Philippine Laws Statutes and Codes - Chan Robles Virtual Law Library
Philippine Laws Statutes and Codes - Chan Robles Virtual Law Library
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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." chan
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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:
(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;
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(b) Provide for the rational use and development of urban land in order to bring about the
following:
(2) Optimization of the use and productivity of land and urban resources;
(c) Adopt workable policies to regulate and direct urban growth and expansion towards a
dispersed urban net and more balanced urban-rural interdependence;
(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.
(a) "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;
(c) "Blighted lands" refers to the areas where the structures are dilapidated, obsolete and
unsanitary, tending to depreciate the value of the land and prevent normal development
and use of the area.chanrobles virtual law library
(d) "Consultation" refers to the constitutionally mandated process whereby the public, on
their own or through people's organizations, is provided an opportunity to be heard and
to participate in the decision-making process on matters involving the protection and
promotion of its legitimate collective interest, which shall include appropriate
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documentation and feedback mechanisms;
(e) "Idle lands" refers to non-agricultural lands urban and urbanized areas on which no
improvements, as herein defined, have been made by the owner, as certified by the city,
municipal or provincial assessor; chan robles virtual law library
(f) "Improvements" refers to all types of buildings and residential units, walls, fences,
structures or constructions of all kinds of a fixed character or which are adhered to the
soil but shall not include trees, plants and growing fruits, and other fixtures that are mere
superimpositions on the land, and the value of improvements shall not be less than fifty
percent (50%) of the assessed value of the property; chan robles virtual law library
(g) "Joint venture" refers to the commitment or agreement by two (2) or more persons to
carry out a specific or single business enterprise for their mutual benefit, for which
purpose they combine their funds, land resources, facilities and services;
(i) "Land banking" refers to the acquisition of land at values based on existing use in
advance of actual need to promote planned development and socialized housing
programs;
(j) "Land swapping" refers to the process of land acquisition by exchanging land for
another piece of land of equal value, or for shares of stock in a government or quasi-
government corporation whose book value is of equal value to the land being exchanged,
for the purpose of planned and rational development and provision for socialized housing
where land values are determined based on land classification, market value and
assessed value taken from existing tax declarations: Provided, That more valuable lands
owned by private persons may be exchanged with less valuable lands to carry out the
objectives of this Act;
(k) "Land use plan" refers to the 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;
(l) "On-site development" refers to the process of upgrading and rehabilitation of blighted
slum urban areas with a view of minimizing displacement of dwellers in said areas, and
with provisions for basic services as provided for in Section 21 hereof;
(m) "Professional squatters" refers to individuals or groups who occupy lands without
the express consent of the landowner and who have sufficient income for legitimate
housing. The term shall also apply to 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 non-bona fide
occupants and intruders of lands reserved for socialized housing. The term shall not
apply to individuals or groups who simply rent land and housing from professional
squatters or squatting syndicates;
(n) "Resettlement areas" refers to areas identified by the appropriate national agency or
by the local government unit with respect to areas within its jurisdiction, which shall be
used for the relocation of the underprivileged and homeless citizens;
(o) "Security of tenure" refers to the degree of protection afforded to qualified Program
beneficiaries against infringement or unjust, reasonable and arbitrary eviction or
disposition, by virtue of the right of ownership, lease agreement, usufruct and other
contractual arrangements;
(p) "Slum Improvement and Resettlement Program or SIR" refers to the program of the
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National Housing Authority of upgrading and improving blighted squatter areas outside of
Metro Manila pursuant to existing statutes and pertinent executive issuances;
(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;
(r) "Socialized housing" refers to housing programs and projects covering houses and
lots or homelots only undertaken by the Government or the private sector for the
underprivileged and homeless citizens which shall include sites and services
development, long-term financing, liberalized terms on interest payments, and such other
benefits in accordance with the provisions of this Act;
(t) "Underprivileged and homeless citizens" refers to the beneficiaries of this Act and to
individuals or families residing in urban and urbanizable areas whose income or
combined household income falls within the poverty threshold as defined by the National
Economic and Development Authority and who do not own housing facilities. This shall
include those who live in makeshift dwelling units and do not enjoy security of
tenure; chan robles virtual law library
(u) "Unregistered or abandoned lands" refers to lands in urban and urbanizable areas
which are not registered with the Register of Deeds, or with the city or municipal
assessor's office concerned, or which are uninhabited by the owner and have not been
developed or devoted for any useful purpose, or appears unutilized for a period of three
(3) consecutive years immediately prior to the issuance and receipt of publication of
notice of acquisition by the Government as provided under this Act. It does not include
land which has been abandoned by reason of force majeure or any other fortuitous event:
Provided, That prior to such event, such land was previously used for some useful or
economic purpose; chan robles virtual law library
(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;
(w) "Urbanizable areas" refers to sites and lands which, considering present
characteristics and prevailing conditions, display marked and great potential of
becoming urban areas within the period of five (5) years; and
(x) "Zonal Improvement Program or ZIP" refers to the program of the National Housing
Authority of upgrading and improving blighted squatters areas within the cities and
municipalities of Metro Manila pursuant to existing statutes and pertinent executive
issuances.
