RSW - 01

[ HOUSING LAWS, CODES AND

CONSIDERATIONS ]

Submitted to: Ar. Blesie Laguna, uap

Submitted by: Prudencio G. Buco Jr.

PHILIPPINE LAWS ON HOUSING

AND HUMAN SETTLEMENTS
I. PHILIPPINE LAWS ON HOUSING
A. Urban Development and Housing Act (RA 7279)
(Date of Effectivity: 29 March 1992)

1. Constitutional Basis:
Art. 13. SOCIAL JUSTICE AND HUMAN RIGHTS
Sec. 9. The State shall, by law and for the common good undertake, in cooperation
with the private sector, a continuing program of urban land reform and housing
which will make available at affordable cost decent housing and basic services to
underpriviledged and homeless citizens in urban centers and resettlement areas. It
shall also promote adequate employment opportunities to citizens. In the
implementation of such programs the State shall respect the rights of small
property owners.

Sec. 10. Urban or rural poor dwellers shall not be evicted nor their dwellings
demolished, except in accordance with law and in a just and humane manner.
No resettlement of urban or rural dwellers shall be undertaken without adequate
consultation with them and the communities where they are to be relocated.

2. Objectives:
a. Make available to underprivileged and homeless citizens decent housing at
affordable cost;
b. Provide for rational use and development of urban land;
c. Regulate and direct urban growth and expansion towards a dispersed urban net
and more balanced urban-rural interdependence;
d. provide for an equitable land tenure system that shall guarantee security of
tenure to program beneficiaries but shall respect the rights of small property owners
and ensure the payment of just compensation;

e. Encourage more effective people's participation in the urban development

process; and
f. Improve the capability of local government units in undertaking urban
development and housing programs and projects.

3. Beneficiaries:
> must be male or female Filipino underprivileged and homeless citizen
(individual/families in urban/urbanizable areas whose income/combined household
income is within poverty threshold and who do not own housing facilities and those
who do not enjoy security of tenure)
> must not own real property in urban or rural areas
> not a professional squatter or not a member of squatting syndicates

4. Salient Provisions:
National Urban Development and Housing Framework

a comprehensive plan for urban and urbanizable areas to serve as basis for
achieving the objectives of the law

formulated by the Housing and Land Use Regulatory Board (HLURB) under the
direction of the Housing and Urban Development Coordination Council
(HUDCC) in coordination with all local government units and other concerned
public and private sectors

UDHA Socialized Housing Program

The housing program of the law provides for:
a) Beneficiary listing (coming up with a master list of beneficiaries within one year
from the effectivity of the law)
a) Land inventory (within the territorial jurisdiction of LGUs)
a) Identification of socialized housing sites
a) Acquisition of identified socialized housing sites
a) Disposition of lands for socialized housing

UDHA Resettlement Program

resettlement of persons living in danger areas (esteros, railroad tracks,

garbage dump, riverbanks shorelines and 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.

the law requires that this program be undertaken within 2 years from the
date of its effectivity (March 29, 1992 - March 29, 1994)

Balanced Housing Program

Developers of proposed subdivision projects are required to develop an area for
socialized housing equivalent to at least 20% of the total subdivision area or total
subdivision cost with the option tocomply 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

Eviction and Demolition (Rules and Procedure)

- The law discourages demolition as a practice. Eviction or demolition may be
allowed only when:
a. persons/entities occupy danger areas
b. persons/entities occupy public places
c. place occupied is a gov't. infrastructure project site
d. there is a court order for eviction or demolition
e. construction falls under the category: new illegal structure (construction after
March 29, 1992)
f. structure belongs to a professional squatter or a member of a squatting syndicate
- 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

Moratorium on Eviction and Demolition

- There shall be a moratorium on the eviction of all program beneficiaries and on the
demolition of their houses or dwelling units for a period of 3 years from the
effectivity of the law (March 29, 1992 - March 29, 1995), this while the program
components, i.e., the Housing Program, Resettlement Program, Balanced Housing
Program are being accomplished or otherwise set in place.

