R.A.

11201 – IRR of DHSUD

RULE 1: GENERAL PROVISION

Section 1. Title and Purpose. — "Implementing Rules and Regulations

of the Department of Human Settlements and Urban Development
Act"

SECTION 2. Declaration of Policy. — ensure that underprivileged and

homeless citizens have access to an adequate, safe, secure, habitable,
sustainable, resilient and affordable home.

SECTION 3. Definition of Terms

Affordable Cost - most reasonable price of land and shelter

Agricultural Lands - lands devoted to or suitable for the cultivation of the

soil, planting of crops, growing of trees, raising of livestock, poultry, fish or
aquaculture production, including the harvesting of such farm products . . .
as defined in RA 8435, otherwise known as the “Agriculture and Fisheries
Modernization Act”

Abandoned Subdivision or Condominium

- a project whose development has not been completed in

accordance with the approved development plan despite the
lapse of at least ten (10) years from the target date of completion
- project owner or developer has no intention to complete the
project development
- the last five (5) years, the project owner or developer cannot be
located

Community Development

- process of empowering communities

Community Mortgage Program

- a mortgage financing program of the Social Housing Finance

Corporation which assists legally organized associations of
underprivileged and homeless citizens to purchase and develop a
tract of land under the concept of community ownership

Comprehensive Land Use Plan (CLUP)

- document formulated by the local government in consultation with

its stakeholders, that defines or provides guidelines on the
allocation, utilization, development and management of all lands,
within a given territory or jurisdiction
Condominium Project

- entire parcel of real property divided or to be divided primarily for

residential purposes into condominium units, including all
structures thereon, which complies with the requirements and
standards provided under Presidential Decree No. (PD) 957,
otherwise known as the “Subdivision and Condominium Buyers’
Protective Decree”, and its implementing rules and regulations

Top 10 Philippine Property Developers:

Grand Hyatt Manila

- tallest building, third largest building in the Philippines

- Mixed-use
- Location: Bonifacio Global City, the Philippines
- Height: 318 meters (1,043 feet)
- Completed: 2018

Trump Tower at Century City

- Tallest Residential Building, third largest building in the

Philippines
- Residential
- Location: Makati, the Philippines
- Height: 251 meters (823 feet)
- Completed: 2017

Economic Housing Project

- residential subdivision projects and condominium projects which

are sold at or below the prevailing price ceiling for economic
housing and compliant with the standards provided under Batas
Pambansa Blg. (BP) 220
Environmental Planning

- also known as urban and regional planning, city planning, town

and country planning, and/or human settlements planning
- refers to the multi-disciplinary art and science of analyzing,
specifying, clarifying, harmonizing, managing and regulating the
use and development of land and water resources, in relation to
their environs, for the development of sustainable communities
and ecosystems

Government Housing Project

- refers to subdivisions, condominium buildings, medium-rise

buildings, new settlements and other similar residential projects
owned, managed or funded by the government

Government Lands

- parcels of land whose ownership or title pertains to the

government
- also include rights-of-way or road titles

Homeowners Association (HOA)

- non-stock, nonprofit corporation registered with DHSUD, or

previously registered with the HLURB or the Home Insurance
Guarantee Corporation (now Home Guaranty Corporation) or the
Securities and Exchange Commission
- organized by owners or purchasers of a lot in a subdivision/village
or other residential real property

Housing

- process of residing and the objects of dwelling

- physical structure as well as a social structure
- a sector of the economy, an important category of land use in
both urban and rural areas

Housing Cooperative

- association organized to assist or provide access to housing for

the benefit of its regular members who actively participate in the
savings program for housing

Housing Finance

- refers to the comprehensive funds flow system covering the

entire housing provision cycle

Human Settlements
 - physical components of shelter and infrastructure
- services to which the physical elements provide support

Idle Lands

- non-agricultural lands in urban and urbanizable areas on which

no improvements have been made by the owner

In-City Resettlement

- relocation site within the jurisdiction of the local government unit

where the informal settler families are living

Informal Settler Families

- households living in a lot without the consent of the property

owner; or those without legal claim over the property they are
occupying; or those living in danger areas

Land Banking

- acquisition of land at values based on existing use

Local Government Unit (LGU)

- provinces, cities, municipalities, and barangays

Local Shelter Plan (LSP)

- a document which provides information on the analysis of the

present local housing situation

Near-City Resettlement

- relocation site within the jurisdiction of a LGU adjacent to the LGU

having jurisdiction over the present settlements of the informal
settler families