ARTICLE II
COVERAGE AND EXEMPTIONS
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Sec. 4. Coverage. The Program shall cover all lands in urban and urbanizable areas, including
existing areas for priority development sites, and in other areas that may be identified by the local
government units as suitable for socialized housing.chanrobles virtual law library
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(a) Those included in the coverage of Republic Act No. 6657, otherwise known as the
Comprehensive Agrarian Reform Law;
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(b) Those actually used for national defense and security of the State;
(c) Those used, reserved or otherwise set aside for government offices, facilities and
other installations, whether owned by the National Government, its agencies and
instrumentalities, including government-owned or-controlled corporations, or by the local
government units: Provided, however, That the lands herein mentioned, or portions
thereof, which have not been used for the purpose for which they have been reserved or
set aside for the past ten (10) years from the effectivity of this Act, shall be covered by
this Act;
(d) Those used or set aside for parks, reserves for flora and fauna, forests and
watersheds, and other areas necessary to maintain ecological balance or environmental
protection, as determined and certified to by the proper government agency; and
(e) Those actually and primarily used for religious, charitable, or educational purposes,
cultural and historical sites, hospitals and health centers, and cemeteries or memorial
parks.
The exemptions herein provided shall not apply when the use or purpose of the abovementioned lands
has ceased to exist.chanrobles virtual law library
ARTICLE III
NATIONAL URBAN DEVELOPMENT AND HOUSING FRAMEWORK
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Sec. 6. Framework for Rational Development. There shall be a National Urban Development and
Housing Framework to be formulated by the Housing and Land Use Regulatory Board under the
direction of the Housing and Urban Development Coordinating Council in coordination with all local
government units and other concerned public and private sectors within one (1) year from the
effectivity of this Act.chanrobles virtual law library
The framework shall refer to the comprehensive plan for urban and urbanizable areas aimed at
achieving the objectives of the Program. In the formulation of the Framework, a review and
rationalization of testing town and land use plans, housing programs, and all other objectives and
activities of government agencies and the private sectors which may substantially affect urban land
use patterns, transportation and public utilities, infrastructure, environment and population movement
shall be undertaken with the concurrence of the local government units concerned.chanrobles virtual
law library
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ARTICLE IV
LAND USE, INVENTORY, ACQUISITION AND DISPOSITION
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Sec. 7. Inventory of Lands. Within one (1) year from the effectivity of this Act, all city and municipal
governments shall conduct an inventory of all kinds and improvements thereon within their respective
localities. The inventory shall include the following:
(b) Government-owned lands, whether owned by the National Government or any of its
subdivisions, instrumentalities, or agencies, including government-owned or-controlled
corporations and their subsidiaries;
(c) Unregistered or abandoned and idle lands; and chan robles virtual law library
(d)Other lands.
