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LAWS AND EXECUTIVE ISSUANCES

REPUBLIC ACTS
• Republic Act No 11201: Department of Human Settlements and
Urban Development Act
• IRR RA 11201
• Republic Act No. 9653: Rent Control Act (2009)
• Republic Act No. 9507: Socialized and Low-Cost Housing Loan
Restructuring and Condonation Act (2008)
• IRR RA 9507
• Republic Act No. 9397: Disposition of Lands for Socialized
Housing (2006)
• Republic Act No. 9341: The Rent Control Act (2005)
• Republic Act No. 8501: Penalty Condonation (1998)
• Republic Act No. 8368: Repeal of Presidential Decree No.
772 (1997)
• Republic Act No. 8437: Rent Control Law (1997)
• Republic Act No. 7835: CISFA (1994)
• Republic Act No. 7279: Urban Development and Housing Act (1992)

Implementing Rules and Regulations of R.A. No. 7279 (Summary


Eviction):

• Acquisition, Valuation and Disposition of Lands

To enable the equitable utilization of residential lands in urbanizable


areas with particular attention to the needs of the underprivileged and
homeless and not merely on the basis of market forces, several provisions
in RA 7279 address Acquisition Priorities in Land Acquisition (Section 9),
Modes of Land Acquisition (Section 10), Disposition (Section 12), and
Valuation (Section 13) of lands for Socialized Housing.

Valuation of Lands for Socialized Housing


Specific to the valuation of lands for socialized housing (Section 13) the
Department of Finance issued the following Local Finance Circulars:

• DOF Local Finance Circular 3 92


• DOF Local Finance Circular 1 97
• Balanced Housing Development (20 Percent Requirement)

Balanced Housing Development Requirement


To further increase the low-cost housing stock available to
underprivileged families and homebuyers, Section 18 of Republic Act No.
7279 (Balanced Housing Development) was amended to include the
residential condominium projects in complying with the balanced housing
requirement.

Section 18 of RA 7279, as amended by Republic Act No. 10884,


requires that owners and/or developers of proposed subdivision and
condominium projects develop an area for socialized housing, at the option
of the developer, equivalent to:

• At least fifteen percent (15%) of the total subdivision area or


subdivision project cost
• At least five percent (5%) of condominium area or project cost.

The balanced housing requirement should be accomplished within the


same city or municipality, whenever feasible, and in accordance with the
standards set by the Housing and Land Use Regulatory Board (HLURB)
and other existing laws.

Read more: Briefer on RA 10884

• Beneficiary Registration

Section 17 (Registration of Socialized Housing Beneficiaries)


mandates the local government units to identify and register all
beneficiaries within their respective localities.
• Inventory of Lands

Section 7 (Inventory of Lands) directs all city and municipal


governments to conduct an inventory of all lands and improvements in their
respective localities to identify residential lands, government lands,
unregistered or abandoned and idle lands, and other lands. This inventory
shall be updated every three years.

• DOF Local Finance Circular 1 97

Incentives for the Private Sector


Section 20 (Incentives for the Private Sector) seeks to encourage
greater private sector participation through the reduction and simplification
of requirements, and provision of exemptions in the payment of specific
taxes.

• DOF Local Finance Circular 1 97


• Proper and Humane Relocation Procedures

In Section 28 eviction and demolition, as a practice, shall be


discouraged but will be allowed under specific situations: when persons or
entities occupy danger areas and other public places; when government
infrastructure projects are about to be implemented; or when there is a
court order for eviction and demolition. The conduct of eviction or
demolition orders shall be covered by specific procedures.

Socialized Housing Tax


Section 43 authorizes local government units to impose an
additional one-half (0.5%) tax on the assessed value of all lands in urban
areas in excess of Fifty thousand pesos.

• DOF Local Finance Circular 1 97

Summary Eviction
Summary Eviction is authorized for those who have constructed
their structures after the effectivity of RA 7279 (Section 44) and for any
person or group identified as professional squatter and squatting
syndicated (Section 27) . Moreover Section 30 paragraph (2) provides,
"After the effectivity of this Act, the barangay, municipal or city government
units shall prevent the construction of any kind of illegal dwelling units or
structures within their respective localities."

