Office of the President

HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL

9th and 15th Floor BDO Plaza
Paseo de Roxas cor. Makati Avenue
Makati City

LGU’s Guidebook for

Local Housing Project/Program

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 LGU’S GUIDEBOOK FOR LOCAL HOUSING PROJECT/PROGRAM

TABLE OF CONTENTS

I. Objectives 3
II. Getting Started/ Basis for LGU Board
a. Legal Basis 4
b. Tasks of LGU in RA7279 4
c. Organizing the Local Government Unit for Housing 6
d. Formulating The Local Housing Program 9
e. Preparing the Feasibility Study 10
f. Site Selection 11
g. Overview of the Research 12
h. Requirements in the Issuance of the Proclamations
/Reservations 12
i. Beneficiary Selection 14
III. Available Government Programs For Local Housing
a. Resettlement 18
b. Community Mortgage Program 19
c. Regular Housing Program 20
d. LGU-NHA Joint Venture Undertaking 21
IV. Permits, Clearances, Approvals For Projects 22
V. Annexes
A Standard Format of the Establishing
Municipal Urban Development and Housing Board 24
B Process Flow for Activities for Local
Government initiated Housing Programs/Projects 30
C Data requirements for Shelter Planning 31
D Flowchart for Conducting Surveys 32
E Community Organization and Participation Process Flow 34
F Land Evaluation Report 35
G Guidelines on How to Obtain an Original Certificate of Title 38
H Computation of Affordability 39
I List of Requirements for Issuance of Permits 40
J Documentary Requirements for HOA Registration 41
K DILG-DBM Joint Memorandum Circular 2003-1 42
L NHA Cooperatives Housing Program 43
M UDHA Compliance Checklist 44
N RA 7279 Urban Development and Housing Act of 1992 50

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OBJECTIVES

What is the Guidebook all about and what does it aim to accomplish?

The Guidebook contains answers to questions commonly asked by local government

officials relative to housing concerns. It also aims to:

1. Provide the LGU with a step-by-step information guidebook that will assist them in the
formulation and implementation of their respective local housing programs.

2. Serve as a procedural reference for all local chief executives interested to embark on
their local housing projects geared towards addressing the housing needs of their
respective localities.

3. Provide more detailed steps and procedures required in the formulation of a shelter
plan including various housing schemes for the LGU’s low-income constituents; and

4. Enable the LGUs to plan and implement local housing programs and projects on the
basis of their specific mandates under the law.

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GETTING STARTED

Legal Basis

What are the legal bases mandating LGUs to undertake the provision of housing
services to their respective communities?

The mandate is based on the following statutes and issuance:

1. Specific provisions under the Local Government Code of 1991 (Republic Act No. 7160)
and the Urban Development and Housing Act of 1992 (Republic Act No. 7279) that
stipulates the mandate of LGUs to provide for the housing needs of their “homeless
constituents,” thus “justifying” the need for them to implement their respective local
housing programs.

What are the tasks Of Local Government Units as mandated in R.A. 7279?
The tasks as enumerated for LGU'S in the UDHA (in all cities and those municipalities
which are urban or urbanizing) are the following:
1. Prepare a comprehensive land use plan aimed at achieving the objectives of the
UDHA; (Sec. 6 and 39)
2. Conduct an inventory of all lands and improvements thereon within their respective
localities in coordination with the Housing and Land Use Regulatory Board (HLURB)
and with the assistance of the appropriate government agencies; (Sec. 7)
Update the inventory every three (3) years and furnish the Housing and Urban
Development Coordinating Council (HUDCC) a copy of its inventory including
updated ones for planning purposes; (Sec. 7)
3. Identify, in coordination with the National Housing Authority (NHA), the HLURB, the
National Mapping and Resources information Authority (NAMRIA), and the Land
Management Bureau (LMB) of the Department of Environment and Natural
Resources (DENR) lands for socialized housing and resettlement areas for the
immediate and future needs of the underprivileged and homeless in urban areas;
(Sec. 8)
4. Certify as to the blighted status of lands, which shall be considered as one of the
factors in the evaluation of the market value of land for socialized housing; (Sec.
13)
5. Identify and register all qualified socialized housing beneficiaries within their
respective localities; (Sec. 17)
6. In pursuit of balanced housing development, enter into joint venture projects with
private developers; (Sec. 18)
7. Provide basic services and facilities (potable water, power/electricity and an
adequate power distribution system, sewerage facilities and an adequate solid

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 waste disposal system, and access to primary roads and transportation facilities) in
the socialized housing or resettlement areas in cooperation with the private sector
and concerned agencies; (Sec. 21)
8. Provide the program beneficiaries or their duly designated representatives, in
coordination with the Presidential Commission for the Urban Poor (PCUP) and
concerned agencies, the opportunity to be heard and to participate in the decision-
making process over matters involving the protection and promotion of their
legitimate collective interests; (Sec. 23)
9. In cooperation with the Philippine National Police (PNP), the PCUP-accredited urban
poor organizations in the area, adopt measures to identify effectively curtail the
illegal operation of squatting and squatting syndicates; (Sec. 27)
10. Implement, in coordination with the NHA, the prescribed procedures and guidelines
on the execution of eviction and demolition orders involving homeless and
underprivileged citizens, including the provision of adequate relocation.
Should relocation be not possible within the prescribed period, to provide financial
assistance in the amount equivalent to the prevailing minimum daily wage
multiplied by sixty days; (Sec. 28)
11. Implement, in coordination with the NHA, 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 such as sidewalks,
roads, parks and playgrounds; (Sec.29)
Provide, in coordination with the NHA, relocation or resettlement sites with basic
services and facilities, and access to employment and livelihood opportunities
sufficient to meet the basic needs of affected families; (Sec. 29)
12. Prevent the construction of any kind of illegal dwelling units or structures within
their respective localities; (Sec. 30);
13. Assist the National Home Mortgage Finance Corporation (NHMFC) in initiating the
organization of Community Mortgage Program (CMP) beneficiaries; (Sec. 33)
14. Promote, in coordination with the HUDCC, NHA, the Technology Livelihood
Resource Center (TLRC); Department of Science and Technology (DOST) and other
concerned agencies in the production and use of indigenous, alternative, and low-
cost construction materials and technologies for socialized housing; (Sec. 34)
15. Submit a detailed annual report, with respect to the implementation of the Act, to
the President and House of Representatives; (Sec. 41)
16. May 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 (P50.000.00). (Sec. 43)

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Organizing the Local Government Unit for Housing

What is a Local Housing Board?

A Local Housing Board is a local special body devoted to addressing shelter concerns in
the formulation, development and implementation of a comprehensive and integrated
housing and land development program of the LGU.

How is the Local Housing Board created?

The Board may be created by the LGU in the following manner:

1. The Local Chief Executive issues an Administrative Order creating the Local Housing
Board (LHB) pursuant to an Ordinance approved by the local Sanggunian.
2. The LHB, as a local special body for housing, shall be responsible for drawing up the
local housing policy, plans and programs of the LGU concerned.
3. It shall be composed of the Mayor as Chairman; Vice Mayor as Vice Chairman; a
representative from the local Sanggunian, the City/Municipal Planning and
Development Coordinator or Engineer, the Assessor and the Treasurer.

What office will be the implementing arm of the Local Housing Board?

1. The LHB shall establish a Local Housing Office (LHO) which shall implement the
policies, plans and programs adopted by the Board.

2. The City/Municipal Mayor shall appoint a General Manager of the LHO who shall serve
on a full-time basis.

3. The LHO may be composed of the following divisions, the respective duties and
responsibilities of which are:

• Administrative and Records Division

a. Be responsible for the over-all direction and supervision of personnel;

b. Implement policies, guidelines and procedures related to accreditation,
monitoring and evaluation of participating community associations and housing
beneficiaries.
c. Handle the documentation of all socialized housing projects;
d. Keep the records or files of all documents and personnel;
e. Be the custodian of all properties acquired for safekeeping.
f. Take charge of the procurement and delivery of all supplies and equipment
needs; and
g. Be in charge of the preparation of Deeds of Sale and the monitoring of the
same.

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• Technical Planning and Development Division

a. Identify prospective sites for projects related to shelter development and land
acquisition;
b. Prepare and formulate plans and programs for the upgrading of specific and
existing projects and/or programs;
c. Undertake the demolition of illegally constructed housing units on government
and private properties and along danger zones;
d. Prepare plans, lot surveys, on-site inspection, and (partially) supervise projects
to ensure that these conform to the approved specifications and existing
regulations as embodied in the local development plan.

• Community Affairs and Development Division

a. Conduct census of potential beneficiaries of the projects;

b. Render assistance to families and associations in relation to meeting their basic
needs by giving self-employment or self-help projects and cooperatives, through
livelihood training and seminars;
c. Prepare plans and programs/projects for the communities, NGOs and GOs in line
with the administration’s activities for the under-privileged.
d. Perform all integral tasks in the implementation of policies and guidelines on the
utilization and individualization of titles and housing loans.

• Financial and Legal Services Division

a. Provide all services in connection with the collection and servicing of loan
accounts;
b. Prepare contracts and all other documents pertinent to the award to qualified
beneficiaries;
c. Be accountable for all payments made, for updating debts by giving clearance
certificates to fully paid beneficiaries.
d. The Division shall be composed of the City/Municipal Administrator, Treasurer,
Budget Officer and the Chairman of the Committee on Way and Means of the
Sanggunian.

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PROPOSED ORGANIZATIONAL SET-UP FOR A LOCAL HOUSING OFFICE

ADMINISTRATIVE TECHNICAL COMMUNITY AFFAIRS

Administrative Support Planning: Physical Planning, Community Organization
to the Office (GSD, Physical Surveys and Community Preparation
Finance, Accounting,
Implementation Census/Tagging
Personnel)
Feasibility Studies Beneficiary listing
Receiving and Releasing
Preparation
Documents Social Preparation
Land/Title Research
Budgeting/Accounting Conduct of Consultations
Liaison with key shelter
Preparation of Bid Leadership Training/
agencies and other
Documents for Project Empowerment
government agencies
Contracts Accreditation of community
CSW for permits,
Records Management housing associations,
compliance with BP 220
private CMP originators,
Collection of and PD 957
developers
Amortization Payments
Conduct of demolitions
Database Management
Preparation of Annual
Beneficiary Profile Reports
Inventory of lands

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FORMULATING THE LOCAL HOUSING PROGRAM

What are the processes involved in the formulation of a Local Housing

Program?

The various processes involved are as follows:

1. Preparation of local shelter plans.

This could be undertaken by the Local Housing Board or the City/Municipal Planning
Office with HUDCC’s and Key-housing agencies technical support.
2. Identification and selection of sites for local housing
3. Identification of fund sources/financing the local housing projects (for developers and
for end-users). See Attachments.
4. Organization of beneficiaries.
5. Selection of project developer
What are the procedural steps to be taken in the preparation of the local
shelter plan?

Following are the steps to be taken in the preparation of the plan:

1. Data gathering

• The current resettlement needs and the new housing needs of the locality to
facilitate the matching of these needs with the housing units to be constructed in
the area;
• Affordability and assessment of financial resources of the different income groups;
• Resource requirements (land, infrastructure, building materials, labor)
• Socio-economic profile

2. Situational Analysis

• Current local housing situation and problems (population, area, housing stock and
basic services profile)

3. Goal and Objectives Setting, Shelter Strategy

• Matching of housing needs, particularly the needs of low-income groups, with

available resources and its integration to the development plan of the locality
• LGU’s efforts in addressing problems of land tenure and house ownership.
• Local resource mobilization in terms of housing finance.

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PREPARING THE FEASIBILITY STUDY

What aspects are covered by the local housing project feasibility study (FS)?
The Project Feasibility Study shall cover the following aspects:
1. Legal Mandate
• Right or authority of the LGU to develop the proposed project.
• Property title of the proposed project should be free from any lien or encumbrances
and claims

2. Socio-Economic Profile of the LGU

3. Organizational Structure of the LGU
4. Technical Feasibility
• Project design features
• Proposed development and project components (land use and distribution, density,
lot sizes, dimensions and distributions, road hierarchy, utilities, accessibility,
housing units, topography)
• Cost profile (pre-development expenses, land development, house construction)
• Physical constraints (proximity to earthquake and flood-prone areas)
• Conformity to the design standards, rules and regulations
• Work program
5. Financial Feasibility
• Cash flow statement
• Financial ratios/resources
6. Market Feasibility Study
• Profile of target beneficiaries
• Market program
• Projected profit and loss statement
• Affordability analysis

7. Environmental Impact Assessment (EIA)

• Existing socio-economic and biophysical environment
• Project impact on physical and biological resources
• Mitigation and enhancement measures

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SITE SELECTION

What steps are to be followed in selection of site for local housing?

Following are the parameter to be observed on site selection:

1. Inventory and profile of available sites.

2. Location and quality of site (accessibility to infrastructures and employment, quality of
site, land ownership, basic services, utilities and cost).
3. For resettlement site, location criteria of affected people and comparative analysis of
possible sites.
4. Safe from both environment and man-made hazards.

What factors should be considered in site selection?

Select the site of your housing program based on the expressed preferences of your
beneficiaries. Note, however, that the site should have access to transportation and
should have provisions for basic services and support facilities.

It will be easier and faster to set up your program if the site is owned by the local
government or will be acquired by the local government. A sample format for site
evaluation is provided in Annex C.

What are the priorities in the acquisition of land for local housing?

The priorities in the acquisition of land are:

1. Idle government or private lands

2. Unregistered or abandoned idle lands
3. Alienable lands of the public domain.

How to acquire the land for housing program?

The following are the various modes of land acquisition:

1. Negotiated purchase
2. Joint-venture agreement
3. Land banking
4. Land swapping
5. Usufructuary arrangement
6. Expropriation
7. Presidential Proclamation

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The local government unit has several options for land acquisition:

Direct purchase at a price agreed upon with the owner

Donation by land owner to the local government unit
Transfer of title by a national government agency to the local government unit
Usufructory agreement with a national government agency

As an alternative, the local government unit may opt to assist its beneficiaries in
acquiring the lot, e.g. through the Community Mortgage Program or similar schemes.