In conducting the inventory, the local government units concerned, in coordination with the Housing
and Land Use Regulatory Board and with the assistance of the appropriate government agencies, shall
indicate the type of land use and the degree of land utilization, and other data or information necessary
to carry out the purposes of this Act.chanrobles virtual law library
For planning purposes, the Housing and Urban Development Coordinating Council shall be furnished
by each local government unit a copy of its inventory which shall be updated every three (3)
years.chanrobles virtual law library
Sec. 8. Identification of Sites for Socialized Housing. After the inventory the local government units,
in coordination with the National Housing Authority, the Housing and Land Use Regulatory Board, the
National Mapping Resource Information Authority, and the Land Management Bureau, shall identify
lands for socialized housing and resettlement areas for the immediate and future needs of the
underprivileged and homeless in the urban areas, taking into consideration and degree of availability of
basic services and facilities, their accessibility and proximity of jobs sites and other economic
opportunities, and the actual number of registered beneficiaries.chanrobles virtual law library
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Government-owned lands under paragraph (b) of the preceding section which have not been used for
the purpose for which they have been reserved or set aside for the past ten (10) years from the
effectivity of this Act and identified as suitable for socialized housing, shall immediately be transferred
to the National Housing Authority subject to the approval of the President of the Philippines or by the
local government unit concerned, as the case may be, for proper disposition in accordance with this
Act.cralaw
Sec. 9. Priorities in the Acquisition of Land. Lands for socialized housing shall be acquired in the
following order:
(d) Those within the declared Areas for Priority Development, Zonal Improvement
Program sites, and Slum Improvement and Resettlement Program sites which have not
yet been acquired;
(e) Bagong Lipunan Improvement of Sites and Services or BLISS sites which have not yet
been acquired; and
Where open-site development is found more practicable and advantageous to the beneficiaries, the
priorities mentioned in this section shall not apply. The local government units shall give budgetary
priority to on-site development of government lands.chanrobles virtual law library
Sec. 10. Modes of Land Acquisition. The modes of acquiring lands for purposes of this Act shall
include, among others, community mortgage, land swapping, land assembly or consolidation, land
banking, donation to the Government, joint-venture agreement, negotiated purchase, and expropriation:
Provided, however, That expropriation shall be resorted to only when other models of acquisition have
been exhausted: Provided, further, That where expropriation is resorted to, parcels of land owned by
small property owners shall be exempted for purposes of this Act: Provided, finally, That abandoned
property, as herein defined, shall be reverted and escheated to the State in a proceeding analogous to
the procedure laid down in Rule 91 of the Rules of Court.chan robles virtual law library
For the purpose of socialized housing, government-owned and foreclosed properties shall be acquired
by the local government units, or by the National Housing Authority primary through negotiated
purchase: Provided, That qualified beneficiaries who are actual occupants of the land shall be given the
right of first refusal.cralaw
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Sec. 11. Expropriation of Idle Lands. All idle lands in urban and urbanizable areas, as defined and
identified in accordance with this Act, shall be expropriated and shall form part of the public domain.
These lands shall be disposed of or utilized by the Government for such purposes that conform with
their land use plans. Expropriation proceedings shall be instituted if, after the lapse of one (1) year
following receipt of notice of acquisition, the owner fails to introduce improvements as defined in
Section 3(f) hereof, except in the case of force majeure and other fortuitous events. Exempted from this
provision, however, are residential lands owned by small property owners or those the ownership of
which is subject of a pending litigation.cralaw
Sec. 12. Disposition of Lands for Socialized Housing. The National Housing Authority, with respect
to lands belonging to the National Government, and the local government units with respect to other
lands within their respective localities, shall coordinate with each other to formulate and make available
various alternative schemes for the disposition of lands to the beneficiaries of the Program. These
schemes shall not be limited to those involving transfer of ownership in fee simple but shall include
lease, with option to purchase, usufruct or such other variations as the local government units or the
National Housing Authority may deem most expedient in carrying out the purposes of this Act.cralaw
Consistent with this provision, a scheme for public rental housing may be adopted.cralaw
Sec. 13. Valuation of Lands for Socialized Housing. Equitable land valuation guidelines for socialized
housing shall be set by the Department of Finance on the basis of the market value reflected in the
Zonal valuation, or in its absence, on the latest real property tax declaration.cralaw
For site already occupied by qualified Program beneficiaries, the Department of Finance shall factor
into the valuation the blighted status of the lands as certified by the local government unit or the
National Housing Authority.cralaw
Sec. 14. Limitations on the Disposition of Lands for Socialized Housing. No land for socialized
housing, including improvements or rights thereon, shall be sold, alienated, conveyed, encumbered or
leased by any beneficiaries as determined by the government agency concerned.cralaw
Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or any right thereon, the
transaction shall be null and void. He shall also lose his right to the land, forfeit the total amortization
paid thereon, and shall be barred from the benefits under this Act for a period of ten (10) years from the
date of violation.cralaw
In the event the beneficiary dies before full ownership of the land is vested on him, transfer to his heirs
shall take place only upon their assumption of his outstanding obligations. In case of failure by the
heirs to assume such obligations, the land shall revert to the Government for disposition in accordance
with this Act.
