Professional Documents
Culture Documents
Philippine Laws on
Housing and Human
Settlements
Presented by: Vergara, Darren Joseph B.
ARC - 5203
14-05552
1
Click to edit Master title style
2 2
Urban
Click to Development
edit Master titleand
styleHousing Act of 1992
• It first stipulates the principles governing the urban development and housing program, for
instance the state shall ensure the rational use of land and provide the affordable housing for
underprivileged and homeless citizens. The Act then requires the government to establish
inventory of lands and identify the sites for socialized housing, and sets out rules on land
acquisition and disposition.
3 3
Urban
Click to Development
edit Master titleand
styleHousing Act of 1992
• Crucially, the Act provides strategies and requirements for the socialized housing programs. It
specifies the eligibility criteria for beneficiaries, provides incentives for National Housing
Authority and private sectors, as well as sets standards on basic services and livelihood
component for those housing. It also sets out procedural safeguards on eviction, demolition and
resettlement. The Act further creates the Community Mortgage Program to assist
underprivileged and homeless citizens to purchase and develop a tract of land under the
community ownership.
• Lastly, the Act establishes a framework for the program implementation and stipulates roles and
responsibilities for the relevant housing agencies.
4 4
Urban
Click to Development
edit Master titleand
styleHousing Act of 1992
• Program Objectives:
1. 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;
2. Provide for the rational use and development of urban land;
3. Adopt workable policies to regulate and direct urban growth and expansion towards a dispersed
urban net and more balanced urban-rural interdependence;
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.
5 5
Click to edit Master title style
Human Settlement
Programs
6 6
Balanced
Click Housing
to edit Program
Master title style
7 7
UDHAtoResettlement
Click Program
edit Master title style
8 8
UDHAtoSocialized
Click edit MasterHousing
title styleProgram
9 9
Who to
Click are the
edit targeted
Master beneficiaries?
title style
10 10
Who to
Click are qualified
edit for style
Master title Socialized Housing Program?
11 11
Click to edit Master title style
12 12
Whattoisedit
Click Eviction
Masterand
titleDemolition?
style
• Eviction refers to the removal of a person and/or his belongings from a subject
building/structure or area, in accordance with law.
13 13
Eviction
Click and
to edit Demolition
Master title style
14 14
Eviction
Click and
to edit Demolition
Master title style
16 16
Typestoof
Click Eviction
edit and style
Master title Demolition
17 17
Action
Click toAgainst Professional
edit Master Squatters and Squatting
title style
Syndicates
• The local government units, in cooperation with the Philippine National Police,
the Presidential Commission for the Urban Poor (PCUP), and the PCUP-
accredited urban poor organization in the area, shall adopt measures to identify
and effectively curtail the nefarious and illegal activities of professional
squatters and squatting syndicates, as herein defined.
• Any person or group identified as such shall be summarily evicted and their
dwellings or structures demolished, and shall be disqualified to avail of the
benefits of the Program.
• A public official who tolerates or abets the commission of the abovementioned
acts shall be dealt with in accordance with existing laws.
18 18
Action
Click toAgainst Professional
edit Master Squatters and Squatting
title style
Syndicates
19 19
Click to edit Master title style
Moratorium on Eviction
and Demolition
20 20
Moratorium
Click on Eviction
to edit Master and Demolition
title style
21 21
Click to edit Master title style
22 22
Presidential
Click Decree
to edit Master No.
title 772
style
• This Decree directs the Secretaries of National Defense, Public Works and Communications,
Social Welfare and the Director of Public Works, the PHHC General Manager, the Presidential
Assistant on Housing and Rehabilitation Agency, Governors, City and Municipal Mayors, and
City and District Engineers, to remove all illegal constructions including buildings on and along
esteros and river banks, those along railroad tracks and those built without permits on public
and private property, "squatting is still a major problem in urban communities all over the
country;
• Many persons or entities found to have been unlawfully occupying public and private lands
which belong to the affluent class;
• There is a need to further intensify the government's drive against this illegal and wicked
practice;
23 23
Presidential
Click Decree
to edit Master No.
title 772
style
• Any person who succeeds in occupying or possessing the real property of another against the
latter's will through any of the following means:
1. Force
2. Intimidation
3. Threat
4. Taking advantage of the absence or tolerance of the landowner for residential, commercial
or any other purposes.
• Any person 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 imprisonment and
the fine of five thousand pesos shall be imposed upon the president, director, manager or managing
partners thereof.
24 24
Click to edit Master title style
Ejectment Laws
Forcible Entry and Unlawful Detainer
25 25
Forcible
Click Entry
to edit andtitle
Master Unlawful
style Detainer
• If the entry is illegal, then the action which may be filed against the intruder is
forcible entry. If, however, the entry is legal but the possession thereafter
becomes illegal, the case is unlawful detainer.
• Accordingly, in forcible entry, the plaintiff must allege in the complaint and prove
that he was in prior physical possession of the property in litigation until he was
deprived thereof by the defendant, but in unlawful detainer, the plaintiff need not
have prior physical possession of the property, or, elsewise stated, prior
physical possession is not an indispensable requirement in an unlawful detainer
case.
