HUDCC (HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL) - created thru Executive Order No. 90, is the highest policy making and coordinating office on shelter. It is an umbrella organization which consists of heads of four housing agencies. History The Housing and Urban Development Coordinating Council (HUDCC) was created by then President Corazon C. Aquino by virtue of Executive Order No. 90 dated 17 December 1986. The EO, which also abolished the Ministry of Human Settlements, placed HUDCC under the direct supervision of the Office of the President to serve as the highest policy making body for housing and coordinate the activities of the key housing agencies to ensure the accomplishment of the Government Shelter Program. On 25 May 1989 and May 28, 2001 , Executive Order No. 357 and Executive Order No. 20 were issued respectively, to strengthen HUDCC into department level organization by conferring it with the power to exercise overall administrative supervision over the key housing agencies; set and ensure the attainment of targets and objectives for the housing sector; review the organization, programs and projects of the key housing agencies; decentralize its operations and enlist the assistance of the Department of Budget and Management in securing continuing funding support to the National Shelter program. In 1992, the Urban Development and Housing Act (RA 7279) mandated the HUDCC to direct the formulation of a National Urban Development and Housing Framework in coordination with the Local Government Units and other public and private sector agencies; design of a system for the registration qualified socialized housing beneficiaries and inventory of land suitable for socialized housing; and provide, through its attached housing agencies, the LGUs with support for the preparation of town and land use plans, data for forward planning and investment programming, and assistance in obtaining funds and other resources for housing and urban development. From 1986 to present, there are several executive and legislative issuances including the three laws mentioned above, that provide or authorize HUDCC with specific functions and/or require it to undertake certain tasks related to housing and urban development. These legal and legislative fiats assigned duties and responsibilities to HUDCC that are related to its original mandate as the lead agency in housing and urban development. Council Functions
The HUDCC Council has the following powers and functions: To formulate national objectives for housing and urban development and to design broad strategies for the accomplishment of these objectives; To determine the participation and coordinate the activities of the key government housing agencies in the national housing program; To monitor, review and evaluate the effective exercise by these agencies of their assigned functions; To assist in the maximum participation of the private sector in all aspects of housing and urban development; To recommend new legislation and amendments to existing laws as may be necessary for the attainment of government’s objectives in housing; To formulate the basic policies, guidelines and implementing mechanisms for the disposal or development of acquired or existing assets of the key housing agencies which are not required for the accomplishment of their basic mandates; and To exercise or perform such other powers and functions as may be deemed necessary, proper or incidental to the attainment of its purpose and objectives. Council Composition The Council is chaired by the HUDCC Chairman, with the following as members: Key Housing Agencies: National Housing Authority (NHA), National Home Mortgage Finance Corporation (NHMFC), Social Housing Finance Corporation (SHFC), Home Guaranty Corporation (HGC), and Housing and Land Use Regulatory Board (HLURB); Key Finance Agencies: Home Development Mutual Fund (HDMF or Pag-IBIG Fund), Social Security System (SSS), and Government Service Insurance System (GSIS); Support Agencies: National Economic and Development Authority (NEDA), Department of Finance (DOF), Department of Budget and Management (DBM), Department of Public Works and Highways (DPWH), Development Bank of the Philippines (DBP), Metro Manila Development Authority (MMDA), and Presidential Management Staff (PMS); and Two representatives from the Private Sector representing any of the following groups: developers, bankers, contractors, professionals, and low-income beneficiaries. At present, the private sector is represented by the following real estate developers engaged in low-