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ARTICLE V
SOCIALIZED HOUSING
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Sec. 15. Policy. Socialized housing, as defined in Section 3 hereof, shall be the primary strategy in
providing shelter for the underprivileged and homeless. However, if the tenurial arrangement in a
particular socialized housing program is in the nature of leasehold or usufruct, the same shall be
transitory and the beneficiaries must be encouraged to become independent from the Program within a
given period of time, to be determined by the implementing agency concerned.chanrobles virtual law
library
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Sec. 16. Eligibility Criteria for Socialized Housing Program Beneficiaries. To qualify for the
socialized housing program, a beneficiary:
(b) Must be an underprivileged and homeless citizen, as defined in Section 3 of this Act;
(c) Must not own any real property whether in the urban or rural areas; and
Sec. 17. Registration of Socializing Housing Beneficiaries. The Housing and Urban Development
Coordinating Council, in coordination with the local government units, shall designed a system for the
registration of qualified Program beneficiaries in accordance with the Framework. The local
government units, within one (1) year from the effectivity of this Act, shall identify and register all
beneficiaries within their respective localities.
(b) Slum upgrading or renewal of areas for priority development either through zonal
improvement programs or slum improvement and resettlement programs;
(c) Joint-venture projects with either the local government units or any of the housing
agencies; or
Sec. 19. Incentives for the National Housing Authority. The National Housing Authority, being the
primary government agency in charge of providing housing for the underprivileged and homeless, shall
be exempted from the payment of all fees and charges of any kinds, whether local or national, such as
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income and real taxes. All documents or contracts executed by and in favor of the National Housing
Authority shall also be exempt from the payment of documentary stamp tax and registration fees,
including fees required for the issuance of transfer certificates of titles.chanrobles virtual law library
(b) Creation of one-stop offices in the different regions of the country for the processing,
approval and issuance of clearances, permits and licenses: Provided, That clearances,
permits and licenses shall be issued within ninety (90) days from the date of submission
of all requirements by the participating private developers;
(2) Capital gains tax on raw lands used for the project;
(5) Donor's tax for lands certified by the local government units to have
been donated to socialized housing purposes.
Provided, That upon application for exemption, a lien on the title of the land shall be annotated by the
Register of Deeds: Provided, further, That the socialized housing development plan has already been
approved by the appropriate government agencies concerned: Provided, finally, That all the savings
acquired by virtue of this provision shall accrue in favor of the beneficiaries subject to the
implementing guidelines to be issued by the Housing and Urban Development Coordinating Council.
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Property owners who voluntarily provide resettlement sites to illegal occupants of their lands shall
entitled to a tax credit equivalent to the actual non-recoverable expenses incurred in the resettlement,
subject to the implementing guidelines jointly issued by the Housing and Urban Development
Coordinating Council and the Department of Finance.chanrobles virtual law library
Sec. 21. Basic Services. Socialized housing or resettlement areas shall be provided by the local
government unit or the National Housing Authority in cooperation with the private developers and
concerned agencies with the following basic services and facilities:
(c) Sewerage facilities and an efficient and adequate solid waste disposal system; and
The provisions of other basic services and facilities such as health, education, communications,
security, recreation, relief and welfare shall be planned and shall be given priority for implementation by
the local government unit and concerned agencies in cooperation with the private sector and the
beneficiaries themselves.chanrobles virtual law library
The local government unit, in coordination with the concerned national agencies, shall ensure that
these basic services are provided at the most cost-efficient rates, and shall set as mechanism to
coordinate operationally the thrusts, objectives and activities of other government agencies concerned
with providing basic services to housing projects.chanrobles virtual law library
Sec. 22. Livelihood Component. To extent feasible, socialized housing and resettlement projects
shall be located near areas where employment opportunities are accessible. The government agencies
dealing with the development of livelihood programs and grant of livelihood loans shall give priority to
the beneficiaries of the Program. chan robles virtual law library
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Sec. 23. Participation of Beneficiaries. The local government units, in coordination with the
Presidential Commission for the Urban Poor and concerned government agencies, shall afford
Program beneficiaries or their duly designated representatives an opportunity to be heard and to
participate in the decision-making process over matters involving the protection and promotion of their
legitimate collective interest which shall include appropriate documentation and feedback mechanisms.