OVERVIEW OF TITLE RESEARCH

An important step in ensuring the validity and sustainability of housing projects is

extensive title research on lands. The following is an overview of steps to be undertaken
by the researcher:

1. Checking with Register of Deed’s (RD’s)Copy

2. Checking all entries of the Transfer Certificate of Title (TCT) – including technical
description, liens, encumberances, etc.
3. Traceback of Original Certificate of Title (OCT)
4. Traceback to origin of TCT
a. Judicial (from tax declaration) - LRA
b. Free patent DENR-LMB
5. Checking of liens and encumberances, mortgages
6. Checking of Adverse claimants
a. Extrajudicial partition with SPA
b. Extrajudicial partition with Sale
7. Identification of all heirs including declared illegitimate children
8. Checking Tax declaration for consistency with municipal ordinance (declared
residential for tax purposes but no corresponding ordinance)

REQUIREMENTS IN THE ISSUANCE OF PROCLAMATIONS/ RESERVATIONS

In order to expedite the processing of requests for Presidential Proclamations pursuant to

Presidential Memorandum Circular No. 28 dated 19 January 1993, which provides for a
checklist on request Presidential issuances, the following documents/requirements must be
complied with for the information and guidance of all concerned
1. Request for reservation by the reservee;
2. Comments/Recommendations of the following
a. Provincial Health Officer duly concurred or recommended by the Regional Heal
Director and Secretary of Health in case of settlement, school, hospital and
other reservation when it may affect the health of the people

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 b. District Engineer of DPWH, duly concurred or recommended by the Regional
Director and Secretary of DPWH
c. District/City Superintendent of the school in case of school site reservation duly
concurred or recommended by the Secretary of DECS;
d. Provincial Commander or Chief of Staff of the Armed Forces of the Philippines in
case of military reservation duly concurred or recommended by the Secretary of
the DND
e. Philippine Port Authority in case the land abuts the sea, lake or navigable river
duly concurred or recommended by the Secretary of the DOTC
3. Survey of the land to be reserved duly approved by the Regional Technical Director
for Lands concerned and Approved Plan;
4. Verified and certified correct Technical Descriptions;
5. Certified photographs (or visual documentation ) showing panoramic view of the area
subject of the proposed proclamation as well as adjacent areas/ vicinities,
improvements introduced, landmarks, identifying features, settlements, if any, etc.
6. Land Classification or Municipal Index Map projecting the area covered by the
proposed proclamation and land uses:of the area and surrounding vicinities within
two-kilometer radius;
7. Report pursuant to M.C. No. 28 dated January 19, 1993 following the tenets of
Completed Staff Work (CSW). Draft memorandum should incorporate the justification,
legal basis, coordination with concerned agencies and their comments and potential
problem, if any. In the case of Watershed reservation, the setting up of Watershed
Management Councils is a requisite.
8. Narrative Report of Investigation with recommendation officially endorsed to the
Secretary by the regional Executive Director through the Undersecretary for Field
Operation.

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BENEFICIARY SELECTION

What are the criteria for beneficiary selection?

Resettlement/Relocation

Poor families qualified for relocation and resettlement and assistance under the
Urban Development Housing Act of 1992 (RA 7279)
Underprivileged and homeless citizens whose average or combined family income
fall within the poverty threshold
Those who do not own any real property and have not been beneficiaries of any
government housing program except on leasehold or rental arrangement.
First Priority -Target project beneficiaries
Second priority - Open Market

Typical Low-cost housing project

Member of good standing in any of the three institutions: Government Service

Insurance System (GSIS), Social Security System (SSS), or Home Development
Fund (HDMF)
Has not availed of any housing loan from either the SSS, GSIS, HDMF or any
financing institutions as a principal borrower or co-obligor.
He must not own any residential unit in the capacity as a sole owner or co-owner

The Local Government Unit can still provide additional criteria which they deemed
necessary.

How to organize the beneficiaries?

Most of the beneficiaries of housing projects are naturally organized, i.e. they are grouped
together based on their places of work and profession (e.g. teachers, police, soldiers and
trade union members). For these groups, processing of requirements of their housing
loans would be easy. Leaders of said groups may be tapped to assist their respective
groups.

However, there are also non-organized beneficiaries such as Overseas Filipino Workers,
informal settlers and other individual borrowers who may need to be organized in the early
stages of project implementation so that it will be easier to process the requirements for
take-out of their housing loans by the concerned government agencies. Non-government
organizations may be tapped to assist in organizing the beneficiaries.

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AVAILABLE GOVERNMENT PROGRAMS FOR LOCAL HOUSING

What are the various local housing projects that can be implemented in the
LGUs?

The housing projects that can be implemented in the LGUs include:

1. Resettlement Projects - These can be undertaken through joint-venture arrangements
or under the sites and services program of the NHA.
2. Community Mortgage Program (CMP) with the LGU as originator and NHMFC as funder.
3. Regular Low-Cost Housing Projects - These projects can be financed through DBP,
Landbank, PNB or other private banks.
4. Medium Rise Housing (MRH) and Rental Housing – through a joint venture-
arrangement with the NHA. Technical assistance can be provided by the NHA.
5. Core Shelter Housing Assistance - This is program of the Department of Social Welfare
and Development that provides technical assistance to families affected by disasters in
building a standard typhoon-resistant core housing unit at minimal cost.
What are the available sources of fund for local housing projects?

The following sources of fund can be availed of by LGUs for their housing projects:

1. National Government

• Financing from Key-housing agencies (NHA, HIGC, HDMF, NHMFC)

• Lending Program from government banks (DBP, PNB, LBP)
• President’s Social Development Fund
• DOF-BLGF Municipal Development Fund

2. Local Government

• Local appropriations for housing

• Savings
• Special sources of revenue
• Bond flotation
• Calamity Funds (preparation of relocation sites/facilities pursuant to DILG-DBM
Joint Memorandum Circular 2003-1)

3. Other Sources

• International, bilateral or multilateral aid sources (Ex. Japan Grant Aid for general
project, ODA)
• Non Government Organization (Habitat)
• Private banks

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What are the programs being offered by the national government to support
the local housing program?
There are various programs to provide end-user housing loans. Note that under this
program, interest rate for socialized housing (units worth P225,000 and below) have been
set as low as 6 percent to 8 percent.
There are also development financing available from various government financial
institutions and shelter agencies.
How to avail of development financing?
Developers can avail of financing for its projects from government institutions i.e. DBP,
LBP, PNB, SSS, GSIS and HDMF. Details on these funding programs can be acquired from
the respective agencies.

What is end-user financing?

End-user financing is provided by the Home Development Mutual Fund and the
Government Service Insurance System.
Details on these funding programs can be acquired from the respective agencies or
through the GMAC .

What are the forms of financial assistance per housing program or project of
each of the following government agencies and financial institutions: NHA,
HIGC, HDMF, NHMFC, DBP, LBP, GSIS, SSS and PNB?
1. National Housing Authority
• Resettlement (acquisition and development of land) Delivery scheme is through
joint-venture whereby land or land cost is provided by the LGU
• Medium Rise Public Housing (maximum of five storeys, walk-up) – through joint-
venture
• Sites and Services (serviced homelots) – joint-venture
• Local Housing (cost-recoverable, socialized project) –joint venture
2. Home Guaranty Corporation
• Securitization – Guaranty cover on security or financial instruments issued for
housing purposes (alternative source of capital for housing development).
3. Home Development Mutual Fund
• Local Government Housing Program – Direct loan to LGU for land acquisition and
development, including construction of housing units
• Group Land Acquisition and Development – is a facility in which an organized group
of at least 30 Pag-IBIG members organized as a cooperative or HOA is provided
financing for the acquisition of rawland and its subsequent site development and
further financial assistance for house construction.
4. National Home Mortgage Finance Corporation

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 • Community Mortgage Program (CMP) – A financing scheme that allows residents of
blighted areas to own the lots they occupy and to construct houses therein. LGUs
can act as loan originators.
• Abot Kaya Pabahay (AKP) Developmental Loan Program – Assistance to localities
identified by LGUs as priority areas in relation to socio-economic and housing
development.
5. Development Bank of the Philippines
• Regular LGU Housing Program – Long-term loan (maximum term is 15 years) for
housing-related activities. The housing units or lots generated under the program
will be sold to the target beneficiaries on installment basis.
• LGU Housing Loan with Take-out Mechanism (Bridge Financing) – End-buyers
secure housing loans from either the DBP or GSIS Individual Housing Loan
Program. The LGU in turn repay DBP the corresponding loan.
• Standby Credit Facility Convertible to a Term Loan (maximum term of 2 years) –
Joint venture undertaking by the LGU with a private developer. A DBP standby
letter of credit will be issued to guarantee the LGU’s payment to the developer.
Collateral Requirements - Deed of Assignment with hold-out of a specified portion
of the LGU’s IRA
6. Land Bank of the Philippines
• Lending Program for LGUs – The loan amount is based on the project requirement
whereby the LGU shall contribute 25% of the total cost.
Collateral can be 20% of IRA or 20% of regular income or net profits/income from
the project.
7. Philippine National Bank
• LGU Financing – The loan amount is based on the project requirement (not to
exceed 5x of the 20% of IRA or 20% of regular income). Collateral can be 20% of
IRA, 20% of regular income or net profits/income from the project and mortgage of
the LGU’s other public properties (idle).

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RESETTLEMENT

What are the procedures involved in the preparation and implementation of

resettlement projects?

The step-by-step procedures to be observed are as follows:

1. Pre-Implementation
• Project Identification

a. Resettlement planning
b. Baseline survey
c. Evaluation of sites
d. Selection of sites

2. Project Preparation
• Community organization and participation
• Plan preparation
• Compensation scheme and eligibility criteria

3. Project Appraisal and Financing

• Feasibility Study
• Identification of funding
• Identification of resource requirements

4. Detailed Engineering
• Architectural and Engineering Designs

5. Implementation
• Relocation
a. Site acquisition
b. Project construction
c. Land registration, titling and payment of compensation
d. Award - Transfer arrangement
e. Strengthening community organization
• Resettlement and Rehabilitation
a. Access to employment, training and credit
b. Shelter, infrastructure, social services

6. Post-Implementation
• Estate management
• Monitoring, appraisal and evaluation

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COMMUNITY MORTGAGE PROGRAM

What are the procedures involved in the preparation and implementation of

Community Mortgage Program (CMP) with the LGU as originator?

The step-by-step procedures to be observed are as follows:

1. Stage I. Purchase Commitment Line (PCL) Application

• Landowner executes letter of intent to sell to Community Association (CA)

• CA applies for CMP loan through the originator (LGU)
• LGU processes CA’s application and applies for PCL with NHMFC
• NHMFC conducts background investigation and appraisal prior to PCL approval

2. Stage II. Letter of Guaranty (LOG)

• LGU prepares and deliver Letter of Guaranty (LOG) documents to NHMFC

• NHMFC evaluates and issues LOG

3. Stage III. Payment of Land and Land Development

• Landowner executes deed of absolute sale and transfer of title in CA’s name
• LGU prepares compliance
• NHMFC releases funds (payment of land and land development)

4. Stage IV. Project Implementation

FOR PRO-FORMA DOCUMENTS, SEE ANNEX “J”

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REGULAR HOUSING PROGRAM
What are the procedures involved in the preparation and implementation of
regular low-cost housing projects?
The step-by-step procedures to be observed are as follows:
1. Data gathering
• Identification of intended beneficiaries, determination of existing supply and
demand including required and available resources (land, infrastructure, finance,
labor, building materials)
2. Site Selection
3. Engineering Details
• Development or schematic plan (road layout, gradient, typical roadway sections
and road easements or right-of-way, etc.)
• Vicinity plan, lot plan and layout
• Topographic or survey plan to include boundary lines, technical descriptions,
elevation, significant features, etc.
• Proposed public improvement including existing land use.
4. Preparation of Project Feasibility Study
5. Approval of the project includes permitting requirements
6. Project Implementation
• Overall implementation strategy (identification of critical activities. Use of PERT-
CPM to identify reasonable time frame of the project)
• Project schedule (time, resources requirement and activity)
• Management structure (define communication flow and scope of supervision)
• Fund management (budgetary control)
7. Sale/Award
• Disposition of house and/or lot packages
• Loan arrangement (cost recoverable mechanism)
8. Monitoring and Evaluation
Establish initial program plan and base information
• Collect data
• Compare actual data with plan data
• Identification of issues requiring decision
9. Evaluation Report
• Project background information
• Scope and methodology of evaluation used
• Findings, conclusion, and recommendation

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LGU-NHA JOINT VENTURE UNDERTAKING

What are the procedures involved in the preparation and implementation of

LGU - NHA joint-undertaking housing project?

1. Pre Project Implementation Phase

• LGU submits project proposal/feasibility study to NHA

• NHA conducts evaluation, assessment and verification on the following:
Classification of municipality, income and housing need profile;
Suitability of land
Market profile
Contribution of LGU
• Proposal submitted for consideration of the NHA Board Directors.

2. Project Approval (process shall follow the NHA standard procedures)

3. Project Implementation (governed by the provisions of the agreement)

4. Project Financing and Cost Recovery

• Recovery of project funds is through home buyers financing (HDMF or other similar
financing programs)
• Pricing of housing unit includes land acquisition and development, housing
construction cost, overhead and financing charges

5. Beneficiary Selection (should be undertaken by the LGU)

6. Project Completion

• Operation and maintenance by the LGU

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PERMITS, CLEARANCES, APPROVALS FOR PROJECTS

What are the procedures to be followed in acquiring the required permits,

clearances or approvals from the concerned agencies?