cost housing with extensive experience in real estate development: MGen. Rufo De Veyra Engr. Marcelino Mendoza The HUDC Council is supported by the Secretariat, which is headed by a Secretary– General. The Secretary-General is an ex-officio member of the Council and is responsible for the execution and administration of its approved policies and measures. NHA (NATIONAL HOUSING AUTHORITY) - is a governmentowned and controlled corporation operating under the policy and administrative supervision of the HUDCC. The NHA is the sole government agency to engage in shelter production, focusing its efforts to provide to homeless, low-income Filipino families. History The National Housing Authority (NHA) is the sole national agency mandated to engage in housing production for low income families. It traces its roots to the People's Homesite Corporation (PHC), the first government housing agency established on 14 October 1938 and to the National Housing Commission (NHC) which was created seven years later, on 17 September 1945. These two agencies, the PHC and the NHC, were eventually merged on 4 October 1947 into the People's Homesite and Housing Corporation (PHHC). In the years that followed, six(6) more housing agencies were created to respond to separate and distinct shelter requirements, namely: the Presidential Assistant on Housing and Resettlement Agency (PAHRA); the Tondo Foreshore Development Authority (TFDA); the Central Institute for the Training and Relocation of Urban Squatters (CITRUS); the Presidential Committee for Housing and Urban Resettlement (PRECHUR); the Sapang Palay Development Committee (SPDC); the Inter-Agency task Force to Undertake the Relocation of Families in Barrio Nabacaan, Villanueva, Misamis Oriental. Eventually, on 15 October 1975, the National Housing Authority was organized as a government-owned and-controlled corporation, by virtue of Presidential Decree No. 757 dated 31 July 1975. All other housing agencies were abolished by the said decree. The NHA took over and integrated the functions of the abolished agencies - the PHHC and the six (6) other housing agencies. The creation of the NHA is the second attempt of the government to integrate all housing efforts under a single agency, twenty-eight years after the merger under the PHHC. Three years later, the Ministry of Human Settlements (MHS) was created in 1978. The Ministry adopted the wholistic approach to housing. The NHA was placed as an attached agency to the MHS.
On 26 March 1986, Executive Order No. 10 was issued placing the NHA as well as the other agencies attached to the abolished MHS, under the administrative supervision of the office of the President. Subsequently, Executive Order No. 90 was issued on 17 December 1986, rationalizing the housing structure in the government along lines of specialization and concentration. EO 90 identified the key housing agencies to implement the National Shelter Program and defined their respective mandates. The NHA was mandated to be the sole government agency to engage in housing production. Under the said Executive Order, NHA was placed under the policy and program supervision of the Housing and Urban Development Coordinating Council (HUDCC), the umbrella agency for shelter charged with the main function of coordinating the activities of various government housing agencies engaged in production, finance and regulation. Executive Order No. 20 on 28 May 2001 reaffirmed mass housing as a centerpiece program in the poverty alleviation efforts of government. Said EO likewise reaffirmed HUDCC's administrative supervision over the housing agencies including the NHA. Mission We provide decent, adequate, and affordable housing to low-income families, ensure the provision of community facilities, utilities, and access to social services and economic opportunities. Vision By 2019, NHA would have provided 50% of the housing needs for homeless low-income families (based on the 2011 census) primarily those living in waterways, danger areas, and government infrastructure project sites in Metro Manila and all regions nationwide NHMFC (National Home Mortgage Finance Corporation) - mandate of increasing the availability of affordable housing loans to finance the Filipino homebuyer acquisition of housing units through the development and operation of a secondary market for home mortgages. NHMFC (NATIONAL HOME MORTGAGE FINANCE CORPORATION) History The National Home Mortgage Finance Corporation was created in 1977 by virtue of Presidential Decree 1267, with the mandate of increasing the availability of affordable housing loans to finance the Filipino homebuyer's on their acquisition of housing units through the development and operation of a secondary market for home mortgages. Consistent with this mandate
