REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD) CEBUCITY HALL TEL. NOS. 412-2817 254-9004 13% SANGGUNIANG PANLUNGSOD 4° SESSION Regular Session No, 26 EXCERPT FROM THE MINUTES OF THE REGULAR SESSION HELD BY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF CEBU IN ITS ‘SESSION HALL ON FEBRUARY 5, 2014. PRESENT: Hon. Edgardo C. Labella -» Presiding Officer Hon. Nestor D. Archival Sr. Presiding Officer Pro Tempore Hon. Margarita V. Osmefia Majority Floor Leader Hon, Lea O. Japson 4* District Asst. Majority Floor Leader Hon, Richard Z. Osmefia 20 District Asst. Majority Floor Leader Hon. Mary Ann C. de los Santos Minority Floor Leader Hon, David F. Tumulak -- Assistant Minority Floor Leader Hon. Nendell Hanz L. Abella Member Hon. Sisinio M. Andales Member Hon. Alvin B. Arcilla Member Hon, Roberto A. Cabarrubias - Member Hon. Ma. Nida C. Cabrera Member Hon. Gerardo A. Carillo Member Hon. James Anthony R. Cuenco - -. Member Hon. Alvin M. Dizon Member Hon. Eugenio F. Gabuya dr Member Hon. Noel Eleuterio G. Wencesiao Member Hon. Phillip S. Zafra Member ABSENT: None. --000-- RESOLUTION NO. 13-1727-2014 The Sangguniang Panlungsod of the City of Cabu, as moved by Member Dizon and seoonded by Member Cabrera; RESOLVED, to approve the folowing Ordinance: ORDINANCE NO. 2383 AN ORDINANCE ESTABLISHING GUIDELINES FOR THE ACQUISITION, VALUATION AND DISPOSITION OF LANDS FOR SOCIALIZED HOUSING AND FOR OTHER PURPOSES. WHEREAS, the Cebu City Government bought lots in the late 1990's intended as relocation sites for members ofthe urban poor who are affected by demltions or evictions; WHEREAS, the Cabu City Government through City Ordinance No. 1785 dated 1 September 1999 created an AD HOC Committee on Land Valuation for Socialized Housing as part ofthe City's compliance of the mandates of RA 7279; WHEREAS, considering that the AD HOC Commitlee on Land Valuation for Socialized Housing serves only as an ad hoc body, this Ad Hoc Committee was only able to convene for three times since its ‘creation and has ceased to be functional for the past ten years despite the fact that the City Government ‘continues to purchase lots for Socialized Housing; WHEREAS, the Division forthe Welfare of the Urban Poor (DWUP) reported that there are more than 100 uniivable home ts in the City’s seven underdeveloped relocation sites due to steep slopes and high cost of site development; eHREPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBUCITY HALL TEL. NOS. 412-2817 254-9004 (Res. No. 13-172T-2014 Ord. No. 2383 dated Feb, 5, 2014, contd) page 2- WHEREAS, since these lots are not sulable for human habitalon, most of the intended beneficiaries have yet to ive in these lots; WHEREAS, the City’s rapidly urbanizing population means that demand for housing especially Socialized Housing will continue fo increase and the City must be capable to address this need; WHEREAS, the City Government must adopt and institutionalize mechanisms fo ensure that all Socialized Housing sites and areas must be suitable for human habitation and are in faithful compliance with the guidelines and requirements mandated by the Urban Development and Housing Act or RA 7279 to censure that the City Government truly provides decent and affordable housing for the urban poor which is @ fundamental human right; NOW THEREFORE, the Sangguniang Panlungsod of the City of Cebu, in a regular session assembled, hereby ordains that ARTICLE| TITLE, STATEMENT OF POLICY, AND DEFINITION OF TERMS SECTION 1. TITLE. — This Ordinance shall be known as an ‘An Ordinance Establishing Guidelines for the Acquisition, Valuation and Disposition of Lands in Cebu City for Socialized Housing and for Other Purposes” SECTION 2. STATEMENT OF POLICY. ~ It shall be the policy of Cebu City to provide an equitable land tenure system that shall quarantee security of tenure to its homeless and underprivileged citizens and further provide a continuing land and housing program that is affordable, decent and just. SECTION 3. DEFINITION OF TERMS. — 3.1. Alinable lands of the public domain refer to those lands owned by the State, not Classified as forest or imber nor mineral lands nor national parks, but as agricultural lands ‘and which may be alienated by the State and may be leased or aoquired by Filipino citizens. 