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The State shall ensure that poor dwellers in urban and rural areas shall not be evicted nor their
dwelling demolished, except in accordance with law.
In addition, the State shall encourage on-site development in the implementation of housing programs
and shall promote the creation of new settlements and development of sustainable urban renewal
programs.
DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN
DEVELOPMENT
a. Formulate a national housing and urban development policies and strategies 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 policies, recommend and facilitate the development of mechanisms that
promote the establishment of a self-sustaining housing finance system in coordination with the relevant
agencies.
c. Formulate and implement housing policies and programs, in coordination with the key shelter
agencies for urban poor communities and informal settler families (ISFs) that shall promote the social
and economic welfare of homeless families, particularly the poor and underprivileged.
d. Conduct continuing and comprehensive studies and research necessary for housing and
urban development.
e. In the exercise of 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 and
ensure continuing improvements in sector policy and strategy formulation.
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, comprehensive land use plans, inventory of housing stocks, and list of
beneficiaries.
b. Provide technical assistance to LGUs in strengthening its role and building the capability of
provinces, cities and municipalities as the primary entities for housing and urban development
and management, such as but not limited to: the formation of a Local Housing Board (LHB) or
similar entity, preparation of Comprehensive Land Use Plans (CLUP) and Local Shelter Plans
(LSP); and local government compliance with housing and urban development laws, standards
and guidelines.
c. Advocate for assist the LGUs in the establishment of a Special Housing Fund (SHF) which
shall be exclusively used for the new settlement projects with housing and urban development
new settlement projects and renewal projects of the LGUs.
Housing and Real Estate Development Regulation
a. Develop mechanisms and implement programs, in coordination with KSAs and concerned
agencies, that will initiate and promote the establishment of new settlements, urban renewal
programs, and prototypes of housing and urban development interventions, while facilitating the
participation therein of local government partnerships with communities, civil society organizations,
nongovernment organizations, and private groups.
b. Manage and oversee the development of proclaimed 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.
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.
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 the regulating use of road and street systems of projects taken-over under this
provisions.
Homeowners Association and Community Development
a. Register, regulate and supervise the Homeowners Associations (HOAs) and Condominium Units
Owners Associations/ Corporations (CUONCs) and other housing development associations.
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 integrated approaches that provide decent housing, suitable living environment, and
expanded economic opportunities for low and moderate income persons by development of partnerships
among all levels of government and the private sector, including for-profit and non-profit organizations.
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.
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PHILIPPINE LAWS ON HOUSING
ARTICLE I
TITLE, POLICY, PROGRAM AND DEFINITION OF TERMS
Section 1. Title. — This Act shall be known as the "Urban Development and
Housing Act of 1992."
Sec. 2. Declaration of State Policy and Program Objectives. — 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,
hereinafter referred to as the Program, which shall:
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PHILIPPINE LAWS ON HOUSING
(a) Uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement
areas by making available to them decent housing at affordable cost, basic services, and
employment opportunities;
(b) (b) Provide for the rational use and development of urban land in order to bring about the following:
(1) Equitable utilization of residential lands in urban and urbanizable areas with particular attention to
the needs and requirements of the underprivileged and homeless citizens and not merely on the
basis of market forces;
(2) Optimization of the use and productivity of land and urban resources;
(3) Development of urban areas conducive to commercial and industrial activities which can generate
more economic opportunities for the people;
(4) Reduction in urban dysfunctions, particularly those that adversely affect public health, safety and
ecology; and
(5) Access to land and housing by the underprivileged and homeless citizens;
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"Affordable cost" refers to the most (e) "Idle lands" refers to non- (l) "On-site development" refers to the process
reasonable price of land and shelter agricultural lands urban and urbanized of upgrading and rehabilitation of blighted
based on the needs and financial areas on which no improvements, as slum urban areas with a view of minimizing
capability of Program beneficiaries herein defined, have been made by the displacement of dwellers in said areas, and
and appropriate financing schemes; owner, as certified by the city, municipal with provisions for basic services as provided
or provincial assessor; for in Section 21 hereof;
(q) "Small property owners" refers to those whose only real property consists of
residential lands not exceeding three hundred square meters (300 sq.m.) in highly
urbanized cities and eight hundred square meters (800 sq.m.) in other urban areas;
(v) "Urban areas" refers to all cities regardless of their population density and to
municipalities with a population density of at least five hundred (500) persons per
square kilometers;
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PHILIPPINE LAWS ON HOUSING AND HUMAN SETTLEMENTS
Urban Development and Housing Act (RA 7279)
(Date of Effectivity: 29 March 1992)
Constitutional Basis:
Art. 13. SOCIAL JUSTICE AND HUMAN RIGHTS
Sec. 9. 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 centres and resettlement
areas. It shall also promote adequate employment
opportunities to citizens. In the implementation of such
programs the State shall respect the rights of small
property owners.
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C. Regulate and direct urban growth and expansion towards a dispersed urban net and
more balanced urban-rural interdependence;
D. 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;
E. Encourage more effective people's participation in the urban development process; and
F. Improve the capability of local government units in undertaking urban development and
housing programs and projects.
