REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 git SANGGUNIANG PANLUNGS 0D 24-204. SESSION EXCERPT FROM THE MINUTES OF THE REGULAR SESSION HELD BY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF CEBU INITS SESSION HALL ON AUGUST 27, 2003. PRESENT: Hon, Michael L, Rama Hen, Gabriel V. Leyson Hon. Jocelyn G. Pesquere Hon. Procopio £. Fernandez Hon. Eugenio F. Gabuya, dr. Hon. Carmelita L. Piram Presiding Officer - Pres, Protempore :Majarity Floor Leader vAssl, Maj. Fir. Leader : Minority Floor Leader -Assl. Min, Flr. Leader Hon, Rodrigo A. Abellanosa : Member Hon. Christopher |. Alix Membor Hon. Nestor D. Archival, Sr. » Member Hon. Glena C, Bontuyan Hon. Gerardo A, Carillo Hon. Eugenio Faeinar . Member Member Member Hon. Danilo M. Fernan .....Member Hon. Sylvan B. Jakesalem vo. Member Hon. Vicente A. Kintanar, dr. . Member Hon. Manuel P. Legaspi . Member Hon. Arsenio G. Pacala Hon. George R. Rama Hon, Dana Ruiz Sesante ABSENT: None . Member -Menber Menber ~-000-— RESOLUTION NO, ‘03-0877 The Sangguniang Paniungsod of the Gily of oo, on motion of Member Carillo, seconded by Member Piremide, RESOLVED, to approve the following ordinance: ORDINANCE NO. 1969. AN ORDINANCE ESTABLISHING THE GUIDELINES ON BENEFICIARY SELECTION FOR THE SOCIALIZED HOUSING PROGRAM,OF.THE CITY OF CEBU. WHEREAS, the Constitution provides that: ‘The Siateshall, hy law, and for the common good, underlake, in cooperation with the privale sector, a continuing program of urban land reform and housing which will make: available al affordable cost decent housing and basic services to underprivileged and homeless cilizens in urban centers and resetilement areas"; WHEREAS, the Philippine Congress, in adherence to the constitutional mandate, enacted Republic Act 7279, otherwise known as the “Urban Development Housing Act of 1892"; » WHEREAS, one of the objectives of Republic Acl 7279 is to provide for the rational use and development of urban Jand in order to brig about, among others, the equitable utilization of residential lands in urban and wrbanizable areas with particular altention to the needs end requirements of thy undwiprivileged end homeless citizens and nol merely on the basis of markel foreg' and provide access. fo land-and housing by the underprivileged and homeless citizens;REPUBLIKA NG PILIPINAS LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL, TEL. NOS. 253-2306 254-9004 (Res, No. 03-0877, Ord. No. 1969, daled Augus! 27, 2003, cont'd.) ~ page 2- WHEREAS, local government units like the city has the mandate to exercise ils powers for the olficient and effective provision of the basic services and facilities enumerated under Republic Act 7460, otherwise known as the Local Government Code ‘ol 1991, which includes programs and projects for low-cosl housing-and other mass dwellings; WHEREAS, the Gily of Cebu, through the Division for tho Welfare of the Urban Poor (DWUP) and the Local Housing Board (LHB), implements the socialized housing program of the city; WHEREAS, thoro is a nood to streamline the guidelines on tho selection of benoficiaries for the city's housing prosram, in order lo wflectively oxecute the statutory and moral mandale of providing realizable housing opporlunilies 10 those who need it most; NOW, THEREFORE, the Sangguniang Panlungsod of the Cily of Cebu, ina regular session assembled, hereby ordains thal; Section 1, Short Title - This Ordinance shall be known as the “Socialized Housing Program Benoficiary Selection Guidelines of 2003". Section 2. Definition of Terms. - For purposes of this Ordinance: a), "Areas for priorily development” refers to those areas declared as such by the Cebu Cily Local Housing Board (LHB). b) "Improvements? refers to all types of buildings and residential units, walls, fences, siructures or constructions of all kinds of 2 fixed characler or which are adhered to the soil but shall nol include trees, plants and growing fruits, and other fixtures thal are mere superimpositions on the land, the value of which improvements shall, nol be less than filly porcent (50%) of the assessed valus of the property; ©) ‘On-site development® refers to the prowess of