3.2. Expropriation refers to the exercise of the power of eminent domain wherein the government compulsorily aoquires private properties for public use upon payment of just Compensation. 33, Idle lands refer to non-agricultural lands in urban and urbanizable areas on which no lmprovements have been made by the owner, as cartified by the City Assessor. 34. Idle government lands refer to: non-agricultural lands in urban and urbanizable areas on hich no improvement has been made by the government including ‘, _patrimonial properties ofthe State; b. public properties; and ©. properties foreclosed Government-Owned and Controlled Corporations (GOCCs) and ‘Goverment Financing insituions (Fi), as certified by the City Assessor. aREPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 412-2817 254-8004 (Res, No. 13-1727-2014 Ord. No, 2383 dated Feb. 5, 2014, contd) page 3- 35. Improvements refer to all ypes of buildings and residential unis, walls, fences, structures or construction 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 fifty percent (50%) of the assessed value ofthe property. 36. Joint Ventures refer to the commitment or agreement by two (2) or more persons to carry ‘out a specific or single business enterprises for their mutual benefit for which purpose they ‘combine their funds, land resources, faciilies and services. 37, Land assembly andlor consolidation refers to the acquisition of lots of varying ownership through purchase or expropriation for the purpose of planned and rational development and {or Socialized Housing Programs without individual property boundary restrictions 38. Land banking refers to the aquisition of land at value based on existing use in advanoe of ‘actual need to promote planned development and Socialized Housing Programs. 39. Land Swapping refers to the process of land aoquisiton which exchanges land for another piece of land of equal value, or for shares of stodk in a government or quasi-government corporation whose book value is of equal value fo the land being exchanged, forthe 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 declarations: Provided, that more valuable lands owned by private persons may be ‘exchanged with less valuable lands to cary out the objectives of RA 7278, 310. Negotiated purchase refers to the transmission of property from one person to another by ‘agreement among the parties. 3.11. On-site development refers to the purchase of the Cebu City Government of privately- ‘owned lots that are already oocupied by informal setiers and where the private lot owner agrees 10 sel histher property to the Cebu City Government for its Socialized Housing Program. 3.12. Relocation or resettlement sites rofor to the lots purchased by the Cebu City Government Under its Socialized Housing Program where informal settlers living in privately-owned lots or affected by government infrastructure projects are relocated. 3.13. Unregistered and abandoned lands refer to lands in urban and urbanizable areas which are not registered with the Registry of Deeds or with the City Assessor's office concerned \which are uninhabited by the owner and have not been developed or devoted for any useful purpose, or appear unutlized for a period of three (3) consecutive years immediately prior to the issuance and receipt or publicalon of notice of acquisition by the government as provided for under RA 7279. 3.14, Socialized Housing refers to housing programs and projects covering houses and lots or home lots only undertaken by the Government or the private sector for the underprivileged and homeless citzens which shall include sites and servioss development, long-term financing, liberalized terms on interest payments, and such other benefits in accordance with the provisions of Republic Act 7279. Further, Socialized Housing refers to land and house package which costs shall be determined by the Housing and Urban Development Coordinating Counc AEREPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS, 412-2817 254-9004 (Res. No. 13-1727-2014 Ord. No. 2383 dated Feb. 5, 2014, contd.) ~page 4- 3.15. Unlivable home lots refer to lots which are located in places with steep slopes or in areas identified as disaster-prone area. ARTICLE Il PRIORITIES, MODES OF LAND ACQUISITION, AND COVERED REQUIREMENTS IN THE PURCHASE OF LANDS FOR SOCIALIZED HOUSING ‘SECTION 4. PRIORITIES IN THE ACQUISITION OF LANDS. 