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Beneficiaries:
a comprehensive plan for urban and urbanizable areas to serve as basis for
achieving the objectives of the law
formulated by the Housing and Land Use Regulatory Board (HLURB) under the
direction of the Housing and Urban Development Coordination Council
(HUDCC) in coordination with all local government units and other concerned
public and private sectors
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UDHA
Resettlement
Program
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(1) Notice upon the effected persons or entities at least thirty (30) days prior to the
date of eviction or demolition;
(2) Adequate consultations on the matter of settlement with the duly designated
representatives of the families to be resettled and the affected communities in the
areas where they are to be relocated;
(3) Presence of local government officials or their representatives 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;
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(6) No use of heavy equipment for demolition except for structures that are permanent and of
concrete materials;
(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line
of law enforcement and observe proper disturbance control procedures; 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 local government unit concerned and the National
Housing Authority with the assistance of other government agencies within forty-five (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 multiplied by
sixty (60) days shall be extended to the affected families by the local government unit concerned.
This Department of the Interior and Local Government and the Housing and Urban Development
Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the
above provision.
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* 30-day notice
▫ adequate consultation
▫ only during office hours and good weather presence of LGU officials
▫ all those participating in demolitions must have proper ID
▫ the Philippine National Police shall be in proper uniform (their task is not to
demolish but for law enforcement and disturbance control only)
* heavy equipment shall not be used except for concrete structures
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Resettlement
▫ Within two (2) years from the effectivity of this Act, the local government units,
in coordination with the National Housing Authority, shall implement the
relocation and resettlement of persons living in danger areas such as esteros,
railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other
public places as sidewalks, roads, parks, and playgrounds. The local government
unit, in coordination with the National Housing Authority, shall provide
relocation or resettlement sites with basic services and facilities and access to
employment and livelihood opportunities sufficient to meet the basic needs of
the affected families.
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▫ Target Beneficiaries:
▫ For Medium-rise Public Housing: city relocation alternative for families affected by
relocation activities and qualified for assistance under UDHA
▫ For Medium-rise Private Housing: housing option to low-income families and to
provide rental housing stock in high-density urban areas
▫ Implementor: National Housing Authority with the participation of other
government agencies, local government units and the private sector
▫ Manner of Acquisition: units are to be disposed either through: outright sale or
lease, depending on the affordability of the beneficiaries
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EASEMENT DEFINED
Encumbrance imposed upon an immovable for the benefit of a community or one or more persons
or for the benefit of another immovable belonging to a different owner
DIFFERENT KINDS OF EASEMENTS
Art. 613. An easement or servitude is an encumbrance imposed upon an immovable for the benefit
of another immovable belonging to a different owner.
The immovable in favor of which the easement is established is called the dominant estate; that
which is subject thereto, the servient estate. (530)
REAL EASEMENT DEFINED
An easement or servitude is an encumbrance imposed upon an immovable for the benefit of another
immovable belonging to a different owner.
Art. 614. Servitudes may also be established for the benefit of a community, or of one or more
persons to whom the encumbered estate does not belong. (531)
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CHARACTERISTICS OF EASEMENT
1. A real right—action in rem is possible against the possessor of the servient estate
2. Imposable only on another’s property
3. It is a jus in realiena—real right that may be alienated although the naked ownership is maintained
4. It is a limitation or encumbrance on the servient estate for another’s benefit
a. It is essential that there be benefit
b. It is not essential that the benefit be exercised
c. It is not essential for the benefit to be very great
d. The benefit shouldn’t be so great as to completely absorb or impair the usefulness of the servant estate, for
then, this would not be merely an encumbrance but the cancellation of the rights of the servient estate
e. The benefit or utility goes to the dominant estate
f. The exercise is naturally restricted by the needs of the dominant estate or of its owner
g. Easements being an abnormal restriction on the ownership are not presumed but may be imposed by law
5. There is inherence
6. It is indivisible
7. It is in transmissible
8. It is perpetual
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CLASSIFICATION OF EASEMENTS
CLASS
According to party given the benefit
a. Real easement—for the benefit of another immovable belonging to a different owner
b. Personal easement—for the benefit of one or more persons or of a community
b. Non-apparent easement
an easement not involving any permanent visible sign of its existence (as an easement of a way
or of drawing a net upon a shore) —distinguished from apparent easement
Section 1. Any person who, with the use of force, intimidation or threat, or taking
advantage of the absence or tolerance of the landowner, succeeds in occupying or
possessing the property of the latter against his will for residential commercial or
any other purposes, shall be punished by an imprisonment ranging from six months
to one year or a fine of not less than one thousand nor more than five thousand
pesos at the discretion of the court, with subsidiary imprisonment in case of
insolvency.
If the offender is a corporation or association, the maximum penalty of five years
and the fine of five thousand pesos shall be imposed upon the president, director,
manager or managing partners thereof.
• Force
• Intimidation
• Stealth
• Threat or,
• Strategy
Unlawful Detainer: committed by any person who has an expired or terminated right to hold
possession by virtue of contract, express or implied unlawfully withholding possession from
landlord/vendor/vender or other person legally entitled to possession
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WHY THESE LAWS ARE OPPRESSIVE TO THE POOR: