Professional Documents
Culture Documents
Udha (Ra 7279)
Udha (Ra 7279)
OUTLINE
I.
II.
INTRODUCTION
STEP BY STEP IMPLEMENTATION
I. INTRODUCTION
1.
Constitutional Bodies
Art. 13. SOCIAL JUSTICE AND HUMAN RIGHTS Sec. 9. The State shall, by law and for the common good undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to citizens. In the implementation of such programs the State shall respect the rights of small property owners.
Sec. 10. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.
I. INTRODUCTION
1.
Constitutional Bodies
Art. 13. SOCIAL JUSTICE AND HUMAN RIGHTS Sec. 9. The State shall, by law and for the common good undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to citizens. In the implementation of such programs the State shall respect the rights of small property owners.
The Universal Declaration of Human Rights (1948); b) The International Covenant on Economic, Social and Cultural Rights (1966); c) and The International Covenant on Civil and Political Rights (1966).
a)
"Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control."
"The State Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing and to the continuous improvement of living conditions. The State Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent."
Government Obligations in the Operationalization of Housing Rights Towards the Justifiability of Housing Rights
However, the following lands are exempted from UDHA (Section 5): 1. Covered by CARP 2. Actually used for national defense and security of the State 3. Those used, reserved or otherwise set aside for government offices, facilities and other installations, whether owned by the National Government. 4. Used or set aside for parks, reserves for flora and fauna, forests and watersheds, and other areas necessary to maintain ecological balance or environmental protection 5. Those actually and primarily used for religious, charitable or educational purposes, cultural and historical sites, hospitals and health centers, and cemeteries or memorial parks
4. Objectives
a. Make available to underprivileged and homeless citizens decent housing at affordable cost; b. Rational use and development of urban land; c. Urban growth and expansion: urban-rural interdependence; d. Equitable land tenure system: security of tenure to program beneficiaries but shall respect the rights of small property owners and ensure the payment of just compensation; e. People's participation f. LGU capability
5. Beneficiaries
Underprivileged and homeless citizen Must not own real property in urban or rural
The identified beneficiaries shall be subject to the following limitations: a. Beneficiary shall not unlawfully sell, transfer, or dispose of his right to the land. b. In the event beneficiary dies before full ownership, transfer of rights to heirs shall take place only upon assumption of outstanding obligations.
Steps:
Inventory of Lands (sec 7)-the LGUs are required within one year to conduct an inventory of a. residential lands b. government-owned lands c. unregistered or abandoned and idle lands; d. other lands within their respective localities, indicating the type of land use and degree of land utilization. After the inventory, the LGUs in coordination with housing authorities shall identify sites for socialized housing. The following order of priorities in land acquisition must be observed:
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Subject to the following rules: a. Government-owned lands which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of UDHA and identified as suitable for socialized housing, shall immediately transferred to the National Housing Authority (NHA) subject to the approval of the President of the Philippines or by the local government unit concerned (Sec 8 par.2) b. Where on-site development is found more practicable and advantageous, priorities in Section 9 shall not apply.
Which shall be subject to the following rules: Expropriation shall be the last resort Small property owners shall be exempted from expropriation Abandoned property shall be reverted and escheated to the State Goverment-owned and foreclosed properties shall be acquired by the LGUs or NHA by negotiated purchase
first refusal All idle lands shall be expropriated and shall form part of public domain. Expropriation proceedings shall be instituted if, after the lapse of one (1) year following receipt of notice of acquisition, the owner fails to introduce improvements, except in the case of force majeure and other fortuitous events. Exempted from this provision are residential lands owned by small property owners or those the ownership of which is subjected to pending litigation (Section 11).
4. Disposition of Lands
There are two implementing agencies that shall undertake disposition of lands to the beneficiaries, first is the NHA for the lands belonging to the National Government and second, is the LGUs with respect to private lands in their respective localities (Section 12).
Filstream International v CA(G.R. No. 12521:
other modes of acquisition (Section 10) and other properties (Section 9) were first exhausted
City of Mandaluyong v Aguilar (G.R. No. 137152): small property owners,
defined
5. Salient Provisions:
A. National Urban Development and Housing Framework
waterways) and public places (sidewalks, roads, parks and playgrounds) The LGUs, in coordination with the National Housing Authority are tasked to provide relocation or resettlement sites with basic services and facilities and access to employment opportunities sufficient to meet the basic needs of the affected families. Within 2 years from the date of its effectivity (March 29, 1992 - March 29, 1994)
develop an area for socialized housing: at least 20% of the total subdivision area or total subdivision cost With the option to comply instead through any of the following: development of a new settlement; slum upgrading; joint-venture projects with LGUs or any housing agency; or, participation in the community mortgage program
In the execution of eviction or demolition involving underprivileged and homeless citizens, the following are mandatory: (Sec. 28, UDHA, Implementing Rules and Regulations) * 30-day notice adequate consultation only during office hours and good weather presence of LGU officials all those participating in demolitions must have proper ID the Philippine National Police shall be in proper uniform (their task is not to demolish but for law enforcement and disturbance control only) * heavy equipment shall not be used except for concrete structures
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major components of the national shelter program. It consists the following major component programs: Resettlement Program Medium-Rise Public and Private Housing Community Mortgage Program Cost-Recoverable Programs Local Housing Program
projects; those occupying danger areas such as waterways, esteros, railroad tracks, etc.; and, those qualified for relocation and resettlement assistance under UDHA It has 3 types of program delivery scheme: NHA-Administered Resettlement Program Resettlement Assistance Program for Local Government Units (the LGUs shall provide the land while the NHA provides funds for land development) Resettlement Program with Other Government Agencies and the Private Sector (may include 20% balanced housing by developers)
affected by relocation activities and qualified for assistance under UDHA For Medium-rise Private Housing: housing option to low-income families and to provide rental housing stock in high-density urban areas Implementer: National Housing Authority with the participation of other government agencies, local government units and the private sector Manner of Acquisition: units are to be disposed either through: outright sale or lease, depending on the affordability of the beneficiaries
by NHMFC Key Players: NHMFC - primary implementer Government agencies, LGUs, NGOs and POs as originators Community Associations Landowner
Authority in cooperation with LGUs, housing cooperatives, NGOs, POs, landowners, developers and other government agencies Cost of land, land development and housing construction are to be recovered from the target beneficiaries At least 60% of the total number of the house and lot packages to be produced under this program shall correspond to the lowest loan package under the Unified Home Lending Program.
housing benefits nationwide Scope: elected urban and urbanizable areas in all congressional districts Local Government Units may avail of the program, subject to the following conditions:
Threat
Taking advantage of the absence or tolerance of the landowner for