The step-by-step procedures to be observed are as follows:

1. Department of Agrarian Reform (DAR) Clearance

The following are the required documents:

• Certified copy of Title (OCT/TCT) and/or other legal documents establishing land
ownership.
• Department of Agriculture (DA) certification that the land has ceased to be
productive economically and agriculturally.
• LGU Certification that the project is inside the proper zone (land use plan/zoning
ordinance)
• Proposed project site characterization outline (project details, environmental
settings, mitigation measures)
• Cadastral/vicinity map
• Photographs of the project site

2. Department of Environment and Natural Resources – Environmental Management

Bureau (DENR–EMB) Approval

• The LGU shall prepare and submit an Initial Environment Examination (IEE) for
Community Housing Projects to EMB

3. Sanggunian Approval

• Upon completion of the required clearance and documents, the proposed project
shall, then, be submitted to the Sanggunian for deliberations and approval.

4. Department of Environment and Natural Resources – Land Management Bureau

(DENR-LMB) Verification and Approval

• Approved subdivision plan, surveys and technical descriptions of the project for
title verification.

5. Housing and Land Use Regulatory Board (HLURB) Certificate of Registration and
License to Sell

The LGU shall accomplish the following documents as per HLURB requirements:

• TCT/OCT duly stamped with original marking “certified true copy”

24
 • LGU’s audited balance sheet and financial statement
• Authority (certification) to engage in the development and selling of the subject
property
• Copy of brochure, circular, prospectus, advertisement or communication used
• Sample copy of Contract to Sell or Award
• Environmental Compliance Certificate (ECC) or Certificate of Exemption issued by
the DENR-EMB)
• Approved/verified survey plan
• Approved subdivision Plan

6. Land Registration Authority (DOJ-LRA) and the Register of Deeds’ Registration of Title

The LGU shall then apply for registration of title before the Land Registration
Authority (DOJ-LRA) and the Register of Deeds with the following accompanying
documents:

• Original plan approved and certified by the Office of the Regional Director
• Property technical description
• Surveyors certificate
• Assessed value of the property

25
 • ANNEX A

(A STANDARD FORMAT OF THE ESTABLISHING MUNICIPAL URBAN DEVELOPMENT AND HOUSING BOARD)

RESOLUTION NO. ___

(Series of 2002)

A RESOLUTION ADOPTING THE ENACTMENT OF A MUNICIPAL ORDINANCE CREATING THE “MUNICIPAL

URBAN DEVELOPMENT AND HOUSING BOARD OF THE MUNICIPALITY OF ___________ PROVINCE OF
__________________.

WHEREAS, Section 9, Article XIII of 1987 Constitution provides that the State shall by law, and
for the common good undertake, in cooperation with the private sector, continuing program of urban land
reform and housing which will make available at affordable decent housing and basic services to
underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate
employment opportunities to such citizens. In the implementation of such programs, the State shall respect
the rights of small property owners.
WHEREAS, Section 17, Republic Act 7160, provides that LGUs shall endeavor to be self-reliant and shall
continue exercising the powers and discharging the duties and functions currently vested upon them x x x as
are necessary, appropriate or incidental to efficient and effective provision of basic services and facilities
enumerated herein xxx (viii) Programs and projects for low-cost housing and other mass dwelling, except those
funded by the SSS, GSIS and the HMDF; Provided that national funds for those programs and projects shall be
equitably allocated among the regions in promotion to be ration of the homeless to the population xxx).
WHEREAS, Section 18, Republic Act 7160, provides that LGUs shall have the power and authority to
establish an organization (underscoring supplied) that shall be responsible for the efficient and effective
implementation of their development plans, programs objectives and priorities: xxx to acquire, develop, lease,
encumber, alienate or otherwise dispose of real or personal property held by them in their propriety capacity,
and to apply their resources and assets for productive, developmental, or welfare purpose, in the exercise or
furtherance of their governmental or proprietary powers and functions;
WHEREAS, Republic Act 7279, provides for a decent shelter to the underprivileged and homeless
citizens in urban areas and resettlement areas whose lives are generally marked by economic insecurities and
whose occupancy on the land is uncertain.
WHEREAS, as provided in the Presidential Executive Order No. 45 dated October, 2001 Prescribing
Time Periods for Issuance of Housing Related Certifications, Clearances and Permits, and
Imposing Sanctions for Failure to Observe the Same, the government is committed to reducing the
period for processing of housing related documents and has directed the concerned agencies to designate
responsible officers at the Regional Level with sufficient authority to accept, process, and dispose of
applications for housing related certifications, clearances, or permits;
WHEREAS, The Municipal Government of _______, recognizes the necessity or creating a MUNICIPAL
URBAN DEVELOPMENT AND HOUSING BOARD” that will oversee not only in the implementation of a
different housing programs in a specific barangay, either it be by local, provincial or national government and of
other agencies for the urban and rural poor and other bonafide residents of the municipality who are homeless,
but also to act as ONE STOP SHOP HOUSING PROCESSING CENTER;
WHEREAS, the significance of creating the “MUNICIPAL URBAN DEVELOPMENT AND HOUSING
BOARD” as opportunely mandated is highly needed as it shall be responsible in taking changes and shall be
tasked in the formulation of policies relative to shelter and different housing programs of this municipality;
NOW THEREFORE, on motion of Hon. _____________________ and duly seconded by Hon.
______________________, be it;

RESOLVED, as it is hereby resolved to enact the following ordinance, to wit:

26
 MUNICIPAL ORDINANCE NO. ___
AN ORDINANCE CREATING THE MUNICIPAL URBAN DEVELOPMENT AND HOUSING BOARD OF THE
MUNICIPALITY OF _____________, PROVINCE OF ___________
SECTION 1. TITLE : AN ORDINANCE CREATING THE MUNICIPAL URBAN DEVELOP MENT AND HOUSING
BOARD OF THE MUNICIPALITY OF _____________PROVINCE OF _______________
SECTION 2. DEFINITION OF ROLE/FUNCTIONS:
ROLE: The Board shall be the policy making body on shelter and housing Programs and to act as the
ONE STOP SHOP HOUSING PROCESSING CENTER of the municipal government of
_____________________________
FUNCTIONS:
a. Ensure the creation of the Municipal Urban Development and Housing Office
(MUDHO)/Task Force/Unit/ or Team directly responsible under the Office of the Municipal
Mayor.
b. Recommends all proposals for the budgetary requirements pertinent to the operation of the
Municipal Development and Housing Office/Task force/Unit/Team.
c. Promulgate policies/guidelines pertinent to the implementation of the Local shelter and
housing programs in accordance with RA 7279.
d. Approve/disapproves the Comprehensive City/Municipal Shelter Plan submitted by the
City/Municipal Development and Housing Office/ Task Force/Unit/Team.
e. To act as One Stop Housing Processing Center to process all housing related permits,
clearances and certifications, but not limited to land-use reclassification, development
permits, locational clearances and other housing related activities..
f. Recommends for approval of the Sangguniang Bayan the certifications, clearances,
development permits and other housing related activities of a project proponent (s).
g. Recommends for approval of the Sangguniang Bayan the Comprehensive Land Use Plan
(CLUP).
h. Ensures the creation of the Community-Based Housing Coordinating Committee and its
implementing guidelines.
i. Advises the Sangguniang Bayan on matters of local taxation which may affect the local
government’s different community-based housing programs.
j. Recommends for the approval of the Local Chief Executive (LCE) partnership agreements
with any other government housing or private entity or organizations, including but not
limited to the following programs: Housing Production Assistance, Resettlement
Development, Local Housing and Cost Recoverable Joint Venture.
k. Recommends for approval of the Sangguniang Bayan the accreditation any Community
Housing Associations (CHAs) on any related housing projects and other private originators
for CMP.
l. Recommends for approval of the Local Chief Executive and or the Sangguniang Bayan
hiring of consultants in various housing related activities not limited to preparation of
Comprehensive Land Use Plan but also of technical assistance of implementation of
different housing programs and preparation of comprehensive shelter plan of the city/
municipal government.
m. Acts as CMP originator and enabler of any different housing projects;

27
 n. Recommends for the approval of the Local Chief Executive agreements with any
government or private entity for the conduct of proper planning sessions, training,
seminars, conferences and capability building in any housing related activities or issues;
o. Authorize the City/Municipal Treasurer, as the case may be, to disburse funds from the
Special Housing Trust Funds to the board approved appropriation prepared in accordance
with applicable existing rules and regulations.
p. Serve as Advisory Committee to the Sangguniang on Urban Development and Housing
Programs such as, but not limited to, necessity of local appropriations for the use of the
Urban Development and Housing Programs.
q. The office of the MPDC shall serve as the Housing Coordinator/ Officer under the Office of
the Mayor in temporary capacity until such time that the Municipal government is already
capable of hiring a permanent and qualified housing coordinator/officer.
SECTION 3. COMPOSITION: The Municipal Urban Development and Housing Board shall be composed of the
following:
Chairman: Mayor
Co-Chairman: Chairman, Land Use and Housing Committee of the Sangguniang Bayan
Members: Municipal Planning and Development Coordinator (MPDC)
Municipal Engineer
Municipal Urban Development and Housing Coordinator/ Officer
Municipal Social Welfare and Development Officer
Municipal Environment and Natural Resources Officer (MENRO)
DILG representative and/or ABC President
Local Commission on Audit (COA)
Representative of Key Shelter Agencies (KSA)
Representative of Federation of different Community Housing Associations (urban poor)
existing in a locality if there is any and/or any NGO/PO on housing related issues
Representative of any private professional practitioners in housing like CREBA, SHDA and
other housing related organizations existing in a locality city/municipal or at provincial level, if
there is any.
Representative of Provincial Urban Development and Housing Office
(SB could add any Sangguniang members as many as they can, if necessary, as members)
SECTION 4. MEETING AND QUORUM
a. The local board shall meet at least once a month or as often as may be necessary.
b. The chairman or the co-chairman or any five (5) members may call a meeting. A majority of all of
its members shall constitute a quorum.
SECTION 5. BENEFITS – The Board may submit to the Sangguniang Bayan for approval a scheduled
honorarium for the members of the Board for each meeting, if funds available subject for existing rules
and regulations..
SECTION 6. BUDGET REQUIREMENT:
a. The Board shall submit to the Sangguniang Bayan for approval its operational requirement for the
year of the administrative operations of the Municipal Urban Development and Housing Board
Office/unit and thereafter that will cover the salaries and wages its benefits, travel expenses
(accommodation/ transportation, meals allowances, etc.) and other incidental expenditures.
b. The Board shall also submit to the Sangguniang Bayan for consideration and approval an annual
supplemental budgetary needs when necessary arises that will be appropriated or shall be taken
from its share of the one half (.05%) realty tax on real properties.
SECTION 7. PRIORITIES FOR FINANCIAL ASSISTANCE

28
 The Municipal Urban Development and Housing Board shall extend Financial assistance as priorities to
the following:
a. Victims of evictions and demolitions, if there is no available relocation or resettlement project as
defined under Sec. 28 of UDHA.
b. Financial assistance to registered and accredited community housing associations for the purpose
of equity and other incidental expenses of housing related projects.
c. Earnest money to pay private landowners for housing projects.
d. Down payment for the acquisition of private property/right of way for housing related projects.
e. Expropriation proceedings of private properties/for low-cost and socialized housing projects.
Financial assistance extended to community housing association shall be in the form of a loan with 6% interest
rate to be charged per annum and payable in installment basis.
SECTION 8. SPECIAL HOUSING AND TRUST FUNDS
a. This provision establishes a special account to be called “Special Housing and Trust Funds
exclusively for housing purposes.
b. The proceeds generated from the collection of the additional one half Percent (.05%) tax
on real properties shall accrue to the SPECIAL HOUSING AND TRUST FUNDS (SHTF). In
case of the province, the proceeds shall be equally shared between the province and
municipal development and housing boards ; Provided, however, that the proceeds shall be
allocate tin accordance with the implementing rules and guidelines formulated by the
Provincial/City/ Municipal Development and Housing Board concerned.
c. All funds/monies generated and collected from various sources intended for housing and
other related development programs shall be deposited by the Municipal Treasurer for the
exclusive account of the Special Housing and Trust Fund (SHTF) for the purpose of pursue
the goals and objectives of the Board in any government bank.
d. All payments, remittances, accrued interests, penalties and other from the community
housing associations which benefited from any financial assistance extended to them by
the LGU or from any other sources should be deposited in the same account.
e. Payments of accreditation of CHA and CMP private originators, CMP Origination fees, share
in payment of development permits, locational clearances and land use conversion fees
and other fees for housing related activities are sample of sources of funds for Special and
Housing Trust Funds.

SECTION 9. COMPENSATION AND RENUMERATION

a. The Chairman, Co-chairman and members of the Municipal Urban Development and Housing Board
shall perform their duties and responsibilities without any compensation and remuneration except
honorariums as may be granted by the Sangguniang Bayan in its annual appropriation or supplemental
budget.

b. Except for members of the Board who are not government employees either appointed or elected shall
be entitle to necessary traveling expenses and allowance as provided for in its annual appropriation or
supplemental budget, subject to existing rules and regulations.
SECTION 10. MUNICIPAL URBAN DEVELOPMENT AND HOUSING UNIT/ OFFICE
a. This provision enables the creation of Municipal Urban Development
b. And Housing Unit or Office. This unit or office under the Office of The Mayor- will designs,
programs, executes and coordinates all plans, projects and activities relating to the
implementation of community-based housing and other appropriate social housing program
packages for designated target clienteles/beneficiaries.

29
 c. This unit or office will be having three sections; administrative and services section, field
operations section and technical services section.
d. This enables to hire professional staff with a plantilla position to man the said office/unit
subject to availability of funds..
e. The main focus will be the provision of housing to the lowest 30% of population who have
no lots yet for their housing.
f. It will developed programs and projects meant to enhance community awareness and
participation in housing project planning and implementation. It also concerned itself with
the development of access for the delivery of necessary social services (in the areas of
education, health and environmental sanitation) to its project communities’ residents in the
line with the call for holistic and integrated development.

