INSTRUCTOR: Ar. Rojayne Q. Sibayan, uap GUIDELINES FOR THE INVENTORY AND IDENTIFICATION OF LANDS AND SITES FOR SOCIALIZED HOUSING
REPUBLIC ACT NO. 7279
SECTION 1. MANDATE housing and resettlement areas for
the immediate and future needs of These guidelines are enacted underprivileged and homeless in pursuant to Section 40 of RA 7279 the urban areas, taking into which provides, inter alia, that consideration the degree of Housing and Urban Development availability of basic services and Coordinating Council through the facilities, their economic key housing agencies, shall provide opportunities, and the actual local government units with number of registered beneficiaries". necessary support such as formulation of standards and The inventory of lands and guidelines as well as technical subsequent identification of sites for assistance in the preparation of socialized housing shall serve as land use plans, in relation to Section inputs in the formulation of the 4.d of E.O. 90 Series of 1992 which National Urban Development designated the Board as the sole Framework as contained in Section regulatory body for housing and 6 of this Act land development. These guidelines are formulated in the furtherance of the provisions of the same Act which SECTION 2. OBJECTIVES. provides respectively: "Within one These guidelines are intended to (1) year from the effectivity of the provide guidance and assistance to Act, all city and municipal the Local Government Units (LGUs) governments shall conduct an in the implementation of Sections 7 inventory of all lands and and 8 of R.A. 7279. improvements thereon within their respective localities"; and "after the inventory of all lands the local SECTION 3. SCOPE. government units in coordination with the National Housing Authority These guidelines shall cover the (NHA), Housing and Land Use inventory of all lands and the Regulatory Board (HLRB) Land identification of suitable sites for Management Bureau (LMB), and socialized housing in urban and National Mapping and Resource urbanize areas. Information Authority (NAMRIA). 3.1 The following lands shall be shall identify lands for socialized covered by the inventory of all lands and detailed d.3 marginal agricultural data/information thereon lands which comply with the shall be gathered: conversion criteria of DAR;
a. all undeveloped and vacant d.4 government-owned
lands zoned for residential lands which have not been purposes as delineated in the used for the purpose for Zoning Ordinance of the which they have been Local Government Units, duly reserved or set aside for the approved by the Housing past ten (10) years from the and Land Use Regulatory effectivity of the Act and Board; identified as suitable for socialized housing b. government-owned lands, whether owned by the 3.2 The following lands shall be national government or any indicated on the map, as of its subdivisions, cited in Section 6.1 although instrumentalities, or agencies are exempted from the including, government- coverage of the law: owned or controlled a. Those included in the corporations and their coverage of Republic Act No. subsidiaries; 6657 otherwise known as c. unregistered or abandoned Comprehensive Agrarian agricultural and idle lands Reform Law; including idle government b. Those actually used for lands; national defense and security d. other lands of the State;
d.1 lands located outside c. Those used, reserved or
the zoned built-up areas but otherwise set aside for suitable for socialized government offices, facilities housing, as per suitability and other installations, criteria contained in these whether owned by the guidelines; National Government, its agencies and d.2 squatter settlement, instrumentalities, including including Areas for Priority government-owned or Development (APD), Zonal controlled corporations, or Improvement Program sites by the local government (ZIP) and Slum Improvement units: Provided, however. that and Resettlement Program the lands herein mentioned, (SIR) sites; or portions thereof, which have not been used for the purpose for which they have been reserved or set aside for 4.3 Idle lands refer to non- the past ten (10) years from agricultural lands in urban the effectivity of the Act. shall and urbanizable areas on be covered by the Act; which no improvements, as herein defined, have been d. Those used or set aside for made by the owner, as parks, reserves for flora and certified by the city. fauna, forests and municipal or provincial watersheds, and other areas assessor. necessary to maintain ecological balance or Idle government lands refers environmental protection, as to: non-agricultural lands in determined and certified by urban and urbanizable the proper government areas on which no agency; and improvement as herein defined has been made by e. Those actually used for the government including: 1) religious, charitable, or patrimonial properties of the educational