Republic of the Philippines

Province of Misamis Oriental

CITY OF EL SALVADOR
SP Excerpt– October 16, 2018 Page 1 of 9 Pages
-oOo-
OFFICE OF THE SANGGUNIANG PANLUNGSOD
EXCERPT FROM THE MINUTES OF THE SANGGUNIANG PANLUNGSOD 38th REGULAR SESSION
OF THE CITYOF EL SALVADOR, PROVINCE OF MISAMIS ORIENTAL HELD ON OCTOBER 16,
2018 AT THE NEW SP SESSION HALL, 2nd FLOOR NEGOSYO CENTER BUILDING.

Present: Hon. Eduardo A. Ayunting City Vice Mayor

Hon. Mark William U. Tan City Councilor
Hon. Nilo T. Pates City Councilor
Hon. Felipe R. Lim, Jr. City Councilor
Hon. John Marc T. Noble City Councilor
Hon. Narving R. Jaudian City Councilor
Hon. Felipe O. Clarin City Councilor
Hon. Leopacita C. Macarandan City Councilor – Late
Hon. Asuncion C. Yamaro City Councilor
Hon. Erwin N. Magriña City Councilor
Hon. Aida T. Noble City Councilor
Hon. Elizabeth C. Amahan SK Federation President
Hon. Felipe B. Cuaresma LigaS ng mga Barangay President

RESOLUTION NO. 219-S. 2018

“RESOLUTION TO PASS AN ORDINANCE CREATING THE CITY OF EL SALVADOR

HOUSING BOARD (CESHB), CITY OF EL SALVADOR, PROVINCE OF MISAMIS
ORIENTAL, PROVIDING ITS POWERS, DUTIES AND FUNCTIONS.”

WHEREAS, Section 9, Article XIII of 1987 Constitution provides that the State
shall by law, and for the common good undertake, in cooperation with the private sector,
continuing program of urban land reform and housing which will make available at
affordable cost decent housing and basic services to underprivileged and homeless citizens in
urban centers and resettlement areas;

WHEREAS, Section 17, Republic Act 7160, provides that LGUs shall endeavor to be
self-reliant and shall continue exercising the powers and discharging the duties and functions
currently vested upon them.xxx as are necessary, appropriate or incidental to efficient and
effective provision of basic services and facilities enumerated herein xxx (viii) Programs and
projects for low-cost housing and other mass dwelling, except those funded by the SSS, GSIS
and the HMDF; Provided that national funds for these programs and projects shall be equitably
allocated among the regions in proportion to the ration of the homeless to the population xxx);

WHEREAS, RA Act 9435 otherwise known as the Charter of the City of El Salvador.
The SangguniangPanlungsod, as the legislative body of the City, shall enact Ordinances,
approve resolutions and appropriate funds for the general welfare of the City and its
inhabitants pursuant to Section 16 of the Local Government Code and in the proper exercise of
the corporate powers of the City as provided under Section 22 of the Local Government Code,
and shall (1) Approve Ordinances and pass resolutions necessary for an efficient and effective
City Government xxx;
SP Excerpt– October 16, 2018 Page 2 of 9 Pages

WHEREAS, Republic Act 7279, provides for a decent shelter to the underprivileged and
homeless citizens in urban areas and resettlement areas whose lives are generally marked by
economic insecurities and whose occupancy on the land is uncertain;

WHEREAS, the necessity of constituting the City of El Salvador Housing Board shall be
created to conform with the guidelines of the Department of the Interior and Local
Government-DILG Memorandum Circular No. 2008-143;

WHEREAS, the City Government of El Salvador needs to undertake steps to implement

housing-related laws and orchestrate the various activities of government housing agencies by
creating a consultative and advisory body whose main functions shall focus on the shelter-
related programs of the City;

WHEREAS, the local government of El Salvador City recognizes the significance of

creating the Local Housing Board in tasking the formulation of policies relative to shelter and
different housing programs of the City in pursuance to the Local Shelter Plan.