4.1) The Cebu City Government shall prioritize acquisition of the following lands: a, Those owned by the Government or any of its subdivisions, instrumentaliies, or ‘agencies, including government-owned or controlled corporations and their subsidiaries and local government units; b. Pubic and private lands; and Idle privately-owned lands, 4.2) Where on-site development is found more practicable and advantageous to the beneficiaries, the priorities mentioned in this section shall not apply. The City of Cebu shall give budgetary priority to on-site development of government lands. SECTION 5, MODES OF LAND ACQUISITION. 5:1. The modes of acquiring lands for the purpose of this Ordinance shall include, among others: a) Donation to the Government ) Land Swapping c) Community Mortgage d) Land Assembly! consolidation ) Land Banking f), Joint-Venture Agreement @) Negotiated Purchase 1) Expropriation |), Presidential Proclamation i) Rentto-own 5.2. Expropriation shall be resorted to only when other modes of aoquiston have been exhausted oF are not feasible - By way of exemplion, the folowing shall not be expropriated within one (1) year following notice of acquisition, provided the property owners submit documents attesting the status and circumstance ofthe property a) Inthe case of force majeure and other fortuitous events: b) Residential ands owned by small property owners; ©) Where ownership ofthe land is subject to litigation; and ) Abandoned lands. 5.3. For the purpose of Socialized Housing, government-owned and foreclosed properties shall be ‘acquired by the City Government through negotiated purchase with the actual lot occupants. aREPUBLIKA NG PILIPINAS LUNGSOD NG CEBU ‘TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 412-2817 254-9004 (Res. No. 13-1727-2014 Ord, No. 2383 dated Feb. 5, 2014, contd.) ~ page 5- 5.4. The Division for the Welfare of the Urban Poor (DWUP) shall coordinate with all banks ‘operating in the territorial jurisdiction of the City of Cebu to gather a list of the banks’ foreclosed real properties which may be acquired by the City Government for its Socialized Housing Program. SECTION 6. REQUIREMENTS AND PROCEDURE IN THE PURCHASE OF LANDS FOR SOCIALIZED HOUSING. 6.1 All actions related to the purchase of lands for Socialized Housing shall be primarily undertaken by the Office of the Mayor through the Division for the Welfare of the Urban Poor (owur). 6.2 Alllot acquislions for the City's Socialized Housing program shall have the recommendation of the Local Housing Board and approval ofthe Cabu City Counci. 6.3 The purchase of land for Socialized Housing shall meet the site selection aiiteria on the suitabilty of sites for Socialized Housing as mandated in RA 7279, 64 All lols to be purchased by the Cebu City Government for its Socialized Housing Program should have certificates of tte from the Registry of Deeds, 6.5 When purchasing land for Socialized Housing, the following requirements shall be complied with: 2) Site Evaluation and Appraisal Report - this report shall be submitted by the Division for the Welfare of the Urban Poor (DWUP) stipulating detailed documentation on land ownership, seling price, physical characteristics, accessibility characteristics, and availabilty of faciities and utes. This shal also include an appraisal report. b) Approved Cebu City Local Housing Board Resolution recommending the acquisition zndior purchased of the identified land for Socialized Housing and to authorize the Mayor to sign the neoessary documents in relation to the lot purchased and for the provision or allocation ofthe necessary funds. ©) Giy Legal Office Endorsement - this shall include a review of all documents for the acquisition of the lot and to check if they are in order. d) Other documents to be attached or submitted shall be determined by the Local Housing Board. ‘66 Upon completion of the said requirements, the Local Housing Board shall then recommend to the ‘Sangguniang Panlungsod to approve the purchase of lo ntended for Socialized Housing ARTICLE Il VALUATION OF LANDS FOR SOCIALIZED HOUSING SECTION 7. VALUATION OF LANDS FOR SOCIALIZED HOUSING. 