B. Comprehensive and Integrated Shelter Finance Act (RA

7835)
Increasing and regularizing yearly appropriation of the major components of the
national shelter program. It consists the following major component programs:
1. Resettlement Program
2. Medium-Rise Public and Private Housing
3. Community Mortgage Program
4. Cost-Recoverable Programs
5. Local Housing Program

Resettlement Program (Total Appropriation in 5 Years: 5.2B)

Target Beneficiaries: families displaced by government infrastructure 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:

1. NHA-Administered Resettlement Program
2. Resettlement Assistance Program for Local Government Units (the
LGUs shall provide the land while the NHA provides funds for land
develoment)

3. Resettlement Program with Other Government Agencies and the

Private Sector (may include 20% balanced housing by developers)

Medium-Rise Private and Public Housing (Total Appropriation in 5

Years: 3B)

Target Beneficiaries:
o

For Medium-rise Public Housing: city relocation alternative for families

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

Implementor: 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

Community Mortgage Program (Total Appropriation in 5 Years:

12.78B)

Governed by all existing CMP guidelines issued by NHMFC

Key Players: NHMFC - primary implementor

Gov't. agencies, LGUs, NGOs and POs as originators

Community Associations
Landowner
Cost Recoverable Programs (Total Appropriation in 5 Years: 2.542 B)

Undertaken by government through the National Housing 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.

Local Housing Program (Total Appropriation in 5 Years: 3B)

Purpose: o ensure the equitable distribution of 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:

C. PD 772 : ANTI-SQUATTING LAW (Criminal Law)

* committed by any person who succeeds in occupying or possessing the real
property of another against the latter's will through any of the following means:
> force
> intimidation
> threat
> taking advantage of the absence or tolerance of the landowner for residential,
commercial or any other purposes

D. EJECTMENT LAWS (Civil Law)

* Forcible Entry: committed by any person who deprives another of the possession
of any land or building by any of the following acts:
> force

> threat or,

> intimidation

> strategy

> stealth

* Unlawful Detainer: committed by any person who has an expired or

terminated right to hold possession by virtue of contract, express or implied
unlawfully withholding possession from landlord/vendor/vender or other
person legally entitled to possession

WHY THESE LAWS ARE OPPRESSIVE TO THE POOR:

Lack of security of abode (house/land tenure) makes the poor vulnerable to
ejectment and anti-squatting laws. In particular, PD 772 which criminalizes
squatting and prosecutes people who are more the victims of government
inadequacy than criminals.

II. INTERNATIONAL LAWS ON HOUSING

Introduction
The International Bill of Rights which consists of 3 Instruments, namely: a) The
Universal Declaration of Human Rights (1948); b) The International Covenant on
Economic, Social and Cultural Rights (1966); and c) The International Covenant on
Civil and Political Rights (1966). This bill is at the core of the UN action in the
promotion and protection of human rights and fundamental freedoms.
These instruments define human rights and fundamental freedoms. They form the
foundation of many UN human rights conventions,declarations and sets of rules and
principles. Covenants are international legal instruments. When members to the UN
become parties to a Covenant or other conventions by ratifying or acceding to
them, accept major obligations grounded in law.
State parties voluntarily bind themselves to bring national legislation, policy and
practice into line with their existing international legal obligations. By ratifying
these, States are accountable to their citizens, other State parties to the same
instruments and to the international community by solemnly commiting themselves
to respect and ensure the rights and freedom found in this documents. Many of
these international human rights treaties also require States parties to report
regularly on the steps they have taken to guarantee the realizations of these rights,
and also the progress they have done towards this end.

Right to Adequate Housing

The right to adequate housing is one of the economic, social and cultural rights to
have gained increasing attention and promotion from the United Nations Centre for
Human Settlement (Habitat). It strarted with the implementation of the Vancouver
Declaration on Human Settlements issued in 1976, followed by the proclamation of
the International Year of Shelter for the Homeless (1987) and the adoption of the
Global Strategy for Shelter to the Year 2000, and by the United Nations General
assembly in 1988.
Adequate housing is universally viewed as one of the basic human needs but the UN
Centre for Human Settlements estimates that throughout the world over 1 B people
live in inadequate housing and with an excess of 100 M people living in conditions of
homelessness. Added to this, access to potable water and adequate sanitation
facilities, which are important basic needs associated with housing, are inadequate.
Based on the 1990

Decade Assessment report released by the World Health Organization, 1.2 B people
in developing countries do not have access to drinking water and 1.8 B people live
without access to adequate sanitation. These situations only reveal the need of a
global struggle to fulfill the right to adequate housing.
The International Year of Shelter for the Homeless (1987) facilitated the raising of
public awareness about the housing and related problemsprevalent throughout the
world. As a follow-up, the Global Strategy for Shelter to the Year 2000 has propelled
to push the housing issues forward and had resulted in housing rights being placed
prominently on the human rights agenda of the United Nations.
The right to adequate housing forms a cornerstone of the Global Shelter Strategy:
"The right to adequate housing is universally recognized by the community of
nations... All nations without exception, have some form of obligation in the shelter
sector, as exemplified by their creation of housing ministries or housing agencies,
by their allocation of funds to the housing sector, and by their policies, programmes
and projects... All citizens of all States, poor as they may be, have a right to expect
their Governments to be concerned about their shelter needs, and to accept a
fundamental obligation to protect and improve houses and neighborhoods, rather
than damage or destroy them."

