Laws and Executive Issuances

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LAWS AND EXECUTIVE ISSUANCES

REPUBLIC ACTS

 Republic Act No 11201: Department of Human Settlements and Urban Development Act


 IRR RA 11201
 Republic Act No. 9653:  Rent Control Act (2009)
 Republic Act No. 9507:  Socialized and Low-Cost Housing Loan Restructuring and Condonation Act (2008) 
 IRR RA 9507
 Republic Act No. 9397:  Disposition of Lands for Socialized Housing (2006)
 Republic Act No. 9341:  The Rent Control Act (2005)
 Republic Act No. 8501:  Penalty Condonation (1998)
 Republic Act No. 8368:  Repeal of Presidential Decree No. 772 (1997)
 Republic Act No. 8437:  Rent Control Law (1997)
 Republic Act No. 7835:  CISFA (1994)
 Republic Act No. 7279:  Urban Development and Housing Act (1992)

Implementing Rules and Regulations of R.A. No. 7279 (Summary Eviction): 

 Acquisition, Valuation and Disposition of Lands

            To enable the equitable utilization of residential lands in urbanizable areas with particular attention to the
needs of the underprivileged and homeless and not merely on the basis of market forces, several provisions in RA
7279 address Acquisition Priorities in Land Acquisition (Section 9), Modes of Land Acquisition (Section 10),
Disposition (Section 12), and Valuation (Section 13) of lands for Socialized Housing.

Valuation of Lands for Socialized Housing


Specific to the valuation of lands for socialized housing (Section 13) the Department of Finance issued the following
Local Finance Circulars:

 DOF Local Finance Circular 3 92


 DOF Local Finance Circular 1 97
 Balanced Housing Development (20 Percent Requirement)

Balanced Housing Development Requirement

            To further increase the low-cost housing stock available to underprivileged families and homebuyers, Section
18 of Republic Act No. 7279 (Balanced Housing Development) was amended to include the residential condominium
projects in complying with the balanced housing requirement.

            Section 18 of RA 7279, as amended by Republic Act No. 10884, requires that owners and/or developers of
proposed subdivision and condominium projects develop an area for socialized housing, at the option of the
developer, equivalent to:                                             

 At least fifteen percent (15%) of the total subdivision area or subdivision project cost
 At least five percent (5%) of condominium area or project cost.

The balanced housing requirement should be accomplished within the same city or municipality, whenever feasible,
and in accordance with the standards set by the Housing and Land Use Regulatory Board (HLURB) and other
existing laws.
Read more: Briefer on RA 10884

 Beneficiary Registration

            Section 17 (Registration of Socialized Housing Beneficiaries) mandates the local government units to identify
and register all beneficiaries within their respective localities.

 Inventory of Lands

            Section 7 (Inventory of Lands) directs all city and municipal governments to conduct an inventory of all lands
and improvements in their respective localities to identify residential lands, government lands, unregistered or
abandoned and idle lands, and other lands. This inventory shall be updated every three years.

 DOF Local Finance Circular 1 97

Incentives for the Private Sector

            Section 20 (Incentives for the Private Sector) seeks to encourage greater private sector participation through
the reduction and simplification of requirements, and provision of exemptions in the payment of specific taxes.

 DOF Local Finance Circular 1 97


 Proper and Humane Relocation Procedures

            In Section 28 eviction and demolition, as a practice, shall be discouraged but will be allowed under specific
situations: when persons or entities occupy danger areas and other public places; when government infrastructure
projects are about to be implemented; or when there is a court order for eviction and demolition. The conduct of
eviction or demolition orders shall be covered by specific procedures.

Socialized Housing Tax

            Section 43 authorizes local government units to impose an additional one-half (0.5%) tax on the assessed
value of all lands in urban areas in excess of Fifty thousand pesos.

 DOF Local Finance Circular 1 97

Summary Eviction

            Summary Eviction is authorized for those who have constructed their structures after the effectivity of RA
7279 (Section 44) and for any person or group identified as professional squatter and squatting syndicated (Section
27) . Moreover Section 30 paragraph (2) provides, "After the effectivity of this Act, the barangay, municipal or city
government units shall prevent the construction of any kind of illegal dwelling units or structures within their
respective localities."