7.1. The valuation of Socialized Housing sites shall be primarily governed by the guidelines issued by the Department of Finance, specifically DOF Local Circular Finance No, 392 and DOF Local Circular Finance No. 1-97 and those that shall be formulated by the Local Housing BoardREPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 412-2817 254-9004 (Res. No. 13-1727-2014 Ord. No, 2383 dated Feb. 5, 2014, contd.) page 6- 7.2. Lands which will be purchased under the Socialized Housing Program shall be appraised by the Cebu City Appraisal Committee. ARTICLE IV DISPOSITION OF LANDS FOR SOCIALIZED HOUSING ‘SECTION 8, DISPOSITION OF LANDS FOR SOCIALIZED HOUSING. - The following rules and regulations shall govern the utilization and disposition of lands for Socialized Housing: 8.1) Lands shall be disposed only to qualified Socialized Housing Program Beneficiaries as may be determined pursuant to Section 16 of RA 7279 on the Eligibility Criteria for Socialized Housing Program Beneficiaries and the Cebu Cily Ordinance No. 1969, otherwise known as the Beneficiary Selection Ordinance of 2003: i, Must be a Filipino Citizen and of Legal Age; ji, Must be the Head of the Family; i, Must be an underprivileged and homeless citizen; iv. Must not own any real property whether inthe urban or rural areas and must not have ‘been a beneficiary nor has pending application forthe same purpose in any Government housing program except those on leasehold or rental arrangements; and v. Must not be a professional squatter or member of squatting syndicates. 82) Before any disposition or awarding of lots to qualified Socialized Housing beneficiaries, the Division for the Welfare of the Urban Poor (DWUP) shall submit a Beneficiary Selection Report to the Local Housing Board which shall consist ofthe following: (a) approved is of beneficiaries by the Beneficiary lection Committee (BSC); (b) Socio- economiclaffordabiliy survey report of the beneficiaries; and (0) community association profie. The Beneficiary Selection Report shall be approved by the Local Housing Board, 8.3) Actual occupants of the land shall be given the ight of frst refusal subject to the outcome of the reblooking and lot allocation prooess: Provided, thatthe said oocupants and/or member oftheir immediate fami living with them must meet the minimum requirements set by law. 8.4) No land for Socialized Housing, including improvements or rights thereon, shall be sold, alienated, conveyed, encumbered or leased by any beneficiary of the Socialized Housing Program exoept to qualified Program beneficiaries as determined by the Cebu City ‘Government through the Division for the Welfare of the Urban Poor (DWUP) and the Cebu City Local Housing Board. An expressed restriction forthe said purpose shall be annotated ‘on the Certifcate of Title and Tax Declarations covering the parcels of land including improvements thereon. The Deed of Conveyance executed by the City of Cebu shall contain the aforesaid expressed restictons. Should the beneficiary uniawiully sell transfer, or otherwise dispose of hishher lot or any fight thereon, the transaction shail be null and void. He/She shall also lose hisiher right to the land, forfeit the total amortization paid thereon, and shall be barred ftom the benefits under this Ordinance for a period often (10) years from the date of violation.REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD. CEBU CITY HALL TEL. NOS. 412-2817 254-8004 (Res. No. 13-1727-2014 Ord. No. 2383 dated Feb. 5, 2014, contd.) page 7- In the event the beneficiary dies before full ownership of the land is vested on hinvher, transfer fo hishher heirs shall take place only upon their assumption of hishher outstanding obligations. In case of failure by the heirs to assume such obligations, the land shall revert back to the Cebu City Government for disposition in acoordanae with this Ordinance. 85) Ifthe Cebu City Goverment shall opt for an on-site development, occupants ofthe lot must first apply as Socialized Housing Beneficiaries of the Cily Government and only if they qualify shall they be dectared as beneficiaries and formally allocated with a home lot after the reblocking process is complete. Furthermore, those who fal fo qualify under the City's Socialized Housing Program shall be given the option to buy the lot they are occupying but the seling price will not be Socialized Housing rales, and subject to public bidding if required. 