Key Laws on Socialized Housing and Reconstruction Commission
The content discusses laws and initiatives related to socialized housing, including the creation of a Special National Public-Private Reconstruction Commission following tropical storms in the Philippines. Republic Act 7279, the Urban Development and Housing Act of 1992, is highlighted for its objectives in providing decent housing and basic services to underprivileged citizens. The importance of relocation, urban development, and participation of beneficiaries in decision-making processes are emphasized in these legal instruments.
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Selected Applicable Laws/Instruments Related To Socialized Housing IFRC Shelter Cluster November 4, 2009 3/3/2025 1
1. Special National Public-Private Reconstruction Commission Executive Order President Arroyo creating the commission Would undertake the study of the causes, costs and actions to be taken in the wake of tropical storm Ondoy and typhoon Pepeng as well as Typhoon Frank (Digital Journal, Oct. 14, 2009) Composition: 1. Headed by Manuel V. Pangilinan , President of the Philippine Long Distance Telephone Company (representing the private sector) 2. Members of the Commission : Secretary of Finance- Gary Teves Cardinal Vidal for Cebu Key element of the new reconstruction commission fund should be the relocation that would enable the informal settlers to rebuild their homes with less risk of losing them again to floods and other calamities - Joey Salceda, Close Adviser of the President and Governor of Albay. in addition the special body will try to raise at least $ 1 billion from foreign donors for the rebuilding of the country s infrastructure and help the displaced families in the typhoon ravaged areas. 3/3/2025 2
2. Republic Act 7279 Urban Development and Housing Act of 1992 , May 1992 An act to provide for a comprehensive and continuing urban development and housing program, establish the mechanism for its implementation and for other purposes. Program Objectives : a. Uplift the conditions of the under privileged 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 .xxxxx. Definitions : n. Resettlement areas- refers to areas identified by appropriate national agency or by the local government unit within its areas of jurisdiction which shall be used for the relocation of the underprivileged and homeless citizens. p. Slum Improvement and Resettlement Program (SIR) refers to the program of the National Housing Authority (NHA) of upgrading and improving blighted squatter areas outside Metro Manila pursuant to existing statutes and pertinent executive issuances. r. Socialized housing refers to housing programs and projects covering houses and lots or home lots undertaken by the Government or private sector for the under privileged and homeless citizens which shall include sites and services development, long term financing, liberalized terms of interest payments and such other benefits in accordance with the provision of this Act; 3/3/2025 3
Contn. RA 7279 Sec.21 Basic Services Potable water Power and electricity and adequate power distribution system Sewerage facilities Access to primary roads and transportation facilities Basic services such as health, education, communications, security, recreation, relief and welfare shall be planned and shall be given priority for implementation by the local government and concerned agencies in cooperation with private sector and the Sec. 22 of the Act To extent possible, socialized and resettlement projects shall be located near area where employment opportunities are accessible..xxxx Sec. 23 of the Act Participation of beneficiaries - the local government , 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 xxxxx 3/3/2025 4
Contn. RA 7279 Article IV- Land Use, Inventory, Acquisition and Disposition ( within one year from the effectivity of this Act, all city and municipal government shall conduct an inventory of all lands and improvements thereon within their respective localities. The inv the inventory shall include the following: a. Residential lands; b. Government-owned lands, whether owned by the National Government; or any of its subdivision, instrumentalities, or agencies, including government owned or controlled corporations and other subsidiaries; c. Unregistered or abandoned and idle lands; and d. other lands; For planning purposes, the Housing and Urban Development Council shall be furnished by each local government unit a copy of its inventory which shall be updated every three (3) years.( A separate and more detailed guidelines issued : Guidelines for the Inventory and Identification of Lands and Sites for Socialized Housing ) 3/3/2025 5
Contn. RA 7279 Section 9. Priorities in the Acquisition of Land Lands for socialized housing shall be acquired in the following order: a. those owned by the government of any of its subdivision; instrumentalities, or agencies, including government-owned or controlled corporations and their subsidiaries; b. Alienable lands of the public domain; c. Unregistered or abandoned and idle lands d. Those within the declared Areas for Priority Development, Zonal Program sites which have not been acquired; e. Bagong Lipunan Improvement or Sites and Services or BLISS sites which have not been acquired; and f. Privately owned lands 3/3/2025 6