purposes. state; 2) public properties; cultural and historical sites, and 3) properties foreclosed hospitals and health centers, by the government financing and cerneteries or memorial institutions (GFIs), government parks. owned and controlled corporations (GOCCs), as certified by the city. SECTION 4. DEFINITION OF TERMS. municipal and provincial As used herein the following terms assessor. and phrases shall have the following Improvements refer to all meaning/definitions: types of buildings and 4.1 Areas for Priority residential units, wall, fences, Development (APD) refers to structures or constructions of those areas declared as such all kinds of a fixed character under existing statutes and or which adhered to the soil pertinent executive but shall not include trees, issuances. plants and growing fruits, and other fixtures that are mere 4.2 Blighted lands refer to the superimpositions on the land. areas where the structures and the value of the are dilapidated, obsolete improvements shall not be and unsanitary, tending to less than fifty percent (50%) of depreciate the value of the the assessed value of the land and prevent normal property. development and use of the area. 4.4 Government lands refers to 4.8 Socialized housing refers to parcels of lands which titles housing programs and are held by national projects covering houses and government entities or any of lots or homelots only its subdivisions, undertaken by the instrumentalities, or agencies, Government or the private including government- sector for the underprivileged owned or controlled and homeless citizens which corporation and their shall include sites and services subsidiaries and lands placed development, long-term under the jurisdiction of the financing, liberalized terms on above entities by virtue of interest payments, and such proclamations signed by the other benefits in accordance President. Government lands with the provisions of this Act. also include rights-of-way or 4.9 Underprivileged and road titles. homeless citizens refer to the 4.5 Marginal lands refers to land beneficiaries of this Act and which are not effective for to individuals or families crop production due to residing in urban and constrainsts such as urbanizable areas whose topography of the area and income or combined poor yields. household income falls within the poverty threshold as 4.6 Resettlement areas refer to defined by the National areas identified by the Economic and Development appropriate national agency Authority and who do not or by the local government own housing facilities. This unit with respect to areas shall include those who live in within its jurisdiction, which makeshift dwelling units and shall be used for the do not enjoy security of relocation of the tenure. underprivileged and homeless citizens. 4.10. Unregistered or abandoned lands refer to lands in urban 4.7 Slum Improvement and and urbanizable areas which Resettlement Program (SIR) are not registered with the refers to the program of the Register of Deeds or with the National Housing Authority of city or municipal assessor's upgrading and improving office concerned, or which blighted squatter areas are uninhabited by the owner outside of Metro Manila and have not been pursuant to existing statutes developed or devoted for and pertinent executive any useful purposes, or issuances. appears unutilized for a period of three (3) also provide relevant consecutive years information on land use and immediately prior to the zoning and assist in the issuance and receipt or preparation of Land Use Plans publication of notice of incorporating the identified acquisition by the sites for socialized housing. Government as provided 5.3 The National Mapping and under the Act. It does not Resource Information include land which have Authority (NAMRIA) shall been abandoned by reason provide base maps, aerial of force majeure or any other photographs and other fortuitous event; Provided cartographic materials That prior to such event, such needed for the inventory. land was previously used for some useful or economic 5.4 The Land Management purposes. Bureau (LMB) shall furnish the LGUs with a cadastral map, 4.11 Urban areas refer to all cities inventory of government- regardless of their population owned lands and other density and to relevant data. municipalities with a population density of at least 5.5 The National Housing five hundred (500) persons Authority (NHA) shall make per square kilometer. available existing guidelines and criteria on the identification of sites for SECTION 5. RESPONSIBLE AGENCIES socialized housing, accept and act as a repository (of The following agencies shall be deeds, TCT's. plans, etc.) of involved in the in-ventory and site government-owned lands identification: found suitable for the above- 5.1 The Local Government Units stated purpose, and assist the (LGUs) shall be responsible for concerned LGUs in the the conduct of inventory