Draft Report Udhr

7/29/2019 Draft Report Udhr

1/12

Urban Development and Housing Act (RA 7279)

OUTLINE:

i.INTRODUCTIONii.STEP-BY-STEP IMPLEMENTATIONiii.EVICTION AND DEMOLITION

(Date of Effectivity: 29 March 1992)

A. INTRDUCTION

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

underprivileged 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. INTERNATIONAL LAWS ON HOUSING

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);


2/12

and c) The International Covenant on Civil and Political Rights (1966).

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).

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

-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 ofunemployment, 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


3/12

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 livingconditions. 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.

Government Obligations in the Operationalization of Housing 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.

3. INTRODUCTION TO THE LINA LAW

i. INTRODUCTION

One of the mandates of the UDHA or more popularly known as the Lina Law is toprovide for an adequate land tenure system that shall guarantee security of tenureto program beneficiaries. It covers lands in urban and urbanizable areas, areas forpriority development, zonal improvement sites, slum improvement and


4/12

resettlement sites and other areas that may be identified by the local governmentunit.

However, the following lands are exempted from UDHA (Section 5):

1. Covered by CARP

2. Actually used for national defense and security of the State3. Those used, reserved or otherwise set aside for government offices, facilitiesand other installations, whether owned by the National Government.4. Used or set aside for parks, reserves for flora and fauna, forests andwatersheds, and other areas necessary to maintain ecological balance orenvironmental protection5. Those actually and primarily used for religious, charitable or educationalpurposes,cultural and historical sites, hospitals and health centers, and cemeteries ormemorial parks

This law is a specie of eminent domain wherein public and private lands areacquired by the government for the purpose of socialized housing for theunderprivileged and homeless Filipinos coupled with payment of justcompensation to private owners whose lands would be acquired for theprogram.

4. Objectives:

a. Make available to underprivileged and homeless citizens decent housing at

affordable cost;

b. rational use and development of urban land;

c. urban growth and expansion: urban-rural interdependence;

d. equitable land tenure system: security of tenure to program beneficiaries but shall

respect the rights of small property owners and ensure the payment of just

compensation;

e. people's participation

f. LGU capability

5. Beneficiaries:


5/12

> 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

The identified beneficiaries shall be subject to the following limitations:a. Beneficiary shall not unlawfully sell, transfer, or dispose of his right to the landb. In the event beneficiary dies before full ownership, transfer of rights to heirs shalltake place only upon assumption of outstanding obligations.

B. STEP-BY-STEP IMPLEMENTATION

1. STEPS:

1. Inventory of Lands (sec 7)-the LGUs are required within one year to conduct aninventory of a. residential landsb. government-owned landsc. unregistered or abandoned and idle lands;d. other landswithin their respective localities, indicating the type of land use and degree of landutilization.2. After the inventory, the LGUs in coordination with housing authoritiesshall identify sites for socialized housing.3. The following order of priorities in land acquisition must be observed:

2. PRIORITIES IN LAND ACQUISITION (sec 9)

a. Owned by the governmentb. Alienable lands of public domainc. Unregistered or abandoned and idle landsd. Those within the declared areas for Priority Development, Zonal ImprovementProgram sites, and Slum Improvement and Resettlement Programe. Bagong Lipunan Improvement of Sites and Services (BLISS)f. Privately-owned lands


6/12

Subject to the following rules:

a. Government-owned lands which have not been used for the purpose for whichthey have been reserved or set aside for the past ten (10) years from the effectivityof UDHA and identified as suitable for socialized housing, shall immediately

transferred to the National Housing Authority (NHA) subject to the approval of thePresident of the Philippines or by the local government unit concerned (Sec 8 par.2)

b. Where on-site development is found more practicable and advantageous,priorities in Section9 shall not apply.