NHMFC bought mortgages originated by private financial institutions and eventually sold them back to the public through the issuance of mortgage backed financial instruments. However, the financial crisis which hit the country in 1984 up to the early part of 1986 caused the collapse of a relatively successful homefinancing program of the government. Since a sizeable portion of NHMFC funds came from the financial market, with addition to funds coming from contributions of PAG-IBIG members, the 30% to 40% interest rates of the financial market made it impossible for NHMFC (whose lending rate was pegged at 9%) to operate viably. With the assumption into office of the Aquino Administration in 1986, there was already a felt need to reorganize the government housing agencies and define their new mandates. Executive Order No. 90 on December 17, 1986, gave fresh mandates to the five housing agencies, NHMFC included. As the major government home mortgage institution, NHMFC was tasked to operate a viable home mortgage market, utilizing long-term funds principally provided by the Social Security System (SSS), the Government Services Insurance System (GSIS), and the Home Development Mutual Fund (HDMF), to purchase mortgages originated by both private and public institutions that are within government-approved guidelines. It was also charged with the development of a system that will attract private institutional funds into long-term housing mortgages. In view of the above, NHMFC clientele was expanded to include among others, borrower/members of SSS and GSIS (in addition to PAG-IBIG members), and even non-members of these institutions, as well as developers of low-cost housing projects. Other qualified originators were added: private developers, government agencies, community associations, local government units and non-government organizations, together with private financial institutions. Until 1995, NHMFC was operating under the Executive Order No.90 mandate, but ceased to do so with the signing of a Memorandum of Agreement on Housing Finance with the Department of Finance, Department of Budget and Management, and the Funders (SSS, GSIS & HDMF) which transferred the processing and payment of mortgages to HDMF in 1996. Despite the suspension of the UHLP, the Corporation continuously administered the Community Mortgage Program (CMP) that was amended under R.A. 7279 - UDHA of 1992. Further, the Abot-Kaya Pabahay Fund Program, which was created under R.A. 6486 in 1990 remained under administration of NHFMC. In December 1994, R.A 7835 (or the CISFA 1995) was enacted into law and
further amended R.A. 6846 that provided for the continuing funding support for the CMP and the Abot-Kaya Pabahay Fund Program. The economic slowdown of 1998 took its toll in the asset recovery program of NHMFC. The Corporation continuously failed to register positive financial marks. Early on the Estrada Administration, a memorandum dated May 20, 1999 from the President addressed to HUDCC, DOF, DBM and SEC was issued, constituting them into a Task Force to prepare the appropriate disposition plan for NHMFC. Then President Estrada issued Executive Order 195 dated December 31, 1999 directing all government-owned and controlled corporations under the HUDCC and the Presidential Commission on Mass Housing (PCHM) to prepare their respective Rationalizing and Streamlining Plans. The E.O also mandated to re-direct NHMFC operations to the development and provision of a secondary mortgage market to finance mortgage take-out and fast track the disposition of existing mortgages. The E. O. provided the President policy direction with respect to NHMFC. In the 1st quarter of 2002, as part of an overall rehab program, NHMFC hired Punongbayan & Araullo/Ernst & Young (P&A/E&Y) as its Financial Advisor. In the last quarter of the same year, the Corporation undertook a Restructuring Agreement with the Funders (SSS & HDMF) and started the processing for the Sale of the Non Performing Loans (NPLs) of the UHLP portfolio. After pre-qualifying potential bidders in 2003, NHMFC announced the competitive auction sale of the NPLs after pre-qualifying potential bidders. This sale is part of a strategy that will reposition the Corporation to meet the future affordable housing needs of the Filipino people. This realignment process actually started during the second quarter of 2002 with the direct involvement of Management of NHMFC, SSS, HDMF, HUDCC & the DOF. NHMFC realignment included the formal restructuring of its P46 B outstanding debt balance that includes SSS and HDMF and obtaining approval from all the required government bodies to implement its plan to dispose of the portfolio of delinquent loans. This complex approval process required a consensus among all the parties and took more than one year to achieve. In June 20, 2004, Executive Order 272 authorized the creation of the Social Housing Finance Corporation, a subsidiary of NHMFC. In June 21, 2005, SHFC was entrusted with the Community Mortgage Program (CMP) and its amortization, as well as the developmental component of the AbotKaya Pabahay Fund (AKPF) Program of NHMFC. They have also assumed the implementation of the AKPF and CMP upon the mandate to be leading government agency to undertake social housing