Within the Global Strategy, adequate housing is defined as:

adequate privacy, adequate space, adequate security, adequate lighting and
ventilation, adequate basic infrastructure and adequate location with regard to work
and basic facilities, all at a reasonable cost.

Legal Formulation of Housing Rights

With the adoption of the Universal Declaration of Human Rights in 1948, the right to
housing joined the body of international, universally applicable and accepted human
rights law. Adequate housing is the right of every child, woman and man
everywhere as phrased in many human rights instruments, namely:

Art. 25.1 of the Universal declaration of Human Rights proclaims that:

"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."

Art.11.1 of the Covenant on Economic, Social and Cultural Rights (ratified or

acceded to by 108 States and which contains the most significant foundation
of the right to housing found in the entire body of legal principles comprising
the international human rights law) declares that:

"The State Parties to the the present Covenant recognize the right of
everyone to an adequate standard of living for himself and his family,
including adequate food, clothing and housing and to the continuous
improvement of living conditions. The State Parties will take appropriate steps
to ensure the realization of this right, recognizing to this effect the essential
importance of international cooperation based on free consent."

UN Declaration on Social Progress and Development (1969) and the UN

Vancouver Declaration on Human Settlements (1976) are other instruments
that recognize the rights of everyone to adequate housing.

Various International Conventions and UN Declarations also contain

provisions on the housing rights of women, children, migrant workers,
refugees and indigenous peoples. In particular, the Convention on the
Elimination of All Forms of Racial Discriminationnd includes the obligation of
States Parties to:
"prohibit and eliminate racial discrimination in all forms and to guarantee the
right of everyone, without distinction as to race, color or national or ethnic
origin,to equality before the law, notably in the enjoyment of economic, social
and cultural rights in particular... the right to housing."

Government Obligations in the Operationalization of Housing

Rights
In relation to the operationalization of the right to adequate housing, the legal
obligations of governments concerning the right to adequate housing consist of: a)
duties found in Art.2.1 of the Covenant on Economic, Social and Cultural Rights
(Each State Party to the present Covenant undertakes the steps, individually and
through international assistance and cooperation, especially economic and technical
to the maximum of its available resources, with a view to achieving progressively
the full realization of the rights recognized in the present Covenant by all
appropriate means, including particularly the adoption of legislative measures); and,
b) the more specific obligations to recognize, respect, protect and fulfil this and
other rights.

Towards the Justiciability of Housing Rights

The Committee on Economic, Social and Cultural Rights has affirmed that the legal
principle or provision of domestic legal remedies are applicable in the following
areas: a) legal appeals aimed at preventing planned evictions or demolitions
through the issuance of court-ordered injunctions; b) legal procedures seeking

compensation following an illegal eviction; c) complaints againstillegal actions

carried out or supported by landlords (private or public) in relation to rent levels,
dwelling maintenance and racial or other forms of discrimination;d) allegations of
any form of discrimination in the allocation and availability of access to housing; e)
complaints against landlords concerning unhealthy or inadequate housing
conditions; and, class action suits in situations involving significantly increased
levels of homelessness.

What to Do When There is a Violation of Housing Rights

The Committee on Economic, Social and Cultural Rights (4th session) noted that,
"the right to housing can be subject to violation and as such, acts and omissions
constituting violations will need to be explored by the Committee, especially in the
context of evictions". The Committee stated that tolerance by Governments of
forced evictions on their territory constituted a violation of the norms of the
Covenant. On the other hand, the Commission on Human Rights, in its resolution
1993/77 affirmed that, " the practice of forced eviction constitutes a gross violation
of human rights, in particular, the right to adequate housing.
So far, the UN has only considered violation of housing rights in the context of
forced evictions either conducted or tolerated by the State. Likewise, the Covenant
on Economic, Social and Cultural Rights has not yet create formal mechanisms by
which individuals could submit complaints alleging non-compliance by their
Governments with their housing rights.
Since there is no formal mechanisms to lodge complaints with regards to housing
rights violation, affected persons and groups can work with NGOs which are active
at the annual sessions of the Committee on Economic, Social and Cultural Rights
and can draw the attention of the Committee to practices and legislation of State
Parties that are inconsistent with the obligations of the Covenant.
Likewise, the complaint mechanisms under the International Convention on the
Elimination of All Forms of Racial Discrimination (Fact Sheet Nos. 7, 12), the the
Optional Protocol to the Covenant on Civil and Political Rights (Fact Sheet Nos.7,15),
the Convention on the Rights of the Child (revised Fact Sheet No. 10), the Economic
and Social Council resolution 1503 procedure and the enforcement mechanisms of
the ILO could be used by persons alleging that they are victims of certain types of
housing rights violations.
Furthermore, specific issues and cases relating to the right to adequate housing can
be raised by people or entities in various UN Forums such as the Sub-Commission
on Prevention of Discrimination and Protection of Minorities, the Commission on
Human Rights (either directly or through its country-oriented Special Rapporteurs or
Working Groups, if appropriate), the Economic and Social Council and the General
Assembly.

