Housing and Land Use and

Urban Development Laws

ALVIN T. CLARIDADES
Lawyer, Civil Engineer & Environmental Planner
Director IV, Legal Services Group, HUDCC

1
 Republic Act No. 7279
URBAN DEVELOPMENT and
HOUSING ACT of 1992
(UDHA or “LINA LAW”)
AN ACT TO PROVIDE FOR A COMPREHENSIVE AND
CONTINUING URBAN DEVELOPMENT AND HOUSING
PROGRAM, ESTABLISH THE MECHANISM FOR ITS
IMPLEMENTATION, AND FOR OTHER PURPOSES
 Batas Republika Blg. 7279:
Ang Batas sa Pagpapaunlad ng
Pabahay at Kalunsuran
Ang batas na nagtatadhana ng
isang komprehensibong
programa sa pagpapaunlad ng
kalunsuran at pabahay
 CONSTITUTIONAL BASIS
Section 9, Article XIII of the 1987 Constitution provides:
“The State shall, by law, and for the common good, undertake,
in cooperation with the private sector, a 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.
It shall also promote adequate employment opportunities to
such citizens. In the implementation of such program the State
shall respect the rights of small property owners.”

Urban renewal or redevelopment

 CONSTITUTIONAL BASIS
Section 10, Article XIII of the 1987 Constitution provides:
“Sec. 10. Urban or rural poor dwellers shall not be evicted nor
their dwellings demolished, except in accordance with law and in
a just and humane manner.
“No resettlement of urban or rural dwellers shall be undertaken
without adequate consultation with them and the communities
where they are to be relocated.”

Urban renewal or redevelopment

 BACKGROUND
• To give flesh to that Constitutional provision, Congress
enacted in 1992 Republic Act No. 7279 entitled:
“AN ACT TO PROVIDE FOR A COMPREHENSIVE
AND CONTINUING URBAN DEVELOPMENT AND
HOUSING PROGRAM, ESTABLISH THE
MECHANISM FOR ITS IMPLEMENTATION, AND
FOR OTHER PURPOSES”
• RA 7279 or the Urban Development and Housing Act
(UDHA) (or what is popularly knowns as the “LINA LAW”)
was signed into law on March 24, 1992 by former
President Corazon Aquino and became effective on March
29, 1992 immediately after its publication.
 OBJECTIVES OF UDHA

The law aims, among others, to:

1. provide decent and affordable shelter to the
underprivileged and homeless citizens in urban areas
and resettlement areas;
2. provide for an equitable system that shall guarantee
security of tenure to socialized housing beneficiaries
but shall also respect the rights of small property
owners; and
3. improve the capability of LGUs in undertaking local
housing programs and projects.
 SALIENT PROVISIONS OF UDHA

• Decentralization – UDHA or RA 7279 charged the

LGUs as principal implementors of the Socialized
Housing Program in their respective localities and
the National Government as facilitators tasked to
provide assistance to the LGUs in capability-building
in order to make them more effective in responding
to the housing needs of their constituencies.
 SALIENT PROVISIONS OF UDHA
• Framework for Rational Development
 National Urban Development and Housing Framework (NUDHF) to
be formulated by the HLURB under the direction of the HUDCC, in
coordination with all LGUs and other concerned sectors, within
one (1) year from the effectivity of UDHA (March 29, 1992).
 The NUDHF is the comprehensive plan for urban and urbanizable
areas aimed at achieving the objectives of the National Shelter
Program (NSP).
 In the formulation of the NUDHF, the HLURB shall, with the
concurrence of the LGU concerned, undertake a review and
rationalization of:
1. existing town and land use plans;
2. housing programs; and
3. all other objectives and activities of government agencies and
the private sectors which may substantially affect:
a) urban land use patterns;
b) transportation and public utilities,
c) infrastructure; environment; and
d) population movement.
 OBJECTIVES
1. Make available to underprivileged and homeless
citizens decent housing at affordable cost;
2. Provide for rational use and development of urban
land;
3. Regulate and direct urban growth and expansion
towards a dispersed urban net and more balanced
urban-rural interdependence;
 OBJECTIVES
4. Provide for an equitable land tenure system that
shall guarantee security of tenure to program
beneficiaries but shall respect the rights of small
property owners and ensure the payment of just
compensation;
5. Encourage more effective people's participation in
the urban development process; and
6. Improve the capability of local government units in
undertaking urban development and housing
programs and projects.
 ENABLING STRATEGIES
• To achieve the foregoing objectives, UDHA sought to promote the following
strategies:
1. Strategies for land acquisition that called for varying degrees of
government intervention which includes:
a) community mortgage;
b) land swapping;
c) land consolidation;
d) land banking;
e) joint venture agreements; and
f) expropriation.
2. Balanced housing by requiring developers to allot a certain percentage
of the total area or cosr of their projects for socialized housing.
3. Incentives in the form of simplifying accreditation and financing
procedures to fully tap the private sector in producing socialized
housing.
4. Grant of exemptions from certain types of taxes to socialized housing
developers.
5. Espousal of consultation and community participation.
6. Related strategy to stimulate economic growth and promoting socio-
economic development in the countryside.
 SOCIALIZED HOUSING
• “Socialized Housing” refers to housing programs and
projects covering houses and lots or homelots only, or
residential condominium units* undertaken by the
Government or the private sector for the underprivileged
and homeless citizens, which include:
1. sites and services development;
2. long-term financing;
3. liberalized terms on interest payments; and
4. such other benefits in accordance with the
provisions of RA 7279, as amended by RA 10884.
* Condominium unit is a part of the condominium project intended for any type of independent
use or ownership, including one or more rooms or spaces located in one or more floors (or part
of parts of floors) in a building or buildings and such accessories as may be appended thereto.
 SOCIALIZED HOUSING
PROGRAM AND PROJECT
• “Socialized Housing Program" refers to on-site, urban renewal and
resettlement or relocation housing undertaken by the Government
or the private sector which make available various alternative
schemes or secure tenure policies for the disposition of lands to the
beneficiaries of the program.
• "Socialized Housing Project" refers to residential subdivision
projects* and residential condominium projects** undertaken by
the Government or the private sector that are sold at the prevailing
price ceiling for socialized housing and which comply with the
standards under Batas Pambansa Blg. 220 and the applicable
provisions and implementing rules and regulations of Presidential
Decree No. 957.