programs for the low-income earners. For more than 17 years, AKPF and CMP has become the most affordable-long term micro finance facility that meets land tenure and housing security requirements of the "poorest of the poor". It is recognized as the most successful housing program for the homeless and the underprivileged sector of our society. In September 2006, the outcome of the CMP and AKPF programs of SHFC and the sale of its Nonperforming Loans (NPLs) to Balikatan Housing Finance encouraged the corporation the process of rationalization of its manpower structure. The Plan for Reorganization was approved by DBM and CSC in November of 2006 and was implemented and completed in June of 2007. The new structure helped downsized its functions to collection and CMP programs instead of focusing on the establishment of a Secondary Mortgage Institution. In August 2007, Ernst & Young Transaction Advisory Services Inc. was became the Financial Advisor that assisted in the maiden securitization of the corporation and lay the building blocks for the transformation of NHMFC into an SMI. EY TASI conducted due diligence on the low delinquent accounts of NHMFC and assisted the corporation in matters of finance, accounting, regulatory and legal implications of the securitization transaction. In August 2008, NHMFC brought on board the securitization expertise of Standard Chartered bank as underwriter and Lead arranger for the maiden securitization issue, along with the Trustee and Special Purpose Trust, namely, DBP and PNB respectively. In March 23, 2009, the NHMFC launched the maiden securitization issue of the 2.06 Billion Bahay Bonds. This is the first residential mortgage backed securities (RBMS) issued in the Philippines by a government agency. The Bahay Bonds Maiden Issue took place at the height of the global economic crisis that was brought about by sub-primed mortgages. This was rated AA by the Philippine Rating Services Corporation (PhilRatings). Bahay Bonds become oversubscribed twice because of this the corporation was recognized by Asset Asian Awards 2009 and was awarded the Triple A Award category 2009 Securitization of the Year. In November 19, 2009, the Board approved the proposed Guidelines on the Housing Loan Receivable Purchase Program (HLRPP) that granted authority for the NHMFC President to approve all purchases under the HLRPP. The new guideline allowed the purchase of housing loan receivables from the originating institutions and will be turned into an asset pool for eventual issuance of securities or bonds for sale in the capital market. With this program, the NHMFC will continue to perform its mandate as a Secondary Mortgage Institution (SMI)
to operate a viable housing finance system thru the securitization of the residential home mortgages. In August 2012, NHMFC issued the second of its Bahay Bonds series (BB2). It is the first ever retail mortgage-backed securities (RMBS) issued in the country and was given a conditional rating of PRS Aa by the PhilRatings. The following year, NHMFC was awarded by the Philippine Dealing System Holdings Corporation & Subsidiaries (PDS Group) with the Innovative Listed Corporate Bond Issue of the Year for the pioneer issuance of BB2 Special Purpose Trust. In March 2013, the NHMFC was awarded ISO 9001:2008 for the Rizal Division after audit stages conducted by Tüv Süd PSB Philippines. In 2014, NHMFC has expanded ISO certification for the Borrower Counseling System of the Rizal, NCR and Luzon Division, Extra-judicial foreclosure process (Buyer-Initiated) of the Litigation Division and Release of Title process of the Securities and Mortgage Custodianship Division. In 2016, the NHMFC was awarded ISO 9001:2008 Certification for its Securitization of Housing Loan Portfolios and Borrower’s Services for all its offices nationwide. NHMFC is continuously seeking ways to continue to cater to the housing needs of the lowincome and underserved sectors of the society. In 2016, two new sub-programs were launched with the aim of expanding the target market of HLRPP. The Socialized Housing Loan Takeout of Receivables (SHeLTeR) program, rolled out in the second quarter of 2016, aims to purchase socialized housing loan receivables from socialized housing developers as well as microfinance institutions, cooperatives, LGUs, national government agencies and civic organizations. The SHeLTeR Program offers more affordable terms as it targets the socialized housing market. During the last quarter of 2016, the first ever reverse mortgage program in the Philippines was launched through NHMFC’s MAginhawang BUhay dahil sa baHAY (MABUHAY). The program is part of NHMFC’s effort to address the needs of the senior members of our community. MaBuHay allows Senior Citizens to convert a portion of their home equity into cash in order to address their various needs. Corporate Goals & Objective Provide liquidity to the housing sector through securitization of mortgages/assets. Promote stability to the housing finance system through participation in the capital market. Establish an efficient and effective organization with a professional workforce utilizing best practices. Maintain efficiency in operation and efficacy in financial management to ensure sustainability of its programs. Manage its subsidiaries efficiently and effectively.