Role of Non-Governmental Organizations, Groups and

Individuals
Both international and local NGOs can be key actors in the promotion and
enforcement of the right to adequate housing. At the local and national level, NGOs
can carry out various initiatives to promote the realization of the right to adequate
housing through:

publication and polurarization of the Covenant on Economic, Social and

Cultural Rights particularly to vulnerable and disadvantaged groups.

participation in the reporting process engaged in by the government

provision of legal education, training and advice with the purpose of

informing poor people of their right and how to enforce them

For individuals, groups and other NGOs without consultative status with the UN can
forward their concerns to the Committee on Economic, Social and Cultural Rights
and other UN bodies dealing with housing rights issues through NGOs that have
consultative status, as these entities have rights of participation in the UN system.
Individuals or groups can also send information about violations by any State party
of any rights found in the Covenant directly to the Secretary of the Committee at
the Centre for Human Rights as these communications are distributed to Committee
members.

OTHER LAWS
BATAS PAMBANSA BLG. 185
( AN ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE
CONSTITUTION AND FOR OTHER PURPOSES)

Section 1. In implementation of Section fifteen of Article XIV of the Constitution, a

natural-born citizen of the Philippines who has lost his Philippine citizenship may be
a transferee of private land, for use by him as his residence, subject to the
provisions of this Act.
Sec. 2. Any natural-born citizen of the Philippines who has lost his Philippine
citizenship and who has the legal capacity to enter into a contract under Philippine
laws may be a transferee of a private land up to a maximum area of one thousand
square meters, in the case of urban land, or one hectare in the case of rural land, to
be used by him as his residence. In the case of married couples, one of them may

avail of the privilege herein granted; Provided, That if both shall avail of the same,
the total area acquired shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural lands for residential purposes, he
shall still be entitled to be a transferee of additional urban or rural lands for
residential purposes which, when added to those already owned by him, shall not
exceed the maximum areas herein authorized.
Sec. 3. A transferee under this Act may acquire not more than two lots which
should be situated in different municipalities or cities anywhere in the Philippines;
Provided, That the total area thereof shall not exceed one thousand square meters in the case
of urban lands or one hectare in the case of rural lands for use by him as urban land shall be disqualified from
acquiring acquiring rural land, and vice versa.
Sec. 4. As used in this Act

Magna Carta for Homeowners and Homeowners

Associations (RA 9904)
Every homeowner has the right to enjoy the basic community services and facilities: Provided, That he/she
pays the necessary fees and other pertinent charges. (Section 5)

1.

Rights of a homeowners association member:

Avail of and enjoy all basic community services and the use of common areas and facilities;

2.

Inspect association books and records during office hours and to be provided upon request with
annual reports, including financial statements;

3.

Participate, vote and be eligible for any elective or appointive office of the association subject to the
qualifications as provided for in the bylaws;

4.

Demand and promptly receive deposits required by the association as soon as the condition for the
deposit has been complied with or the period has expired;

5.

Participate in association meetings, elections and referenda, as long as his/her bona fide
membership subsists; and

6.

Enjoy all other rights as may be provided for in the association bylaws.

Prohibited Acts (Section 22)

It shall be prohibited for any person:

1.

To compel a homeowner to join the association, without prejudice to the provisions of the deed of
restrictions, its extensions or renewals as approved by the majority vote of the members or as annotated on the title
of the property; the contract for the purchase of a lot in the subdivision project; or an award under a CMP project or a
similar tenurial arrangement;

2.

To deprive any homeowner of his/her right to avail of or enjoy basic community services and
facilities where he/she has paid the dues, charges, and other fees for such services;

3.