NOW THEREFORE, after due deliberation on the Matter and on Motion of Hon. Felipe
O. Clarin duly Jointly Seconded by Hons. Leopacita C. Macarandan, Nilo T. Pates and Mark
William U Tan, it was

Be it now Ordained by the SangguniangPanlungsodin session assembled, that:

ORDINANCE NO. 17-S. 2018

Author : Hon. Felipe O. Clarin

“ORDINANCE CREATING THE CITY OF EL SALVADOR HOUSING BOARD, CITY

OF EL SALVADOR, PROVINCE OF MISAMIS ORIENTAL, PROVIDING ITS
POWERS, DUTIES AND FUNCTIONS.”

Section 1. Declaration of Policy. There shall be established a Local Housing Board

(LHB) which shall serve as a policy-making body of the socialized housing program and shelter
policy of the City also known as the City of El Salvador Housing Board (CESHB).

Section 2.Definition of Terms. As used in this Ordinance, the following terms are
hereby defined as follows:
2.1 Houses – refer to any structure used principally for the purpose of dwelling.
2.2 Socialized Housing – refers to housing programs and projects covering houses and
lots or homelots undertaken either by the government or private institutions and/or civil society
organizations in collaboration or partnerships with the local and national governments
benefiting the underprivileged and homeless citizens which shall include sites and services
development or provision of sufficient and accessible urban utilities, appropriate housing
finance, and other benefits in accordance with the provisions of this Ordinance.
2.3 Security of Tenure – refers to the degree of protection afforded to qualified
beneficiaries against infringement or unjust, unreasonable and arbitrary eviction or disposition,
by virtue of the right of ownership (both collective and individual), lease agreement, homelot
rental or housing rental, and other contractual arrangements.
SP Excerpt– October 16, 2018 Page 3 of 9 Pages

2.4 Resettlement Sites – refer to any land or area wherein all qualified informal settlers
are relocated by the City Government of El Salvador or other private, non-profit institutions.
2.5 Lot area per family – a portion of an area of a lot allocated for one family.
2.6 Public Places – refer to any place, which include among others, parks, public utility
vehicles, recreational centers, churches, public cemeteries, public or private markets, public
parking, street, alleys, sidewalks, national roads and highways.
2.7 Collective Ownership – refers to a form of land tenure security where ownership of
real property or land is collectively owned and maintained by the community association or the
Home Owners Association (HOA).
2.8Community Savings – is a form of strategy in involving full participation from the
communities in shelter delivery as well as the establishment of “convergence of resources” as
the long-term source of housing finance.
2.9 Convergence of Resources – is a core ingredient in establishing the housing finance
as it constitutes various streams of cash flows emanating from government contributions
private sector’s Corporate Social Responsibility (CSR), philanthropic donations, and external
funding from the national government and bilateral international agencies.
2.10 CMP – The Community Mortgage Program (CMP) is a mortgage financing program
of the National Home Mortgage Corporation (NHMFC) 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 areas to own the lots they occupy, or where they choose to relocate to
and eventually improve their neighbourhood and homes to the extent of their affordability.
2.11 Low Cost Housing – Is a new concept which deals with effective budgeting and
following of techniques which help in reducing the cost construction through the use of locally
available materials along with improved skills and technology without sacrificing the strength,
performance and life of the structure. There is huge misconception that low cost housing is
suitable for only substandard works and they are constructed by utilizing cheap building
materials of low quality. The fact is that Low cost housing is done by proper management of
resources. Economy is also achieved by postponing finishing works or implementing them in
phases.
2.12 Urban –An area or location characterized by high human population density and
vast human-built features in comparison to the areas surrounding it. Urban areas may be
cities, towns or conurbations, but the term is not commonly extended to rural settlements such
as villages and hamlets.
2.13Homeless –refers to a person or someone who is without a conventional home and
lacks the economic and social supports that a home normally affords.
2.14 Households –consists of one or more people who live in the same dwelling and also
share at meals or living accommodation, and may consist of a single family or some other
grouping of people. A single dwelling will be considered to contain multiple households if either
meals or living space are not shared. The household is the basic unit of analysis in many social,
microeconomic and government models, and is important to the fields of economics.
2.15Urbanization – is a population shift from rural to urban areas, and the ways in which
society adapts to the change. It predominantly results in the physical growth of urban areas, be
it horizontal or vertical.
2.16 Sustainable –is a process for meeting human development goals while maintaining
the ability of natural systems to continue to provide the natural resources and ecosystem
services upon which the economy and society depend.
Section 3. As used in this Ordinance, the following acronyms shall mean:
SP Excerpt– October 16, 2018 Page 4 of 9 Pages