Core Values NHMFC shall at all times be accountable to the people and shall discharge its mandate with utmost responsibility, integrity and competence. SHFC (SOCIAL HOUSING FINANCE CORPORATION) mandated: (a) to undertake social housing programs that will cater to the formal and informal sectors in the low-income bracket; and (b) to take charge of developing and administering social housing programs, particularly the Community Mortgage Program (CMP) and the Abot-Kaya Pabahay Fund(AKPF) Program. The SHFC The Social Housing Finance Corporation (SHFC) was created through Executive Order No. 272 (E.O.272), which directs the transfer of the Community Mortgage Program (CMP), Abot Kaya Pabahay Fund (AKPF) Program, and other social housing powers and functions of the National Home Mortgage Finance Corporation to the SHFC. Mandate Under E.O. 272, the SHFC shall be the lead government agency to undertake social housing programs that will cater to the formal and informal sectors in the low- income bracket and shall take charge of developing and administering social housing program schemes, particularly the CMP and the AKPF Program (amortization support program and development financing program). Our Vision By 2022, SHFC shall have provided 530,000 organized homeless and low-income families with Flexible, Affordable, Innovative, and Responsive (FAIR) shelter solutions to their housing needs. Our Mission We empower and uplift the living conditions of underprivileged communities by Building Adequate Livable Affordable and Inclusive (BALAI) Filipino Communities through provision of FAIR shelter solutions in strong partnerships with the national and local government, as well as the civil society organizations and the private sector to support the underprivileged communities. Our Core Values Servant Leadership Institutionalizing a culture of leadership that recognizes the role of government employees as public servants Professionalism Promoting the highest standards for individual and corporate performance Accountability
Setting and implementing performance standards that are clear and understandable to the public Integrity Keeping high ethical standards at the corporate and individual level Stewardship Putting premium to sustainability and the judicious and proper use of internal resources Excellence
HGC (HOME GUARANTEE CORPORATION) - is the government-owned-and-controlled-corporation (GOCC)mandated by law (Republic Act 8763) to promote sustainable home ownership by providing risk coverage or Guarantees and tax/fiscal incentives to banks and financial institutions/investors granting housing development loans / credits, and home financing. As HGC focuses on promoting home ownership to middle and lowincome families. The Home Guaranty Corporation (HGC) is a government-owned and controlled corporation (GOCC) under the administrative supervision of the Housing and Urban Development Coordinating Council (HUDCC). Since its creation in 1950 as the Home Financing Commission, HGC has institutionalized a viable system of credit guaranties that has become an integral component of the government’s shelter program. HGC takes the risk out of private investment in housing by providing risk covers and fiscal incentives to housing credits extended by developers, banks and other financing institutions. The more HGC guarantees—the more private funds flow for housing and urban development. With the enactment of Republic Act No. 8763, or the Home Guaranty Corporation Act of 2000, the authorized capital of HGC was increased from P2.5 billion to P50 billion and its corporate life extended to another 50 years. Vision Improved private sector participation in addressing the Nation's housing needs through a viable system of credit guarantees Mission To mobilize resources for housing through a system of credit guarantees and incentive HLURB (HOUSING AND LAND USE REGULATORY BOARD) - is a national government agency tasked as the planning, regulatory and quasi-judicial body for land use development and real estate and housing regulation. These roles are done via a triad of
strategies namely, policy development, planning and regulation.
strategies namely, policy development, planning and regulation.