SECTION 11. DEMOLITION

Local Housing Board shall oversee the implementation of Section 28 of The UDHA or R.A. 7279 and its
implementing rules and regulations. Provided, however, that the application of the rules and
regulations pertaining to just and humane evictions and demolition shall not require proof of the
blighted status of the area in question or subject to court resolution.
In this regard, the Municipal Urban Development and Housing Board shall:
a. Oversee and coordinate government activities relative to consultations, relocations and
resettlement of the underprivileged and homeless citizens in cases when evictions and demolitions
affecting them are necessary and allowed by existing laws.
b. Recommend policy measure and/or undertake appropriate action to ensure full compliance with the
constitutional mandate and statutory requirement prior to the eviction and/or demolition affecting
the underprivileged and homeless citizens; and
c. Issues directives, rules and regulations, not otherwise inconsistent with existing laws, as it may
deem necessary to effectively carry out the purpose of the constitutional mandate to ensure just
and humane eviction and demolition.
SECTION 12. COMPLIANCE REPORT
Before undertaking eviction and/or demolition affecting the underprivileged and homeless citizens, local
government unit, national government agencies or other proponents of eviction and demolition activities,
including employees of judiciary shall submit a compliance report to the local housing board with a statement
under oath, that:

a. Adequate relocation as defined and outlined under pertinent laws, rules and regulations have already
undertaken and sufficiently with the affected residents.
b. The pre-relocation and post-relocation phases outlined under pertinent laws, rules and regulations have
been carefully observed.
The compliance report shall include a certified list of families to be evicted and/or relocated.
It shall be the responsibility of the local development and housing board to submit a regular monthly
accomplishment report on all the activities of the said board to provincial urban development and housing
board copy to DILG and HUDCC Regional Offices which in turn will be sent to DILG/HUDCC Central offices
respectively.
SECTION 13. COURT ORDERED EVICTION AND DEMOLITION:
Local Development Housing Board shall represent the local government unit in any case before any court,
tribunal, quasi-judicial body or agency on eviction and demolition of the underprivileged and homeless citizen
as a remedy is sought by the complaining party.
In this regard, all complaints for ejectment shall include a prayer for the court with proper jurisdiction:

30
a. to determined whether the party defendant is an underprivileged and homeless citizen; and
b. to compel the local government unit and/or party defendant, if indeed such underprivileged or homeless
citizen or the status of a citizen has been established by a preponderance of evidence.
All complaints for ejectment which do not contain such prayer shall be treated as a mere “scrap of paper” and
shall be dismissed without prejudice to the re-filling of another complaint. Provided, however, that prescriptive
period provided for law has not lapsed.
SECTION 14. EFFECTIVITY
This ordinance shall take effect immediately upon its approval.

UNANIMOUSLY APPROVED, __________________________

----------------------------------------------------------------------------------------------------------

I HEREBY CERTIFY, the correctness of the foregoing resolutions which was duly adopted by the
Sangguniang Bayan of ________, _____________ during its regular session held on ____________________.

Secretary to the Sangguniang Bayan

ATTESTED AND CERTIFIED TO BE DULY ADOPTED APPROVED,_________

31
 ANNEX B

PROCESS FLOW FOR ACTIVITIES FOR LOCAL GOVERNMENT INITIATED

HOUSING PROGRAMS/PROJECTS
Preparation of a Local Shelter Plan

Survey of beneficiaries
Data
Gathering

Situational
Analysis
Identification of Sites/ available Lands

Goals &
Objectives
Setting
Matching of project with different
Shelter housing program
Strategy
Formulation

Development Identification of Financing Program End-user

Financing

Preparation of Feasibility Study /

Technical Documents (Plans, Title,etc)

Permitting Requirements

Project Implementation

Evaluation

Sales/Award and Disposition

Estate Management

Monitoring and Project Evaluation

32
 Annex C

DATA REQUIREMENTS FOR SHELTER PLANNING

Data requirements Specific information Agency/Office Responsible

required
Housing Needs

New housing needs Total Population Mun. Census Office, NSO

Population Growth -do-
Household size -do-
Household/Dwelling -do-
Unit
Relocation Needs Households in danger Survey, LGU
areas
Homeless population Local DSWD
Households in priority DPWH, Local engineering
infrastructure, project Office
sites
Squatter population
DSWD, PCUP, NHA, NGOs,
DILG, LGU
Land Requirements Present land use and Assessors Office
cost
Zoned land use and LGU Land inventory Data/BIR
valuation Register of Deeds, LMB
Land ownership
Financial Available HUDCC, SSS, HDMF, GSIS,
Requirements Developmental, Buyers ADB, LandBank, NHMFC,
Finance Private Banks
Infrastructure Infrastructure provision LGUs Engineering Office,
Provision capacity (water, Public utility companies, DPWH
electricity, sewerage,
road, drainage, waste
collection)
Housing Standards and HLURB, LGU
regulations: Minimum
design standards

33
 Annex D

Flowchart for Conducting Surveys

Inputs Process Outputs

Overall Strategy for Determine analytical
implementation framework

Identify data requirements Affected persons or

Survey design and sources target beneficiaries

Conduct initial social Compensation

assessment packages

Evaluate Alternative Site Profile

Sites

Register households Survey reports

Site Design/layout

Conduct perception survey Community

Organizing

Socio-Economic Survey Shelter study/

housing design

Deal demand survey Community

Services and
facilities planning

34
 Annex E

Community Organization and Participation Process Flow

Registration

Consult with community leaders

/target beneficiaries

For resettlement: Form

Interagency committee

Conduct Social Preparation

Conduct public consultation

Conduct baseline survey

For resettlement project: Register

organization with SEC/CDA

35
 Annex F
Form __________
LAND EVALUATION REPORT

Landowner : ________________________________________________
Address : ________________________________________________
TCT No. : _______________________ Area : ________________
Location : ________________________________________________
Date Inspected : ________________________________________________

I. LAND OWNERSHIP

___________________ Clean
___________________ With encumbrance/liens/claims (specify)
______________________________________
______________________________________

II. SELLING PRICE

1. Offered Selling Price/per square meter

P_____________ per square meter
2. Prevailing Market Value of lots in the area
P_____________ per square meter

III. PHYSICAL CHARACTERISTICS

1. Present Status of lot

____________ Vacant
____________ With structures occupied by caretaker/tenants
quantify _____________
____________ With squatters
quantify _____________

2. Existing Land Use/Zoning/Declared Use per Tax Declaration

LAND : Actual : Approved : Declared Use

USE : Land Use : Zoning : (Tax Declaration)

Residential
Agricultural
_____ w/DAR Conversion
_____ w/o DAR Conversion
Unproductive rawland
pastureland
Others, specify ____________________________________________

36
 3. Size of Lot :_________________ Hectares/square meters

4. Shape of Lot: _____________________________________________

5. Topography
____________ Flat
____________ Rolling/highly elevated
____________ Below street level

6. Other Physical Characteristics (i.e creek, transmission line, prone to flooding,

etc.)_________________________________________________________
____________________________________________________________

IV NEIGHBORHOOD

1. Area Surrounding the Site

_________________ Developed
_________________ Semi-Developed
_________________ Undeveloped

2. Peace and Order Situation

____________________________________________________________

V. FACILITIES AND UTILITIES

1. Water Supply
_____________ Direct line to waterworks system
_____________ Indirect line to waterworks system
_____________ Deepwell

2. Drainage
_____________ Outlet thru creek/river
_____________ Outlet thru private drainage system
_____________ Outlet thru drainage right-of-way

3. Availability of Power
_____________ With power lines within the property
_____________ With power lines from access road
_____________ No available power lines

4. Type of Road that Services the Area

_____________ Well-paved cemented or asphalted
_____________ Cemented or asphalted not well maintained
_____________ Dirt or unsurfaced road

37
VI. ACCESSIBILITY

1. Distance to main transportation line

______________________ Km.

2. Availability of Public Utilities

Bus/Jeepneys/other ___________ Frequency of trips ________
Fare _________ Route _____________________

3. Distance of Site to Service/Facilities

Schools ___________________________________ Distance_____

Market/Commercial Center ____________________ Distance _____
Recreational________________________________ Distance______
Municipality/City/Provincial Hall ________________ Distance _____
Employment Opportunities ____________________ Distance _____
Churches __________________________________ Distance _____
Industrial Centers __________________________ Distance _____

4. OTHER INFORMATION/REMARKS
______________________________________________________________
________________________________________________________________
____________________________________________________________

5. RECOMMENDATIONS
________________________________________________________________
___________________________________________________________
_____________________________________________________________

Prepared by:

_________________

38
 Annex G
HOW TO OBTAIN AN ORIGINAL CERTIFICATE OF TITLE

The principal function of the LRA is the issuance of land titles. The following are
the steps in the judicial registration of land leading to the issuance of the Original
Certificate of Title:
1. SURVEY OF LAND – The land must be surveyed by a licensed surveyor who
shall prepare a plan on tracing cloth or Diazo Polyester film
2. APPROVAL OF PLAN - The plan should be approved by the Director of Lands/
Regional Lands Director/ Regional Technical Director having jurisdiction of the
place where the property is situated. Said plan must be accompanied by the
corresponding technical description and that the same must be verified and
certified by the Director of Lands/ Regional Lands Director/ Regional Technical
Director or his duly authorized official representative to make such
certification.
3. FILING OF APPLICATION - The application for land registration shall be in
writing and be filed in the Regional Trial Court of the place where the land is
situated. It shall be prepared in seven (7) copies, signed and sworn to by the
applicant.
a. The original plan on tracing cloth or Diazo Polyester Film duly approved by
the Director of Lands/ Regional Lands Director/ Regional Technical Director
or in lieu thereof, a true copy of the same on tracing cloth or Diazo
Polyester Film properly attested and certified to the said office
b. The original plan on tracing cloth or Diazo Pointer Film properly attested
and certified by the said office or the official authorized to make such
certification together with (2) print copies thereof.
c. Three (3) copies of the technical description duly verified and certified by
the Regional Technical Director or his duly authorized official representative
and that the same must be in due form consistent with LRC Circular 365.
d. Three (3) copies of the surveyor’s/Geodetic Engineer’s Certificate or
Certificate of Non-Availability, Tax Declaration Assessment Certificate
e. Four (4) copies of the latest Tax Declaration or Assessment Certificate from
Assessor’s Office of the place where the land is situated.
The application shall contain the following data and information:
1. Description of the land
2. Civil status of the applicant whether married or not; if married, the name
of the wife or husband, and if unmarried, whether he or she has been
married, and if so, when and how marriage relation was terminated, and
if divorced, when, where and what court the decree was granted. If the
applicant is minor, statement of his/her age.
3. Full names and addresses of the applicants, the occupants of the land,
and all adjoining owners if known; if unknown, statement showing what

39
 search has been made to find them, if applicant is minor, the full name
and address of his or her legal guardian
4. Citizenship of the applicant
4. LAND REGISTRATION CASE NUMBER – The Clerk of Court shall assign the
“Land Registration Case Number” upon receipt of the application
5. DATE OF HEARING – The Court shall set date of hearing of the application in
accordance with Section 23 of PD 1529 and LRC Circular No. 353. The Court
Order setting the date of initial hearing shall be sent to LRA together with the
duplicate copy of the application; original or certified copy of plan on tracing
cloth or Diazo Polyester Film; duplicate original copy of the technical
description; surveyor’s certificate; latest Tax Declaration; and proof of
payment of publication fee in the Official Gazette to enable us to cause
publication of Notice of Initial Hearing in the Official Gazette.
6. PUBLICATION. The Notice of Initial Hearing prepared by the LRA shall be
published once in the Official Gazette and once in a newspaper of general
circulation in the Philippines.
The cost of publication in the Amount P1,012.50 if the application embraces
one lot and an additional amount of P322.50 for every lot in excess of the first
shall be paid by the applicant to the Clerk of Court upon filing of his
application who shall remit the amount to the Director, National Printing
Office.
7. OPPOSITIONS- All persons who claim ownership or any interest in the land
may file in court oppositions to the application so that their rights may be
heard.
8. EVIDENCE – The applicant and the oppositors shall present evidence to prove
ownership during the hearing
9. DECISION - After hearing, the court shall render decision confirming the title
of the person who has proven his ownership. When the decision becomes
final, the court shall issue an Order directing the Administrator of the LRA to
issue a Decree of Registration in favor of the said person.
DECREE AND REGISTRATION.- Upon receipt by the Registrar of Deeds of the
Original and duplicate of the Original Certificate of Title of Decree of Registration,
the Registrar of Deeds shall indicate the corresponding OCT Number and file the
same in his office. The Register of Deeds shall issue the owner’s duplicate copy
of the Original Certificate of Title to the registered owner upon payment of legal
fees.