*Subdivision project refers to a tract or a parcel of land registered under PD 1529 which is partitioned
primarily for residential purposes into individual lots, with or without improvements thereon, and
offered to the public for sale, in cash or in installment terms. It shall include all residential,
commercial, industrial and recreational areas as well as open spaces and other community and public
areas in the project.
** Condominium project means the entire parcel of real property divided or to be divided primarily
for residential purposes into condominium units, including all structures thereon.
 ECONOMIC AND SOCIALIZED
HOUSING PROJECT
• Economic and socialized housing
 It refers to housing units which are within the affordability level
of the average and low-income earners which is thirty percent
(30%) of the gross family income* as determined by the NEDA
from time to time.
 It also refers to the government-initiated sites and services
development and construction of economic and socialized
housing projects in depressed areas.
 The classification likewise relates to the price ceilings determined
by the HUDC Council based on the affordability level of the target
market and which now stands at:
1. P1,700,000.00 for economic housing** under BP 220 (per
HUDCC Resolution No.1, Series of 2015); and
* Average Family Income in 2015 is estimated at P22,000 Monthly (Results from the 2015 Family
Income and Expenditure Survey) The survey results showed that the average annual family
income of Filipino families was approximately P267,000.
**Economic housing refers to a type of housing project with lower interest rates and longer
amortization periods provided to moderately low-income families, as defined under existing laws,
rules and regulations.
 ECONOMIC AND SOCIALIZED
HOUSING PROJECT
*
2. Price ceilings for socialized subdivision projects with the
corresponding revised minimum floor area requirements:
P480,000.00 22 sq. m. with loft of at least 50% of the base
structure, or 24 sq.m.
P530,000.00 24 sq.m. with loft of at least 50% of the base
structure, or 28 sq.m.
P580,000.00 28 sq.m. with loft of at least 50% of the base
structure, or 32 sq.m.
• Per HUDCC Resolution No. 1, Series of 2018
 SOCIALIZED, ECONOMIC AND
LOW-COST HOUSING
AFFORDABLE HOUSING BRACKETS:

1. Socialized housing- P580,000 or less

2. Economic housing - more than P580,000 up to
P1.7 million
3. Low-cost housing - more than P1.7 million up
to P3.0 million
 Batas Pambansa Blg. 220
• “BP 220" or An Act authorizing the Ministry of Human
Settlements (later, the HLURB) to establish and
promulgate different levels of standards and technical
requirements for economic and socialized housing
projects in urban and rural areas from those provided
under:
1. PD 957;
2. PD 1216;
3. PD 1096; and
4. PD 1185.
 Batas Pambansa Blg. 220
• Basis and Objectives of the Minimum
Design Standards under BP 220
• The minimum design standards set forth under BP 220 are
intended to provide minimum requirements within the
generally accepted levels of safety, health and ecological
considerations.
• Variations are also possible as may be based on some
specific regional, cultural and economic setting, e.g.,
building materials, space requirement and usage.
• The minimum design standards encourages the use of
duly accredited indigenous materials and technology such
as innovative design and systems, modular systems and
components among others.
 Batas Pambansa Blg. 220
• Parameters used in formulating the Design
Standards:
A. Protection and safety of life, limb, property and the
general public welfare.
B. Basic needs of human settlements, enumerated in
descending order as follows:
1. Water;
2. Movement and circulation;
3. Storm drainage;
4. Solid and liquid waste disposal;
5. Parks and playground; and
6. Power.
– The provision of these basic needs shall be based on the actual
setting within which the project site is located.
 Batas Pambansa Blg. 220
C. Affordability levels of target market

Affordable cost - refers to the most reasonable price of

land and shelter based on the needs and financial
capability of Program Beneficiaries and appropriate
financing schemes (RA 7279).

D. Location

Both economic and socialized housing projects shall be

located:
1. within suitable sites for housing; and
2. outside potential hazard-prone and protection areas.
 Batas Pambansa Blg. 220
• Technical parameters to be considered in the
evaluation of economic and socialized housing
projects
1) Site criteria:
a) Availability of basic needs;
b) Conformity with the Zoning Ordinance or the CLUP of the
City or Municipality;
c) Physical suitability; and
d) Accessibility;
2) Planning considerations:
a) Area planning;
b) Site preservation or alteration;
c) Easements; and
d) Circulation;
 Batas Pambansa Blg. 220
3) Design parameters:
a) Land allocation;
b) Lot requirement;
c) Length of block;
d) Shelter or housing component;
e) Setback or yard;
f) Water supply;
g) Electrical power supply;
h) Sewage disposal system;
i) Drainage system;
j) Garbage disposal system; and
k) Firefighting facilities.
 Presidential Decree No. 957
• “PD 957, as amended" or “THE SUBDIVISION AND
CONDOMINIUM BUYERS' PROTECTIVE DECREE.”
1. It regulates the sale of subdivision lots and condominiums
and provides penalties for violations thereof.
2. It vests the Housing and Land Use Regulatory Board
(HLURB) with the exclusive jurisdiction to regulate the
real estate trade and business in accordance with the
provisions of the Decree.
3. It aims to curb cases of swindling and fraudulent
manipulations perpetrated by unscrupulous subdivision
and condominium sellers and operators, such as:
a) failure to deliver titles to the buyers;
b) failure to deliver titles free from liens and encumbrances;
c) failure to pay real estate taxes; and
d) fraudulent sales of the same subdivision lots to different innocent
purchasers for value.
 Presidential Decree No. 957
• Features of PD 957
1. Registration and License to Sell - Developers are required
to secure a development permit (from the Sanggunian
concerned, as well as Certificate of Registration and License to
Sell from the HLURB. Selling a subdivision or condominium
project is defined to include:
a) offering to sell;
b) advertising to sell; and
c) receiving reservation deposits.
2. Non Forfeiture of Payments – No installment of the buyer
may be forfeited by the developer when the buyer who is not
delinquent, and after due notice, desists from further payment
due to failure of the developer to complete the development
within the required period. The buyer may, at his option, be
reimbursed with the total amount paid including amortization
interest, with interest thereon at the legal rate.
 Presidential Decree No. 957
3. Mortgage of Project – No mortgage of any lot by the project
owner/developer without permit to mortgage from HLURB. In
case a mortgage was executed with HLURB permit, the buyer
may opt to pay his installment directly to the mortgagee.
4. Alteration of Plans – Any alteration in the approved plan
relating to roads, open spaces, facilities and other forms of
development require prior approval of the LGU and written
consent of Homeowners Association (HOA).
5. Realty Tax – The real property tax on the lot shall be paid by
the developer without recourse to the buyer for as long as title
or possession has not yet passed to the buyer.
6. Right-of-Way – When the project is without access to any
existing public road, the developer must secure a right-of-way
which must be developed and maintained according to the
requirement of the government authorities concerned.
 Presidential Decree No. 1096
• It is otherwise known as the NATIONAL BUILDING CODE
OF THE PHILIPPINES (NBCP) which was signed into law
on February 19, 1977.
• Its IMPLEMENTING. RULES AND REGULATIONS (IRR)
was last revised in 2014 by the DPWH Secretary.

Presidential Decree No. 1185

• It is also known as the FIRE CODE OF THE PHILIPPINES
which was signed into law on August 26, 1977.