Neighborhood Association

- group of potential public housing beneficiaries living in contiguous

areas

Off-city relocation

- development of a site outside and not adjacent to the LGU where

the affected informal settler families have their settlements

People’s Plan

- plan formulated by the beneficiary-association

Prototype Projects
 - an early sample, model of a housing project or design, or the pilot
implementation of a housing and urban development concept,
program or process for the purpose of testing its viability or
sustainable replication

Public-Private Partnership

- a contractual agreement between the Government and a private

firm targeted towards financing, designing, implementing and
operating infrastructure facilities and services that were
traditionally provided by the public sector

Public Housing

- programs and projects owned and/or managed by the

government for the purpose of providing housing to underserved
families

Real Estate Projects or Real Estate Development Projects

- refers to subdivisions, condominiums, townhouses, memorial

parks, columbaria and other similar projects

Rental Housing

- refers to housing where the occupancy is permitted by the owner

in consideration of the agreed payment charges

Resettlement Areas

- refers to sites used for the relocation of the underprivileged and

homeless citizens and other qualified households

Resilient Housing

- refers to housing that is equipped with an adequate capacity to

resist, absorb and accommodate the effects of climate change
and hazards

Rural Development

- refers to the process of improving the quality of life and economic

well-being of people living in rural areas

Socialized Housing

- refers to housing programs and projects covering houses and lots

or homelots only, or residential condominium units undertaken by
the government or the private sector for the underprivileged and
homeless citizens

Socialized Housing Project

 - refers to residential subdivision projects and condominium
projects undertaken by the government or the private sector
which are sold at or below the prevailing price ceiling for
socialized housing

Socialized Housing Tax

- imposition of the 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) that LGUs are authorized to impose
under Section 43 of RA 7279

Subdivision Project

- a tract or a parcel of land which is partitioned primarily for

residential purposes into individual lots with or without
improvements, and offered to the public for sale
Underprivileged and Homeless Citizens

- individuals or families residing in urban and urbanizable areas

whose income or combined household income falls within the
poverty threshold as defined by the National Economic and
Development Authority (NEDA) and who do not own housing
facilities

Underserved Families

- refers to those who are disadvantaged in terms of access to basic

services

Urban Development

- process of occupation and use of land or space for activities such

as residential, industrial, commercial and the like or their
combinations, necessary to carry out the functions of urban living.

Urban Development Planning

- process that involves the planning of diverse elements that

comprise an urbanizing and urbanized area

Zoning

- division of a community into districts (e.g., commercial,

residential, industrial, institutional, etc.) in order to maximize,
regulate and direct their use and development according to the
Comprehensive Land Use Plan
Zoning Ordinance (ZO)

- locally enacted ordinance which embodies, among others,

regulations affecting uses allowed or disallowed in each zone or
district

RULE II: DEPARTMENT OF HUMAN SETTLEMENT AND URBAN

DEVELOPMENT

SECTION 4. Creation and Mandates of the Department

SECTION 5. Composition

SECTION 6. General Powers and Functions of the Department

SECTION 7. Policies, Plans and Programs Formulation and

Development

SECTION 8. Oversight and Monitoring Functions of the Department

SECTION 9. Ownership and Administration of Government-owned

Lands

SECTION 10. Powers and Functions of

the Department in Relation to Public
Housing and Urban Development
The HDMF shall provide a mutual provident savings system for private and
government employees and other earning groups, supported by matching
mandatory contributions of their respective employers, with housing as the
primary investment.

The NHA shall continue to function as a

production and financing arm in housing
and shall exercise all other functions
based on its existing charter and its other
mandates as provided under existing
laws.

The NHMFC, a government corporation mandated to increase the

availability of affordable housing finance to support the Filipino
homebuyers on their acquisition of housing units through the development
and operation of a secondary market for home mortgages and other
housing related receivables.

The SHFC is the lead government agency

tasked to develop and implement social
housing programs for low-income groups in
the formal and informal sectors, especially
the underprivileged and homeless in order to
uphold their right to adequate housing
through flexible, affordable, innovative and
responsive shelter financing, and development / production solutions that
are community-driven.