40
 ANNEX H

COMPUTATION OF AFFORDABILITY

Affordability can be determined on the basis of loan capacity of household which is related to
income and expenses. Data and assumptions needed are:

• Income groups and typical monthly income

• % of income devoted to capital costs of new housing (Reference can be made to the
Family Income and Expenditures Survey)
• Loan terms (repayment period, interest rate)
• Regional or local poverty threshold and incidence (source: NEDA

Example 1:
1. Typical (Median) monthly income = P10,000
of targeted beneficiaries

2. Average % of income spent for housing (Refer to FIES 1997) = 9%

Range is 9% - 11% (Rural)
Range is 14% - 17% (Urban)

3. Annual income for capital costs = 12 x Ave. % x Monthly Income

= 12 x 9% 10,000 = P10,800

4. Loan Terms:
30 years; 6% p.a. interest; monthly amortization

SAMPLE COMPUTATION (HDMF Housing Loan Rates)

Monthly Loan Term (In Net Disposable
LOAN AMOUNT Interest Rate Amortization Years) Monthly Income
Php100,000.00 6% Php599.55 30 1,498.88
150,000.00 6% 899.33 30 2,248.31
200,000.00 6% 1,199.10 30 2,997.75
300,000.00 6% 1,798.65 30 4,496.63
400,000.00 7% 2,661.21 30 6,653.02
500,000.00 7% 3,326.51 30 8,316.28
600,000.00 7% 3,991.81 30 9,979.54
700,000.00 7% 4,657.12 30 11,642.79
750,000.00 7% 4,989.77 30 12,474.42
800,000.00 10.5% 7,317.91 30 18,294.79
900,000.00 10.5% 8,232.65 30 20,581.63
1,000,000.00 10.5% 9,147.39 30 22,868.48

41
 ANNEX I

LIST OF REQUIREMENTS FOR ISSUANCE OF PERMITS

1. Department of Agrarian Reform (DAR) Clearance
• Certified copy of Title (OCT/TCT) and/or other legal documents establishing land ownership.
• Department of Agriculture (DA) certification that the land has ceased to be productive
economically and agriculturally.
• LGU Certification that the project is inside the proper zone (land use plan/zoning ordinance)
• Proposed project site characterization outline (project details, environmental settings, mitigation
measures)
• Cadastral/vicinity map
• Photographs of the project site
2. Department of Environment and Natural Resources – Environmental Management
Bureau (DENR–EMB) Approval
• The LGU shall prepare and submit an Initial Environment Examination (IEE) for Community
Housing Projects to EMB
3. Sanggunian Approval
• Upon completion of the required clearance and documents, the proposed project shall then be
submitted to the Sanggunian for deliberations and approval.
4. Department of Environment and Natural Resources – Land Management Bureau
(DENR-LMB) Verification and Approval
• Approved subdivision plan, surveys and technical descriptions of the project for title verification.
5. Housing and Land Use Regulatory Board (HLURB) Certificate of Registration and
License to Sell
The LGU shall accomplish the following documents as per HLURB requirements:
• TCT/OCT duly stamped with original marking “certified true copy”
• LGU’s audited balance sheet and financial statement
• Authority (certification) to engage in the development and selling of the subject property
• Copy of brochure, circular, prospectus, advertisement or communication used
• Sample copy of Contract to Sell or Award
• Environmental Compliance Certificate (ECC) or Certificate of Exemption issued by the DENR-EMB)
• Approved/verified survey plan
• Approved subdivision Plan
6. Land Registration Authority (DOJ-LRA) and the Register of Deeds’ Registration of
Title
The LGU shall then apply for registration of title before the Land Registration Authority (DOJ-LRA)
and the Register of Deeds with the following accompanying documents:
• Original plan approved and certified by the Office of the Regional Director
• Property technical description
• Surveyors certificate
• Assessed value of the property

42
 ANNEX J

DEPARTMENT OF BUDGET AND MANAGEMENT

DEPARTMENT OF THE INTERIOR AND LOCAL
GOVERNMENT
JOINT MEMORANDUM CIRCULAR NO. 2003-1
March 20, 2003

TO : ALL PROVINCIAL GOVERNORS; CITY AND MUNICIPAL MAYORS; BARANGAY

CHAIRMEN; NATIONAL/PROVINCIAL/CITY/ MUNICIPAL PRESIDENTS, LEAGUE OF
PROVINCES/CITIES/ MUNICIPALITIES AND BARANGAYS; AND OTHER OFFICIALS
CONCERNED

SUBJECT : USE OF LOCAL CALAMITY FUND APPROPRIATION FOR MAN-MADE DISASTER

RELIEF AND MITIGATION

1. This joint circular is issued to clarify that the annual lump appropriations of local government units for
relief, rehabilitation, reconstruction and other works or services in connection with calamities which
may occur during the budget year, mandated under Section 324 (d) of RA No. 7160, otherwise known
as the Local Government Code of 1991, as amended by RA No. 8185, may be validly used for relief,
rehabilitation, reconstruction and other works or services in connection with man-made disasters
resulting from unlawful acts of insurgents, terrorists and other criminals as well as for disaster
preparedness and other pre-disaster activities

2. Such relief, rehabilitation, reconstruction and other works or services including pre-disaster activities in
connection with such man-made disasters may, at the discretion of the local government unit
concerned, include the following:

2.1. Medical assistance, death and funeral benefits to the victims, their dependents and immediate
families, including victims who are Overseas Filipino Workers (OFWs).
2.2. Financial assistance and other services for medical, rescue and relief workers who have been
tasked to attend to the victims.
2.3. Preparation of relocation sites/facilities, disaster preparedness training and other pre-disaster
activities.

3. It is understood that the guidelines and procedures prescribed under the Rules and Regulations
Implementing RA No. 8185 governing the allocation and utilization of local Calamity Fund
appropriations shall be strictly observed.

4. This joint circular shall take effect immediately.

5. Please be guided accordingly.

(Signed) (Signed)
EMILIA T. BONCODIN JOSE D. LINA
Secretary Secretary
Department of Budget and Department of the Interior
Management and Local Government

43
 ANNEX K

DOCUMENTARY REQUIREMENTS FOR HOA REGISTRATION

• Articles of Incorporation – signed by all 5 to 15 incorporators on the last page.

Notarized.
• By-Laws- signed by all 5 to 15 incorporators on the last page.
• Written Undertaking by the Incorporators – to change the corporate name in
the event that another person, firm or entity has acquired a prior right to the use of
said name or one similar to it; and to comply with all the rules and regulations of the
HLURB.
• Information Sheet – contains the name of the association, principal office address,
list of board of directors and trustees and their addresses, list of officers and their
positions, list of members of the association. Notarized.
• Certification – as to the existence or absence of a HOA in the subdivision, territorial
jurisdiction of the HOA, name and address of the nearest existing HOA. Notarized.
• Authorization – written authority of the representative of the association.
Notarized.
• Letter of Intent to Buy
• Subdivision Plan – with an approval stamped by the HLURB
• HOA TIN:
Additional Requirements for CMP
• Location and Vicinity Map (on-site or off-site), Site Development Plan (off-
site only) – signed and certified by a geodetic engineer or surveyor.
• List of Officers and Members – stating the nature of their occupancy as owner or
tenant.
• Letter of Intent to Sell or Contract to Sell, Deed of Absolute Sale or
Memorandum of Agreement – original notarized copy.
• Transfer Certificate of Title – certified true copy of the TCT from the Register of
Deeds
• LGU Certificate – certification from the city or municipal engineer’s office that the
area is not flood prone, not within danger zone, and is suitable for housing
• Bio-Data – personal circumstances of the directors and officers of the association
“ If association is previously registered with SEC after May 1979, a Board Resolution
dissolving the Association, ratified by a majority of the members, must be filed with the
SEC/”
-----------------All Documents are Submited in Three (3) Copies -----------.

44
 ANNEX L

COOPERATIVE PABAHAY PROGRAM

The Cooperative Pabahay Program is an alternative housing approach that entails partnership undertaking with
financially and organizationally-stable cooperatives to address the housing problems of its low-income earners
through its own cooperative efforts in planning, and direct production of affordable, decent and adequate
housing units.

Unique features
1. Priority housing beneficiaries are the coop's members who are homeless low-income earners
2. Sustained ownership by the Cooperative
3. Access to fund sources
4. Equal sharing of benefits and responsibilities among cooperative members
5. Savings scheme for Housing Fund
6. Direct participation of the Cooperative along: '
o Project development and management
o Sustenance of community- development along housing; livelihood and maintenance of basic
utilities
o Actual land development and housing units construction

Who can avail the CPP?

As qualified Cooperatives duly-certified by the National Housing Authority to have passed all its evaluation
requirements,
Associations/POs must seek accreditation/ registration with Coop Development Authority.

NHA Technical Assistance Package

a. Consultancy services on the preparation of Project Feasibility Study, Architectural and
Engineering plans
b. Assistance on BIR Tax Exemption
c. Access to Financial Sources
d. Assistance in Loan Documentation and Packaging
e. Capability Building and trainings
f. Referral to potential developer for land development and/or house construction

Requirements for Availment of NHA’s Technical Assistance

1. NHA Certificate of Eligibility to undertake housing
2. COA Registration/Confirmation Certificate
• Cooperative Profile
• History
• Officers’ Profile
• Committees
• Programs & Services
• Annual Report
3. List of Prospective housing beneficiaries and income profile
4. Copy of Articles of Cooperation & By Laws
5. Audited Financial Statements with cash flow for the last 2 years
6. Vicinity Map of proposed housing site
7. Description of Existing or Planned Savings Program for housing
8. Certificate of Affiliation to federations/unions
9. Certificate/s of Award/s received

45
 ANNEX M

UDHA COMPLIANCE CHECKLIST

Name of LGU: ____________________________ Date_______________

CHECKLIST Yes No Remarks

Does the LGU have
Comprehensive Land Use Plan • When was the CLUP prepared?
• Has it been approved by the Sanggunian?
• Has it been approved by the HLURB?
Municipal Urban and Development and • What is the basis for creation?
Housing Office? • Does it have an annual budget?
• How many personnel does it have?
Municipal Urban and Development and • What is the basis for creation?
Housing Board • Does it have an annual budget?
• How many personnel does it have?
• Has it passed policies on housing and urban
development?
Urban Poor Affairs Office • What is the basis for creation?
• Does it have an annual budget?
• How many personnel does it have?
Committee on Housing at the Sanggunian • How many ordinances on housing and urban
development has it passed?
• How many councilors are members?
Local Shelter Plan • Was the Shelter Plan integrated in the Local
Development Plan/ Local Development Investment
Plan?
• Is there an ordinance ratifying it?
Zoning Ordinance • Is the Zoning Ordinance being implemented?
• When was it enacted?
Other Offices responsible for housing • What office is responsible for housing ?
2. LAND INVENTORY
Does the LGU have an approved CLUP • In case it has not been updated, why is it not yet
which identifies socialized housing sites? updated?
Does the LGU have a Land Inventory ? • Has there have been changes in the second Inventory
from the first inventory?
• What caused these changes?
Has the LGU identified sites for socialized • Has the LGU identified sites for socialized housing?
housing? • How many hectares of government land are unused
since Mar. 29, 1982 (10 years before Mar. 29, 1992,
the effectivity date of UDHA) have been identified?
• From those identified for socialized housing, what are
those found in the land inventory?
• Where are these lands located? (Whether on-site or
off-site; within the Municipality; within Metro Cities or
outside)

46
 • What are the classifications of these lands?
(Government-owned alienable lands of the public
domain; unregistered or abandoned and Idle lands;
within tie declared areas for priority development;
zonal improvement program sites; slum improvement
and resettlement program sites; Bagong Lipunan
Improvement of Sites and Services; privately owned
lands)
• Who owns the land?
• How many lots per classification, what are the size (in
has. or sq. in.)?
4. LAND ACQUISITION
Has the LGU acquired lands for socialized •
Did the LGU acquire the entire property? If not, just
housing? how big was or were the lot/s that you acquired?
• Why did the LGU not acquire it wholly? (Give the
location, classification, how many lots per classification
and who owns them)
• Aside from those identified as sites for socialized
housing, were there any other lands acquired?
• If there are, where are the locations and what are its
classification?
• How many parcels or how much land did the LGU
acquire for on-site development or slum improvement,
In-city, within Metro Cities or outside Metro Cities
relocation?
Has the LGU undertaken any of the • (From the lands acquired) What are the modes of land
modes of land acquisition? acquisition that have been used? -Community
mortgage, land swapping, land assembly or
consolidation, land banking, donation to the
government, joint-venture agreement, negotiated
purchase, o expropriation?
• How many idle lands were expropriated?
• How many were government owned or privately
owned?
6. DISPOSITION OF LANDS FOR SOCIALIZED HOUSING
Has the LGU disposed any of the acquired • Were these used for socialized housing? if not, why? if
lands? they were used, who developed the land?
• How much was the total project cost?
• How many houses/ units were built?
Does the LGU recover the cost of disposed • How many benefited from the disposition of the
lands? acquired lands?
• Were these given for free, leased-purchased or on
lease-purchase agreement?
• If beneficiaries are paying, how much?
• (If there are those who do not pay even if it's not for
free) Why are they not paying?
• What action did the LGU take on those who do not
pay?
• Where did the beneficiaries come from?
• Were the recipients UDHA beneficiaries?

47
7. SOCIALIZED HOUSING BENEFICIARIES
Has the LGU conducted a registration of • When was the registration of beneficiaries made?
UDHA beneficiaries?
•
How was this done? Were City/Municipal and Barangay
Registration Committees formed?
• How many program beneficiaries were listed?
• How many were residing on: public lands, private lands,
infrastructure project sites, or danger areas?
8. PROFESSIONAL SQUATTERS / SQUATTING SYNDICATES AND NEW ILLEGAL STRUCTURES
Has the LGU undertaken any action • What is the LGUs definition of the term 'professional
against professional squatters and squatters'?
squatting syndicates? • How about squatting syndicates?
• Has the LGU arrested or charged professional squatters
and or squatting syndicates?
• Where are they now?
• Were their residential structures demolished?
• How many families were involved?
• How many are children, women and elderly?
• From 1992, after a census of all 'illegal structure' was
done, has there been any increase that was recorded of
late?
• How many families or structures were added?
• Why did the LGU or Barangay allowed this to happened?
• Has the LGU caught / destroyed any new illegal
structures?
• In what places did these happen?
• How many families were involved?
• How many are children, women and elderly?
• Of the professional squatters, squatting syndicates and
new illegal structures that were demolished were the
affected families given relocation, given socialized
housing program, or included in the slum upgrading?
• Has the city government or the barangay council
received any administrative sanction for allowing or not
doing anything on the presence of 'new illegal structures'
in their areas of responsibility?
• What kind of administrative sanction did they receive?
9. POPULATION MOVEMENT
Does the LGU have any policy regarding • Does the LGU have any record of in-migration and out-
in-migration and out migration? migration in their locality?
10. EVICTION AND DEMOLITION
Is the LGU aware of the procedures on • How many demolitions and evictions were undertaken
demolitions and evictions? from 1997-1999?
• Where did this happen?
• What were the reasons? (private lands, danger areas,
esteros, railroad tracks, garbage dump sites, river-banks,
shorelines, waterways, sidewalks, roads parks, play-
grounds, government infrastructure projects - roads,
bridges, buildings, etc., court order for eviction and
demolition)

48
 • How many families were affected?
• How many are children, pregnant women, and elderly?
• Were there any special treatment / support / assistance
given to them?
• If there were, what were those? if there was none, why?
• What is the LGU's apparatus / mechanism for demolitions
and evictions?
• What departmentor agency is responsible for this?
• Does the LGU have its own regular demolition crews?
• If none, does it hire or form demolition. teams?
• If there's a regular demolition crew, does it experience
shortage of manpower?
• If it does, does it hire additional/contractual manpower?
• Has it established its own Task Force on Relocation and
Resettlement?
• Does it form an Action Team every time a demolition/
eviction is to be carried out? (Ask for every demolition
that was conducted)
• Does it organize Inter-Agency Meetings?
• Are NGOs and P0 representatives invited to these
meetings?
EVICTION AND DEMOLITION • How often do the judges and sheriffs coordinate with the
LGUs in the implementation of court-ordered
demolitions?
• Of the demolitions that have been conducted, in what
particular cases did the judges and sheriffs coordinated
their efforts with the LGU?
• Does the Task Force or the LGU's demolition arm
maintain records of the demolitions and evictions it has
undertaken?
• Has the LGU identified site/s for slum upgrading or on-
site development?
• Where are these located?
• What is the size/area of the lands?
• How many families are living there?
• What are the processes that the upgrading or
development of the place went through? Identify the
participation of or linkages between and/ among PO/
NGO and GO?
• Has there been sites identified for resettlement?
• Where are these located?
• Have many resettlement sites are located within the city?
• Where?
• What are their sizes?
• How many of those identified as sites for resettlement
have been used? How many families I people have been
resettled there? How many are women, children, and
elderly? When were they resettled? Where did they come
from? Were they transferred there first before their
houses were demolished or were their houses
demolished first before they were? transferred?