Presidential Decree No. 1216

• It defines "OPEN SPACE" in residential subdivisions and
amends Section 31 of PD 957 requiring subdivision
owners to provide roads, alleys, sidewalks and reserve
open space for parks or recreational use. It was signed
into law on October 14, 1977.
 OPEN SPACE DEFINED
• “Open space" means an area reserved exclusively for:
1. parks;
2. playgrounds;
3. recreational uses;
4. schools;
5. roads;
6. places of worship;
7. hospitals;
8. health centers;
9. barangay centers; and
10. other similar facilities and amenities. (Sec. 1, PD
1216).
 ROADS, ALLEYS, SIDEWALKS
AND OPEN SPACE
Roads, Alleys, Sidewalks and Open spaces.
The owner as developer of a subdivision shall provide adequate
roads, alleys and sidewalks.
For subdivision projects one (1) hectare or more, the owner or
developer shall reserve thirty percent (30%) of the gross area for
open space.
Such open space shall have the following standards allocated
exclusively for parks, playgrounds and recreational use:
a) 9% of gross area for high density or social housing (66 to 100
family lot per gross hectare).
b) 7% of gross area for medium-density or economic housing (21
to 65 family lot per gross hectare).
c) 3.5 % of gross area low-density or open market housing (20
family lots and below per gross hectare).*
*Per Sec. 31 of PD 957, as amended by PD 1216
 AREAS RESERVED FOR PARKS,
PLAYGROUNDS AND RECREATIONAL USE
• Areas reserved for parks, playgrounds and recreational
use are non-alienable public lands, and non-buildable.
• Upon their completion as certified to by the HLURB, the
roads, alleys, sidewalks and playgrounds SHALL BE
DONATED by the owner or developer TO THE CITY OR
MUNICIPALITY and it shall be mandatory for the local
governments to accept, provided, however, that the
parks and playgrounds may HOMEOWNERS
ASSOCIATION be donated to the (HOA) of the project
with the consent of the city or municipality concerned.
• No portion of the parks and playgrounds donated
thereafter shall be converted to any other purpose or
purposes. (Sec. 31 of PD 957, as amended by PD 1216)
 OPEN SPACE
Q: Can a developer sell the subdivision’s open space?
A: No. The law expressly provides that open spaces in
subdivisions are reserved for public use and are beyond the commerce
of man (PD 1216, second Whereas clause). As such, these open spaces
are not susceptible of private ownership and appropriation (Liwag vs.
Happy Glen Loop Homeowners Association, Inc., G. R. No. 189755.
July 4, 2012).
Q: Do areas reserved for water facilities form part of the
open space?
A: Yes. Water is a basic need in human settlements without which
the community would not survive. While PD 1216 makes no specific
mention of areas reserved for water facilities, the enumeration therein
refers to areas reserved for the common welfare of the community.
Thus, the phrase “(and) other similar facilities and amenities” should be
interpreted in like manner.
 OPEN SPACE
*
Hence, based on the principle of ejusdem generis and taking into
consideration the intention of the law to create and maintain a healthy
environment in human settlements, the location of the water facility in
the subdivision must form part of the area reserved for open space
(Ibid.).

Q: Can a chapel be constructed in an open space reserved

for parks and playgrounds?
A: No. An open space reserved for parks and playground is non-
buildable and the construction of a chapel or other subdivision facilities
may only be done in an open space not reserved for parks and
playground.

* Of the same kind or nature

ROLES OF THE LGUs UNDER RA 7279
1. Preparation of a comprehensive land use plan (Secs.
6 and 39);
2. Conduct of inventory of all lands and updating of the
same every three (3) years (Sec. 7);
3. Identification of lands for socialized housing &
resettlement (Sec. 8);
4. Certification on the blighted status of lands available
for socialized housing (Sec. 13);
5. Registration of qualified socialized housing
beneficiaries (Sec. 17);
6. Balanced housing development (Sec. 18);
ROLES OF THE LGUs UNDER RA 7279
7. Provision of basic services and facilities (Sec. 21);
8. Ensuring the participation of beneficiaries in the
decision-making process (Sec.23);
9. Adoption of measures to curtail the nefarious
activities of professional squatters & squatting
syndicates (Sec. 27);
10. Implementation of eviction and demolition orders and
provision adequate relocation and financial assistance
(Sec. 28);
11. Relocation & resettlement of persons living in danger
areas and the provision of relocation sites with basic
services & facilities and access to livelihood (Sec. 29);
ROLES OF THE LGUs UNDER RA 7279
12. Prevention of the construction of illegal dwelling units
or structures within their respective localities (Sec.
30);
13. Provision of assistance to the NHMFC (now the SHFC)
in organizing the Community Mortgage Program
(CMP) beneficiaries (Sec. 33);
14. Promotion of the use of indigenous and alternative
technologies for socialized housing (Sec. 34); and
15. Imposition, at its option, of additional ½ percent
(0.5%) socialized housing tax on assessed value of
lands in excess of P50,000.00 (Sec. 43).
National Urban Development
and Housing Framework
• The National Urban Development and Housing
Framework (NUDHF) is the development framework for
urban and urbanizing areas aimed at achieving the
objectives of RA 7279 or UDHA.
• It provides an overarching framework for urban
development and housing, consisting of a vision, policy
statements, and strategies, encompassing core
development sectors and spatial elements.
• It is intended to guide the efforts of the Philippine
government, private sector, and other stakeholders in
improving the performance and efficiency of the
country's urban systems.
National Urban Development
and Housing Framework
• Who are its end-users?
• The NUDHF is intended to be used primarily to guide the
formulation and implementation of plans, programs, and activities
(PPAs) of national government agencies (NGAs) and local
government units (LGUs).
• It provides information and possible avenues of collaboration with
the:
1. private sector;
2. academe;
3. nongovernment organizations;
4. professional organizations;
5. people’s organizations; and
6. other stakeholders.
National Urban Development
and Housing Framework
• What is its rationale?
• The NUDHF, which was first crafted in 1993, addresses
the need for an overall framework for policy and
strategy, based on a clear urban development vision. It
contains a set of policy statements, strategies, and
implementation measures intended to guide public and
private sector efforts towards sustainable urban
development and housing.
• Since 1993, there have been two (2) updates of the
Framework (1999 and 2009) leading up to the current
iteration.
National Urban Development
and Housing Framework
• What are its legal anchors?
• Section 6, Article III of RA 7279 or the UDHA which
mandates the Housing and Land Use Regulatory Board
(HLURB), under the direction of the Housing and Urban
Development Coordinating Council (HUDCC), to
formulate the NUDHF in coordination with all local
government units (LGUs) and other concerned public
and private sectors.
• RA 9729 or the Climate Change Act of 2009 (CCA) and
its amending law which seeks to build national and local
resilience to climate change-related disasters and protect
and advance the people’s right to a healthful ecology.
National Urban Development
and Housing Framework
• RA 10121 or the Disaster Risk Reduction Management
Act of 2010 which provides for the development of
policies and plans and the implementation of actions and
measures pertaining to all aspects of disaster risk
reduction and management, including:
1. good governance;
2. risk assessment and early warning;
3. knowledge building and awareness raising;
4. reducing underlying risk factors; and
5. preparedness for effective response and early
recovery.
National Urban Development
and Housing Framework
• Section 16 of the Local Government Code (RA 7160) which directs
LGUs to exercise their powers for efficient and effective governance
and to promote the general welfare by ensuring and supporting the:
1. preservation and enrichment of culture;
2. promotion of health and safety;
3. enhancement of the right of the people to a balanced ecology;
4. development of appropriate and self-reliant scientific and
technological capabilities;
5. improvement of public morals;
6. enhancement of economic prosperity and social justice;
7. promotion of full employment among their residents;
8. maintenance of peace and order; and
9. preservation of the comfort and convenience of their
inhabitants.
National Urban Development
and Housing Framework
• Agenda 2030 and the Sustainable Development Goals (SDGs):
– The 17 SDGs set the course for the global effort to end all forms
of poverty, fight inequalities, and tackle climate change, while
ensuring that no one is left behind.
– Specifically, SDG 11 aims to “make cities and human settlements
inclusive, safe, resilient, and sustainable.”
• The New Urban Agenda aims to:
1. address urban poverty and social exclusion;
2. enhance and extend human rights perspectives in their
application to cities and human settlements; and
3. embrace a shift in the predominant urban pattern to minimize
socio-spatial injustices and enhance equity, socio-spatial
inclusion, political participation, and a decent life for all
inhabitants.
BALANCED HOUSING DEVELOPMENT
• Section 27 of RA 7279, as amended by RA 10884:
"Balanced Housing Development” refers to the
requirement that owners or developers of residential
subdivision and condominium projects shall develop an
area for socialized housing equivalent to at least:
a) fifteen percent (15%) of the total subdivision project area or
total subdivision project cost; or
b) five percent (5%) of condominium area or condominium project
cost. (Per Section 18 of RA 7279, as amended by RA 10884).
• The balanced housing development may also be
complied with through the other manners as may be
provided under the law and the rules and guidelines
issued by the HLURB.
 RESETTLEMENT PROGRAM
• Resettlement of persons living in:
1. danger areas (esteros, railroad tracks, garbage dump,
riverbanks shorelines and waterways); and
2. public places (sidewalks, roads, parks and playgrounds)
• The LGUs, in coordination with the NHA, are tasked to:
1. provide relocation or resettlement sites with basic
services and facilities; and
2. provide access to employment opportunities sufficient to
meet the basic needs of the affected families.
• RA 7279 requires that this program shall be undertaken within
two (2) years from the date of its effectivity (March 29, 1992 -
March 29, 1994).
PROFESSIONAL SQUATTERS AND
SQUATTING SYNDICATES (PSSS)

