Anda di halaman 1dari 13

LAWS AND EXECUTIVE ISSUANCES

HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL

HTTP://WWW.HUDCC.GOV.PH/CONTENT/LAWS-AND-EXECUTIVE-ISSUANCES

REPUBLIC ACTS

Republic Act No. 9653:


Republic Act No. 9507:
Condonation Act (2008)
o IRR RA 9507
Republic Act No. 9397:
Republic Act No. 9341:
Republic Act No. 8501:
Republic Act No. 8368:
Republic Act No. 8437:
Republic Act No. 7835:
Republic Act No. 7279:

Rent Control Act (2009)


Socialized and Low-Cost Housing Loan Restructuring and

Disposition of Lands for Socialized Housing (2006)


The Rent Control Act (2005)
Penalty Condonation (1998)
Repeal of Presidential Decree No. 772 (1997)
Rent Control Law (1997)
CISFA (1994)
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)

Section 18 (Balanced Housing Development) requires that developers of proposed


subdivision projects develop an area for socialized housing equivalent to at least twenty percent
(20%) of the total subdivision area or total subdivision project cost, at the option of the
developer, within the same city or municipality, whenever feasible, and in accordance with the
standards set by the Housing and Land Use Regulatory Board and other existing laws.

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, AbotKaya 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)
o IRR EO 45
Executive Order No. 159: Declaring Mass Housing as Centerpiece Program of the
Estrada Administration and Constituting the Presidential commission 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 defining 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)
o 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

OTHER LAWS

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)

BP 220 STANDARDS
Standards for Housing Design and Construction, NHA
http://essc.org.ph/content/wp-content/uploads/2014/04/Day2Session3A_REGALA_NHA_Standards-forHousing-Design-Construction.pdf

A. Site Criteria (Sec. 5, BP 220)


1. Availability of Basic Needs (Water, Movement and Circulation, Storm Drainage, Solid and
Liquid Waste Disposal, Parks/Playground, Power)
2. Conformity with Zoning Ordinances/ City or Municipality Land Use Plan
3. Physical Suitability
4. Accessibility

B. Planning Considerations (Sec. 5, BP 220)


1. Area Planning

2. Site Preservation/ Alteration


a. Slope
b. Preservation of Site Assets
c. Ground Cover
3. Easements
4. Circulation

C. Design Parameters (Sec. 5, BP 220)


1. Land Allocation
2. Lot Requirement
3. Length of Block
4. Shelter Component
5. Setback/ Yard
6. Water Supply
7. Electrical Power Supply
8.Sewage Disposal System
9. Drainage Disposal System
10. Garbage Disposal System
11. Firefighting

SITE SELECTION CRITERIA

LOCATION With consideration of both the regional and local context Housing
projects shall be within suitable sites for housing and outside potential hazard prone
and protection areas

ACCESSIBILITY FROM MAJOR TRANSPORTATION FACILITIES Site shall have an


existing legal road right of way from a major thoroughfare

ZONING AND LAND USE CLASSIFICATION Classification shall be Residential as


defined under approved CLUP

TOPOGRAPHY AND SOIL CHARACTERISTICS

Must be relatively flat (or filling requirement for rolling terrain shall not exceed
max cost)
Slopes should not exceed 15% max gradient. For high density, slope should be
below 5%.
Soil characteristics must conform to the suitability standards for construction
by DENR through its Bureau of Mines and Geo-Sciences.

WATER SUPPLY FACILITIES Source of potable water should be established whether


from local water company, from the ground, or other alternative source

POWER SUPPLY FACILITIES Presence of power utility company that will serve the
needs of new community

DRAINAGE Natural waterways and outfalls shall be established on ground

SITE PLANNING PRINCIPLES

Compliance to all existing laws, rules and regulations on housing (local or national)

Adoption of the green infrastructure and preservation of existing natural assets of the
land (e.g., trees, ground cover, vegetation, natural waterways)

Promotion of walkable communities

Promotion of appropriate community facilities and infrastructure


To serve the socio-economic needs and cultural activities of the beneficiaries
as well as encourage the implementation of environmental management programs in
the housing sites.
NHA shall provide the minimum requirements for community facilities.

LAND USE ALLOCATION PER SITE


66% Saleable
Residential housing development
34% Non-Saleable
Circulation/ Road Network
Parks and Playgrounds
Community Facilities

MAXIMUM ALLOWABLE DENSITY PER HECTARE


Horizontal Development

1-Storey Row House (Loftable)


1-Storey Row House (with loft)
2-Storey Row House

: 160 units/ha.
: 160 units/ha.
: 160 units/ha.

Vertical Development (Low Rise Buildings)

2-Storey
3-Storey
4-Storey
5-Storey

LRB
LRB
LRB
LRB

:
:
:
:

225
245
325
405

units/ha.
units/ha.
units/ha.
units/ha.

HOUSING UNIT DESIGN GUIDELINES


MINIMUM FLOOR AREA (Higher than BP 220 minimum)
22.0 square meters loftable
22.0 square meters with 11 sq. m loft
24.0 square meters (for LRBs)

Models for lots along major roads may be modified to include provision of a space for
home-based economic activity, but should not exceed cost parameters
If new technology or material substitute: must have passed AITECH (Accreditation of
Innovative Technologies for Housing)

STANDARDS FOR COMMUNITY FACILITIES

Provision of community facilities shall be determined based on the needs of target


beneficiaries
Based on existence of public infrastructure within the 5-km radius of the site
For horizontal development:
1 covered basketball court/ multi-purpose center
1, day care center w/ 2 classrooms
1 MRF
1 tricycle terminal

PD 957 STANDARDS
http://www.slideshare.net/miccakikoy97/pd-957-slides?qid=0a1b7eb3-2e77-4752-806955180d3219be&v=&b=&from_search=1

SUBDIVISIONS
Saleable vs. Non-saleable

70% saleable
30% non-saleable

Parks and Playgrounds

Required for projects 1 ha. Or more


3.5% minimum (20 lots/ha.)
9.0% minimum (65 lots/ha.)
BUT not less than 100 sq. m

Community facilities

Multi-purpose center required for projects 1 hectare or bigger


These areas are non-saleable

RROW widths

Major road
: 10 min
Minor road
: 8 min
Applies to both medium cost and open market

Planting strips and sidewalks


RROW

Carriageway

Sidewalk

Planting strip

10

8m

1.2 m

0.8 m

7m

0.6 m

0.4 m

MINIMUM FLOOR AREAS

Medium cost = 30 sq. m.


Economic = 42 sq. m.

CONDOMINIUMS
Minimum sizes of rooms
Follow NBC
Min. area

Min. dimensions

Room for human habitation

6 sqm

2m

Kitchen

3 sqm

1.5 m

Toilet and bath

1.2 sqm

0.9 m

Parks and playgrounds

Required if:
- 10 condo units or more
- Project is 1,000 sqm. Or larger
May be waived if a public park is within 800m
50 sqm. for 10 condo units
+3 sqm. for every additional unit

Parking
Follow NBC
-

Units with a floor area of 18 sqm 22 sqm : one slot for every 8 units

Off-site parking

OK if located 200m way or less from commercial condo


OK if located 100m way or less from residential condo

Roads

Min RROW: 8 m
- 6 m for carriageway
- 2 m for sidewalk/planting strip
For hierarchy of roads, follow requirements for subdivisions

Floor areas for condominiums

Single occupancy
- 18 sq. m
- 12 sq. m for students
Family occupancy
- 22 sq. m for medium cost
- 36 sq. m for medium cost