27 27
Click to edit Master title style
Easements or Servitudes
28 28
Easement
Click to editor Servitude
Master title style
• It is also called a non-possessory interest in real property because they gave the easement
holder the right to use the property but not to possess it.
• The immovable in favor of which the easement is established is called the dominant estate; that
which is subject thereto, the servient estate.
“Owner”
“User”
3030
Characteristics
Click of title
to edit Master an Easement
style or Servitude
1. Real Right - It is a real right; it must be registered in order to affect third persons;
5. Inseparability - It is inseparable from the estate to which it is attached; the easement follows
the servient estate when it is alienated.
31 31
Characteristics
Click of title
to edit Master an Easement
style or Servitude
8. Cannot Change the Estate Benefitted - The owner of the dominant estate cannot use the
easement EXCEPT for the benefit of the immovable originally contemplated.
32 32
Click to edit Master
Classifications of Easements
title style
33 33
Easements
Click are also
to edit Master Positive
title style or Negative
34 34
Click to edit Master
Classifications of Easements
title style
• As to how it is established:
35 35
Modes
Click to of Acquiring
edit Easements
Master title style
1. By virtue of a title;
2. By prescription of 10 years;
3. By deed of recognition by the owner of the servient state or by
final judgement; or
4. By the existence of an apparent sign of easement between two
estates.
36 36
Rights
Click toof the
edit Owner
Master titleofstyle
the Dominant Estate
37 37
Obligations
Click of thetitle
to edit Master Ownerstyleof the Dominant Estate
3838
Rights
Click toof the
edit Owner
Master titleofstyle
the Servient Estate
39 39
Obligations
Click of thetitle
to edit Master Ownerstyleof the Servient Estate
40 40
Modes
Click to of Extinguishment
edit Master title styleof Easements
1. By merger in the same person of the ownership of the dominant and servient estates;
2. By non-user for ten years (discontinuous easement the period shall be computed from the day
on which they ceased to be used)
3. When either or both of the estates fall into such condition that the easement cannot be used;
but it shall revive if the subsequent condition of the estates or either of them should again
permit its use.
4. By the expiration of the term or the fulfillment of the condition, if the easement is temporary or
conditional
5. By the renunciation of the owner of the dominant estate
6. By the redemption agreed upon between the owners of the dominant and servient estates.
41 41
LegaltoEasements
Click edit Master title style
• They are the easements imposed by the law, and which have for their object either public use or
the interest of private persons.
• Different Legal Easements:
1. Easements relating to waters
2. Right-of-way
3. Party wall
4. Light and view
5. Drainage of building
6. Intermediate distances
7. Easement against nuisance
8. Lateral and subjacent support
42 42
Easements
Click Relating
to edit Master tostyle
title Waters
• Natural Drainage of Lands. Lower estates are obliged to receive water from the higher estates.
• The owner of the lower estate cannot construct works which will impede this easement; neither
can the owner of the higher estate make works which will increase the burden.
• Easement along riparian banks of rivers, streams and shores of seas and lakes for navigation,
floatage, fishing, salvage and recreation.
1) 3.00 meters for urban areas
2) 20.00 meters in agricultural areas
3) 40.00 meters in forest areas
• Abutment of a Dam. Authority must first be secured from DPWH.
43 43
Easement
Click to editRelating to Waters
Master title style
44 44
Easement
Click to editof Righttitle
Master of Ways
style
• The owner, or any person who by virtue of a real right may cultivate or use any
immovable, which is surrounded by other immovable pertaining to other
persons and without adequate outlet to a public highway, is entitled to demand
a right of way through the neighboring estates, after payment of the proper
indemnity.
45 45
Easement
Click to editof Righttitle
Master of Ways
style
• Requisites:
1. There is an estate that is surrounded by other immovable;
2. There must be no adequate outlet to a public highway;
3. There must be payment of indemnity;
4. It is demanded by the owner or one with real right
5. The isolation must not be due to the claimant’s own act;
6. The easement must be established at the point least prejudicial to the
servient estate – not necessarily the shortest distance.
46 46
Easement
Click to editof Righttitle
Master of Ways
style
a. Needs of the Dominant Estate. It is the needs of the dominant property which
ultimately determine the width of the passage, and these needs may vary from
time to time.
b. Isolation after Sale, Exchange or Partition. The rule allowing a legal easement
of right of way applies to a piece of land that is acquired by sale, exchange or
partition that is surrounded by the estate of the seller, exchanger or co-owner.
c. Effect of opening of a public road, or joining the dominant tenement to another
with exit on public road – right of way is extinguished.
47 47
Easement
Click to editof Partytitle
Master Wallstyle
48 48
Easement
Click to editof Partytitle
Master Wallstyle
• Rights:
1. The “co-owners” may use or make use of the wall in proportion to the right
he may have in the co-ownership without interfering with the common and
respective uses.
2. Right to Increase the Height: A part owner has the right to increase the
height of the wall at his own expense and with the obligation to pay any
damages incurred by other part owners.