• Section 27 of RA 7279
The LGUs, in coordination with the PNP, the
PCUP and the PCUP-accredited urban poor
association in the area, shall adopt measures to
IDENTIFY and effectively CURTAIL the nefarious
and illegal activities of PROFESSIONAL
SQUATTERS AND SQUATTING SYNDICATES
(PSSS).
 SQUATTING SYNDICATES

• “Squatting syndicates” refers to groups

of persons engaged in the business of
squatter housing for profit or gain. [Sec. 3
(s), RA 7279].
 PROFESSIONAL SQUATTERS

• "Professional squatters"
refers to individuals or groups
who:
1. occupy lands without the
express consent of the
landowner; and
2. have sufficient income for
legitimate housing.
 PROFESSIONAL SQUATTERS
• The term shall also apply to:
1. persons who have previously been awarded
homelots or housing units by the
Government but who:
– sold;
– leased; or
– transferred the same to settle illegally in
the same place or in another urban area;
and
2. non-bona fide occupants and intruders of
lands reserved for socialized housing.
 PROFESSIONAL SQUATTERS

• The term shall NOT apply to individuals or

groups who simply rent land and housing
from professional squatters or squatting
syndicates. [Sec. 3 (m), RA 7279].
 Executive Order No. 129
Issued on October 15, 1993
“Establishing an Institutional Mechanism to
Curtail the Activities of Squatting Syndicates and
Professional Squatters and Intensifying the Drive
Against Them”
Salient Features:
 Creation of the National Committee
Against Squatting Syndicates and
Professional Squatters (NCASSPS)
• DILG as Chair;
• HUDCC as Co-Chair; and
• DOJ, PCUP, PNP, NBI, PCUP-accredited
People’s Organization (PO) and Non-
Government Organization (NGO), as
members.
 Salient Features of EO 129
 Creation of a Local Committee Against
Squatting Syndicates and Professional
Squatters (LCASSPS) in all Local
Government Units (LGUs), with the
• Mayor, as Chair; and the ff. as members:
 Local Chief, PNP;
 Presidential Commission for the Urban
Poor (PCUP);
 PCUP-accredited People’s Org. (PO); and
 Representative from the private sector
chosen by the above members.
 Salient Features of EO 129

 Functions of the Local Committee

 Adopt measures to identify and curtail the
activities of PSSS;
 Provide HUDCC and NHA the list of PSSS
to be used as basis for disqualification
from future govt. housing
programs/projects;
 Provide legal assistance to victims of
PSSS and make available the list of PSSS
through the PNP and DOJ;
 File proper charges before the Court or
the Prosecutor’s Office;
 Salient Features of EO 129

 Functions of the Local Committee

 Undertake investigation on violation cases
on demolition and eviction and recommend
proper actions to the concerned agencies;
 Monitor demolition and eviction activities;
and
 Submit reports to the National CASSPS,
Office of the President and concerned
agencies such as the HUDCC.
 Salient Features of EO 129

 Action Against Offenders

 LGU, upon the recommendation of its Local
CASSPS, shall summarily evict the offenders
and demolish their structures
 LGU, PCUP and PNP shall monitor new illegal
entrants per Sec. 30 of RA 7279;
 Concerned agencies shall enforce the penalty
provided for under Section 45 of RA 7279.
 Salient Features of EO 129

• Sec. 30. Prohibition Against New Illegal

Structures. — It shall be unlawful for any person to
construct any structure in areas mentioned in the
preceding section (danger areas such as esteros,
railroad tracks, garbage dumps, riverbanks,
shorelines, waterways, and in other public places
as sidewalks, roads, parks, and playgrounds).
•After the effectivity of this Act (RA 7279), the barangay,
municipal or city government units shall prevent the
construction of any kind of illegal dwelling units
or structures within their respective localities.
 Salient Features of EO 129

• The head of any local government unit concerned who

allows, abets or otherwise tolerates the construction
of any structure in violation of this section (Section 30)
shall be liable to:
1. administrative sanctions under existing laws; and
2. penal sanctions provided for in this Act (Section 45
of RA 7279) .
 Penalty Provisions of UDHA

• Any person or group identified as professional

squatters and squatting syndicates (PSSS)
shall be:
1. summarily evicted and their dwellings or
structures demolished; and
2. disqualified to avail of the benefits of the
Program. (Sec. 27, RA 7279)
 Penalty Provisions of UDHA

• Professional squatters or members of squatting

syndicates shall be imposed the penalty of:
1. six (6) years imprisonment; or
2. a fine of not less than Sixty thousand pesos
(P60,000.00) but not more than One hundred
thousand pesos (P100,000); or
3. both, at the discretion of the court. (Sec. 30, RA
7279)
• A public official who tolerates or abets the
commission of the abovementioned acts shall be
dealt with in accordance with existing laws. (Sec.
30, RA 7279)
 Penalty Provisions of UDHA