 Implementing Rules And Regulations Governing Summary Eviction

EXECUTIVE ORDERS

 Executive Order No. 272:  Authorizing the Creation of the Social Housing Finance Corporation and Directing
the transfer of the Community Mortgage Program, Abot-Kaya Pabahay Fund Program, and other social
Housing Powers and Functions of the National Home Mortgage Finance Corporation to the Social Housing
Finance Corporation  (2004)
 Executive Order No. 105:  Approving and Directing the Implementation of the Program for "Provision of
Group Home/Foster  home for Neglected, Abandoned, Abused, Detached and Poor Older Persons and
Persons with Disabilities" (2002)
 Executive Order No. 20:  Reaffirming Mass Housing as a Centerpiece Program in the Poverty Alleviation
efforts of the Government and further strengthening the Housing and Urban Development Coordinating
Council  (2001)
 Executive Order No. 258:  Prescribing Time Standards in the Issuance of Permits for Housing
Projects (2000)
 Executive Order No. 45:  Prescribing Time Periods for Issuance of Housing Related Certifications,
Clearances and Permits, and Imposing Sanctions for Failure to Observe the Same (2001)
 IRR EO 45 
 Executive Order No. 159:  Declaring Mass Housing as Centerpiece Program of the Estrada Administration
and Constituting the Presidential commision for Mass Housing (1999)
 Executive Order No. 170:  Establishing the Revolving Funds for Housing Projects of Local Government
Units (1999)
 Executive Order No. 71:  Devolving the Powers of the Housing and Land use Regulatory Board to approve
Subdivision plans to Cities and Municipalities pursuant to R.A. no. 7160, otherwise known as the Local
Government Code of 1991  (1993)
 Executive Order No. 72:  Providing for the Preparation and Implementation of Comprehensive Land Use
Plans of LOcal Government Units Pursuant to the Local Government Code of 1991 and other Pertinent
Laws (1993)
 Executive Order No. 129:  Establishing an Institutional mechanism to Curtailment of the Activities of the
Professional Squatting Syndicates and Professional Squatters and Intensifying the drive against
them (1993)
 Executive Order No. 357:  Strengthening the Existing Coordinating Mechanism of the National Shelter
Program of the Government Under Executive Order No. 90, Dated December 17, 1986 (1989)
 Executive Order No. 90: Identifying the Government Agencies Essential for the National shelter program
and defineing their mandates, creating the Housing and Urban Development Coordinating Council,
Rationalizing funding sources and lending mechanisms for home mortgages and for other purposes (1986)

ADMINISTRATIVE ORDER

 Administrative Order No. 44 - Streamlining the process of issuances of Permits, Certifications, Clearances
and Licenses for Housing and Resettlement Projects in Yolanda-Affected areas, Directing all Government
Agencies concerned to observe the same and Imposing Sanctions for Non-Compliance.

MEMORANDUM CIRCULAR

 Memorandum Circular No. 87, Series of 2015 - Directing all National Government Agencies and
Instrumentalities, including Government-Owned or Controlled Corporations, to Submit an Inventory of their
respective Idle Lands, and Creating an Inter-Agency Task Force to identity Lands, and sites for
Socialized Housing
 Memorandum Circular No. 112, Series of 2006 - Housing Fair for employees in the public sector

PROCLAMATION

 Proclamation No. 662:  Declaring the Month of October as the National Shelter Month (1995)

PRESIDENTIAL DECREE

 Presidential Decree No. 957:  Regulating the Sale of Subdivision Lots and Condominiums, Providing
Penalties for Violation Thereof (1976) 
 IRR PD 957
ANTI-GRAFT AND CORRUPTION LAWS: 

REPUBLIC ACTS

 Republic Act No. 1379:  An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been
Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor (1955)
 Republic Act No. 3019:  Anti-graft and Corrupt Practices Act (1960)
 Republic Act No. 7080:  An Act Defining and Penalizing the Crime of Plunder (1991)
 Republic Act No. 9160:  An Act Defining the Crime of MONEY Laundering, Providing Penalties Therefor and
for Other Purposes (2001)
 Republic Act No. 9194:  An Act Amending Republic Act No. 9160, Otherwise Known as the “Anti-Money
Laundering Act of 2001” (2003)
 Republic Act No. 9485:  An Act to Improve Efficiency in the Delivery of Government Service to the Public by
Reducing Bureaucratic Red Tape, Preventing Graft and Corruption, and Providing Penalties Therefor (2007)
 Republic Act No. 6770:  The Ombudsman Act of 1989 (1989)
 Republic Act No. 6713:  Code of Conduct and Ethical Standards for Public Officials and Employees (1989)\
 Republic Act No. 9184:  Government Procurement Reform Act (2002)
 Republic Act No. 8368:  Anti-Squatting Law Repeal Act of 1997 (1997)

PRESIDENTIAL DECREES 

 Presidential Act No. 46:   Making It Punishable for Public Officials and Employees to Receive, and for
Private Persons to Give, Gifts on Any Occasion, Including Christmas (1972)
 Presidential Decree No. 749:  Granting Immunity from Prosecution to Givers of Bribes and Other Gifts and
to Their Accomplices in Bribery and Other Graft Cases Against Public Officers (1975)
 Presidential Decree No. 1606, as amended by Republic Act No. 7975 and Republic Act No. 8249:  Revising
Presidential Decree No. 1486 Creating a Special Court to be Known as “Sandiganbayan” and for Other
Purposes

OTHERS

 Revised Penal Code (Title II, Book 2)


 Rules on Investigation and Adjudication
 Presidential Anti-graft Commission IDAP Circular No. 01-2005:  Guidelines on the Implementation of the
Integrity Development Action Plan (IDAP) (2005)
 Guidelines on Joint Venture Agreements (JVA) to Expedite the Implementation of Recovery, Reconstruction
and Rehabilitation Projects in the Most Affected Areas of Marawi City

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