They shall also be encouraged to organize themselves and undertake self-help cooperative housing
and other livelihood activities. They shall assist the Government in preventing the incursions of
professional squatters and members of squatting syndicates into their communities.cralaw
In instances when the affected beneficiaries have failed to organized themselves or form an alliance
within a reasonable period prior to the implementation of the program of projects affecting them,
consultation between the implementing agency and the affected beneficiaries shall be conducted with
the assistance of the Presidential Commission for the Urban Poor and the concerned nongovernment
organization.cralaw
Sec. 24. Consultation with Private Sector. Opportunities for adequate consultation shall be accorded
to the private sector involved in socialized housing project pursuant to this Act.
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ARTICLE VI
AREAS FOR PRIORITY DEVELOPMENT, ZONAL IMPROVEMENT PROGRAM SITES AND SLUM
IMPROVEMENT AND RESETTLEMENT PROGRAMS SITES
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Sec. 25. Benefits. In addition to the benefits provided under existing laws and other related issuance
to occupants of areas for priority development, zonal improvement program sites and slum
improvement and resettlement program sites, such occupants shall be entitled to priority in all
government projects initiated pursuant to this Act. They shall also be entitled to the following support
services:
(b) Liberalized terms on credit facilities and housing loans and one hundred percent
(100%) deduction from every homebuyer's gross income tax of all interest payments
made on documents loans incurred for the construction or purchase of the homebuyer's
house;
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(c) Exemption from the payment of documentary stamp tax, registration fees, and other
fees for the issuance of transfer certificate of titles;
(e) Such other benefits that may arise from the implementation of this Act. chan robles
virtual law library
ARTICLE VII
URBAN RENEWAL AND RESETTLEMENT
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Sec. 26. Urban Renewal and Resettlement. This shall include the rehabilitation and development of
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blighted and slum areas and the resettlement of Program beneficiaries in accordance with the
provisions of this Act. On-site development shall be implemented whenever possible in order to ensure
minimum resettlement of the beneficiaries of the Program from their existing places of occupancy shall
be undertaken only when on-site development is not feasible and after compliance with the procedures
laid down in Section 28 of this Act.
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Sec. 27. Action Against Professional Squatters and Squatting 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.chanrobles virtual law library
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.chanrobles virtual law library
For purposes of this Act, professional squatters or members of squatting syndicates shall be imposed
the penalty of six (6) years imprisonment of a fine of not less than Sixty thousand pesos (P60,000.00)
but not more than One hundred thousand pesos (P100,000), or both, at the discretion of the
court.cralaw
Sec. 28. Eviction and Demolition. Eviction or demolition as a practice shall be discouraged. Eviction
or demolition, however, may be allowed under the following situations:
(a) 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;
(b) When government infrastructure projects with available funding are about to be
implemented; or
(c) When there is a court order for eviction and demolition. chanrobles virtual law library
In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the
following shall be mandatory:
(1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of
eviction or 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;
(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
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.chanrobles virtual law library
Sec. 29. 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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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.chanrobles virtual law library
After the effectivity of this Act, the barangay, municipal or city government units shall prevent the
construction of any kind of illegal dwelling units of structures within their respective localities. The
head of any local government unit concerned who allows, abets or otherwise tolerates the construction
of any structure in violation of this section shall be liable to administrative sanctions under existing
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laws and to penal sanctions provided for in this Act.
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ARTICLE VIII
COMMUNITY MORTGAGE PROGRAM
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Sec. 31. Definition. The Community Mortgage Program (CMP) is a mortgage financing program of
the National Home Mortgage Finance Corporation which assists legally organized associations of
underprivileged and homeless citizens to purchase and develop a tract of land under the concept of
community ownership. The primary objective of the program is to assist residents of blighted or
depressed areas to own the lots they occupy, or where they choose to relocate to, and eventually
improve their neighborhood and homes to the extent of their affordability.