• Any person who violates any provision of RA 7279

shall be imposed the penalty of:
1. not more than six (6) years of imprisonment; or
2. a fine of not less than Five thousand pesos
(P5,000) but not more than One hundred
thousand pesos (P100,000); or
3. both, at the discretion of the court:
Provided, That, if the offender is a corporation,
partnership, association or other juridical entity, the
penalty shall be imposed on the officer or officers of
said corporation, partnership, association or juridical
entity who caused the violation. (Sec. 27, RA 7279)
 EVICTION AND DEMOLITION
• Eviction or demolition as a practice is discouraged.
• Eviction or demolition may only be allowed under any of
the following situations:
1. When persons or entities occupy danger areas such
as esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and other public
places such as sidewalks, roads, parks, and
playgrounds;
2. When government infrastructure projects with
available funding are about to be implemented; or
3. When there is a court order for eviction and
demolition. (Sec. 28, RA 7279)
 EVICTION AND DEMOLITION
• MANDATORY REQUIREMENTS in the execution of eviction
or demolition involving underprivileged and homeless
citizens:
1. 30-day prior notice to affected persons or entities;
2. Adequate consultations with families to be resettled and
the communities where they are to be resettled;
3. Presence of local officials during eviction or demolition;
4. Proper identification of all persons taking part in the
demolition;
5. Execution of eviction or demolition only during regular
office hours from Mondays to Fridays and during good
weather, unless the affected families consent otherwise;
6. No use of heavy equipment for demolition except for
structures that are permanent and of concrete materials;
 EVICTION AND DEMOLITION
7. Proper uniforms for members of the PNP; and
8. Adequate relocation, whether temporary or permanent.

Provided, however, That in cases of eviction and demolition

pursuant to a court order involving underprivileged and
homeless citizens, relocation shall be undertaken by the LGU
concerned and the NHA with the assistance of other
government agencies within 45 days from service of notice
of final judgment by the court, after which period the said
order shall be executed:

Provided further, That should relocation not be possible

within the said period, financial assistance in the amount
equivalent to the prevailing minimum daily wage X 60 days
shall be extended to the affected families by the LGU.
 Housing & Urban Development
Coordinating Council

• The HUDCC was created on December 17, 1986 by

virtue of Executive Order No. 90 which abolished the
Ministry of Human Settlements;
• It coordinates the activities of the government
housing agencies or Key Shelter Agencies (KSAs) to
ensure the accomplishment of the National Shelter
Program (NSP).
 COMPOSITION OF THE HUDC
COUNCIL
• The Council is chaired by the HUDCC Chairman, with the
following as members:
• Key Housing Agencies:
1. National Housing Authority (NHA),
2. National Home Mortgage Finance Corporation (NHMFC),
3. Social Housing Finance Corporation (SHFC),
4. Home Guaranty Corporation (HGC), and
5. Housing and Land Use Regulatory Board (HLURB);
• Key Finance Agencies:
1. Home Development Mutual Fund (HDMF or Pag-IBIG Fund),
2. Social Security System (SSS), and
3. Government Service Insurance System (GSIS);
 COMPOSITION OF THE
HUDC COUNCIL
• Support Agencies:
1. National Economic and Development Authority (NEDA),
2. Department of Finance (DOF),
3. Department of Budget and Management (DBM),
4. Department of Public Works and Highways (DPWH),
5. Development Bank of the Philippines (DBP),
6. Metro Manila Development Authority (MMDA), and
7. Presidential Management Staff (PMS); and
• Two (2) representatives from the Private Sector
representing any of the following groups: developers,
bankers, contractors, professionals, and low-income
beneficiaries.
 COUNCIL SECRETARIAT

• The HUDC Council is supported by a Secretariat which is

headed by a Secretary–General.
• The Secretary-General is an ex-officio member of the
Council and is responsible for the execution and
administration of its approved policies and measures.
HUDCC’s MANDATE UNDER EO 90

• Formulation of national goals and strategies for

housing and urban development;

• Overall supervision of the Key Shelter Agencies

(KSAs);

• Monitoring, review and evaluation the effective

exercise and performance by these KSAs of their
respective mandates.
HUDCC’s ROLE UNDER RA 7279
• The HUDCC, through the KSAs, is mandated to
provide the LGUs with necessary support such as:
1. Formulation of standards and guidelines as well as
providing technical support in the preparation of town and
land use plans;
2. In coordination with NEDA and the NSO (now the Philippine
Statistics Authority or PSA), provision of data and
information for forward-planning by the LGUs in their
areas, particularly on projections as to the population and
development trends in their localities and the corresponding
investment programs needed to provide appropriate types
and levels of infrastructure, utilities, services and land use
patterns; and
3. Assistance in obtaining funds and other resources needed
in the urban development and housing programs in their
areas of responsibility.
AND THE KEY SHELTER AGENCIES
 THE KEY SHELTER AGENCIES

HOME DEVELOPMENT MUTUAL FUND – more popularly

known as the Pag-IBIG Fund, is charged with the
development of a savings scheme for home acquisition
by private and government employees.
 THE KEY SHELTER AGENCIES

HOUSING AND LAND USE REGULATORY BOARD –

the sole regulatory body for housing and land
development. It is the planning, regulatory and
quasi-judicial body for land use development and
real estate and housing regulation. These roles
are done via a triad of strategies namely, policy
development, planning and regulation.
 THE KEY SHELTER AGENCIES

SOCIAL HOUSING FINANCE CORPORATION – tasked with

the implementation of the:
1. Community Mortgage Program (CMP);
2. Localized CMP (LCMP);
3. Abot-Kaya Pabahay Fund (AKPF); and
4. High-Density Housing (HDH).
 THE KEY SHELTER AGENCIES

•NATIONAL HOME MORTGAGE FINANCE CORPORATION

– Major home mortgage institution mandated to
develop and provide for a secondary home mortgage
market and charged with the development of a system
that will attract private institutional funds into long-
term housing mortgages.
(Executive Order No. 90, Series of 1986)

•HOME GUARANTY CORPORATION – Extends guarantees on housing

loans to encourage funders and financial institutions to provide
financing for home acquisitions and mass housing development. The
guaranty programs of HGC include:
1. Retail Guaranty – This covers individual housing loan and
contract-to-sell receivables.
2. Developmental Loan Guaranty - a guaranty facility covering
loans extended for the development of subdivisions,
townhouses, dormitories, apartments and other residential
dwellings.
Recently, however, the President issued Executive Order No. 58
merging the HGC with PhilExim, the surviving entity which will now
be known as the PhilGuarantee.
(Executive Order No. 90, Series of 1986)

•NATIONAL HOUSING AUTHORITY - The sole government agency

engaged in the direct shelter provision particularly for the bottom
30% of the urban income earners. The NHA administers the
following housing programs for the low-income families:
1. Community Initiative approach for Manila ISFs - Resettlement
Assistance Program
2. P50 Billion Housing Program for ISFS living in Danger Areas in
Metro Manila
3. Regional Resettlement Assistance Program (RRAP) Settlements
Upgrading Program
4. Housing Assistance for Calamity Victims
5. Housing for military and police personnel (AFP/PNP/BJMP/BFP)
•RA 7160 (S. 1991) OR THE LOCAL GOVERNMENT CODE–
Lays down the groundwork for a decentralized regime in
the country and the devolution of housing and urban
development functions from the central government
agencies to the LGUs.

RA 7835 (S. 1994) OR THE COMPREHENSIVE AND

INTEGRATED SHELTER FINANCE ACT (CISFA) –
Regularizes and increases the annual appropriation to
the pro-poor program components of the Government
Shelter Program through the allocation of p38.5 billion
for the period 1995-2002.
•RA 8763 (S. 2000) OR THE HOME GUARANTY ACT –
Creates the Home Guaranty Corporation (HGC) as the
sole government guaranty arm for housing development.
this act mandates the HUDCC and NEDA to jointly
determine the respective ceilings for socialized, low-cost,
medium-cost, and open housing loan ceilings, provided,
that at any time, but not more often than once every two
(2) years, such ceilings may be reviewed or revised to
conform to prevailing economic conditions.