SUB-RULE II-A THE OFFICE OF THE SECRETARY

SECTION 11. The Office of the Secretary

SECTION 12. Appointment and Qualifications. — The Secretary shall

be appointed by the President with the consent of the Commission on
Appointments while the Undersecretaries and
Assistant Secretaries shall be appointed by the
President upon the recommendation of the Secretary.
The Secretary shall be assisted by three (3)
Undersecretaries and three (3) Assistant Secretaries:
Provided, That at least one (1) Undersecretary and
one (1) Assistant Secretary shall be career officers.
EDUARDO D. DEL ROSARIO is the first-ever Secretary of the newly
created Department of Human Settlements and Urban Development
(DHSUD) appointed by the President on January 2020.

SUB-RULE II-B: THE BUREAUS

SECTION 17. Department Bureaus. — To carry out its mandates and

functions, the Department shall operate and maintain Bureaus under it
such as but not limited to:

(a) Environmental, Land Use and Urban Planning and Development

Bureau

EnP MYLENE A. RIVERA, MNSA, CESO III, Director

(b) Housing and Real Estate Development Regulation Bureau

ATTY. ANGELITO F. AGUILA, OIC – Director

(c) Homeowners Associations and Community Development Bureau

ATTY. MA. LORINA J. RIGOR, OIC – Director

SECTION 18. Composition of the Bureaus. — Each Bureau shall be

headed by a Director, shall be appointed by the President.

SECTION 19. Environmental, Land Use and Urban Planning and

Development Bureau

SECTION 20. Housing and Real Estate Development Regulation

Bureau

SECTION 21. Homeowners Associations and Community

Development Bureau

SUB-RULE II-C: THE REGIONAL OFFICES

SECTION 22. Establishment of Regional Offices

SECTION 23. Regional Directors and Assistant Regional

SECTION 24. General Functions of the Regional Offices

SECTION 25. Core Functions of the Regional Offices

RULE III: ATTACHED CORPORATIONS

SECTION 26. Attached Corporations

SECTION 27. Appointment of Board of Directors or Trustees

SECTION 28. Performance Contract

SECTION 29. Restructuring of the Attached Corporations. — Within

two (2) years from the effectivity of the Act, the Secretary, in coordination
with the Governance Commission for GOCCs (GCG), shall recommend to
the President, the restructuring of the foregoing corporations …

RULE IV: HUMAN SETTLEMENTS ADJUDICATION COMMISSION

SECTION 30. Reconstitution of the HLURB as the Human Settlements

Adjudication Commission

SECTION 31. Composition and Compensation

Commission en banc. — Five (5) Commissioners appointed by the

President shall comprise the Commission.

The Executive Commissioner shall be appointed by the President from

among the five (5) Commissioners.
The Executive Commissioner may delegate or assign administrative
supervision over specific Regional Adjudication Branches (RABs) to the
other four (4) Commissioners.

In order to efficiently carry out its adjudicatory functions, the Commission

may sit en banc or in three (3) Divisions, each composed of a combination
of three (3) Commissioners: Provided, That no two (2) Divisions shall have
the same composition.

Regional Adjudication Branches (RABs) — There shall be as many

RABs as there are Regional Offices of the Department.

There shall be as many Regional Adjudicators as may be necessary for

the effective and efficient operations of the RAB, but in no case less than
two (2)

SECTION 32. Qualifications and Terms of Office.

Commissioner

- Natural born citizen of the Philippines

- Of good moral character
- Engaged in the practice of law
- Member of the Phil. Bar of good standing for atleast 10 years

Each Commissioner shall hold office for six (6) years

Regional Adjudicator

- Citizen of the Philippines

- Of good moral character
- In the practice of law
- Member of the Phil. Bar for atleast 7 years
- Atleast 3 years experience in realty or land use development
cases

Section 33. Jurisdiction of the Commission.

The decision of the Commission shall be final and executory after

fifteen (15) calendar days from receipt by the parties.

SECTION 34. Jurisdiction of Regional Adjudicators. — The Regional

Adjudicators shall exercise original and exclusive jurisdiction to hear and
decide cases involving the following:

- Cases involving subdivisions, condominiums, memorial

park, and similar real estate developments:
a. Actions concerning unsound real estate business practices
 b. Claims for refund and other claims filed by subdivision lot or
condominium unit buyer against the project owner,
developer, dealer, broker, or salesman
c. Cases involving specific performance of contractual and
statutory obligations arising from the sale of the lot or unit
and development of the subdivision or condominium project
d. Disputes involving the open spaces or common areas and
their use filed by the project owner or developer or the duly
registered HOA, including the eviction of informal settlers
therein
e. Suits to declare subdivision, condominium or other real
estate developments within the regulatory jurisdiction of the
Department as abandoned, as defined under Section 3 of the
Act for the purpose of Section 35 of PD 957;
f. Disputes involving easements within or among subdivision
projects
g. Actions to annul mortgages executed in violation of Section
18 of PD 957

- Cases involving HOAs:

a. Controversies involving the registration and regulation of
HOAs;

b. Intra-association disputes or controversies

c. Inter-association disputes or controversies
d. Disputes between such HOA and the State

- Disputes involving the implementation of Section 18 of RA 7279,

as amended by RA 10884, and its implementing rules and
regulations; and
- Disputes or controversies involving laws and regulations being
implemented by the Department except those cases falling within
the jurisdiction of other judicial or quasi-judicial body.