49
 • Among the resettlement sites, which belongs to the
national government? (NHA, DPWH, etc.) Has the LGU
entered into a partnership I joint venture with the
National Government to establish, resettlement sites? Of
the resettlement sites enumerated, which are the ones
where there Is a partnership between the LGU and the
National government?
11. MEDIUM-RISE HOUSING
Does the LGU have its own medium-rise • How many housing units have been built? How many
housing program? are the beneficiaries? What is their tenure? (ownership,
lease, lease with option to purchase)
• What is the price per unit? What is the mode of
payment?
12. COMMUNITY MORTGAGE PROGRAM
Has the LGU undertaken CMP projects in • Is the LGU a CMP originator?
their area? • How many community mortgage projects has it
undertaken?
• How many are he beneficiaries?
13. RENTAL HOUSING
Has the LGU undertaken rental housing •
Of the housing projects mentioned, which one were
projects in their area? intended for rental housing?
• Is the LGU able to implement estate Management
Policies?
• Is it able to collect rent I payment from the beneficiaries?
• Are there families who do not pay? Why?
• How many units have been occupied?
• How many families are living there?
• Of these sites, how many are renting? How much is the
rent?
• How are the beneficiaries for the rental housing identified?
• Who is in-charge of building maintenance? How much is
spent for its maintenance? Where does the budget for this
come from?
14. BASIC SERVICES, COMMUNITY FACILITIES AND LIVELIHOOD
Is the LGU aware of its role in providng • (From the list of socialized housing, slum upgrading/ on-
basic services, community facilities and site development and resettlement, ask)
livelihood to serve socialized housing • Are the following facilities and/or services present in the
projects? area: water system, electricity, sewerage system, solid
waste disposal system, access to primary roads and
transportation, health centers / hospitals, schools,
telephones, police stations/precinct, and recreational
facilities?
• Were these given or built by the LGU or was the site
chosen for its proximity to these facilities?
• Are the sites located near areas where employment
opportunities are accessible?
• What kinds of jobs are available in the areas?
• Are there livelihood programs for the people?
• What are these?
• Are there any other organizations (private, NGOs, etc.)
providing livelihood programs for the people? Please name
them.

50
 • How many are the beneficiaries of the programs?
• How many are males, females, youth?
• Where do the funds come from?
15. PARTICIPATION OF BENEFICIARIES/ORGANIZATION
Does the LGU provide a mechanism for • How do the beneficiaries participate in the LGU's housing
the participation of beneficiaries and related programs?
• Did the people have an organization in the community
where they were in prior to the housing program that they
received?
• How were they formed into an organization?
• If they were transferred to another site, did their
organization remain intact or did they form another one?
• If they formed another one, who helped them form the
new organization?
16. OTHER LOCAL HOUSING PROJECTS
Does the LGU have other housing projects • Does the LGU have other housing projects prior to 1992
with the National Government and other that are still being used for resettlement?
private agencies and institutions?
•
Where are the project/s located?
•
What agency or institution is/are involved?
•
What is the size of the project?
•
How many lots and/or units are generated?
•
How many are the beneficiaries from each housing
project?
17. PROMOTION OF INDIGENOUS HOUSING MATERIALS AND TECHNOLOGIES
Has the LGU promoted/used indigenous • What housing technologies were employed in the
housing materials and technologies ? construction of the housing projects?
• What materials were the housing projects made of?
• Did the LGU spent less or was able to save somehow with
the technology and materials that were used?
18. BALANCED HOUSING DEVELOPMENT
Has the LGU benefited from the balanced • Who are the developers who have had housing projects In
housing development provision of UDHA? the city/municipality?
• How many developers have complied with the balanced
housing development provision of the UDHA?
• How many housing units were generated from its
implementation?
• How did the developer comply with the 20% balanced
housing development provision (development of new
settlement, slum upgrading or renewal of areas for priority
development through zonal improvement programs or
slum improvement and resettlement programs, joint
venture projects with LGU or other housing agencies,
CMP)?
19. COST RECOVERABLE PROGRAM
Does the LGU consider cost recovery in its • How does it undertake collection?
own housing programs I projects I • What is its collection efficiency?
investments?
20. FUNDING
Does the LGU have a budget for housing • Where does the LGU gel its funds for socialized housing
and urban development projects? and resettlement programs?

51
 ANNEX N

REPUBLIC OF THE PHILIPPINES 2. Optimization of the use and productivity of

land and urban resources;
Congress of the Philippines
3. Development of urban areas conducive to
Metro Manila commercial and industrial activities which
Fifth Regular Session can generate more economic opportunities
for the people;
Begun and held in Metro Manila, on Monday, the
twenty-second day of July, nineteen hundred and 4. Reduction in urban dysfunctions,
ninety-one. particularly those that adversely affect
public health, safety and ecology; and
_________________
5. Access to land and housing by the
(REPUBLIC ACT No. 7279) underprivileged and homeless citizens;
AN ACT TO PROVIDE TO PROVIDE FOR A
c. Adopt workable policies to regulate and direct
COMPREHENSIVE AND CONTINUING URBAN
urban growth and expansion towards a
DEVELOPMENT AND HOUSING PROGRAM,
dispersed urban net and more balanced urban-
ESTABLISH THE MECHANISM FOR ITS
rural interdependence;
IMPLEMENTATION, AND FOR OTHER PURPOSES
d. Provide for an equitable land tenure system
Be it enacted by the Senate and House of
that shall guarantee security of tenure to
Representatives of the Philippines in Congress
Program beneficiaries but shall respect the
assembled:
rights of small property owners and ensure the
ARTICLE I payment of just compensation;
TITLE, POLICY, PROGRAM AND DEFINITION OF e. Encourage more effective people’s participation
TERMS in the urban development process; and
Section 1. Title. "This Act shall be know as the "Urban f. Improve the capability of local government
Development and Housing Act of 1992." units in undertaking urban development and
housing programs and projects.
Section 2. Declaration of State Policy and Program
Objectives. Section 3 Definition of Terms – For purposes of this
It shall be the policy of the State to the State to Act:
undertake, in cooperation with the private sector a a. Affordable cost refers to the most reasonable
comprehensive and continuing Urban Development and price of land and shelter based on the needs
Housing Program, hereinafter referred to as the Act and financial capability of Program
which shall: beneficiaries and appropriate financing
a. Uplift the conditions of the underprivileged and schemes;
homeless citizens in urban areas and in b. "Areas for priority development" refers to
resettlement areas by making available to those areas declared as such under existing
them decent housing at affordable cost, basic statutes and pertinent executive issuances.
services, and employment opportunities;
c. "Blighted lands’ refers tot he areas where the
b. Provide for the rational use and development structures are dilapidated, obsolete and
of urban land in order to bring about the unsanitary, tending to depreciate the value of
following: the land and prevent normal development and
1. Equitable utilization of residential lands in use of the area.
urban and urbanizable areas with d. "Consultation" refers to the constitutionally
particular attention to the needs and mandated process whereby the public, on their
requirements of the underprivileged and own or through people’s organizations, is
homeless citizens and not merely on the provided an opportunity to be heard and to
basis of market forces; participate in the decision-making process on
matters involving the protection and promotion

52
 of its legitimate collective interests, which shall equitably as possible among competing user
include appropriate documentation and groups and for different functions consistent
feedback mechanisms; with the development plan of the area and the
Program under this Act;
e. "Idle lands" refers to non-agricultural lands in
urban and urbanizable areas on which no l. "On–site development" refers to the processed
improvements, as herein defined, have been of upgrading and rehabilitation of blighted and
made by the owner, as certified by the city, slum urban areas with a view of minimizing
municipal or provincial assessor; displacements of dwellers in said areas, and
with provisions for basic services as provided
f. "Improvements refers to all types of buildings
for in Section 21 hereof;
and residential units, walls, fences structures
or constructions of all kinds of a fixed m. "Professional squatters" refers to individuals or
character or which are adhered to the soil but groups who occupy lands without the express
shall not include trees, plants and growing consent of the landowner and who have
fruits, and other fixtures that are mere super sufficient income for legitimate housing. The
impositions on the land, and the value of term shall also apply to persons who have
improvements shall not be less that fifty been previously awarded home lots or housing
percent (50%0 of the assessed value of the units by the Government but who sold, leased
property; or transferred the same to settle illegally in the
same place or in another urban area, and non-
g. "Joint venture" refers to the commitment or
bona fide occupants and intruders of lands
agreement by two (2) or more persons to carry
reserved for socialized housing period. The
out a specific or single business enterprise for
term shall not apply to individuals or groups
their mutual benefit, for which purpose they
who simply rent land and housing from
combine their funds, land resources, facilities
professional squatters or squatting syndicates;
and services;
n. "Resettlement areas" refers to areas identified
h. "Land assembly or consolidation" refers to the
by the appropriate national agency or by the
acquisition of lots of varying ownership
local government unit with respect to areas
through purchase or expropriation for the
within its jurisdiction, which shall be used for
purpose of planned and rational development
the relocation of the underprivileged and
and socialized housing programs without
homeless citizens;
individual property boundary restrictions;
o. "Security of tenure" refers to the degree of
i. "Land banking" refers to the acquisition of land
protection afforded to qualified Program
at values based on existing use in advance of
beneficiaries against infringement or unjust,
actual need to promote planned development
unreasonable and arbitrary eviction or
and socialized housing programs;
disposition, by virtue of the right of ownership,
j. "Land swapping" refers to the process of land lease agreement, usufruct and other
acquisition by exchanging land for another contractual arrangements;
piece of land of equal value, or for shares of
p. "Slum Improvement and Resettlement
stock in a government or quasi-government
Program or SIR" refers to the program of the
corporations whose book value is of equal
National Housing Authority of upgrading and
value to the land being exchanged, for the
improving blighted squatter areas outside of
purpose of planned and rational development
Metro Manila pursuant to existing statutes and
and provision for socialized housing where land
pertinent executive issuances;
values are determined based on land
classification, market value and assessed value q. "Small property owners" refers to those whose
taken from existing tax declarations: Provided, only real property consists of residential land
That more valuable lands owned by private not exceeding three hundred square meters
persons maybe exchanged with less valuable (300 sq. m.) in highly urbanized cities and
lands to carry out the objectives of this Act; eight hundred square meters (800 sq. m.) in
other urban areas;
k. "Land use plan" refers to the rational approach
of allocating available land resources as

53
r. "Socialized housing" refers to housing Metro Manila pursuant to existing statutes and
programs and projects covering houses and pertinent executive issuances.
lots or home lots only undertaken by the
ARTICLE II
Government or the private sector for the
underprivileged and homeless citizens which COVERAGE AND EXEMPTIONS
shall include sites and services development,
Sec. 4. Coverage. – The Program shall cover all lands
long-term financing, liberalized terms on
in urban and urbanizable areas, including existing
interest payments, and such other benefits in
areas for priority development, zonal improvement
accordance with the provisions of this Act;
sites, slum improvement and resettlement sites, and in
s. "Squatting syndicates" refers to groups of other areas that may be identified by the local
persons engaged in the business of squatter government units as suitable for socialized housing.
housing for profit or gain;
Sec. 5. Exemptions. – The following lands shall
t. "Underprivileged and homeless citizens" refers be exempt from the coverage of this Act:
to the beneficiaries of this Act and to
a. Those included in the coverage of Republic Act
individuals or families residing in urban and
No. 6657, otherwise known as the
urbanizable areas whose income or combined
Comprehensive Agrarian Reform Law;
household income falls within the poverty
threshold as defined by the National Economic b. Those actually used for national defense and
and Development Authority and who do not security of the State;
own housing facilities. This shall include those
c. Those used, reserved or otherwise set aside
who live in makeshift dwelling units and do not
for government offices, facilities and other
enjoy security of tenure;
installations, whether owned by the National
u. "Unregistered or abandoned lands’ refers to Government, its agencies and
lands in urban and urbanizable areas which are instrumentalities, including government-owned
not registered with the Register of Deeds, or or –controlled corporations, or by the local
with the city of municipal assessor’s office government units: Provided, however, That
concerned, or which are uninhabited by the the lands herein mentioned, or portions
owner and have not been developed of thereof, which have not been used for the
devoted for any useful purpose, of appears purpose for which they have been reserved or
unutilized for a period of three (3) consecutive set aside for the past ten (10) years from the
years immediately prior to the issuance and effectivity of this Act, shall be covered by this
receipt of publication of notice of acquisition by Act;
the Government as provided under this Act. It
d. Those used or set aside for parks, reserves for
does not included land which has been
flora and fauna, forests and watersheds, and
abandoned by reason of force majeure of any
other areas necessary to maintain ecological
other fortuitous event: Provided, That prior to
balance or environmental protection, as
such event, such land was previously used for
determined and certified to by the proper
some useful or economic purpose;
government agency, and
v. " Urban areas" refers to all cities regardless of
e. Those actually and primarily used for religious,
their population density and to municipalities
charitable, or educational purposes, cultural
with a population density of at least five
and historical sites, hospitals and health
hundred (500) persons per square kilometer;
centers, and cemeteries or memorial parks.
w. " Urbanizable areas" refers to sites and lands
The exemptions herein provided shall not apply when
which, considering present characteristics and
the use or purpose of the abovementioned lands has
prevailing conditions, display marked and great
ceased to exist.
potential of becoming urban areas within the
period of five (5) years; and ARTICLE III
x. "Zonal Improvement Program of ZIP" refers to NATIONAL URBAN DEVELOPMENT AND
the program of the National Housing Authority HOUSING FRAMEWORK
of upgrading and improving blighted squatter
areas within the cities and municipalities of