RA 9397 AMENDING THE URBAN DEVELOPMENT AND

HOUSING ACT - Authorizes the HUDCC to certify lands
for socialized housing. This certification is needed for
the availment of tax incentives from the BIR.
•R.A. 9507 (S. 2008) OR AN ACT ESTABLISHING
SOCIALIZED AND LOW-COST RESTRUCTURING PROGRAM -
Gives reprieve to delinquent home borrowers through
the condonation and restructuring of their original
principal loan amount not to exceed P2.5 m. HUDCC is
tasked to formulate the IRRs on the condonation and
restructuring of delinquent home borrowers the original
principal amount of which does not exceed P2.5 million.
• RA 9653 (S. 2009) OR AN ACT ESTABLISHING REFORMS IN THE
REGULATION OF RENT OF CERTAIN RESIDENTIAL UNITS,
PROVIDING THE MECHANISMS THEREFORE AND FOR OTHER
PURPOSES - Protects tenants from unreasonable increases in
rental prices and eviction. Grants HUDCC the authority to
determine whether to continue or discontinue the regulation of
rental of certain residential units. If the decision is to continue
rental regulation, HUDCC shall determine the period of
regulation and its subsequent extensions, if warranted, the
residential units covered, and shall adjust the allowable limit on
rental increases per annum.
• If the decision is to discontinue, HUDCC and its attached agencies
are mandated to formulate and implement a 2-year transition
program which will provide for safety measures to cushion the
impact in the event of a regulation-free rental housing market.
 RA 9697 (S. 2009) OR “AN ACT FURTHER STRENGTHENING THE
HOME DEVELOPMENT MUTUAL FUND AND FOR OTHER PURPOSES
 reinstates the tax exemption status of the Fund to increase
dividend payments to its members;
 mandates the Fund to invest not less than 70% of its investible
funds to housing; and
 increases fund coverage by mandating the enrollment of:
a) all employees and employers covered by the SSS and the GSIS, including
the uniformed members of the Armed Forces of the Philippines, the
Bureau of Fire Protection, the Bureau of Jail Management and Penology,
and the Philippine National Police;
b) Filipinos employed by foreign-based employers;
c) spouses who devote full time to managing the household and family
affairs, unless they also engage in another vocation or employment
which is subject to mandatory coverage; and
d) other working groups, with or without employer contributions, as may be
determined by the Board of Trustees.
• RA 10884 (S. 2016) OR “AN ACT STRENGTHENING THE BALANCED
HOUSING DEVELOPMENT PROGRAM, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 7279, AS AMENDED, OTHERWISE
KNOWN AS THE URBAN DEVELOPMENT AND HOUSING ACT OF
1992”
- Amends Section 3, paragraph r of Ra 7279 by redefining
“socialized housing” to include residential condominium units
in the types of housing programs and projects undertaken by
the government or the private sector for the underprivileged
and homeless citizens.
- Amends Section 18 of RA 7279 on Balanced Housing by:
1. requiring owners and/or developers of proposed
subdivision and condominium projects to develop an area
for socialized housing;
2. exempting owners and/or developers of proposed
socialized subdivision and condominium projects from the
said requirement;
3. requiring that the area for socialized housing should be
equivalent to:
• at least fifteen percent (15%) of the total subdivision
area or subdivision project cost; or
• at least five percent (5%) of condominium area or
project cost; and
4. complying with the balanced housing requirement via:
• development of socialized housing in a new settlement;
• joint-venture projects for socialized housing with the
local government, housing agencies, or another private
developer or accredited NGO by the HLURB; or
• development of education facilities in an existing
socialized housing area.
• RA 11201 (S. 2019) OR “AN ACT CREATING THE
DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN
DEVELOPMENT, DEFINING ITS MANDATE, POWERS AND
FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR”
• The law creates the Department of Human Settlements
and Urban Development (DHSUD) through the
consolidation of:
1. the Housing and Urban Development Coordinating
Council (HUDCC); and
2. the Housing and Land Use Regulatory Board (HLURB).
• The Department shall act as the primary national
government entity responsible for the management of
housing, human settlement and urban development.
• The DHSUD shall be the sole and main planning and policy-
making, regulatory, program coordination, and performance
monitoring entity for all housing, human settlement and urban
development concerns, primarily focusing on the access to and
the affordability of basic human needs.*
• It shall develop and adopt a national strategy to immediately
address the provision of adequate** and affordable housing to
all Filipinos, and shall ensure the alignment of the policies,
programs, and projects of all its attached agencies to facilitate
the achievement of this objective.

*Food, housing, health, education, electricity and transportation.

