLUM IMPROVEMENT AND RESETTLEMENT PROGRAM SITES

Section 25. Benefits. - In addition to the benefits provided under existing laws and other related issuances to occupants of areas for priority development, zonal improvement program sites and slum improvement and resettlement program sites, such occupants shall be entitled to priority in all government projects initiated pursuant to this Act. They shall also be entitled to the following support services:

a) Land surveys and titling at minimal cost;

b) Liberalized terms on credit facilities and housing loans and one hundred percent (100%) deduction from every homebuyer’s gross income tax of all interest payments made on documented loans incurred for the construction or purchase of the homebuyer’s house;

c) Exemption from the payment of documentary stamp tax, registration fees, and other fees for the issuance of transfer certificate of titles;

d) Basic services as provided for in Section 21 of this Act; and

e) Such other benefits that may arise from the implementation of this Act.


ARTICLE VII

URBAN RENEWAL AND RESETTLEMENT

Section 26. Urban Renewal and Resettlement. – This shall include the rehabilitation and development of blighted and slum areas and the resettlement of Program beneficiaries in accordance with the provision of this Act. On-site development shall be implemented whenever possible in order to ensure minimum movement of occupants of blighted lands and slum areas. The resettlement of the beneficiaries of the Program from their existing places of occupancy shall be undertaken only when on-site development is not feasible and after compliance with the procedure laid down in Section 28 of this Act.

Section 27. Action Against Professional Squatters and Squatting Syndicates. – The local government units, in cooperation with the Philippine National Police, the Presidential Commission for the Urban Poor (PCUP), and the PCUP-accredited urban poor organization in the area, shall adopt measures to identify and effectively curtail the nefarious and illegal activities of professional squatters and squatting syndicates, as herein defined.

Any person or group identified as such shall be summarily evicted and their dwelling structures demolished, and shall be disqualified to avail of the benefits of the Program. A public official who tolerates or abets the commission of the abovementioned acts shall be dealt with in accordance with existing laws.

For purposes of this Act, professional squatters or members of squatting syndicates shall be imposed the penalty of six (6) years imprisonment or a fine of not less than Sixty thousand pesos (P60,000) but not more than One hundred thousand pesos (P100,000), or both, at the discretion of the court.

Section 28. Eviction and Demolition. Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations:

(a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds;

(b) When government infrastructure projects with available funding are about to be implemented; or

(c) When there is a court order for eviction and demolition.

In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory:

(1) Notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction or demolition;

(2) Adequate consultations on the matter of resettlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;

(3) Presence of local government officials or their representatives during eviction or demolition;
(4) Proper identification of all persons taking part in the demolition;

(5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;

(6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials;

(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and

(8) Adequate relocation, whether temporary or permanent; Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned.

The Department of Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision.

Section 29. Resettlement. – Within two (2) years from the effectivity of this Act, the local government units, in coordination with the National Housing Authority, shall implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks shorelines, waterways, and in other public places such as sidewalks, roads, parks and playgrounds. The local government units, in coordination with the National Housing Authority, shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families.

Section 30. Prohibition Against New Illegal Structures. – It shall be unlawful for any person to construct any structure in areas mentioned in the preceding section.

After the effectivity of this Act, the barangay, municipal or city government units shall prevent the construction of any kind or illegal dwelling units or structures within their respective localities. The head of any local government unit concerned who allows, abets or otherwise tolerates the construction of any structure in violation of this section shall be liable to administrative sanctions under existing laws and to penal sanctions provided for in this Act.


ARTICLE VIII

COMMUNITY MORTGAGE PROGRAM

Section 31. Definition. – The Community Mortgage Program (CMP) is a mortgage financing program of the National Home Mortgage Finance Corporation which assists legally organized associations of underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership. The primary objective of the program is to assist residents of blighted or depressed areas to own the lots they occupy, or where they choose to relocate to, and eventually improve their neighborhood and homes to the extent of their affordability.

Section 32. Incentives. – To encourage its wider implementation, participants in the CMP shall be granted with the following privileges or incentives:
(a) Government-owned or -controlled corporations and local government units, may disposed of their idle lands suitable for socialized housing under the CMP through negotiated sale at prices based on acquisition cost plus financial carrying costs;

(b) Properties sold under the CMP shall be exempted from the capital gains tax; and

(c) Beneficiaries under the CMP shall not be evicted nor dispossessed of their lands or improvements unless they have incurred arrearages in payments of amortizations for three (3) months.