Mandates 1. PLANNING : (EO 648; EO 72; RA 7279) Formulate guidelines for Comprehensive Land Use Plans (CLUPs) Render technical assistance to LGU’s in CLUP preparation and to members of Provincial Land Use Committee (PLUC) and Regional Land Use Committee (RLUC) in CLUP Review. Review and ratify CLUPs of highly urbanized cities (HUCs) and independent component cities (ICCs) and review CLUPs of Metro Manila Update and revise the National Urban Development and Housing Framework under the direction of HUDCC Train LGUs in subdivision plan approval and zoning enforcement 2. REGULATION: (EO 648; EO 90; EO 71; EO 72; PD 957, 1216, 1344; BP 220; RA 7899; RA 9904; RA8763 (Sec.26)); Register and license subdivision and condominium projects, farm lots, memorial parks and columbaria. Monitor development and construction of registered/licensed projects. Update and revise rules, guidelines and standards on housing and real estate. Approve Master Deed and Declaration of Restrictions of condominium project, and any amendment or revocation thereof decided upon by a simple majority of all registered owners (concurrently with City or Municipal Engineer). Issue Locational Clearances for projects considered to be of vital and National or Regional Economic or Environmental significance. Register and supervise HOAs. Register real estate brokers, dealers and salesmen engaged in selling projects under HLURB jurisdiction. 3. ADJUDICATION: (EO 648; RA 9904, 8763 (Sec. 26)) Disputes between subdivision lot or condominium unit buyer and developer. Intra- and Inter-Homeowners associations disputes. Appeals from decisions of local zoning bodies.
Vision
HLURB in Retrospect The Housing and Land Use Regulatory Board (HLURB) is a national government agency tasked as the planning, regulatory and quasi-judicial body for land use development and real estate and housing regulation. These roles are done via a triad of
An institution of professionals exemplifying public service with responsibility, integrity, competence and justice geared towards the attainment of well-planned and sustainable communities through the regulation of land use, housing development and homeowners associations, and the just resolution of disputes. Mission To promulgate and enforce policies on land use, housing and homeowners associations which promote inclusive growth and economic advancement, social justice and environmental protection for the equitable distribution and enjoyment of development benefits. Quality Policy The HLURB, as the lead agency in the provision of technical assistance to local government units in the preparation of comprehensive land use plans; regulation of housing, land development and homeowners association; and adjudications of disputes related thereto, is committed to deliver its services with competence and integrity in order to satisfy its stakeholder. PAG-IBIG FUND (PAGTUTULUNGAN SA KINABUKASAN:IKAW, BANGKO, INDUSTRIYA AT GOBYERNO) - To provide its members with adequate housing through an effective savings scheme, Pag-IBIG Fund harnesses these four sectors of Philippine society: financial institutions, the industrial sector, the government, and the Filipino people. The Fund was created to address two of the nations basic concerns: (a) the generation of savings and (b) providing shelter for Filipino workers. Vision For every Filipino worker to save with Pag-IBIG Fund and to have decent shelter. Mission To generate more savings from more Filipino workers, to administer a sustainable fund with integrity, sound financial principles, and with social responsibility, and to provide accessible funds for housing of every member. Corporate Values The governing values that will steer the PagIBIG Fund in pursuit of its Vision include Professionalism, Integrity, Excellence, and Service.
HDMF (HOME DEVELOPMENT MUTUAL FUND), popularly known as Pag-IBIG Fund (Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya at Gobyerno), was created by virtue of Presidential Decree No. 1530 on June 11, 1978.
Presidential Decree No. 957 (Subdivision and Condominium Buyer’s Protective Decree) As Amended by PD 1216 - Regulating the sale of subdivision lots and condominiums, providing penalties for violations thereof.