** Adequate housing is more than just four walls and a roof. It is the right of
every person to gain and sustain a safe and secure home and community in which
to live in peace and dignity.
• The Department exercises administrative supervision
over the following housing agencies which shall remain
to be attached for purposes of policy and program
coordination, monitoring and evaluation:
a) National Housing Authority (NHA);
b) National Home Mortgage Finance Corporation (NHMFC);
c) Home Development Mutual Fund (HDMF); and
d) Social Housing Finance Corporation (SHFC).
• The DHSUD shall exercise the following powers and functions:
I. Policy Development, Coordination, Monitoring and
Evaluation
a) Formulate a national housing and urban development
policies, strategies and standards that are consistent
with the Philippine Development Plan to promote social
and economic welfare, in coordination and in
consultation with national and local stakeholders, local
government units (LGUs), and other government
agencies;
b) Formulate housing finance and production policies,
recommend and facilitate the development of
mechanisms that promote the establishment of a self-
sustaining housing finance and housing delivery
systems in coordination with the relevant agencies;
c) Formulate housing policies and programs, such as
public housing, in coordination with the attached
agencies, for the homeless and underprivileged
families;
d) Conduct continuing and comprehensive studies and
research necessary for housing and urban development;
e) Formulate a framework for resilient housing and
human settlements as a basis for the mechanisms for
post-disaster housing and resiliency planning, research
and development, extension, monitoring and evaluation
of programs, projects and activities to protect
vulnerable communities from the adverse effects of
climate change and disasters; and
 f) In the exercise of its oversight functions, develop and
establish a sector performance monitoring and
assessment mechanism to accurately and independently
report on the performance of national government
agencies and LGUs involved in the housing and urban
development.
II. Environmental, Land Use and Urban Planning and
Development
a) Develop and maintain a shelter and urban development
management, standards and monitoring information
system which shall include, but not be limited to, the
following data sets:
• inventory of idle lands;
• CLUPs;
• inventory of housing stocks; and
• list of beneficiaries:
 • Provided, That notwithstanding this provision, all
existing CLUPs duly approved and being implemented
by the LGUs shall remain in full force and effect for the
duration of the period as stated therein:
• Provided, further, That upon enactment of RA 11201,
the LGUs may improve, amend and enhance their
existing CLUPs in accordance with the standards set by
the Department;
b) Provide technical assistance to provinces, cities and
municipalities in building their capability to undertake
housing and urban development and management, such as,
but not limited to:
• creating a Local Housing Board (LHB) or similar entity;
• formulating CLUPs and local shelter plans (LSPs); and
• strengthening local government compliance with housing
and urban development laws, standards and guidelines;
c) Assist the LGUs in the utilization of the socialized housing
tax, as provided in Section 43 of Republic Act No. 7279,
and other sources of funds for housing which shall be
exclusively used for new settlement projects, and other
housing, urban development and renewal projects;
d) Own and administer government-owned lands, whether
owned by the national government or any of its
subdivisions, instrumentalities, or agencies, including
government-owned or -controlled corporations (GOCCs) and
their subsidiaries, which have not been used for the purpose
for which they have been originally reserved or set aside for
at least ten (10) years and identified by the Department as
suitable for urban development, particularly for housing
purposes:
Provided, That the lands held in trust by the GOCCs for and
on behalf of their members shall be excluded from the
coverage hereof;
 e) Formulate and prescribe land use planning and zoning
standards and regulations for the guidance of cities and
municipalities in the formulation of their respective CLUPs;
and
f) Develop and implement a comprehensive plan for the
establishment of government centers in the country.
III. Housing and Real Estate Development Regulation
a) Develop mechanisms and implement programs, in
coordination with attached agencies and concerned
agencies, that will initiate and promote the establishment
of estate and new towns, new settlements, urban renewal
programs, and prototypes of housing and urban
development interventions, including the people’s plan
approach, while encouraging the participation therein of
local government partnerships with civil society
organizations, nongovernment organizations, private
groups and communities;
b) Manage and oversee the development of proclaimed socialized
and economic housing sites, including the use of these land
assets as resource mobilization strategy to raise alternative
resources in developing new housing projects and efficient
financing programs, either by itself or through its attached
agencies;
c) Implement a single regulatory system that shall govern all
activities relative to the planning, production, marketing, and
management of housing and urban development projects; and
d) Take over unfinished, incomplete or abandoned licensed real
estate development projects under Presidential Decree No.
957, in coordination with the appropriate government
agencies and instrumentalities, under such guidelines as may
be formulated.
Further, the Department shall be in charge of regulating the
use of road and street systems of projects taken over under
this provisions.
d) Homeowners Association and Community-Development
a) Register, regulate and supervise the homeowners associations
(HOAs) in subdivision projects and government housing
projects;
b) Provide technical assistance to encourage housing cooperatives
and civil society organizations to serve as the implementing
agencies of their housing and urban development programs;
c) Promote and encourage partnerships between the government
and private sectors for the provision of decent housing,
suitable living environment, and expanded economic
opportunities specially for the homeless and underprivileged
citizens; and
d) Effect and oversee a single regulatory system that shall govern
all activities relative to the planning, development,
production, marketing, and management of housing and
urban development projects, without encroaching on the
jurisdiction of other agencies.
In sum, the functions of the HLURB transferred to DHSUD are:
a) The land use planning and monitoring function, including the
imposition of penalties for non-compliance to ensure that
LGUs will follow the planning guidelines and implement their
CLUPs and zoning ordinances;
b) The regulatory function, including the formulation,
promulgation, and enforcement of rules, standards and
guidelines over subdivisions, condominiums and similar real
estate developments; and
c) The registration, regulation and supervision of HOAs.
Q: What is a land use plan?
A: Section 3(k) of RA 7279 (UDHA) defines a land use plan as a
“rational approach of allocating available resources as equitably as
possible among competing user groups and for different functions
consistent with the development plan of the area and the Program
under this Act;”

Q: What is a Comprehensive Land Use Plan (CLUP)?

A: A Comprehensive Land Use Plan (CLUP) consists of:
1. a map showing how the use of land in a specific area will
be regulated;
2. a written document containing a profile of the Local
Government Unit (LGU), its vision and the strategies on how
it will achieve its vision.
Q: What are the fundamental reasons for the formulation of a
CLUP?
A: The reasons for the formulation or revision of a CLUP are:
1. To achieve an improved quality of life;
2. To guide the orderly development of a city or municipality
to promote the health, safety,
3. welfare and convenience of the population;
4. To promote sustainable development;
5. To preserve special natural features and environmentally
critical areas; land for settlements, industries and other
urban uses on land least suitable for agricultural and
farming uses;
6. To serve as basis for reclassifying and converting land;
7. To reflect changes in the physical, social and economic
characteristics of the community;
8. To incorporate changes in the goals and objectives of the
community.
9. To translate socio-economic policies into physical policies
and plans;
10. To comply with the requirements of Article 41 of the
Implementing Rules and Regulations of the Local
Government Code of 1991 (Sec. 20, RA 7160);
11. To provide guidelines for the appropriate use of natural
resources;
12. To allocate document containing a profile of the Local
Government Unit (LGU), its vision and the strategies on
how it will achieve its vision.
13. To translate socio-economic policies into physical policies
and plans;
8. To comply with the requirements of Article 41 of the
Implementing Rules and Regulations of the Local
Government Code of 1991 (Sec. 20, RA 7160);
9. To provide guidelines for the appropriate use of natural
resources; and
10. To allocate document containing a profile of the Local
Government Unit (LGU), its vision and the strategies on
how it will achieve its vision.
Q: What are the legal bases for the LGUs’
authority to regulate the use of property within their
respective jurisdictions through the formulation of
CLUPs and enactment of zoning ordinances?
A: The specific mandates of the LGUs on land use
planning can be found in the following provisions of
the Local Government Code (LGC) of 1991 or Republic
Act 7160 provides thus:
“Section 16. General Welfare. - Every local
government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well
as powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which are
essential to the promotion of the general welfare.”
 “Section 20. Reclassification of Lands. – Xxx.
“(c) The local government units shall, in conformity
with existing laws, continue to prepare their respective
comprehensive land use plans enacted through zoning
ordinances which shall be the primary and dominant
bases for the future use of land resources:
Provided, That the requirements for food production,
human settlements, and industrial expansion shall be
taken into consideration in the preparation of such
plans;”
Sections 447(a)(2)(vii) and 458(a)(2)(vii):
“Adopt a comprehensive land use plan for the
municipality/city:
Provided, That the formulation, adoption, or
modification of said plan shall be in coordination with the
approved provincial comprehensive land use plan;”
 Sections 447(a)(2)(vii) and 458(a)(2)(vii):
“Enact integrated zoning ordinances in consonance
with the approved comprehensive land use plan,
subject to existing laws, rules and regulations;”

Sections 447(a)(2)(vi) and 458(a)(2)(vi):

“Prescribe reasonable limits and restraints on the
use of property within the jurisdiction of the city;” and

Sections 444(b)(3)(vii) and 455 (b) (3) (vii):