3.1 CHA – Community Housing Associations

3.2 CESHUDO –City of El Salvador City Housing and Urban Development Office
3.3 CMP – Community Mortgage Program
3.4 CSR – Corporate Social Responsibility
3.5 GSIS – Government Service Insurance System
3.6 HMDF – Home Mortgage Development Fund
3.7 HOA – Home Owners Associations
3.8 HUDCC – Housing and Urban Development Coordinating Council
3.9 LGU – Local Government Unit
3.10LHB – Local Housing Board
3.11 LSP – Local Shelter Plan
3.12 NHA – National Housing Authority
3.13 NHMC – National Home Mortgage Corporation
3.14 SHTF – Special Housing and Trust Fund
3.15 SSS – Social Security System

Section 4. Composition. The Local Housing Board shall be composed of the following:
Chairman : City Mayor
Co-Chairman : Chairman, Land Use and Housing Committee of the Sangguniang
Panlungsod
Members : City Planning and Development Coordinator (CPDC)
City Engineer
City Housing and Urban Development Officer
City Social Welfare and Development Officer
City Assessor
City Agrarian Reform Officer
DILG Representative
City Legal Officer
City Population Officer
Representative from duly accredited People’s Organization
Representative from the Presidential Commission for Urban Poor
Representative from National Housing Authority

Section 5. Definition of Role and Functions.

5.1 Role. The Board shall be the policy-making body on shelter and housing
programs and to act as the One-Stop Shop Housing Processing Center (OSSHPC) of the City
Government of El Salvador.
5.2 Functions.
5.2 a. Ensures the creation of the City of El Salvador Housing and Urban Development
Office (CESHUDO) under the Office of the City Mayor;
5.2 b. Recommends all proposals for the budgetary requirements pertinent to the
operation of the City of El Salvador Housing and Urban Development Office (CESHUDO);
5.2 c. Promulgate policies/guidelines pertinent to the implementation of the Local
Shelter and Housing Programs in accordance with RA 7279;
5.2 d. Recommends the Local Shelter Plan submitted by the City of El Salvador Housing
and Urban Development Office (CESHUDO);
SP Excerpt– October 16, 2018 Page 5 of 9 Pages

5.2 e. Acts as One-Stop Shop Housing Processing Center to process all housing related
permits, clearances and certifications, but not limited to land-use reclassification, development
permits, locational clearances and other housing related activities;
5.2 f. Recommends for approval of the Sangguniang Panlungsod the issuance of
Preliminary Subdivision Development Plans (PSDP) and Development Permits (DP);
5.2 g. Ensures the creation of the Community-Based Housing Coordinating Committee
and its implementing guidelines;
5.2 h. Advises the Sangguniang Panlungsod on matters of local taxation which may
affect the local government’s different community-based housing programs;
5.2 i. Recommends for the approval of the Local Chief Executive (LCE) partnership
agreements with any other government housing or private entity or organizations, including but
not limited to the following programs: Housing Production Assistance, Resettlement
Development, Local Housing and Cost Recoverable Joint Venture;
5.2 j. Recommends for approval of the Sangguniang Panlungsod the accreditation of any
Community Housing Associations (CHAs) on housing-related projects and other private
originators for CMP;
5.2 k. Recommends for approval of the Local Chief Executive and granting of authority
by the Sangguniang Panlungsod on the hiring of consultants in various housing related
activities, but not limited to preparation of Comprehensive Land Use Plan but also of technical
assistance on the implementation of different housing programs and preparation of
Comprehensive Shelter Plan of the City Government;
5.2 l. Acts as CMP originator and enabler of any different housing projects;
5.2 m. Recommends for the approval of the Local Chief Executive on the agreements
with any government or private entity for the conduct of proper planning sessions, training,
seminars, conferences and capability building in any housing related activities or issues;
5.2 n. Authorizes the City Treasurer, as the case may be, to disburse funds from the
Special Housing Trust Funds to the board approved appropriation prepared in accordance with
applicable existing rules and regulations;
5.2 o. Serves as Advisory Committee to the Sangguniang Panlungsod on Urban
Development and Housing Programs such as, but not limited to, necessity of local
appropriations for the use of the Urban Development and Housing Programs; and
5.2 p. The Office of the City Planning and Development Coordinator (CPDC) shall serves
as the Housing Coordinator under the Office of the City Mayor acting in temporary capacity until
such time that the City Government is already capable of hiring a permanent and qualified
housing officer.