The Birth of Home Development Mutual Fund The birth of the Home Development Mutual Fund (HDMF), more popularly known as the Pag-IBIG Fund, was an answer to the need for a national savings program and an affordable shelter financing for the Filipino worker. The Fund was established on 11 June 1978 by virtue of Presidential Decree No. 1530 primarily to address these two basic yet equally important needs. Under the said law, there were two agencies that administered the Fund. The Social Security System handled the funds of private employees, while the Government Service Insurance System handled the savings of government workers. Less than a year after on 1 March 1979, Executive Order No. 527 was signed. The order directed transferring the administration of the Fund to the National Home Mortgage Finance Corporation, which was one of the operating agencies of the then Ministry of Human Settlements. Seeing the need to further strengthen the stability and viability of the two funds, Executive Order No. 538 was issued on 4 June 1979, merging the funds for private and government personnel into what is now known as the Pag-IBIG Fund. However, It was only on 14 December 1980 when Pag-IBIG was made independent from the NHMFC with the signing of PD 1752, which amended PD 1530. With the improved law in effect, the Fund's rule-making power was vested in its own Board of Trustees. Likewise, PD 1752 made Pag-IBIG membership mandatory for all SSS and GSIS member-employee.
Republic Act No. 4726 (The Condominium Act) ”An act to define condominium, establish requirements for its creation, and govern its incidents.
Laws and Regulations Pertaining to Housing Republic Act No. 7279 (Urban Development and Housing Act of 1992) “An act to provide for a comprehensive and continuing urban development and housing program, establish the mechanism for its implementation, and for other purposes.” Batas Pambansa Blg. 220 “An Act authorizing the ministry of human settlements to establish and promulgate different levels of standards and technical requirements for economic and socialized housing projects in urban and rural areas from those provided under presidential decrees numbered nine hundred fiftyseven, twelve hundred sixteen, ten hundred ninetysix and eleven hundred eighty-five”
Republic Act No. 6552 (Realty Installment Buyer Protection Act) “An act to provide protection to buyer of real estate of installment payments” Republic Act No. 9653 (Rent Control Act of 2009) “An act establishing reforms in the regulation of rent of certain residential units, providing the mechanisms therefore and for other purposes.” Presidential Decree No. 1517 (Urban Land Reform Act) “Proclaiming urban land reform in the Philippines and providing for the implementing machinery thereof
R.A. 10884 - Balanced Housing Program An act strengthening the Balanced Housing Development Program, amending for the Purpose Republic Act No. 7279, entitled “An Act to Provide for a Comprehensive and Continuing Urban Development and Housing Program, establish the mechanism for its implementation, and for other purposes” Objectives: To maximize the implementation of socialized housing projects by making the purpose and parameters of the balanced housing requirement provided by RA 7279. Enactment of the law would help accelerate the provision of affordable decent housing for the ISFs, the underprivileged and the homeless Filipinos Amendments of R.A.10884 to Sec.18 of P.D. 7279 Requiring owners and/or developers of proposed subdivision and condominium projects to develop an area for socialized housing. Requiring that the area for socialized housing should be equivalent to: a. At least fifteen percent (15%) of the total subdivision area or subdivision project cost b. At least five percent (5%) of condominium area or project cost Exempting owners and/or developers of proposed socialized subdivision and condominium projects from the said requirement.
Complying with the balanced housing requirement in the following manner: a. Development of socialized housing in a new settlement b. Joint-venture projects for socialized housing with the government, housing agencies, or another private developer or accredited NGO by the HLURB c. Participation in a new project under the community mortgage program. d. Indicating that no other form of compliance other than those listed may be prescribed except through the enactment of a subsequent law Mandating the HLURB to submit to Congress an Annual Compliance Report by the Owners and/or Developer Penalties FIRST OFFENSE: Imposed a fine of not less than five hundred thousand pesos (P500,000.00) SECOND OFFENSE: Suspension of license to do business for a period of three (3) to six (6) months and a fine of not less than five hundred thousand pesos (P500,000.00) THIRD OFFENSE: Cancellation of license to do business for the third offense. Moratorium on Eviction and Demolition R.A. 7279 “Urban Development Housing Act of 1992” Demolition: Refers to the dismantling by the LGU, or any legally authorized agency of government of all structures within the premises subject for clearing. Eviction: Refers to the removal of persons and their belongings from a subject building/structure or area, or both. in accordance with law. Sec. 44. 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 three (3) years from the effectivity of this Act: Provided, That the moratorium shall not apply to those persons who have constructed their structures after the effectivity of this Act and for cases enumerated in Section 28 hereof Sec. 28. Eviction and Demolition. - Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations: (a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; (b) When government infrastructure projects with available funding are about to be implemented; or (c) When there is a court order for eviction and demolition.