Section 33. Organization of Beneficiaries. – Beneficiaries of the Program shall be responsible for their organization into associations to manage their subdivisions or places of residence, to secure housing loans under existing Community Mortgage Program and such other projects beneficial to them. Subject to such rules and regulations to be promulgated by the National Home Mortgage Finance Corporation, associations organized pursuant to this Act may collectivity acquire and own lands covered by this Program. Where the beneficiaries fail to form an association by and among themselves, the National Home Mortgage Finance Corporation shall initiate the organization of the same in coordination with the Presidential Commission for the Urban Poor and the local government units concerned. No person who is not a bona fide resident of the area shall be a member or officer of such association.


ARTICLE IX

RELATED STRATEGIES

Section 34. Promotion of Indigenous Housing Materials and Technologies. – The local government units, in cooperation with the National Housing Authority, Technology and Livelihood Resource Center, and other concerned agencies, shall promote the production and use of indigenous, alternative, and low-cost construction materials and technologies for socialized housing.

Section 35. Transport System. – The local government units, in coordination with the Departments of Transportation and Communications, Budget and Management, Trade and Industry, Finance, and Public Works and Highways, the Home Insurance Guaranty Corporation, and other concerned government agencies, shall device a set of mechanisms including incentives to the private sector so that a viable transport system shall evolve and develop in the urban areas. It shall also formulate standards designed to attain these objectives:
(a) Smooth flow of traffic;

(b) Safety and convenience of travel;

(c) Minimum use of land space;

(d) Minimum damage to the physical environment; and

(e) Adequate and efficient transport service to the people and goods at minimum cost.

Section 36. Ecological Balance. – The local government units shall coordinate with the Department of Environment and Natural Resources in taking measures that will plan and regulate urban activities for the conservation and protection of vital, unique and sensitive ecosystems, scenic landscapes, cultural sites and other similar resource areas.

To make the implementation of this function more effective, the active participation of the citizenry in environmental rehabilitation and in decision-making process shall be promoted and encouraged. The local government units shall recommend to the Environmental and Management Bureau the immediate closure of factories, mines and transport companies which are found to be causing massive pollution.

Section 37. Population Movements. -The local government units shall set up an effective mechanism, together with the appropriate agencies like the Population Commission, the National Economic and Development Authority and the National Statistics Office, to monitor trends in the movements of population from rural to urban, urban to urban, and urban to rural areas. They shall identify measures by which such movements can be influenced to achieve balance between urban capabilities and population, to direct appropriate segments of the population into areas where they can have access to opportunities to improve their lives and to contribute to national growth and recommend proposed legislation to Congress, if necessary.
The Population Commission, The National Economic and Development Authority, and the National Statistics Office shall likewise provide advanced planning information to national and local government planners on population projections and the consequent level of services needed in particular urban and urbanizable areas. This service will include early-warning systems on expected dysfunctions in a particular urban area due to population increases, decreases, and age structure changes.

Section 38. Urban-rural Interdependence. – To minimize rural to urban migration and pursue urban decentralization, the local government units shall coordinate with the National Economic and Development Authority and other government agencies in the formulation of national development programs that will stimulate economic growth and promote socioeconomic development in the countryside.


ARTICLE X

PROGRAM IMPLEMENTATION

Section 39. Role of Local Government Units. – The local government units shall be charged with the implementation of this Act in their respective localities, in coordination with the Housing and Urban Development Coordinating Council, the national housing agencies, the Presidential Commission for the Urban Poor, the private sector and other nongovernment organizations.

They shall prepare a comprehensive land use plan for their respective localities in accordance with the provisions of this Act.

Section 40. Role of Government Housing Agencies. – In addition to their respective existing powers and functions, and those provided for in this Act, the hereunder mentioned housing agencies shall perform the following:

(a) The Housing and Urban Development Coordinating Council shall, through the key housing agencies, provide local government units with necessary support such as:

(1) Formulation of standards and guidelines as well as providing technical support in the preparation of town and land use plans;

(2) In coordination with the National Economic and Development Authority and the National Statistics Office, provide data and information for forward-planning by the local government units in their areas, particularly on projections as to the population and development trends in their localities and the corresponding investment programs needed to provide appropriate types and levels of infrastructure, utilities, services and land use patterns; and

(3) Assistance in obtaining funds and other resources needed in the urban development and housing programs in their areas of responsibility.