SECTION 35. Powers and Authorities of the Commission. — The

Commission shall have the power and authority:

- To promulgate rules and regulations governing the hearing and

disposition of cases before it and its Adjudicators
- To administer oaths, summon the parties to a controversy, issue
subpoenas requiring the attendance and testimony of witnesses
or the production of such books, papers, contracts, records,
statements of accounts, agreements, and others
- To hold any person in contempt directly or indirectly and impose
appropriate penalties in accordance with law.

Any person committing any act of misbehavior in the presence of or so

near any member of the Commission or any Adjudicator . . .

 if it be committed against the Commission or any of its members:

 fine not exceeding Five thousand pesos (P5,000.00) or
imprisonment not exceeding five (5) days, or both.

 if the offense is committed against an Adjudicator:

it shall be punishable by a fine not exceeding One thousand
pesos (P1,000.00) or imprisonment not exceeding one (1) day, or
both.

SECTION 36. Appeals. — Decisions, awards or orders of the Regional

Adjudicators shall be final and executory unless appealed to the
Commission within fifteen (15) calendar days from receipt of such
decisions, awards or orders.

SECTION 37. Execution of Decisions, Orders or Awards. — The

Commission or any Regional Adjudicator may, motu proprio or on motion
of any interested party and under such rules as may be duly promulgated,
issue a writ of execution on an order, award or judgment within five (5)
years from the date it becomes final and executory ….

SECTION 38. Criminal Prosecution

SECTION 39. Appointment of Officers and Employees

RULE V: NATIONAL HUMAN SETTLEMENTS BOARD

SECTION 40. Composition of the National Human Settlements Board

The Board shall be composed of the Secretary of the Department as the

Chairperson, and the following as members:

(a) The Director-General of NEDA or the duly designated Deputy

Director-General;
(b) The Secretary of Finance or the duly designated Undersecretary;
(c) The Secretary of Budget and Management or the duly designated
Undersecretary;
(d) The Secretary of Department of Public Works and Highways or
the duly designated Undersecretary;
(e) The Secretary of the Interior and Local Government or the duly
designated Undersecretary; and
(f) The Head of each attached agency, namely, HDMF, NHA,
NHMFC, SHFC and HSAC.

RULE VI: TRANSITORY PROVISIONS

SECTION 41. Implementing Authority. — The HUDCC Chairperson shall
undertake the implementation of the provisions of the Act and implement
the necessary organizational changes within the transition period or until a
Department Secretary has been appointed and has assumed office.

SECTION 42. Effectivity of Existing Policies, and Rules and

Regulations

SECTION 43. Transfer of Functions, Assets and Obligations. - shall be

completed within six (6) months from the effectivity of the Act.

SECTION 44. Absorption or Separation from Service of Employees of

the Consolidated Agencies. — The existing employees of HUDCC and
HLURB shall enjoy security of tenure and shall be absorbed by the
Department or the Commission, in accordance with their staffing patterns
and the selection process as prescribed under RA 6656, otherwise known
as the “Government Reorganization Law”

SECTION 45. Transition Period. — The transition period shall commence

upon the effectivity of this Rules and shall end on 31 December 2019.
Thereafter, the Act shall be in full force and effect.

SECTION 46. Amendment of the Implementing Rules and Regulations

SECTION 47. Appropriations

RULE VII: MISCELLANEOUS PROVISIONS

SECTION 48. Mandatory Review of the Implementation of the Act.

…. review of the implementation of the Act at the end of the third (3rd)
year from the date of its effectivity and submit a report to Congress.

SECTION 49. Separability Clause

SECTION 50. Repealed Laws and Issuances

SECTION 51. Effectivity. — This Rules shall take effect fifteen (15) days
after its publication in the Official Gazette or two (2) newspapers of general
circulation.

Approved, this 19th day of July 2019.