54
Sec. 6. Framework for Rational Development.- There coordination with the National Housing Authority, the
shall be a National Urban Development and Housing Housing and Land Use Regulatory Board, the National
Framework to be formulated by the Housing and Land Mapping Resource Information Authority, and the Land
Use Regulatory Board under the direction of the Management Bureau, shall identify lands for socialized
Housing and Urban Development Coordinating Council housing and resettlement areas for the immediate and
in coordination with all local government units and future needs of the underprivileged and homeless in
other concerned public and private sectors within one the urban areas, taking into consideration the degree
(1) year from the effectivity of this Act: of availability of basic services and facilities, their
accessibility and proximity to job sites and other
The Framework shall refer to the comprehensive plan
economic opportunities , and the actual number of
for urban and urbanizable areas aimed at achieving the
registered beneficiaries.
objectives of the Program. In the formulation of the
Framework, a review and Rationalization of existing Government-owned lands under paragraph (b) of the
town and land use plans, housing programs, and all preceding section which have not been used for the
other projects and activities of government agencies purpose for which they have been reserved or act
and the private sector which may substantially affect aside for the past ten (10) years from the effectivity of
urban land use patterns, transportation and public this Act and identified as suitable for socialized housing
utilities, infrastructure, environment and population , shall immediately be transferred to the National
movements shall be undertaken with the concurrence Housing Authority subject to the approval of the
of the local government units concerned. President of the Philippines or by the local government
unit concerned, as the case may be, for proper
ARTICLE IV
disposition in accordance with this Act.
LAND USE, INVENTORY, ACQUISITION AND
Sec. 9. Priorities in the Acquisition of Land – Lands for
DISPOSITION
socialized housing shall be acquired in the following
Sec. 7. Inventory of Lands - Within one (1) year from order:
the effectivity of this Act, all city and municipal
a. Those owned by the Government or any of its
governments shall conduct an inventory of all lands
subdivision, instrumentalities, or agencies,
and improvements thereon within their respective
including government-owned or controlled
localities . The inventory shall include the following:
corporations and their subsidiaries;
a. Residential lands;
b. Alienable lands of the public domain;
b. Government-owned lands, whether owned by
c. Unregistered or abandoned and idle lands;
the National Government: or any of its
subdivision, instrumentalities, or agencies, d. Those within the declared Areas for Priority
including government-owned or controlled Development, Zonal Improvement Program
corporations and their subsidiaries; sites, and Slum Improvement and
Resettlement Program sites which have not yet
c. Unregistered or abandoned and idle lands; and
been acquired;
d. Other lands.
e. Bagong Lipunan Improvement or Sites and
In conducting the inventory, the local government Services or BLISS sites which have not yet
units concerned, in coordination with the Housing and been acquired; and
Land Use Regulatory Board and with the assistance of
f. Privately owned lands.
the appropriate government agencies, shall indicate
the type of land use and the degree of land utilization, Where on-site development is found more practicable
and other data or information necessary to carry out and advantageous to the beneficiaries, the priorities
the purposes of this Act. mentioned in this section shall not apply. The local
government units shall give budgetary priority to on-
For planning purposes, the Housing and Urban
site development of government lands.
Development Coordinating Council shall be furnished
by each local government unit a copy of its inventory Sec. 10 Modes of Land Acquisition - The modes of
which shall be updated every three (3) years. acquiring lands for the purposes of this Act shall
include, among others, community mortgage, land
Sec. 8. Identification of Sites for Socialized Housing -
swapping , land assembly or consolidation , land
After the inventory, the local government units, in
banking donation to the Government, joint-venture

55
agreement, negotiated purchase and expropriation: valuation, or in its absence, on the latest real property
Provided, however, That expropriation shall be tax declaration.
resorted to only when other modes of acquisition have
For sites already occupied by qualified Program
been exhausted. Provided, further, That where
beneficiaries, the Department of Finance shall factor
expropriations is resorted to, parcels of land owned by
into the valuation the blighted status of the land as
small property owners shall be exempted for purpose
certified by the local government unit or the National
of this Act: Provided , finally, That abandoned property
Housing Authority.
, as herein defined , shall be reverted and escheated to
the State in a proceeding analogous to the procedures Sec. 14. Limitations on the Disposition of Lands For
laid downs in Rule 91 of the Rules of Court. Socialized Housing - No land for socialized housing,
including improvement or rights thereon, shall be sold,
For the purpose of socialized housing, government-
alienated , conveyed or encumbered or leased by any
owned and foreclosed properties shall be acquired by
beneficiary of this Program except to qualified Program
the local government units, or by the National Housing
beneficiaries as determined by the government agency
Authority primarily through negotiated purchase:
concerned.
Provided, That qualified beneficiaries who are actual
occupants of the land shall be given the right of the Should the beneficiary unlawfully sell, transfer, or
first refusal. otherwise dispose of his lot or nay right thereon, the
transaction shall be null and void. He shall also lose his
Sec. 11. Expropriations of Idle Lands - All idle lands in
right to the land, forfeit the total amortization paid
urban and urbanizable areas, as defined and identified
thereon, and shall be barred from the benefits under
in accordance with this Act, shall be expropriated and
this Act for a period of ten (10) years from the date of
shall form part of the public domain. These lands shall
violation.
be disposed of or utilized by the Government for such
purposes that conform with their land use plans. In the event the beneficiary dies before full ownership
Expropriations proceedings shall be instituted if, after of the land is vested on him, transfer to his heirs shall
the lapse of one (1) year following receipt of notice of take place only upon their assumption of his
acquisition, the owner fails to introduce improvements outstanding obligations. In case of failure by the heirs
as defined in Section 3(f) hereof, except in the case of to assume such obligations, the land shall revert to the
force majeure and other fortuitous events. Exempted Government for disposition in accordance with this Act.
from this provision, however, are residential lands
ARTICLE V
owned by small property or those the ownership of
which is subject of a pending litigation. SOCIALIZED HOUSING
Sec. 12. Disposition of Lands for Socialized Housing – Sec. 15. Policy - Socialized housing, as defined in
The National Housing Authority , with respect to lands Section 3 hereon, shall be the primary strategy in
belonging to the National Government ,and the local providing shelter for the underprivileged and homeless.
government units with respect to other lands within However, if the tenurial arrangement in a particular
their respective localities, shall coordinate with each socialized housing program is in the nature of
other to formulate and make available various leasehold or usufruct, the same shall be transitory and
alternative schemes for the disposition of lands to the the beneficiaries must be encouraged to become
beneficiaries of the Program. These schemes shall not independent from the Program within a given period of
be limited to those involving transfer of ownership in time, to be determined by the implementing agency
fee simple but shall include lease, with option to concerned.
purchase, usufruct or such other variations as the local
Sec. 16. Eligibility Criteria for Socialized Housing
government units or the National Housing Authority
Program Beneficiaries - To qualify for the socialized
may deem most expedient in carrying out the purpose
housing program, a beneficiary:
of this Act.
a. Must be a Filipino;
Consistent with this provision, a scheme for
public rental housing may be adopted. b. Must be an underprivileged and
homeless citizen, as defined in Section
Sec. 13 Valuation of Lands for Socialized Housing -
3 of this Act;
Equitable land valuation guideline for socialized
housing shall be set by the Department of Finance on
the basis of the market value reflected in the zonal

56
 c. Must not own any real property Sec. 20 Incentives for Private Sector Participating in
whether in the urban or rural areas; Socialized Housing - To encourage greater private
and sector participation in socialized housing and further
reduce the cost of housing units for the benefit of the
d. Must not be a professional squatter or
underprivileged and homeless, the following incentives
a member of squatting syndicates.
shall be extended to the private sector:
Sec. 17. Registration of Socialized Housing
a. Reduction and simplification of qualification
Beneficiaries – The Housing and Urban Development
and accreditation requirements for
Coordinating Council, in coordination with the local
participating private developers;
government units, shall design a system for the
registration of qualified Program beneficiaries in b. Creation of one-stop offices in the different
accordance with the Framework. The local government regions of the country for the processing,
units, within one (1) year from the effectivity of this approval and issuances of clearances, permits
Act, shall identify and register all beneficiaries their and licenses: Provided, That clearances,
respective localities. permits and licenses shall be issued within
ninety (90) days from the date of submission
Sec. 18. Balanced Housing Development - The
of all requirements by the participating private
Program shall include a system to be specified in the
developers.
Framework plan whereby developers of proposed
subdivision projects shall be required to develop an c. Simplification of financing procedures;
area for socialized housing equivalent to at least and
twenty percent (20%) of the total subdivision area or
d. Exemption from the payment of the
total subdivision project cost, at the option of the
following:
developer, within the same city or municipality ,
whenever feasible, and in accordance with the 1. Project-related income taxes;
standards set by the Housing and Land Use Regulatory
2. Capital gains tax on raw lands
Board and other existing laws. The balanced housing
used for the project;
development as herein required may also be complied
with by the developers concerned in any of the 3. Value-added tax for the project
following manner: contractor concerned;
a. Development of new settlement; 4. Transfer tax for both raw and
completed projects; and
b. Slum upgrading or renewal of areas for priority
development either through zonal 5. Donor’s tax for lands certified by
improvement programs or slum improvement the local government units to have
and resettlement programs; been donated for socialized
housing purposes.
c. Joint-venture projects with either the local
government units or any of the housing : Provided, That upon application for exemption, a lien
agencies; or on the title of the land shall be annotated by the
Register of Deeds: Provided further, That the socialized
d. Participation in the community mortgage
housing development plan has already been approved
program.
by the appropriate government agencies concerned:
Sec. 19. Incentive for the National Housing Authority - Provided, finally, That all the savings acquired by virtue
The National Housing Authority, being the primary of this provision shall accrue in favor of the
government agency in charge of providing housing for beneficiaries subject to the implementing guidelines to
the underpriviledged and homeless, shall be exempted be issued by the Housing and Urban Development
from the payment of all fees and charges of any kind, Coordinating Council.
whether local or national, such as income and real
Appropriate implementing guidelines shall be prepared
taxes. All documents or contracts executed by and in
by the Department of finance, in consultation with the
favor of the National Housing Authority shall also be
Housing and Urban Development Coordinating Council,
exempt from the payment of documentary stamp tax
for the proper implementation of the tax exemption
and registration fees, including fees required for the
mentioned in this section within one (1) year after
issuance of transfer certificates of titles.
approval of this Act.

57
Property owners who voluntarily provide resettlement documentation and feedback mechanisms. They shall
sites to illegal occupants of their lands shall be entitled assist the Government in preventing the incursions of
to a tax credit equivalent to the actual non-recoverable professional squatters and members of squatting
expenses incurred in the resettlement, subject to the syndicates into their communities.
implementing guidelines jointly issued by the Housing
In instances when the affected beneficiaries have
and Urban Development Coordinating Council and the
failed to organize themselves or form an alliance within
Department of Finance.
a reasonable period prior to the implementation of the
SEC. 21. Basic Services. – Socialized housing or program or projects affecting them, consultation
resettlement areas shall be provided by the local between the implementing agency and the affected
government unit or the National housing Authority in beneficiaries shall be conducted with the assistance of
cooperation with the private developers and concerned the affected beneficiaries shall be conducted with the
agencies with the following basic services and facilities. assistance of the Presidential Commission for the
Urban Poor and the concerned nongovernment
a. Potable water;
organization.
b. Power and electricity and an adequate power
Sec. 24 Consultation with Private Sector. –
distribution system;
Opportunities for adequate consultation shall be
c. Sewerage facilities and an efficient and accorded to the private sector involved in socialized
adequate power distribution system; and housing project pursuant too this Act.
d. Access to primary roads and transportation ARTICLE VI
facilities.
AREAS FOR PRIORITY DEVELOPMENT, ZONAL
The provision of other basic services and facilities such IMPROVEMENT PROGRAM SITES AND SLUM
as health, education, communications, security, IMPROVEMENT AND RESELLEMENT PROGRAM
recreation, relief and welfare shall be planned and shall SITES
be given priority for implementation by the local
Sec. 25. Benefits. -In addition to the benefits provided
government unit and concerned agencies in
under existing laws and other related issuances to
cooperation with the private sector and the
occupants of areas for priority development, zonal
beneficiaries themselves.
improvement program sites, such occupants shall be
The local government unit, in coordination with the entitled to priority in all government projects initiated
concerned national agencies, shall ensure that these pursuant to this Act. They shall also be entitled to the
basic services are provided at the most cost-efficient following support services:
rates, and shall set a mechanism to coordinate
a. Land surveys and titling at minimal
operationally the thrusts, objectives and activities of
cost;
other government agencies concerned with providing
basic services to housing projects. b. Liberalized terms on credit facilities
and housing loans and one hundred
SEC. 22. Livelihood Component. – To the extent
percent (100%) deductions from every
feasible, socialized housing and resettlement projects
homebuyer’s gross income tax of all
shall be located near areas where employment
interest payments made on
opportunities are accessible. The government agencies
documented loans incurred for the
dealing with the development of livelihood programs
construction or purchase of the
and grant of livelihood loans shall give priority to the
homebuyer’s house;
beneficiaries of the Program.
c. Exemption from the payment of
SEC. 23. Participation of Beneficiaries. – The local
documentary stamp tax, registration
government units, in coordination with the Presidential
fees, and other fees for the issuance
Commission for the Urban Poor and concerned
of transfer certificate of titles;
government agencies, shall afford Program
beneficiaries or their duly designated representatives d. Basic services as provided for in
an opportunity to be heard and to participate in the Section 21 of this Act; and
decision-making process over matters involving the
e. Such other benefits that may arise
protection and promotion their legitimate collective
from the implementation of this Act.
interests which shall include appropriate