Sec. 32. Incentives. To encourage its wider implementation, participants in the CMP shall be granted
with the following privileges or incentives:
(b) Properties sold under the CMP shall be exempted from the capital gains tax; and
(c) Beneficiaries under the CMP shall not be evicted nor dispossessed of their lands or
improvements unless they have incurred arrangements in payments of amortizations for
three (3) months.chanrobles virtual law library
Sec. 33. Organization of Beneficiaries. Beneficiaries of the Program shall be responsible for their
organization into associations to manage their subdivisions or places of residence, to secure housing
loans under existing Community Mortgage Program and such other projects beneficiaries to them.
Subject to such rules and regulations to be promulgated by the National Home Mortgage Finance
Corporation, associations organized pursuant to this Act may collectively acquire and own lands
covered by this Program. Where the beneficiaries fail to form an association by and among themselves,
the National Home Mortgage Finance Corporation shall initiate the organization of the same in
coordination with the Presidential Commission for the Urban Poor and the local government units
concerned. No person who is not a bona fide resident of the area shall be a member or officer of such
association.chanrobles virtual law library
ARTICLE IX
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RELATED STRATEGIES
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Sec. 34. Promotion of Indigenous Housing Materials and Technologies. The local government units,
in cooperation with the National Housing Authority, Technology and Livelihood Resource Center, and
other concerned agencies, shall promote the production and use of indigenous, alternative, and low-
cost construction materials and technologies for socialized housing.chanrobles virtual law library
Sec. 35. Transport System. The local government units, in coordination with the Departments of
Transportation and Communications, Budget and Management, Trade and Industry, Finance, and Public
Works and Highways, the Home Insurance Guaranty Corporation, and other concerned government
agencies, shall device a set of mechanisms including incentives to the private sector so that a viable
transport system shall evolve and develop in the urban areas. It shall also formulate standards
designed to attain these objectives:
(e) Adequate and efficient transport service to the people and goods at minimum cost.
Sec. 36. Ecological Balance. The local government units shall coordinate with the Department of
Environment and Natural Resources in taking measures that will plan and regulate urban activities for
the conservation and protection of vital, unique and sensitive ecosystems, scenic landscapes, cultural
sites and other similar resource areas.chanrobles virtual law library
To make the implementation of this function more effective, the active participation of the citizenry in
environmental rehabilitation and in decision-making process shall be promoted and encouraged. The
local government units shall recommend to the Environmental and Management Bureau the immediate
closure of factories, mines and transport companies which are found to be causing massive
pollution.chanrobles virtual law library
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Sec. 37. Population Movements. The local government units shall set up an effective mechanism,
together with the appropriate agencies like the Population Commission, the National Economic and
Development Authority and the National Statistics Office, to monitor trends in the movements of
population from rural to urban, urban to urban, and urban to rural areas. They shall identify measures
by which such movements can be influenced to achieve balance between urban capabilities and
population, to direct appropriate segments of the population into areas where they can have access to
opportunities to improve their lives and to contribute to national growth and recommend proposed
legislation to Congress, if necessary.
The Population Commission, the National Economic and Development Authority, and the National
Statistics Office shall likewise provided advanced planning information to national and local
government planners on population projections and the consequent level of services needed in
particular urban and urbanizable areas. This service will include early-warning systems on expected
dysfunctions in a particular urban area due to population increases, decreases, or age structure
changes.cralaw
Sec. 38. Urban-rural Interdependence. To minimize rural to urban migration and pursue urban
decentralization, the local government units shall coordinate with the National Economic and
Development Authority and other government agencies in the formulation of national development
programs that will stimulate economic growth and promote socioeconomic development in the
countryside.
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ARTICLE X
PROGRAM IMPLEMENTATION
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Sec. 39. Role of Local Government Units. The local government units shall be charged with the
implementation of this Act in their respective localities, in coordination with the Housing and Urban
Development Coordinating Council, the national housing agencies, the Presidential Commission for the
Urban Poor, the private sector and other nongovernment organizations.