upgrading and rehabilitation of blighted 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 of R.A, 7279; 4) ‘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. Tho lerm shalt also apply to persons who have previously been awarded honelols or housing units by the Government but who sold, leased or transferred the same to sellle illegally inthe same place or in another urban area, and nen-bona fide occupants and intruders of lands reserved for socialized housing. the term, shall not epply to individuals or groups who simply ront land and housing from professional squatters or squalting syndicates; e) ‘Resettlement areas" refers to areas idenlified by’ the LHB which shall be used for the relocation of the underprivileged and homeless cilizens; 1) "Security of tenure" refers to the degree of :protection afforded lo qualified Program beneficiaries against infringement! or unjust, reasonable and arbilrary eviction or disposition, by virlue of the righl of ownership, leace agrooment, uoulruct. and other ooniractual arrangements; 9) ‘Socialized housing" refers to housing progran's ahd projects covering ++ houses and lots or homelots only undertaken by the Government or the private seclor for the underpriviloged and homeless citizens which shallREPUBLIKA NG PILIPINAS. LUNGSOD NG CEBU TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL, NOS. 253-2986 254-9004 (Res. No. 03-0877, Ord. No. 1969, dated August 27, 2003, cont'd.) = page 3 - include sites and servioes development, long-term financing, liberalized tarms on interest payments, and such olher bonolils in accordance with the provisions of R.A. 7279; ages h) "Squatting syndicates’ refore to groups of persons engaged in the 2 businesst of squatter housing for profit ar gain; i) "Underpiivileged and homeless eltizens' refers to the beneficiaries of Rs. 7279 and to Individuals or families residing in urban and urbanizable areas whose income or combined: household income (alls wilhin tho’ poverly threshold 2s defined by the! National Economic and Developm ent Authority and who do nol own housing facilities. This shall include those who live in makeshift dwelling units and do nol onjoy seturity of tenure, Section 3, Coverage. - This Ordinance shali govern the selection of at! beneficiaries lor the Socialized Housing Progran of the :Cily of Gebu, including pending applications, although filed before the eflectivily of this measure. Section 4, Registration, - Socialized housing beneficiaries shall register individually with the Division far the Welfare of the Urban Poor (QWUP); no fea shall be collected for this purpose. OWUP shall provide assislance and suppor to . the underprivifeged and homeless for their organization into community associations, Section 5, Who May Register. ~ To regitter, ono ‘must have the following qualifications: : a) Must be a Filipino citizon and of legal age; b) Must be the head of the family; ¢} Must be en underprivileged and homeless cilizen, as defined in Section ti); 4) Must not own any real property whelher inthe urban or rural areas, and must not have been a beneficiary of, nor has pending application for the same purpose in, any government-housing program, excepl thre in leasehold or rental arrangements. Sealion 6. - Bentficiery Seleclion Guidelines. ~ In general, to qualify (or the socialized housing program, a beneficiary: a} Musi be a Filipino citizen; ! 8) Must be an underprivileged ond homeless cilizen, as defined in Section 2); c) Musi not own any real property whether in {he urban or rural areas; and d) Must not be a professional squatter or @ member of squalting syndicates In addilion to the quatifications under R.A. 7279, as enumerated above, and those providedin Section §, the folldWing shall be observed: 4. On-site Occupants - in order to acquire their ocoupied lols Ihrough the citys program, one should: 8) Have not constructed his residential siructire Ister than March 29, 1992, the effectivity of R.A, 7279; b) Own and occupy only one structure; ¢) Occupy the said structure on @ prmonent basis;REPUBLIKA NG PILIPINAS ! . LUNGSOD NG CEBU ‘TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL, NOS, 