“Adopt measures to safeguard and conserve land,
mineral, marine, forest, and other resources of the
municipality/city.”
Q: Which bodies review and approve the CLUP?
A: Sections 1(a) and (c) and 2(a), (e) and (f) of
Executive Order No. 72, Series of 1993, provide:
“1(a) Cities and municipalities shall continue to prepare
or update their Comprehensive Land Use Plans, in
conformity with the land use planning standards and
guidelines prescribed by the HLURB (now the DHSUD)
and to national policies;”
X x x;
“1(c) Cities and municipalities of Metro Manila shall
continue to formulate or update their respective land
use plans, in conformity with the land use planning and
zoning standards and guidelines prescribed by HLURB
(now the DHSUD) ;”
 “2(a) xxx the powers of the HLURB to review and
approve the Comprehensive Land Use Plans of
component cities and municipalities are hereby
devolved to the province;”
X x x;
“2(e) Pursuant to LOI 729, S. of 1987, EO 648, S. of
1981 and RA 7279, the Comprehensive Land Use Plans
of provinces, highly-urbanized cities and independent
component cities shall be reviewed and ratified by the
HLURB (now the DHSUD) to ensure compliance with
national standards and guidelines;” and
“2(f) Pursuant to EO 392, S. of 1990, the
Comprehensive Land Use Plans of cities and
municipalities of Metropolitan Manila shall be
reviewed by HLURB (now the DHSUD) to ensure
compliance with national standards and guidelines”.
Q: How is the CLUP approved by the LGU?
A: The CLUP shall be enacted by the concerned LGU
through a Zoning Ordinance (ZO) or as an integral part
thereof.
Q: When is a CLUP and a ZO considered as complying
with the mandate of the LGC?
A: A CLUP and a ZO are deemed compliant when it
covers the entire territorial jurisdiction of the concerned
LGU. The ZO shall, therefore, cover not only the specific
urban or urbanizable areas of an LGU but also the entire
areas covered by the CLUP.
Q: What are the benefits of a CLUP to an LGU?
A: An LGU will benefit from an approved CLUP by,
among others, having legal justification for its zoning laws
and by providing a guide for its would-be investors where
businesses within the LGU can be located.
In the area of real estate and housing regulations, the
DHSUD shall perform the following functions previously
done by the HLURB:
1. Approval of condominium plans (PD 957);
2. Approval of the expansion of a condominium
corporation or integration of a condominium project
with another project upon the affirmative vote of a
simple majority of registered owners (RA 7899);
3. Approval of the Master Deed and Declaration of
Restrictions of condominium projects and any
amendment or revocation thereof decided upon by a
simple majority of all the registered owners
(concurrently with the City or Municipal Engineer);
4. Assurance of completion of projects (PD 957);
5. Assurance of compliance with the balanced housing
development requirement (Sec 18, RA 7279);
6. Issuance of Licenses to Sell;
7. Issuance of Locational Clearances for projects
considered to be of national or regional economic or
environmental significance;
8. Issuance of sales and mortgage clearances for the
protection of rights of tenants in the urban and land
reform zones and areas for priority development (PD
1517);
9. Monitoring the development and construction of
registered or licensed projects;
10. Registration and licensing of subdivision and
condominium projects, farm lots, memorial parks and
columbaria;
11. Registration and supervision of homeowners’
associations (HOAs);
12. Registration of real estate brokers, dealers and
salesmen engaged in selling projects under HLURB’s
jurisdiction;
13. Updating and revision of the rules, guidelines and
standards on housing and real estate for residential
subdivisions and condominiums (PD 957) and economic
and socialized housing projects (BP 220);
14. Such other functions as the DSHUD may be mandated to
perform pursuant to RA 11201 and other laws.
The adjudicatory mandate of HLURB is transferred to the
Human Settlements Adjudicatory Commission (HSAC).
It shall, through its Regional Adjudicators, exercise original
and exclusive jurisdiction to hear and decide cases involving
the following:
(a) Cases involving subdivisions, condominiums, memorial
parks and similar real estate developments:
(1) Actions concerning unsound real estate business
practices filed by buyers or homeowners against the project
owner or developer, which cause prejudice to the buyers or
committed with bad faith and disregard of the buyers’
rights;
(2) Claims for refund, and other claims filed by subdivision
lot or condominium unit buyer against the project owner,
developer, dealer, broker or salesman;
(3) Cases involving specific performance or contractual and
statutory obligations arising from the sale of the lot or unit
and development of the subdivision or condominium
project;
(4) Disputes involving the open spaces or common areas and
their use filed by the project owner or developer or the duly
registered HOA, including the eviction of informal settlers
therein, in accordance with the requirements of law, and the
rules and regulations promulgated by duly constituted
authorities;
(5) Suits to declare subdivision, condominium or other real
estate developments within the regulatory jurisdiction of
the Department as abandoned, as defined under Section 3
of RA 11201 for the purpose of Section 35 of PD 957;
(6) Disputes involving easements within or among
subdivision projects; and
(7) Actions to annul mortgages executed in violation of
Section 18 of PD 957 filed by a subdivision lot or
condominium unit buyer against the project owner and/or
developer and the mortgagee.
(b) Cases involving Homeowners Associations (HOAs):
(1) Controversies involving the registration and regulation
of HOAs;
(2) Intra-association disputes or controversies arising out of
the relations between and among members of HOAs;
between any or all of them and the HOA of which they are
members;
(3) Inter-association disputes or controversies arising out of
the relations between and among two (2) or more HOAs
between and among federations and other umbrella
organizations, on matters pertaining to the exercise of their
rights, duties and functions; and
(4) Disputes between such HOA and the State, insofar as it
concerns their individual franchise or right to exist and
those which are intrinsically connected with the regulation
of HOAs or dealing with the internal affairs of such entity.
(c) Disputes involving the implementation of Section 18 of
RA 7279, as amended, and its IRR.
(d) Disputes or controversies involving laws and regulations
being implemented by the Department, except those cases
falling within the jurisdiction of other judicial or quasi-
judicial body.
• All transfer of functions, assets, funds, personnel, equipment,
properties, transactions, and personnel in the affected
national government agencies (of HUDCC and HLURB) and the
formulation and implementation of the internal organic
structures, staffing patterns, operations systems, and revised
budgets of the DHSUD and the HSAC shall be completed within
six (6) months from the effectivity of RA 11201 (on March 8,
2019) during which period the existing personnel of the
HUDCC and the HLURB shall continue to assume their posts in
holdover capacities until new appointments are issued.
• All applications for permits and licenses and cases pending
with the HLURB upon the effectivity of RA 11201 and filed
during the transition period shall continue to be acted upon by
the incumbents until the rules and regulations as provided
under RA 11201 shall have been in force. (Section 26, RA
11201).
• The HUDCC, HLURB, DBM and Civil Service Commission, in
coordination with NHA, SHFC, NHMFC, HDMF and other
concerned agencies, shall prepare and issue the
Implementing Rules and Regulations (IRR) of the DHSUD
within ninety (90) days upon the effectivity of RA 11201
(or up to June 6, 2019). (Section 29, RA 11201).

• The HUDCC Chairperson is authorized to undertake the

implementation of the provisions of RA 11201 and
implement the necessary organizational changes within
the specified six (6)-month transition period or until a
Department Secretary has been appointed and has
assumed office. (Section 30, RA 11201).
Maraming Salamat po!

HUDCC-Legal Services Group

15th Floor, BDO Plaza, Paseo de Roxas corner
Makati Avenue, Makati City
Tel./Fax No. (02)817-6995 www.hudcc.gov.ph

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