To prevent any homeowner who has paid the required fees and charges from reasonably
exercising his/her right to inspect association books and records;

4.

To prevent any member in good standing from participating in association meetings, elections and
referenda;

5.

To deny any member due process in the imposition of administrative sanctions;

6.

To exercise rights and powers as stated m Section 10 [Rights and Powers of the Association] in
violation of the required consultation and approval of the required number of homeowners or members;

7.

To unreasonably fail to provide basic community services and facilities and maintain, repair,
replace, or modify such facilities;

8.

To unreasonably fail to comply with Section 17 [Financial and other records] of this Act; or

9.

To violate any other provision of this Act.

Realty Installment Buyer Protection Act (RA 6552)

All transactions or contracts involving the sale or financing of real estate on

installment payments, including residential condominium apartments but excluding
industrial lots, commercial buildings and sales to tenants where the buyer has paid
at least two years of installments, the buyer is entitled to the following rights in
case he defaults in the payment of succeeding installments:

1.

To pay, without additional interest, the unpaid installments due within

the total grace period earned by him which is hereby fixed at the rate of one month
grace period for every one year of installment payments made: Provided, That this
right shall be exercised by the buyer only once in every five years of the life of the
contract and its extensions, if any.

2.

If the contract is canceled, the seller shall refund to the buyer the cash
surrender value of the payments on the property equivalent to fifty per cent of the
total payments made, and, after five years of installments, an additional five per
cent every year but not to exceed ninety per cent of the total payments made:
Provided, That the actual cancellation of the contract shall take place after thirty

days from receipt by the buyer of the notice of cancellation or the demand for
rescission of the contract by a notarial act and upon full payment of the cash
surrender value to the buyer.
Down payments, deposits or options on the contract shall be included in the
computation of the total number of installment payments made. (Section 3)

In case where less than two years of installments were paid, the seller shall
give the buyer a grace period of not less than sixty days from the date the
installment became due. If the buyer fails to pay the installments due at the
expiration of the grace period, the seller may cancel the contract after thirty days
from receipt by the buyer of the notice of cancellation or the demand for rescission
of the contract by a notarial act. (Section 4).

Under Section 3 and 4, the buyer shall have the right to sell his rights or
assign the same to another person or to reinstate the contract by updating the
account during the grace period and before actual cancellation of the contract. The
deed of sale or assignment shall be done by notarial act. (Section 5)

The buyer shall have the right to pay in advance any installment or the full
unpaid balance of the purchase price any time without interest and to have such full
payment of the purchase price annotated in the certificate of title covering the
property. (Section 6)

Real Estate Service Act (RA 9646)

Real estate broker definition

A duly registered and licensed natural person who, for a professional fee,
commission or other valuable consideration, acts as an agent of a party in a real
estate transaction to offer, advertise, solicit, list, promote, mediate, negotiate or
effect the meeting of the minds on the sale, purchase, exchange, mortgage, lease
or joint venture, or other similar transactions on real estate or any interest therein.
(Section 3.g.5)

Prohibition Against the Unauthorized Practice of Real Estate Service

No person shall practice or offer to practice real estate service in the Philippines or
offer himself/herself as real estate service practitioner, or use the title, word, letter,
figure or any sign tending to convey the impression that one is a real estate service
practitioner, or advertise or indicate in any manner whatsoever that one is qualified
to practice the profession, or be appointed as real property appraiser or assessor in
any national government entity or local government unit, unless he/she has
satisfactorily passed the licensure examination. (Section 29)

 Rent Control Act of 2009 (RA 9653)

Coverage
All residential units in the National Capital Region and other highly urbanized cities,
the total monthly rent for each of which ranges from One peso (P1.00) to Ten
thousand pesos (P10,000.00) and all residential units in all other areas, the total
monthly rent for each of which ranges from One peso (P1.00) to Five thousand
pesos (P5,000.00) as of the effectivity date of this Act shall be covered, without
prejudice to existing contracts. (Section 5)

Limit on increases in rent

For a period of one (1) year from its effectivity, no increase shall be imposed upon
the rent of any residential unit covered by this Act: Provided, That after such period
until December 31, 2013, the rent of any residential unit covered by this Act shall
not be increased by more than seven percent (7%) annually as long as the unit is
occupied by the same lessee: Provided, further, That when the residential unit
becomes vacant, the lessor may set the initial rent for the next lessee: Provided,
however, That in the case of boarding houses, dormitories, rooms and bedspaces
offered for rent to students, no increase in rental more than once per year shall be
allowed.