253-2386 254-0004 (Res. No, 103-0877, Ord, No. 1969, daled August 27, 2003, cont'd.) - paged d) Be a mombor of good standing in the communily association identified and recogniz ed by the appropriate city agency lor {he subject lol; 2. Resettlement Program - The beneficiaries of resettlement program, in addition {0 the requirements inthis section, must be: a) Underprivileged and homeless residents of Cebu Cily; b) Those affected by court ordered eviction or demolition; c) Those living in danger areas, or Ihose displaced by the implementation of government infrastructure project. o . Community Morlg age Program ~ This Ordinance shall be applied to the bonoficiary selection for Community Mortgage Program insofar ao it is consistent wilh tho pertinent rules, regulations and issuances of the National Home Merlgage and Finance Corporation and other appropriate agencies relalive thereto. 3 Section 7. = Disquslificalions. - The following are disqualified from becoming beneficiaries of the city’s socialized housing program: “ a) Any person who uses dummy and/or allows himself to be used for the purpose of acquiring right over lol and/or structure in any project site, in ciroumvention of the provisions and objectives of this Ordinance: b) Those who have previously qualified as beneficiary in any project but forfeited his rights for or in violation of existing laws, decrees, executive orders or insiructions and other rules and regulations governing the project; c) Those who supplied false information to the Division for the Welfare of the Urban Poor. Section 8. Limilalions on the Disposition of Lands for Socialized Housing. - No land for socialized housing, including improvements or rights thereon, shall be sold, alionated, conveyed, encumbered or leased by any benoficisry of the cily's socialized housing program except to qualified program beneficiary as determined by the Local Housing Board. : Should the beneficiary unlawlully sell, transfer, or olherwise dispose of his . lot or any right thereon, the transaction shall be null and void. Ho shall also lose his right to tho land, forfeit the total amortization paid thereon, and shall be barred to benefit under the city’s sotialized housing program for a poriod of (en (10) yoars {rom 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 assumplion of his outstanding obligations. In cse of failure by the heirs lo assume such obligations, tho land shall reverl to tho city governmont for disposition to qualified beneficiaries. ' Section 9, - Penalty. Individuals who willfully supplied false informetion in order to qualify as beneficiary in the socialized housing program of the Cily Government shall, in addition to perpotual disqualification’ from becoming beneficiary, suffer imprisonment from six (6) months to one (1) year and/or fine not to exceed five thousand pesos.REPUBLIKA NG PILIPINAS . LUNGSOD NG CEBU : TANGGAPAN NG SANGGUNIANG PANLUNGSOD CEBU CITY HALL TEL. NOS. 253-2386 284-9004 (Res. No. 03-0877, Ord. No. 1969, dated Augus! 27, 2003, cont'd.) - paged + Any employee of the Cily Government, in collusion with others or otherwise, in order to accommodate an unqualified person in any housing project of the city shall, in addition to the’.criminal and administrative sanctions provided by law, suffer oné (1) yoar imprisonment and pay a line of five lhousand pesos. Section'10;— Repealing Clause. All ordinances, resolulions execulive orders and administrative regulations, or part or paris. thereol,,, inconsistent. with this ordinance’ are'hersby repealed or modified accordingly. Section 11, ~ Seperebility Clause, If for any reason; any--part. of this ordinance shall be held unconstitutional or invalld, other parts hereof which are not affaciod thereby shall continue to be in full force and effect.i Section 12. Elloctivily Clause. This ordinance: shall take effect thirty days from its approval, : CARRIED UNANIMOUSLY. == 0096 | hereby certify to the correctness of the aforequoted resolulion/ordinance. ede ref ESTRELLA F. DE LOS REYES Cily Secretary™ ATTESTED: APPROVED; ~ | MICHAEL L. RAMA a m Z Presiding Officer OMAS R. OSMENA Mayor Joke 2003 SEP 15