49 49
Easement
Click to editof Lighttitle
Master andstyle
View
• Easement of Light (jus luminum) - The right to admit light from neighboring
estate by virtue of the opening of a window or the making of certain openings.
• Restricted Windows. If the distances are not observed, one can only open
restricted windows for the admission of light and air (not for view) with the
following specifications: (1) it must be not more than 30 centimeters square (2)
it must be made at the height of ceiling joist or immediately under the ceiling,
and (3) it must have iron grating and wide screen.
5050
Easement
Click to editof Lighttitle
Master andstyle
View
• REMEDY. If the distances are not maintained, the owner of the adjoining lot can
ask for the closure of the window, aperture or balconies. The observance of the
prescribed distances DOES NOT give rise to prescription.
52 52
Easement
Click to editof Drainage
Master of Buildings
title style
• The owner of a building shall be obliged to construct its roof or covering in such manner that the
rain water shall fall on his own land or on a street or public place, and not on the land of his
neighbor, even though the adjacent land may belong to two or more persons, one of whom is
the owner of the roof. Even if it should fall on his own land, the owner shall be obliged to collect
the water in such a way as not to cause damage to the adjacent land or tenement.
• The owner of a tenement or a piece of land, subject to the easement of receiving water falling
from roofs, may build in such manner as to receive the water upon his own roof or give it
another outlet in accordance with local ordinances or customs, and in such a way as not to
cause any nuisance or damage whatever to the dominant estate.
53 53
Easement
Click to editof Intermediate
Master title style Distances
54 54
Easement
Click to editof Intermediate
Master title style Distances
55 55
Easement
Click to editagainst Nuisance
Master title style
• Every building or piece of land is subject to the easement which prohibits the proprietor or
possessor from committing nuisance through noise, jarring, offensive odor, smoke, heat, dust,
water, glare and other causes.
• A nuisance is any act, omission, establishment, business, condition of property, or anything else
which:
(1) Injures or endangers the health or safety of others; or
(2) Annoys or offends the senses; or
(3) Shocks, defies or disregards decency or morality; or
(4) Obstructs or interferes with the free passage of any public highway or street, or any
body of water; or
(5) Hinders or impairs the use of property.
56 56
Easement
Click to editagainst Nuisance
Master title style
• Kinds of Nuisance
1. Public or Private
a. Public – affects a community or neighborhood or any considerable number of
persons, although the extent of the annoyance, danger or damage upon individuals
may be unequal.
b. Private – not included in the foregoing definitions.
2. Per se or Per Accidens
a. Nuisance Per se – any act, omission, establishment, business, condition of property,
or anything else which is a nuisance at all times and under all circumstances.
b. Nuisance Per Accidens. – any act, omission, establishment, business, condition of
property, or anything else which is a nuisance under certain circumstances like its
location.
57 57
Easement
Click to editagainst Nuisance
Master title style
5858
Easement
Click to editagainst Nuisance
Master title style
• Private Persons. A private person may extrajudicial abate a public and private nuisance if the
following conditions are present:
1. That demand be first made upon the owner or possessor of the property to abate the
nuisance.
2. That such demand has been rejected;
3. That the abatement be approved by the district health officer and executed with the assistance
of the local police.
4. That the value of the destruction does not exceed three thousand pesos.
• REMEDIES AGAINST A PRIVATE NUISANCE.
1. Civil action
2. Abatement without judicial proceedings.
59 59
Easement
Click to editof Lateral
Master titleand Subjacent Supports
style
• No proprietor shall make such excavations upon his land as to deprive any adjacent land or
building of sufficient lateral or subjacent support.
b. FUTURE BUILDINGS INCLUDED - The legal easement of lateral and subjacent support
is not only for buildings standing at the time the excavations are made but also for
constructions that may be erected in the future.
6060
Click to edit Master title style
61 61
Why to
Click These Laws are
edit Master titleOppressive
style to the Poor
62 62
Click to edit Master title style
63
63
Click to edit Master title style
References:
1. http://www.hudcc.gov.ph/sites/default/files/styles/large/public/document/RA%207279.pdf
2. http://urbanlex.unhabitat.org/sites/default/files/philippines_republic_act_7279.pdf
3. http://urbanlex.unhabitat.org/law/152
4. http://www.hudcc.gov.ph/sites/default/files/styles/large/public/document/RA%208368.pdf
5. https://attykalibre.com/civil-cases/ejectment/
6. https://www.manilatimes.net/two-options-effecting-ejectment-lessee/126629/
7. https://business.inquirer.net/234473/possession-comes-different-forms
8. https://www.pdhre.org/materials/learning4.html
9. http://pinoyurbanpoor.wikifoundry.com/page/ABC%27s+of+Eviction+and+Demolition
10. https://batasnatin.com/law-library/civil-law/property/1248-easements-or-servitudes.html
11. https://batasnatin.com/law-library/civil-law/property/1260-legal-easements-easements-imposed-by-law.html
12. https://filipinohomes.com/blog/what-is-socialized-housing/
13. https://www.wipo.int/edocs/lexdocs/laws/en/ph/ph021en.pdf
64 64