and implementation of identification of sites for appropriate housing socialized housing. programs arising from the inventory gathered on 5.2 The Housing and Land Use socialized housing projects Regulatory Board (HLRB) shall prepare guidelines for the 5.6 Other agencies not identified inventory and identification in Sections 7 and 8 but which of sites for socialized housing can provide relevant and provide training and information and data technical assistance in the requirement are as follows: conduct of inventory. It shall a. Bureau of Internal Revenue Utilities Administration (LWUA) (BIR) shall provide data on shall provide data on water. land valuation and taxation. i. Department of Public Works b. Department of Agriculture and Highways (DPWH) shall (DA)/Bureau of Soils and provide data on roads and Water Management (BSWM) other relevant data. shall provide data on the j. City/Municipal Assessor's Network of Protected Office shall provide tax map Agricultural Areas. and listing of all real c. Department of Agrarian properties with their Reform (DAR) shall provide corresponding market values data on lands covered by the and/or assessed values Comprehensive Agrarian located in their respective Reform Program (CARP). city/municipality. d. Department of Environment and Natural Resources SECTION 6. GENERAL GUIDELINES (DENR)/Environmental AND METHODOLOGY. Management Bureau (EMB) shall provide data on The LGUs shall undertake an in- environmentally critical ventory of all lands to determine areas. current and actual land uses, availability of basic services and e. Department of Transportation such other information that are and Communication shall needed to establish the suitability of provide data on sites for socialized housing. The LGUs transportation and are not limited to the use of this communication services. methodology but may utilize other f. National Statistics Office available methodologies as well. (NSO) shall provide data on 6.1 Inventory of Lands population and other relevant data. In the conduct of inventory, any or a com-bination of the following g. National Power Corporation techniques Ynay be used: (NPC), Manila Electric Company (MERALCO), a. Ocular Inspection National Electrification b. Aerial Administration (NEA) shall provide data on power. c. Photo Interpretation h. Manila Waterworks and d. Data sourcing from tax Sewerage System (MWSS) maps. cadastral maps, and Local Waterworks and existing land use maps and other thematic Maps e. Interview with local relevant information (Refer to residents who have sufficient Annex B - Inventory of Lands) local knowledge. b.3 summary of lands as 6.2 Documentation identified in Section 3 (Scope) hereof and corresponding The aforementioned inventory shall area in hectares (Refer to be em-bodied in a report which Annex C - Summary of shall include among others: Inventory). This form shall be a. Maps submitted to the Housing and Urban Devleopment a.1 A base map drawn to a Coordinating Council convenient scale (HUDCC) for planning wherein the lands purposes. covered un-der Section 3 (Scope) of c. Other pertinent documents these Guidelines shall 6.3 Site Selection Criteria be plotted. The following criteria shall be used to a.2 Map showing the lands evaluate the suitability of sites for suitable for socialized socialized housing: housing as identified by the LGUs based on the a. To the extent feasible, Suitability Criteria socialized housing and enumerated in 6.3 of resettlement projects shall be these Guidelines. located in new areas where employment opportunities a.3 Other maps showing are available: the assessed/ market value, actual land use, b. Priority shall be given to areas zoning classification where basic services and and basic services. facilites are already existing or where these can be b. Tabular forms introduced within a very short An inventory/tabular form which time; shall include but not be limited to c. Transportation cost to work the fol-lowing information: places and other services b.1 inventory of individual should be affordable property indi-cating relevant considering that the target information (Refer to Annex A beneficiaries are the - Inventory Form) homeless and underprivileged; b.2 listing of all properties inventoried indicating d. The site shall not require excessive levelling, cutting and filling. Sites requiring Sites as validated by the excessive engineering works National Housing Authority shall be avoided. Likewise, and LGUs and Slum sites on steep slopes and/or Improvement and on weak soil foundation shall Resettlement (SIR) Program not be considered; Sites which have not yet been acquired; and e. Environmentally critical areas as in fbod prone or e. Bagong Lipunan earthquake zones or areas Improvement of sites and near rivers and canals shall be Services (BLISS) sites which avoided; have not yet been acquired; and f. Compatibility with existing zones; f. privately-owned lands.