Section 6. Committees, Its Composition and Functions. Pursuant to the

provisions of RA 7279, otherwise known as the Urban Development and Housing Act of 1992
and other pertinent laws and issuances, the following committees are also hereby created under
the City of El Salvador Local Housing Board, to wit:

A. Committee on Relocation and Resettlement Composition:

Committee In-Charge: City Planning and Development Coordinator
Members : City Administrator
City Social Welfare and Development Officer
City Engineer
City Assessor
City Environment and Natural Resources Officer
SP Excerpt– October 16, 2018 Page 6 of 9 Pages

City Disaster Risk Reduction and Management Officer

Liga President
City Population Officer

Functions:
a. Formulate policies for a just and humane demolition and eviction activities for the
underprivileged affected or to be affected by the government infrastructure projects, natural or
man-made disasters/calamities, occupying danger zones, public areas, private lots, especially
with court – ordered demolition and evictions in their pre-implementation, implementation and
post-implementation in consonance with RA 7279.

b. Recommend policies for assistance to community – initiated housing projects

particularly on land acquisition to be utilized as relocation sites which includes but not limited to
technical assistance, community organizing and monitoring;

c. Require proponent of eviction and demolition whether administrative or summary i.e.

national government, local government or its duly authorized representative to secure a
Demolition Compliance Certificate from the Board subject to the provisions of Section 27, 28
and 30 of RA 7279.

d. Undertake and inventory of all lands to determine current and actual land uses,
availability of basic services and such other information that are needed to establish the
suitability of sites for socialized housing.

e. Identify government-owned lands subject for disposition pursuant to the provision of

R.A. 7279 and other pertinent laws.

B. Committee Against Squatting Syndicates and Professional Squatters

Composition:

Committee In-Charge: City Legal Officer

Members : Liga President
City Planning and Development Coordinator
Chief of Police, Philippine National Police
PCUP Representative
HUDCC Representative
People’s Organization Representative
Civil Society Organization/Religious Representative
Functions:
a. Adopt the necessary measures to identify and effectively curtail the activities of
professional squatters and squatting syndicates, including the names of public officials and/or
private individuals or entities suspected of abetting or tolerating the commission of said acts;

b. Provide the Housing and Urban Development Coordinating Council (HUDCC) and the
National Housing Authority (NHA) copies of the list of identified professional squatters and
squatting syndicates in order to safeguard against their inclusion in future government housing
programs/projects and recommend their disqualifications in existing programs;
SP Excerpt– October 16, 2018 Page 7 of 9 Pages

c. Provide legal assistance to victims of professional squatters and squatting syndicates,

giving priority to small property owner, and make available, through the PNP and the DOJ, a
consolidated list of professional squatters and squatting syndicate;
d. File or assist the complainant in filing the appropriate charges before the Prosecutor’s
Office;

e. Undertake investigation of cases, violation of laws or rules on eviction and demolition

forwarded to it and recommend appropriate actions on the same to the concerned agencies;

f. Monitor eviction and demolition activities and establish its own monitoring system;

g. Submit reports to the Housing and Urban Development Coordinating Council (HUDCC)
and to the Office of the President, copy furnished the concerned agencies involved in the
implementation of RA 7279;

h. Request for assistance from any government entity, if necessary.

C. Committee on Registration and Selection of Beneficiaries:

Composition:
Committee In-Charge: City Social Welfare and Development Officer
Members : City Planning and Development Coordinator
City Assessor
Liga President
PCUP Representative
Civil Society Organization Representative
Functions:
a. Undertake adequate consultations with the affected families;
b. Oversee the registration of all potential beneficiaries of socialized housing
in the City and prepare the master list per barangays thereof;
c. Strengthen and sustain the Barangay Registration Committees (BRCs) to
enable them to continue the regular registration of UDHA beneficiaries;
d. Facilitate the registration and provide orientation for the Barangay
Registration Committees (BRCs) on the registration process;
e. Recommend the necessary guidelines, rules and regulations in the
registration of potential beneficiaries in accordance with all laws, rules
and regulations.

Section 7. Meeting and Quorum. The Board shall meet every three (3) months or as
often as maybe deemed necessary on such dates, times and places as maybe designated by the
Chairperson of the Board. The Committee shall meet from time to time on such dates and
places as may be necessary. Such meetings maybe called by the Committee In-Charge or upon
request of the City of El Salvador Housing Board Chairperson. The presence of the
Chairperson/Committee In-Charge and the majority of the members of the Board/Committee
shall constitute a quorum to transact official business.
SP Excerpt– October 16, 2018 Page 8 of 9 Pages

Section 8. Executive Committee. The Board shall create a four-member Executive

Committee (ExeCom) from among its members to represent it and act in its behalf when it is
not in session. The Mayor or his duly designated representative shall head the Execom.

Section 9. Secretariat. The City of El Salvador Housing and Urban Development Office
(CESHUDO) will lead the Secretariat.

Section 10. Compensation and Renumeration.

a. The Chairman, Co-chairman and members of the City Urban Development and
Housing Board shall perform their duties and responsibilities without any compensation and
remuneration except honorarium as may be granted by the Sangguniang Panlungsod in its
annual appropriation or supplemental budget.
b. Except for members of the Board who are not government employees either
appointed or elected shall be entitle to necessary traveling expenses and allowance as provided
for in its annual appropriation or supplemental budget, subject to existing rules and regulations.

Section 11. Budgetary Requirement.

a. The Board through the Local Finance Committee shall submit to the Sangguniang
Panlungsod for approval its operational requirement for the year and thereafter that will cover
the honorarium, its benefits and travel expenses (accommodation/transportation, meals
allowances, etc.) and other incidental expenditures.
b. The Board through the Local Finance Committee shall also submit to the Sangguniang
Panlungsod an annual supplemental budget for consideration and approval when budgetary
needs when arises and it shall be taken from its share of the one half (0.5%) realty tax on real
properties in urban areas in excess of FIFTY THOUSAND PESOS (P 50,000.00) shall accrue to
the Special Housing and Trust Funds (SHTF).

Section 12. Separability Clause. If for any reason, any part or provisions of this
Ordinance shall be held unconstitutional or invalid, other parts or provisions hereof which are
not affected shall continue to be in full force and effect.

Section 13. Repealing Clause. All Ordinances and administrative regulations or parts
thereof which are inconsistent with any provisions of this Ordinance are hereby repealed or
modified accordingly.

Section 14. Effectivity Clause. This Ordinance shall take effect upon its approval.

APPROVED.
SP Excerpt– October 16, 2018 Page 9 of 9 Pages

I HEREBY CERTIFY, to the correctness of the foregoing resolution.

ALFREDO S. PAZ
City Council Secretary
ATTESTED BY:

HON. EDUARDO A. AYUNTING

City Vice – Mayor/Presiding Officer

APPROVED:
HON. EDGAR S. LIGNES
City Mayor

DATE APPROVED: _____________