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Laws and Executive Issuances HUDCC

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 based on 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.
Laws and Executive Issuances HUDCC
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.
Laws and Executive Issuances HUDCC
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 Fin​ance 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.
Laws and Executive Issuances HUDCC
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)
Laws and Executive Issuances HUDCC
•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 Commission
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)
Laws and Executive Issuances HUDCC
•Executive Order No. 90: Identifying the Government Agencies Essential for
the National shelter program and defining 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)
Laws and Executive Issuances HUDCC
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)
Laws and Executive Issuances HUDCC
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

OTHERS

•Revised Penal Code (Title II, Book 2)


•Rules on Investigation and Adjudication
•Presidential Anti-graft Commission IDAP Circular No. 01-2005: Guidelines
on the Implementation of the Integrity Development Action Plan
(IDAP) (2005)
•Guidelines on Joint Venture Agreements (JVA) to Expedite the
Implementation of Recovery, Reconstruction and Rehabilitation Projects in
the Most Affected Areas of Marawi City

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