g. Financial feasibility and 6.5 Completion and Updating of
viability where land valuation inventor offered is low; and The inventory shall be completed h. Tenurial status. within one (1) year from the effectivity of these guidelines. 6.4 Priorities in the Selection of Sites Updating shall be done every three for Socialized Housing (3) years. In selecting from among sites that For planning purposes, the Housing equally meet the criteria listed and Urban Development above, priorities shall be established Coordinating Council (HUDCC) shall based on the following: be furnished bach local a. those owned by the government units with a copy of its government or any of its inventory. subdivisions, instrumentalities 6.6 Turnover of Government Lands or agencies, including government-owned and Public lands acquired by virtue of a controlled corporations and presidential proclamation and their subsidiaries; government-owned lands which have not been used for the purpose b. alienable of the public for which they have been reserved domain; for the past ten (10) years prior to c. unregistered or abandoned the effectivity of R.A. 7279 and and idle lands; which have been identified as suitable for socialized housing shall d. those with the declared Areas be transferred to NHA, subject to for Priority Development Presidential approval. (APD) and Zonal Improvement Program (ZIP) SECTION 7. ZONIFICATION OF THE law, the remainder hereof not IDENTIFIED SITES FOR SOCIALIZED affected hereby shall continue to HOUSING remain in force and effect.
The identified sites for socialized
housing shall be located in SECTION 10. EFFECTIVITY CLAUSE. residential zones, identified in the City’s or Municipality's Zoning These Implementing Guidelines shall Ordinance duly approved by the take effect immediately upon Housing and Land Use Regulatory approval. Board (HLRB). However, for cities and municipalities where the identified sites are not the said residential zones, the location shall be confined within the priority sites and those which conform with the suitability criteria fined in Sections 6.3 and 6.4 of these Guidelines.
The identified sites shall be zoned as
SOCIALIZED HOUSING ZONES.
The current Zoning Ordinance of the
LGUs therefore shall be reviewed and revised such that the socialized housing, component shall be integrated
SECTION 8. SUPPLEMENTARY AND
INTERPRETATIVE RULES AND POLICIES. The Chief Executive Officer of the HLRB is hereby authorized to issue supplemental rules, and interpretative policies and guidelines as to the procedure, contents, and documentary requirements of the inventory, in the implementation of these guidelines.
SECTION 9. SEPARABILITY CLAUSE.
If for any reason any part of these
guidelines is declared as contrary to WRITE-UPS Republic Act No. 7279 otherwise known as the “Urban Development and Housing Act of 1992”, as amended, states that it shall be the policy of the State to undertake, in cooperation with the private sector, a comprehensive and continuing Urban Development and Housing Program (Program). This law aims to provide a comprehensive and continuous urban development and housing program and establish mechanisms for its implementation. First, it establishes principles governing urban development and housing programs. For example, states must ensure reasonable use of land and provide affordable housing for disadvantaged and homeless citizens. The law then requires the government to prepare land inventories and identify public housing sites, and establish rules for land acquisition and disposal. The law prescribes strategies and requirements for public housing programs. It sets eligibility criteria for beneficiaries, provides incentives for national housing authorities and the private sector, and sets standards for basic services and living elements of these housing. It also establishes procedural safeguards for eviction and resettlement. The law also creates a community mortgage program to help disadvantaged and homeless citizens purchase and develop community-owned land. RA 7279 creates a framework for program implementation and defines the roles and responsibilities of responsible housing agencies. The program aims to improve the living conditions of underprivileged and homeless citizens in urban and resettlement areas by providing affordable and suitable housing, basic services, and employment opportunities. increase. It will not be based solely on market forces but will achieve equitable use of residential land in urban and urbanize areas, paying special attention to the needs and demands of disadvantaged and homeless citizens. Therefore, it assumes rational use and development of land in urban areas. It aims to provide program beneficiaries with an equitable land tenure system that guarantees the security of land tenure but respects the rights of small land owners and ensures fair compensation payments. increase. Promote more effective participation of people in the urban development process and improve the capacity of local governments in the implementation of urban development and housing programs and projects. The priority of this law is to optimize the use and productivity of land and urban resources. Development of urban areas that can foster commercial and industrial activity and create more economic opportunities for people. Reduce urban dysfunction, especially those affecting public health, safety, and ecosystems. Access to land and housing for disadvantaged and homeless citizens. We also need to adopt viable policies that regulate urban growth and expansion and orient towards a more decentralized urban web and more balanced urban-rural interdependence.