(b) The National Housing Authority, upon request of local government units, shall provide technical and other forms of assistance in the implementation of their respective urban development and housing programs with the objective of augmenting and enhancing local government capabilities in the provision of housing benefits to their constituents;

(c) The National Home Mortgage Finance Corporation shall administer the Community Mortgage Program under this Act and promulgate rules and regulations necessary to carry out the provisions of this Act; and

(d) The Home Insurance Guaranty Corporation shall design an appropriate guarantee scheme to encourage financial institutions to go into direct lending for housing.

Section 41. Annual Report. – The Housing and Urban Development Coordinating Council and the local government units shall submit a detailed annual report with respect to the implementation of this Act to the President and the Congress of the Republic of the Philippines.


ARTICLE XI

FUNDING

Section 42. Funding. – Funds for the urban development and housing program shall come from the following sources:

(a) A minimum of fifty percent (50%) from the annual net income of the Public Estates Authority, to be used by the National Housing Authority to carry out its programs of land acquisition for resettlement purposes under this Act;

(b) Proceeds from the disposition of ill-gotten wealth, not otherwise previously set aside for any other purpose, shall be applied to the implementation of this Act and shall be administered by the National Home Mortgage Finance Corporation;

(c) Loans, grants, bequests and donations, whether from local or foreign sources;

(d) Flotation of bonds, subject to the guidelines to be set by the Monetary Board;

(e) Proceeds from the social housing tax and, subject to the concurrence of the local government units concerned, idle lands tax as provided in Section 236 of the Local Government Code of 1991 and other existing laws;

(f) Proceeds from the sale or disposition of alienable public lands in urban areas; and

(g) Domestic and foreign investment or financing through appropriate arrangements like the build-operate-and-transfer scheme.

Section 43. Socialized Housing Tax. Consistent with the constitutional principle that the ownership and enjoyment of property bear a social function and to raise funds for the Program, all local government units are hereby authorized to impose an additional one-half percent (0.5%) tax on the assessed value of all lands in urban areas in excess of Fifty thousand pesos (P50,000).


ARTICLE XII

TRANSITORY PROVISIONS

Section 44. Moratorium on Eviction and Demolition. – There shall be a moratorium on the eviction of all programs beneficiaries and on the demolition of their houses or dwelling units for a period of three (3) years from the effectivity of this Act: Provided, That the moratorium shall not apply to those persons who have constructed their structures after the effectivity of this Act and for cases enumerated in Section 28 hereof.


ARTICLE XIII

COMMON PROVISIONS

Section 45. Penalty Clause. – Any person who violates any provision of this Act shall be imposed the penalty of not more than six (6) years of imprisonment or a fine of not less than Five thousand pesos (P5,000) but not more than One hundred thousand pesos (P100,000), or both, at the discretion of the court: Provided, That, if the offender is a corporation, partnership, association or other juridical entity, the penalty shall be imposed on the officer or officers of said corporation, partnership, association or juridical entity who caused the violation.

Section 46. Appropriations. – The amount necessary to carry out the purposes of this Act shall be included in the annual budget of implementing agencies in the General Appropriations Act of the year following its enactment into law and every year thereafter.

Section 47. Separability Clause. – If for any reason, any provision of this Act is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue to be in full force and effect.

Section 48. Repealing Clause. – All laws, decrees, executive orders, proclamations, rules and regulations, and other issuances, or parts thereof which are inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.


Section 49. Effectivity Clause. – This Act shall take effect upon its publication in at least two (2) national newspapers of general circulation.


Approved:


(Sgd.) NEPTALI A. GONZALES
President of the Senate


(Sgd.) RAMON V. MITRA
Speaker of the House of Representatives


This Act which is a consolidation of House Bill No. 34310 and Senate Bill No. 234 was finally passed by the House of Representatives and the Senate on February 3, 1992.


(Sgd.) ANACLETO D. BADOY, JR.
Secretary of the Senate

(Sgd.) CAMILO L. SABIO
Secretary General House of Representatives


Approved. March 24, 1992


(Sgd.) CORAZON C. AQUINO
President of the Philippines

Programs

ACCESS TO LAND AND HOUSING
This includes assistance given to families in identifying, acquiring, and occupying lands, as well as housing programs and projects.

CONSULTATION
The focus is on quality consultations with urban poor communities to surface and validate vital issues and needs, and formulate corresponding policy recommendations. This includes continuous dialogues with urban poor organizations, government and non-government agencies, and the private sector to promote a greater understanding of urban poverty and gain a concerted effort in the fight against poverty.

POLICY REVIEW AND RECOMMENDATION
This involves review of existing legislation, policies and programs of the government relating to the urban poor, especially shelter-related ones, and formulate recommendations thereto. Advocacy towards the implementation and passage of urban poor related policies and legislation is a component of this program.