58
 ARTICLE VII affected communities in the areas
where they are to be relocated;
URBAN RENEWAL AND RESETTLEMENT
3. Presence of Local government officials
SEC. 27. Action Against Professional Squatters and
or their representatives during eviction
Squatting Syndicates. - The local government units, in
or demolitions;
cooperation with the Philippine National Police, the
Presidential Commission for the Urban Poor (PCUP), 4. Proper identification of all persons
and the PCUP- accredited urban poor organizations in taking part in the demolition;
the area , shall adopt measures to identify and
5. Execution of eviction or demolition
effectively curtail the nefarious and illegal activities of
only during regular office hours from
professional squatters and squatting syndicates, as
Mondays to Fridays and during good
herein defined.
weather, unless the affected families
Any person or group identified as such shall be consent otherwise;
summarily evicted and their dwellings or structures
6. No use of heavy equipment for
demolished, and shall be disqualified to avail of the
demolition except for structures that
benefits of the program. A public official who tolerates
are permanent and other of concrete
or abets the commission of the abovementioned acts
materials;
shall be dealt with in accordance with existing laws.
7. Proper uniforms for members of the
For purposes of this Act, professional squatters or
Philippines National Police who shall
members of squatting syndicates shall be imposed the
occupy the first line of law
penalty of six (6) years imprisonment or a fine of not
enforcement and observe proper
less than Sixty thousand pesos ( P 60,000) but not
disturbance control procedures; and
more than One hundred thousand pesos ( P 100,000),
or both, at the discretion of the court. 8. Adequate relocation, whether
temporary or permanent; provided,
SEC 28. Eviction and Demolition. – Eviction or
however, That in cases of eviction and
demolition as a practice shall be discouraged. Eviction
demolition pursuant to a court order
or demolition, however, may be allowed under the
involving underprivileged and
following situations:
homeless citizens, relocation shall be
a. When persons or entities occupy undertaken by the local government
danger areas such as esteros, railroad unit concerned and the National
tracks, garbage dumps, riverbanks, Housing Authority with the assistance
shorelines, waterways, and other of other government agencies within
public places such as sidewalks, roads, forty-five (45) days from service of
parks, and playgrounds; notice of final judgment by the court,
after which period the said order shall
b. When government infrastructure
be executed: provided, further, That
projects with available funding are
should relocation not be possible
about to be implemented; or
within the said period, financial
c. When there is a court order for assistance in the amount equivalent to
eviction and demolition. the prevailing minimum daily wage
multiplied by sixty (60) days shall be
In the execution of eviction or demolition orders
extended to the affected families by
involving underprivileged and homeless citizens, the
the local government unit concerned.
following shall be mandatory;
The department of the Interior and Local Government
1. Notice upon the affected persons or
and the Housing and Urban Development Coordinating
entities at least thirty (*30) days prior
Council shall jointly promulgate the necessary rules
to the date of eviction or demolition;
and regulations to carry out the above provision.
2. Adequate consultations on the matter
SEC 29. Resettlement. - Within two (2) years from the
of resettlement with the duly
effectivity of this Act, the Local government units, in
designated representatives of the
coordination with the National Housing Authority, shall
families to be resettled and the
implement the relocation and resettlement of persons

59
living in danger areas such as esteros, railroad tracks, lands or improvements unless they
garbage dumps, riverbanks, shorelines, waterways, have incurred arrearages in payments
and in other public places such as sidewalks, roads, of amortization for three (3) months.
parks, and playgrounds. The local government unit, in
SEC. 33. Organization of Beneficiaries. - Beneficiaries
coordination with the National Housing Authority, shall
of the Program shall be responsible for their
provide relocation or resettlement sites with basic
organization into associations to manage their
services and facilities and access to employment and
subdivisions or places of residence, to secure housing
livelihood opportunities sufficient to meet the basic
loans under existing Community Mortgage Program
needs of the affected families.
and such other projects beneficial to them. Subject to
SEC. 30. Prohibition Against New Illegal Structures. - such rules and regulations to be promulgated by the
It shall be unlawful for any person to construct any National Home Mortgage Finance Corporation,
structure in areas mentioned in the preceding section. associations organized pursuant to this Act may
collectively acquire and own lands covered by this
After the effectivity of this Act, the barangay, municipal
Program. Where the beneficiaries fail to form an
or city government units shall prevent the construction
association by and among themselves, the National
of any kind of illegal dwelling units or structures within
Home Mortgage Finance Corporation shall initiate the
their respective localities. The head of any local
organization of the same in coordination with the
government unit concerned who allows, abets or
Presidential Commission for the Urban Poor and the
otherwise tolerates the construction of nay structure in
local government units concerned. No person who is
violation of this section shall be liable to administrative
not a bona fide resident of the area shall be a member
sanction under existing laws and to penal sanctions
or officer of such association.
provided for in this Act.
ARTICLE IX
ARTICLE III
RELATED STRATEGIES
COMMUNITY MORTGAGE PROGRAM
SEC. 34. Promotion of Indigenous Housing Materials
Sec 31. Definition. – The Community Mortgage
and Technologies. - The local government units, in
Program (CMP) is a mortgage financing program of the
cooperation with the National Housing Authority,
National Home Mortgage Finance Corporation which
Technology and Livelihood Resource Center, and other
assists legally organized associations of underprivileged
concerned agencies, shall promote the production and
and homeless citizens to purchase and develop a tract
use of indigenous, alternative, and low-cost
of land under the concept of community ownership.
construction materials and technologies for socialized
The primary objective of the program is to assist
housing.
residents of blighted or depressed areas to own the
lots they occupy, or where they choose to relocate to, SEC. 35. Transport System. - The local government
and eventually improve their neighborhood and homes units, in coordination with the Departments of
to the extent of their affordability. Transportation and Communications, Budget and
Management, Trade and Industry, Finance, and Public
SEC. 32 Incentives. - To encourage its wider
Works and Highways, the Home Insurance Guaranty
implementation, participants in the CMP shall be
Corporation, and other concerned government
granted with the following privileges or incentives:
agencies, shall device a set of mechanisms including
a. Government-owned or controlled incentives to the private sector so that a viable
corporations and local government transport system shall evolve and develop in the urban
units, may dispose of their idle lands areas. It shall also formulate standards designed to
suitable for socialized housing under attain these objectives:
the CMP through negotiated sale at
a. Smooth flow of traffic;
prices based on acquisition cost plus
financial carrying costs. b. Safety and convenience of travel;
b. Properties sold under the CMP shall be c. Minimum use of land space;
exempted from the capital gains tax;
d. Minimum damage to the physical
and
environment; and
c. Beneficiaries under the CMP shall not
be evicted nor dispossessed of their

60
 e. Adequate and efficient transport ARTICLE X
service to the people and goods at
PROGRAM IMPLEMENTATION
minimum cost.
SEC. 39. Role of Local Government Units. - The local
SEC. 36. Ecological Balance. - The local government
government units shall be charged with the
units shall coordinate with the Department of
implementation of this Act in their respective localities,
Environment and Natural Resources in taking measures
in coordination with the Housing and Urban
that will plan and regulate urban activities for the
Development Coordinating Council, the national
conservation and protection of vital, unique and
housing agencies, the Presidential Commission for the
sensitive ecosystems, scenic landscapes, cultural sites
Urban Poor, the private sector and other non-
and other similar resource areas.
government organizations.
To make the implementation of this function more
They shall prepare a comprehensive land use plan for
effective, the active participation of the citizenry in
their respective localities in accordance with the
environmental rehabilitation and in decision-making
provisions of this Act.
process shall be promoted and encouraged. The local
government units shall recommend to the SEC. 40. Role of Government Housing Agencies. - In
Environmental and Management Bureau the immediate addition to their respective existing powers and
closure of factories, mines and transport companies functions, and those provided for in this act, the
which are found to be causing massive pollution. hereunder mentioned housing agencies shall perform
the following:
SEC. 37. Population Movements. - The local
government units shall set up an effective mechanism, a. The Housing and Urban Development
together with the appropriate agencies like the Coordinating Council shall, through the key
Population Commission, the National Economic and housing agencies, provide local government units
Development Authority and the National Statistics with necessary support such as:
Office, to monitor trends in the movements of
1. Formulation of standards and guidelines as
population from rural to urban, from urban to urban,
well as providing technical support in the
and urban to rural areas. They shall identify measures
preparation of town and land use plans;
by which such movements can be influenced to
achieve balance between urban capabilities and 2. In accordance with the National Economic
population, to direct appropriate segments of the and development Authority and the
population into areas where they can have access to national Statistics Office, provide data and
opportunities to improve their lives and to contribute to information for forward-planning by the
national growth and recommend proposed legislation local government units in their areas,
to Congress, if necessary. particularly on projections as to the
population and development trends in their
The population Commission, the National Economic
localities and the corresponding
and Development Authority, and the National Statistics
investment programs needed to provide
Office shall likewise provide advanced planning
appropriate types and levels of
information to national and local government planners
infrastructure, utilities, services and land
on population projections and the consequent levels of
use patterns; and
services needed in particular urban and urbanizable
areas. This service will include early-warning systems 3. Assistance in obtaining funds and other
on expected dsyfunctions in a particular urban area resources needed in the urban
due to population increases, decreases, or age development and housing programs in
structure changes. their areas of responsibility.
SEC. 38. Urban-rural Interdependence. –To minimize b. The National Housing Authority, upon request of
rural to urban migration and pursue urban local government units, shall provide technical
decentralization, the local government units shall and other forms of assistance in the
coordinate with the National Economic and implementation of their respective urban
Development Authority and other government agencies development and housing programs with the
in the formulation of national development programs objective of augmenting and enhancing local
that will stimulate economic growth and promote government capabilities in the provision of
socioeconomic development in the countryside. housing benefits to their constituents;

61
 c. The National Home Mortgage Finance Sec. 43. Socialized Housing Tax. – Consistent with the
Corporation shall administer the Community constitutional principle that the ownership and
Mortgage Program under this Act and enjoyment of property bear a social function and to
promulgate rules and regulations necessary to raise funds for the Program, all local government units
carry out the provisions of this Act; and are hereby authorized to impose an additional one-half
percent (0.5%) tax on the assessed value of all lands
d. The Home Insurance Guaranty Corporation shall
in urban areas in excess of Fifty thousand pesos (P
design and appropriate guarantee scheme to
50,000).
encourage financial institutions to go into direct
lending for housing. ARTICLE XII
SEC. 41. Annual report. - The Housing and Urban TRANSITORY PROVISIONS
Development Coordinating Council and the local
SEC. 44. Moratorium on Eviction and Demolition. –
government units shall submit a detailed annual report
There shall be a moratorium on the eviction of all
with respect to the implementation of this Act to the
program beneficiaries and on the demolition of their
President and the Congress of the Republic of the
houses or dwelling units for a period of three (3) years
Philippines.
from the effectivity of this Act: Provided, That the
ARTICLE XI moratorium shall not apply to those persons who have
constructed their structures after the effectivity of this
FUNDING
Act and for cases enumerated in Section 28 hereof.
Sec. 42. Funding. – Funds for the urban development
ARTICLE XIII
and housing program shall come from the following
sources: COMMON PROVISIONS
a. A minimum of fifty percent (50%) from the Sec. 45. Penalty Clause. – Any person who violates
annual net income of the Public Estates any provision of this Act shall be imposed the penalty
Authority, to be used by the National Housing of not more than six (6) years of imprisonment or a
Authority to carry out its programs of land find of not less than Five thousand pesos (P 5,000) but
acquisition for resettlement purposes under not more than One hundred thousand pesos (P
this Act; 100,000), or both, at the discretion of the court:
Provided, That, if the offender is a corporation,
b. Proceeds from the disposition of ill-gotten
partnership, association or other juridical entity, the
wealth, not otherwise previously set aside for
penalty shall be imposed on the officer or officers of
any other purpose, shall be applied to the
said corporation, partnership, association or juridical
implementation of this Act and shall be
entity who caused the violation.
administered by the National Home Finance
Corporation; SEC. 46. Appropriations. – The amount necessary to
carry out the purposes of this Act shall be included in
c. Loans, grants, bequests and donations,
the annual budget of implementing agencies in the
whether from local or foreign sources;
General Appropriations Act of the year following its
d. Flotation of bonds, subject to the guidelines to enactment into law and every year thereafter.
be set by the Monetary Board;
SEC. 47. Separability Clause. – If for any reasons, any
e. Proceeds from the social housing tax and, provision of this Act is declared invalid or
subject to the concurrence of the local unconstitutional, the remaining provisions not affected
government units concerned, idle lands tax as thereby shall continue to be in full force and effect.
provided in Section 236 of the Local
SEC. 48. Repealing Clause. – All laws, decrees,
Government Code of 1991 and other existing
executive orders, proclamations, rules and regulations,
laws;
and other issuance, or parts thereof which are
f. Proceeds from the sale or disposition of inconsistent with the provisions of this Act, are hereby
alienable public lands in urban areas; and repealed or modified accordingly.
g. Domestic and foreign investment or financing SEC. 49. Effectivity Clause. – This Act shall take effect
through appropriate arrangements like the upon its publication in at least two (2) national
build-operate-and-transfer scheme. newspapers of general circulation.

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