• Implementing Rules And Regulations Governing Summary Eviction

EXECUTIVE ORDERS
• Executive Order No. 272: Authorizing the Creation of the Social
Housing Finance Corporation and Directing the transfer of the
Community Mortgage Program, Abot-Kaya Pabahay Fund Program,
and other social Housing Powers and Functions of the National Home
Mortgage Finance Corporation to the Social Housing Finance
Corporation (2004)

• Executive Order No. 105: Approving and Directing the


Implementation of the Program for "Provision of
Group Home/Foster home for Neglected, Abandoned, Abused,
Detached and Poor Older Persons and Persons with
Disabilities" (2002)

• Executive Order No. 20: Reaffirming Mass Housing as a Centerpiece


Program in the Poverty Alleviation efforts of the Government and
further strengthening the Housing and Urban Development
Coordinating Council (2001)

• Executive Order No. 258: Prescribing Time Standards in the


Issuance of Permits for Housing Projects (2000)
• Executive Order No. 45: Prescribing Time Periods for Issuance of
Housing Related Certifications, Clearances and Permits, and
Imposing Sanctions for Failure to Observe the Same (2001)
• IRR EO 45

• Executive Order No. 159: Declaring Mass Housing as Centerpiece


Program of the Estrada Administration and Constituting the
Presidential commision for Mass Housing (1999)

• Executive Order No. 170: Establishing the Revolving Funds for


Housing Projects of Local Government Units (1999)
• Executive Order No. 71: Devolving the Powers of the Housing and
Land use Regulatory Board to approve Subdivision plans to Cities
and Municipalities pursuant to R.A. no. 7160, otherwise known as the
Local Government Code of 1991 (1993)

• Executive Order No. 72: Providing for the Preparation and


Implementation of Comprehensive Land Use Plans of LOcal
Government Units Pursuant to the Local Government Code of 1991
and other Pertinent Laws (1993)

• Executive Order No. 129: Establishing an Institutional mechanism to


Curtailment of the Activities of the Professional Squatting Syndicates
and Professional Squatters and Intensifying the drive against
them (1993)

• Executive Order No. 357: Strengthening the Existing Coordinating


Mechanism of the National Shelter Program of the Government
Under Executive Order No. 90, Dated December 17, 1986 (1989)

• Executive Order No. 90: Identifying the Government Agencies


Essential for the National shelter program and defineing their
mandates, creating the Housing and Urban Development
Coordinating Council, Rationalizing funding sources and lending
mechanisms for home mortgages and for other purposes (1986)

ADMINISTRATIVE ORDER
• Administrative Order No. 44 - Streamlining the process of issuances
of Permits, Certifications, Clearances and Licenses for Housing and
Resettlement Projects in Yolanda-Affected areas, Directing all
Government Agencies concerned to observe the same and Imposing
Sanctions for Non-Compliance.

MEMORANDUM CIRCULAR
• Memorandum Circular No. 87, Series of 2015 - Directing all National
Government Agencies and Instrumentalities, including Government-
Owned or Controlled Corporations, to Submit an Inventory of their
respective Idle Lands, and Creating an Inter-Agency Task Force to
identity Lands, and sites for Socialized Housing

• Memorandum Circular No. 112, Series of 2006 - Housing Fair for


employees in the public sector

PROCLAMATION
• Proclamation No. 662: Declaring the Month of October as the
National Shelter Month (1995)

PRESIDENTIAL DECREE
• Presidential Decree No. 957: Regulating the Sale of Subdivision Lots
and Condominiums, Providing Penalties for Violation Thereof (1976)
• IRR PD 957

ANTI-GRAFT AND CORRUPTION LAWS:


REPUBLIC ACTS
• Republic Act No. 1379: An Act Declaring Forfeiture in Favor of the
State Any Property Found to Have Been Unlawfully Acquired by Any
Public Officer or Employee and Providing for the Proceedings
Therefor (1955)

• Republic Act No. 3019: Anti-graft and Corrupt Practices Act (1960)

• Republic Act No. 7080: An Act Defining and Penalizing the Crime of
Plunder (1991)

• Republic Act No. 9160: An Act Defining the Crime


of MONEY Laundering, Providing Penalties Therefor and for Other
Purposes (2001)
• Republic Act No. 9194: An Act Amending Republic Act No. 9160,
Otherwise Known as the “Anti-Money Laundering Act of 2001” (2003)

• Republic Act No. 9485: An Act to Improve Efficiency in the Delivery


of Government Service to the Public by Reducing Bureaucratic Red
Tape, Preventing Graft and Corruption, and Providing Penalties
Therefor (2007)

• Republic Act No. 6770: The Ombudsman Act of 1989 (1989)

• Republic Act No. 6713: Code of Conduct and Ethical Standards for
Public Officials and Employees (1989)\

• Republic Act No. 9184: Government Procurement Reform Act (2002)

• Republic Act No. 8368: Anti-Squatting Law Repeal Act of


1997 (1997)

PRESIDENTIAL DECREES
• Presidential Act No. 46: Making It Punishable for Public Officials and
Employees to Receive, and for Private Persons to Give, Gifts on Any
Occasion, Including Christmas (1972)

• Presidential Decree No. 749: Granting Immunity from Prosecution to


Givers of Bribes and Other Gifts and to Their Accomplices in Bribery
and Other Graft Cases Against Public Officers (1975)

• Presidential Decree No. 1606, as amended by Republic Act No. 7975


and Republic Act No. 8249: Revising Presidential Decree No. 1486
Creating a Special Court to be Known as “Sandiganbayan” and for
Other Purposes

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