MONITORING AND EVALUATION
This program includes monitoring urban poor issues and concerns raised by the sector and acted upon by concened agencies; demolition/eviction and other shelter-related cases monitored, facilitated and evaluated; and the implementation and sustainability of urban land reform.

LINKAGES AND RESOURCE GENERATION
This program intends to enhance the capacity of the urban poor in accessing pro-poor programs and services (credit, financial, technical) from a wider range of stakeholders (LGU/GO/NGO/NGA/PO) and other entities involved in the delivery of services to the poor.

INFORMATION MANAGEMENT
This includes preparation of knowledge products on government policies, programs, services and urban poor data for dissemination to the urban poor, government agencies, non-government agencies, the private sector, media and interested individuals.

PARTICIPATION MECHANISMS
This involves a more effective accreditation system to support the development of urban poor organizations and heighten their capability to participate in special bodies and events.

Executive Order No. 456

MALACAÑANG

Manila

BY THE PRESIDENT OF THE PHILIPPINES


EXECUTIVE ORDER NO. 456

RENAMING THE DEPARTMENT OF LAND REFORM BACK TO DEPARTMENT OF AGRARIAN REFORM

WHEREAS, Executive Order No. 364 dated 27 September 2004 transformed the Department of Agrarian Reform in the Department of Land Reform;

WHEREAS, Republic Act No. 6657 otherwise known as the Comprehensive Agrarian Reform Law defines agrarian reform as the redistribution of lands, regardless of crops or fruits produced, to farmers and regular farm workers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to physical redistribution of lands, such as production or profit sharing, labor administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work;

WHEREAS, the Comprehensive Agrarian Reform Law goes beyond just land reform but includes the totality of all factors and support services designed to lift the economic status of the beneficiaries;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. The Department of Land Reform is hereby renamed as the Department of Agrarian Reform.

SEC. 2. All orders, rules, regulations and issuances or parts thereof, which are inconsistent with this Executive Order are hereby repealed or modified accordingly.

SEC. 3. This Executive Order shall take effect immediately.


Done in the City of Manila, this 23rd day of August, in the Year of Our Lord Two Thousand and Five.


(Sgd.) GLORIA MACAPAGAL - ARROYO

By the President:

(Sgd.) EDUARDO R. ERMITA
Executive Secretary

Executive Order No. 364

Manila

BY THE PRESIDENT OF THE PHILIPINES


EXECUTIVE ORDER NO. 364

TRANSFORMING THE DEPARTMENT OF AGRARIAN REFORM INTO THE DEPARTMENT OF LAND REFORM

WHEREAS, one of the five reform packages of the Arroyo administration is Social Justice and Basic needs:

WHEREAS, one of the five anti-poverty measures for social justice is asset reform;

WHEREAS, asset reforms covers agrarian reform, urban land reform, and ancestral domain reform;

WHEREAS, urban land reform is a concern of the Presidential Commission on the Urban Poor (PCUP) and ancestral domain reform is a concern of the National Commission on Indigenous People’s (NCIP);

WHEREAS, another of the five reform packages of the Arroyo administration is Anti-Corruption and Good Government;

WHEREAS, one of the Good Government reforms of the Arroyo Administration is rationalizing the bureaucracy by consolidating related functions into one department;

WHEREAS, under law and jurisprudence, the President of the Philippines has broad powers to reorganize the offices under her supervision and control;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. The Department of Agrarian Reform is hereby transformed into the Department of Land Reform. It shall be responsible for all land reform in the country, including agrarian reform, urban land reform, and ancestral domain reform.

SECTION 2. The PCUP is hereby placed under the supervision and control of the Department of Land Reform. The Chairman of the PCUP shall be ex-officio Undersecretary of the Department of Land Reform for Urban Land Reform.

SECTION 3. The NCIP is hereby placed under the supervision and control of the Department of Land Reform. The Chairman of the NCIP shall be ex-officio Undersecretary of the Department of Land Reform for Ancestral Domain Reform.

SECTION 4. The PCUP and the NCIP shall have access to the services provided by the Department’s Finance, Management and Administrative Office; Policy, Planning and Legal Affairs Office, Field Operations and Support Services Office, and all other offices of the Department of Land Reform.

SECTION 5. All previous issuances that conflict with this Executive Order are hereby repealed or modified accordingly.

SECTION 6. This Executive Order takes effect immediately.


Manila, 27 September 2004


(Sgd.) GLORIA MACAPAGAL-ARROYO


By the President:


(Sgd.) EDUARDO R. ERMITA
Executive Secretary