86) _Itwillbe the policy of the Cebu City Government that under on-site development, reblocking is mandatory to ensure that there is space for basic services (ie. road, drainage, open space) whose specications comply with national standards and to properly align and arrange sub-ots of the beneficiaries. The Division for the Welfare of the Urban Poor (DWLP) shall fecltate the reblocking of lots for on-site development. 87) Further, individual lots under the City's Socialized Housing Program which will be disposed to the beneficiaries shall not be more than 54 square meters. 88) There shall be a uniform set of rules that will be implemented in all the City's Sooialized Housing sites that will serve as the rules and regulations in oocupying the site. 89) The homeowners’ association together with the Division for the Welfare of the Urban Poor (DWUP) in each Socialized Housing site shall be responsible for monitoring the entry and ‘occupancy of illegal occupants in the site. It shall be the duty of the officers to immediately report to DWUP regarding legal occupants. It shall be unlawful for the officers and members of the homeowners’ association with o without conspiracy or aid from any official or employee of the Cebu City Government to facilitate or allow the entry and occupancy of informal setlrs in the relocation! resettlement sites who are not approved Socialized Housing Beneficiaries of the City and without the ‘expressed approval of the Cebu City Government 8.10) The Division for the Welfare for the Urban Poor (DWUP) and the Local Housing Board shall ssat monitoring mechanisms o ensure that the provisions of this Ordinance are complied with and to regularly monitor all Socialized Housing projects of the Cebu City Government in accordance with the criteria and indicators thal shall be sel by DIWUP and the Housing Boar. ARTICLE VI PENALTY, REPEALING, SEPARABILITY, AND EFFECTIVITY CLAUSES ‘SECTION 9. IMPLEMENTING AGENCY. 9.1) The Division for the Welfare of the Urban Poor (OWUP) shal be the primary implementing agency forthe City’s Socialized Housing Program. —-REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL, NOS. 412-2817 254-9004 (Res. No, 13-1727-2014 Ord. No, 2383 dated Feb. 5, 2014, contd) -page 8- 9.2) The Local Housing Board shall formulate a set of guidelines in accordance with this Ordinance in order to provide specific details for the proper implementation ofthe same. SECTION 10. PENALTY. 10.1. Any violation of the provisions under Section 8.9 of this Ordinance shall, upon conviction by the court of competent jurisdiction, be punished by imprisonment of not more than one (1) ‘year and a fine of not ess than Five Thousand Pesos (P5,000.00), 10.2 Any employee of the City Government, upon their initiative oF in collusion with others who favorably accommodate an unqualified person in any land and housing project of the City, shall be subjected to criminal, cv and administrative sanctions as provided by law. 10.3. In addition, any beneficiary found to have violated provisions of Section 8.9 hereof shall forfeit the privilege granted under the Socialized Housing scheme and any other housing program of the Government. Anyone who falsfies any document with intent to contravene provisions of this Ordinance shall, in addition to the penal sanctions imposed, also lose any ‘and all fulure privileges granted under any Socialized Housing scheme of the Local Government. SECTION 11. REPEALING CLAUSE. — Al city ordinances, executive orders, cirulars and other issuances inconsistent with any provision ofthis Ordinance are hereby repealed or modified accordingly. SECTION 12. SEPARABILITY CLAUSE. - The provisions ofthis Ordinance are hereby dectared to be separable, and in the event one or more of such provisions are held unconstitutional, the validity of ‘other provisions shall not be affected thereby. ‘SECTION 13. EFFECTIVITY CLAUSE. - The Ordinance shall take effect Fifteen (15) days afte its publication in a newspaper of general circulation, CARRIED UNANIMOUSLY. —000— | hereby cerify to the correctness ofthe aforequoted resolution/ordinance. On CYNTHIA M. KAHULUGAN, ‘Acting Secretary to the ‘Sangguniang Panlungsod ATTESTED: © / EDGARDO C.XABELLA\ Presiding Oficer APPROVED: yoo ‘MICHAEL L. RAMA ath City era 8 w oko a