(Housing Laws, Codes and Considerations) : Submitted To: Ar. Blesie Laguna, Uap Submitted By: Prudencio G. Buco JR
(Housing Laws, Codes and Considerations) : Submitted To: Ar. Blesie Laguna, Uap Submitted By: Prudencio G. Buco JR
(Housing Laws, Codes and Considerations) : Submitted To: Ar. Blesie Laguna, Uap Submitted By: Prudencio G. Buco JR
1. 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
underpriviledged and homeless citizens in urban centers 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.
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.
2. Objectives:
a. Make available to underprivileged and homeless citizens decent housing at
affordable cost;
b. Provide for rational use and development of urban land;
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;
3. Beneficiaries:
> must be male or female Filipino underprivileged and homeless citizen
(individual/families in urban/urbanizable areas whose income/combined household
income is within poverty threshold and who do not own housing facilities and those
who do not enjoy security of tenure)
> must not own real property in urban or rural areas
> not a professional squatter or not a member of squatting syndicates
4. Salient Provisions:
National Urban Development and Housing Framework
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
the LGUs, in coordination with the National Housing Authority, are tasked to
provide relocation or resettlement sites with basic services and facilities and
access to employment opportunities sufficient to meet the basic needs of the
affected families.
the law requires that this program be undertaken within 2 years from the
date of its effectivity (March 29, 1992 - March 29, 1994)
adequate consultation
the Philippine National Police shall be in proper uniform (their task is not to
demolish but for law enforcement and disturbance control only)
Target Beneficiaries:
o
At least 60% of the total number of the house and lot packages to be
produced under this program shall correspond to the lowest loan package
under the Unified Home Lending Program.
Local Government Units may avail of the program, subject to the following
conditions:
> intimidation
> strategy
> stealth
Decade Assessment report released by the World Health Organization, 1.2 B people
in developing countries do not have access to drinking water and 1.8 B people live
without access to adequate sanitation. These situations only reveal the need of a
global struggle to fulfill the right to adequate housing.
The International Year of Shelter for the Homeless (1987) facilitated the raising of
public awareness about the housing and related problemsprevalent throughout the
world. As a follow-up, the Global Strategy for Shelter to the Year 2000 has propelled
to push the housing issues forward and had resulted in housing rights being placed
prominently on the human rights agenda of the United Nations.
The right to adequate housing forms a cornerstone of the Global Shelter Strategy:
"The right to adequate housing is universally recognized by the community of
nations... All nations without exception, have some form of obligation in the shelter
sector, as exemplified by their creation of housing ministries or housing agencies,
by their allocation of funds to the housing sector, and by their policies, programmes
and projects... All citizens of all States, poor as they may be, have a right to expect
their Governments to be concerned about their shelter needs, and to accept a
fundamental obligation to protect and improve houses and neighborhoods, rather
than damage or destroy them."
"The State Parties to the the present Covenant recognize the right of
everyone to an adequate standard of living for himself and his family,
including adequate food, clothing and housing and to the continuous
improvement of living conditions. The State Parties will take appropriate steps
to ensure the realization of this right, recognizing to this effect the essential
importance of international cooperation based on free consent."
For individuals, groups and other NGOs without consultative status with the UN can
forward their concerns to the Committee on Economic, Social and Cultural Rights
and other UN bodies dealing with housing rights issues through NGOs that have
consultative status, as these entities have rights of participation in the UN system.
Individuals or groups can also send information about violations by any State party
of any rights found in the Covenant directly to the Secretary of the Committee at
the Centre for Human Rights as these communications are distributed to Committee
members.
OTHER LAWS
BATAS PAMBANSA BLG. 185
( AN ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE
CONSTITUTION AND FOR OTHER PURPOSES)
avail of the privilege herein granted; Provided, That if both shall avail of the same,
the total area acquired shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural lands for residential purposes, he
shall still be entitled to be a transferee of additional urban or rural lands for
residential purposes which, when added to those already owned by him, shall not
exceed the maximum areas herein authorized.
Sec. 3. A transferee under this Act may acquire not more than two lots which
should be situated in different municipalities or cities anywhere in the Philippines;
Provided, That the total area thereof shall not exceed one thousand square meters in the case
of urban lands or one hectare in the case of rural lands for use by him as urban land shall be disqualified from
acquiring acquiring rural land, and vice versa.
Sec. 4. As used in this Act
1.
2.
Inspect association books and records during office hours and to be provided upon request with
annual reports, including financial statements;
3.
Participate, vote and be eligible for any elective or appointive office of the association subject to the
qualifications as provided for in the bylaws;
4.
Demand and promptly receive deposits required by the association as soon as the condition for the
deposit has been complied with or the period has expired;
5.
Participate in association meetings, elections and referenda, as long as his/her bona fide
membership subsists; and
6.
Enjoy all other rights as may be provided for in the association bylaws.
1.
To compel a homeowner to join the association, without prejudice to the provisions of the deed of
restrictions, its extensions or renewals as approved by the majority vote of the members or as annotated on the title
of the property; the contract for the purchase of a lot in the subdivision project; or an award under a CMP project or a
similar tenurial arrangement;
2.
To deprive any homeowner of his/her right to avail of or enjoy basic community services and
facilities where he/she has paid the dues, charges, and other fees for such services;
3.
To prevent any homeowner who has paid the required fees and charges from reasonably
exercising his/her right to inspect association books and records;
4.
To prevent any member in good standing from participating in association meetings, elections and
referenda;
5.
6.
To exercise rights and powers as stated m Section 10 [Rights and Powers of the Association] in
violation of the required consultation and approval of the required number of homeowners or members;
7.
To unreasonably fail to provide basic community services and facilities and maintain, repair,
replace, or modify such facilities;
8.
To unreasonably fail to comply with Section 17 [Financial and other records] of this Act; or
9.
1.
2.
If the contract is canceled, the seller shall refund to the buyer the cash
surrender value of the payments on the property equivalent to fifty per cent of the
total payments made, and, after five years of installments, an additional five per
cent every year but not to exceed ninety per cent of the total payments made:
Provided, That the actual cancellation of the contract shall take place after thirty
days from receipt by the buyer of the notice of cancellation or the demand for
rescission of the contract by a notarial act and upon full payment of the cash
surrender value to the buyer.
Down payments, deposits or options on the contract shall be included in the
computation of the total number of installment payments made. (Section 3)
In case where less than two years of installments were paid, the seller shall
give the buyer a grace period of not less than sixty days from the date the
installment became due. If the buyer fails to pay the installments due at the
expiration of the grace period, the seller may cancel the contract after thirty days
from receipt by the buyer of the notice of cancellation or the demand for rescission
of the contract by a notarial act. (Section 4).
Under Section 3 and 4, the buyer shall have the right to sell his rights or
assign the same to another person or to reinstate the contract by updating the
account during the grace period and before actual cancellation of the contract. The
deed of sale or assignment shall be done by notarial act. (Section 5)
The buyer shall have the right to pay in advance any installment or the full
unpaid balance of the purchase price any time without interest and to have such full
payment of the purchase price annotated in the certificate of title covering the
property. (Section 6)
Coverage
All residential units in the National Capital Region and other highly urbanized cities,
the total monthly rent for each of which ranges from One peso (P1.00) to Ten
thousand pesos (P10,000.00) and all residential units in all other areas, the total
monthly rent for each of which ranges from One peso (P1.00) to Five thousand
pesos (P5,000.00) as of the effectivity date of this Act shall be covered, without
prejudice to existing contracts. (Section 5)