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They shall prepare a comprehensive land use plan for their respective localities in accordance with the
provisions of this Act.chanrobles virtual law library
Sec. 40. Role of Government Housing Agencies. In addition to their respective existing powers and
functions, and those provided for in this Act, the hereunder mentioned housing agencies shall perform
the following:
(a) The Housing and Urban Development Coordinating Council shall, through the key
housing agencies, provide local government units with necessary support such as:
(3) Assistance in obtaining funds and other resources needed in the urban
development and housing programs in their areas of
responsibility.chanrobles virtual law library
(b) The National Housing Authority, upon request of local government units, shall provide
technical and other forms of assistance in the implementation of their respective urban
development and housing programs with the objective of augmenting and enhancing
local government capabilities in the provision of housing benefits to their constituents;
(c) The National Home Mortgage Finance Corporation shall administer the Community
Mortgage Program under this Act and promulgate rules and regulations necessary to
carry out the provisions of this Act; and
(d) The Home Insurance Guaranty Corporation shall design an appropriate guarantee
scheme to encourage financial institutions to go into direct lending for
housing.chanrobles virtual law library
Sec. 41. Annual Report. The Housing and Urban Development Coordinating Council and the local
government units shall submit a detailed annual report with respect to the implementation of this Act to
the President and the Congress of the Republic of the Philippines.chanrobles virtual law library
ARTICLE XI
FUNDING
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Sec. 42. Funding. Funds for the urban development and housing program shall come from the
following sources:
(a) A minimum of fifty percent (50%) from the annual net income of the Public Estate
Authority, to be used by the National Housing Authority to carry out its programs of land
acquisition for resettlement purposes under this Act;
(b) Proceeds from the disposition of ill-gotten wealth, not otherwise previously set aside
for any other purpose, shall be applied to the implementation of this Act shall be
administered by the National Home Mortgage Finance Corporation;
(c) Loans, grants, bequests and donations, whether from local or foreign sources;
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(d) Flotation of bonds, subject to the guidelines to be set by the Monetary Board;
(e) Proceeds from the social housing tax and, subject to the concurrence of the local
government units concerned, idle lands tax as provided in Section 236 of the Local
Government Code of 1991 and other existing laws;
(f) Proceeds from the date or disposition of alienable public lands in urban areas; and
(g) Domestic and foreign investment or financing through appropriate arrangements like
the build-operate-and-transfer scheme.
Sec. 43. Socialized Housing Tax. Consistent with the constitutional principle that the ownership and
enjoyment of property bear a social function and to raise funds for the Program, all local government
units are hereby authorized to impose an additional one-half percent (0.5%) tax on the assessed value
of all lands in urban areas in excess of Fifty thousand pesos (P50,000).
ARTICLE XII
TRANSITORY PROVISIONS
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Sec. 44. Moratorium on Eviction and Demolition. There shall be a moratorium on the eviction of all
program beneficiaries and on the demolition of their houses or dwelling units for a period of three (3)
years from the effectivity of this Act: Provided, That the moratorium shall not apply to those persons
who have constructed their structures after the effectivity of this Act and for cases enumerated in
Section 28 hereof.chanrobles virtual law library
ARTICLE XIII
COMMON PROVISIONS
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Sec. 45. Penalty Clause. Any person who violates any provision of this Act shall be imposed the
penalty of not more than six (6) years of imprisonment or a fine of not less than Five thousand pesos
(P5,000) but not more than One hundred thousand pesos (P100,000), or 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.chanrobles virtual law library
Sec. 46. Appropriations. The amount necessary to carry out the purposes of this Act shall be
included in the annual budget of implementing agencies in the General Appropriations Act of the year
following its enactment into law and every year thereafter.chanrobles virtual law library
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Sec. 47. Separability Clause. If for any reason, any provision of this Act shall be included in the
annual budget of implementing agencies in the General Appropriations Act of the year following its
enactment into law and every year thereafter.chanrobles virtual law library
Sec. 48. Repealing Clause. All laws, decrees, executive orders, proclamations, rules and
regulations, and other issuances, or parts thereof which are inconsistent with the provisions of this Act,
are hereby repealed or modified accordingly.
Sec. 49. Effectivity Clause. This Act shall take effect upon its publication in at least two (2) national
newspapers of general circulation. chan robles virtual law library
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Since 19.07.98
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