Contn. RA 7279 Article V Socialized Housing Section 17. Registration of Socialized Housing Beneficiaries The Housing and Urban Development Coordinating Council, in coordination with the local government units, shall design a system for the registration of qualified program beneficiaries. The local government units shall identify and register all beneficiaries in their respective localities. 3/3/2025 7
Contn. RA 7279 Sec. 40 Role of Government Housing Agencies- In addition to their respective existing powers and functions xxx housing agencies shall perform the following: HLURB Housing and Urban Development Coordinating Council - shall perform the following : 1. formulation of standards and guidelines as well as providing technical support in preparation of two and land use plans; 2. In accordance with the National Economic and Development Authority (NEDA) and the National Statistics Office (NSO) provide data and information for forward-planning by the local government units in their respective areas xxxxx. 3. Assistance in obtaining funds and other resources needed in the urban development and housing programs in their areas of responsibility. National Housing Authority , upon the 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 3/3/2025 8
Contn. RA 7279 National Home Mortgage Finance Corporation shall administer the Community Mortgage Program under this Act and shall promulgate rules and regulations necessary to carry out the provisions of this Act; Home Insurance Guaranty Corporation shall design and appropriate guarantee scheme to encourage financial institution to go into direct lending for housing. 3/3/2025 9
2.1 Implementing Rules and Regulations to Ensure the Observance of Proper and Humane Relocation and Resettlement Procedures Mandated by the Urban Development and Housing Act of 1992 Promulgated and adopted to implement Article XII, Section 44 Moratorium on Eviction and Demolition and Article VII, Eviction and Demolition of squatters of Republic Act No. 7279, known as Urban Development Act of 1992 (http://www.gov.ph/laws/ra7279.pdf ). The Local Government Unit (LGU) refers to Mayor or his duly authorized representative who shall act to supervise and monitor the proper conduct of demolition or if warranted stop demolition. Danger Areas defined refer to areas which when occupied for residential purposes, actually pose a danger to life and safety and property of either the concerned residents or of the general community. The danger is due to an unavoidable source of probable harm to human life and well being. 3/3/2025 10
Contn. Humane Relocation Permanent Relocation socialized housing characterized by the presence of basic services as defined by Sec. 21 of the Act, where the relocatees are brought for permanent resettlement. Temporary Relocation - refers to a site accessible to major roads with potable water to which relocatees are brought pending determination by the LGU in coordination with the NHA of a permanent relocation site. Should a permanent relocation site not be determined within one year, the temporary relocation site becomes a socialized housing area. However , if the families are transferred to a temporary site, subsequent relocation must only be to a permanent resettlement site. 3/3/2025 11
Contn. Humane Relocation Section 2. Scope of Application- These rules and regulations shall apply to demolitions allowed under Sec. 28 of the Act. to wit: a. When persons or entities occupy danger areas such as : Esteros Railroad trucks Garbage dumps River banks Shorelines, Waterways other public places : sidewalks, roads, parks and playgrounds When government infrastructures with available funding are about to be implemented Section 3. Guidelines for Relocation 3/3/2025 12
Contn. Humane Relocation Section 3 Guidelines for Implementation (to be strictly observed by the government (LGU) or government agency authorized to demolish. a. Identification of resettlement site b. Pre- census 1. completion of documents prior to any conduct of demolition : 1.1 Certified xerox copy of Title 1.2 Tax declaration or Tax Receipt 1.3 Location Plan or Vicinity Map 1.4 Pictures of the area (before operation) 1.5 Certification from LGU or other concerned agency that the area is included in the list of danger areas and subject for clearing, if applicable 1.6 Certification or concerned agency that the area is the site of an infrastructure project with available funding which shall commence within sixty days after clearing of the said area. If applicablet 1.7 Copy of the Writ of Demolition, if the clearing area is decided by the court 1.8 Development plan of the property. 3/3/2025 13
3. Batasang Pambansa Blg. 220 An act authorizing the Ministry of Human Settlements to establish and promulgate different levels of standards and technical requirements for economic and socialized housing projects in urban and rural areas. Approved March 25, 1982 3/3/2025 14
3.1 Revised Implementing Rules and Regulations for BP 220 (with amendments) Contains the most recent amendments introduced as recommended by the Technical Working Group (TWG), multi-sectoral representation in mass housing Guidelines to promote cost efficient production dwellings, innovative approaches to achieve goal for decent, habitable shelter Review of standards under BP 220 in relation to the provisions of Fire Code and the National Building Code. 3/3/2025 15