In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory: (1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of eviction or demolition; (2) Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated; (3) Presence of local government officials or their representatives during eviction or demolition; (4) Proper identification of all persons taking part in the demolition; (5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise; (6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials; (7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and (8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned. This Department of the Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision P.D. 772 – Anti - Squatting Law The P.D. No. 772 is ordered by President Ferdinand E. Marcos on August 20, 1975, In order to eradicate all illegal constructions including buildings on and along esteros and river banks in urban communities in the country. Section 1. Any person who, with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter
against his will for residential commercial or any other purposes, shall be punished by an imprisonment ranging from six months to one year or a fine of not less than one thousand nor more than five thousand pesos at the discretion of the court, with subsidiary imprisonment in case of insolvency. If the offender is a corporation or association, the maximum penalty of five years and the fine of five thousand pesos shall be imposed upon the president, director, manager or managing partners thereof. Section 2. This decree shall take effect immediately. REPEALMENT OF PD NO. 772 REPUBLIC ACT NO. 8368 • "Anti-Squatting Law Repeal Act of 1997." • An act repealing Presidential Decree No. 772, entitled “Penalizing Squatting and other Similar Acts” EFFECTS OF R.A 8368 ON RELATED SUBJECTS: • SEC. 3. Effect on pending cases. — All pending cases under the provisions of Presidential Decree No. 772 shall be dismissed upon the effectivity of this Act. • SEC. 4. Effect on Republic Act No. 7279. — Nothing herein shall be construed to nullify, eliminate or diminish in any way Section 27 of Republic Act No. 7279 or any of its provisions relative to sanctions against professional squatters and squatting syndicates. "Professional squatters" refers to individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded homelots or housing units by the Government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates; "Squatting syndicates" refers to groups of persons engaged in the business of squatter housing for profit or gain; Sec. 27. Action Against Professional Squatters and Squatting Syndicates. Penalties of Sec. 27 of R.A 7279 • Any person or group identified as such shall be summarily evicted and their dwellings or structures demolished, and shall be disqualified to avail of the benefits of the Program. A public official who tolerates or abets the commission of the abovementioned acts shall be dealt with in accordance with existing laws.
• For purposes of this Act, professional squatters or members of squatting syndicates shall be imposed the penalty of six (6) years imprisonment of a fine of not less than Sixty thousand pesos (P60,000.00) but not more than One hundred thousand pesos (P100,000), or both, at the discretion of the court The 1997 Rules of Civil Procedure Rule 70: Forcible Entry and Unlawful Detainer Unlawful Detainer Forcible Entry Possession is lawful from Possession is unlawful the beginning from the beginning Possession becomes unlawful from the Possession is deprived expiration of contract or from the lawful a right to hold possessor thru FISTS possession Allegation and proving prior physical possession Prior physical possession of the real property until need not be proven he was deprived thereof Section 1: Who, when and where to institute action - any person who: Deprived of possession of any land or building by FISTS Lessor, vendee or other person against whom possession of land is unlawfully withheld upon the expiration of any contract or the expiration of any right to hold possession (unlawful detainer) - must be instituted: Within 1 year from date of dispossession In cases of fraud, strategy and stealth, 1 year reckoned from the date of discovery of such - action should be filed in: Municipal Trial Court where the real property is situated. Section 2: Necessity of demand - the action may only be commenced after demand to pay & vacate the premises is made upon the lessee, or upon any person found to be in possession of the premises in dispute - service of demand: Written notice upon the person found in the premises person By posting the notice on the premises if no is found - significance of demand: Prescriptive period of 1 year may only be reckoned from the date that demand is made - multiple demands: The one-year period for filing of the complaint is reckoned from the date of the last deman