3. Modes of Land Acquisition

a. Community mortgageb. Land swappingc. Land assembly or consolidationd. Land bankinge. Donation to the governmentf. Joint Venture Agreement g. Negotiated purchaseh. Expropriation

Which shall be subject to the following rules:

Expropriation shall be the last resort Small property owners shall be exempted from expropriation Abandoned property shall be reverted and escheated to the State

Govt-owned and foreclosed properties shall be acquired by the LGUsor NHA by negotiated purchase Qualified beneficiaries who are actual occupants have the right of first refusal All idle lands shall be expropriated and shall form part of public domain.Expropriation proceedings shall be instituted if, after the lapse of one (1) yearfollowing receipt of notice of acquisition, the owner fails to introduce improvements,except in the case of force majeure and other fortuitous events. Exempted from thisprovision are residential lands owned by small property owners or those theownership of which is subjected to pending litigation (Section 11).

4. Disposition of LandsThere are two implementing agencies that shall undertake disposition of lands to

the beneficiaries, first is the NHA for the lands belonging to the NationalGovernment and second, is the LGUs with respect to private lands in theirrespective localities (Section 12).

Filstream International v CA(G.R. No. 12521:o properties can only be expropriated for socialized housing provided

that other modes of acquisition (Section 10) and other properties(Section 9) were first exhausted


7/12

City of Mandaluyong v Aguilar (G.R. No. 137152): small property owners,defined

NOTE: However, that in the case of Filstream International v CA(G.R. No. 125218),

the Supreme Court held that private properties can only be expropriated forsocialized housing provided that other modes of acquisition (Section 10) and otherproperties (Section 9) were first exhausted. LGUs must show compliance with thesetwo sections before it can exercise eminent domain for socialized housing purposesaffecting privately-owned lands.

Moreover, in the case of City of Mandaluyong v Aguilar (G.R. No. 137152), theSupreme Court held that small property owners, those who:

1. have residential lands not exceeding 300 sq.m in highly urbanized cities(800sq.m in other urban areas); AND2. those who do not have other real properties are exempted from landacquisition under the UDHA and cannot be expropriated even if identified as aPriority Area for Development.

5. Salient Provisions:

A. 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

B. 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


8/12

a) Acquisition of identified socialized housing sites

a) Disposition of lands for socialized housing

C. UDHA Resettlement Program

resettlement of persons living in danger areas

o (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

o 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.

within 2 years from the date of its effectivity (March 29, 1992 - March 29,

1994)

D. Balanced Housing Program

Developers of proposed subdivision projects are required to develop an area for

socialized housing: at least 20% of the total subdivision area or total subdivision cost

with the option to comply instead through any of the following:

o

development of a new settlement;o slum upgrading;

o joint-venture projects with LGUs or any housing agency; or,

o participation in the community mortgage program

3. 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


9/12

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

Section 28 further provides that in the execution or demolition orders involvingunderprivileged and homeless citizens, the following shall be mandatory:

1. Notice upon the affected persons or entities at least 30 days prior to the date ofeviction or demolition;2. Adequate consultations on the matter of resettlement3. Presence of LGU officials or their representatives4. Proper identification of all persons taking part in the demolition5. Execution only during regular office hours from Mondays-Fridays and duringgood weather, unless the affected families consent otherwise6. Non-use of heavy equipment for demolition except for structures that are

permanent and of concrete materials7. Proper uniforms for the members of the Philippine National Police (PNP) whoshall occupy the first line of law enforcement and observe proper disturbancecontrol procedures; and8. Adequate relocation whether permanent or temporary to be undertaken by theLGU or the NHAwithin 45 days from the service of notice of final judgment by the court, after whichthe said order shall be executed. Should relocation be not possible within the said


10/12

period, financial assistance in the amount equivalent to the prevailing minimumwage multiplied by 60 days shall be extended to the families by the LGU concerned.

The Supreme Court had a chance to clarify the application of Section 28 of theUDHA to ejectment suits. In Galay v CA (G.R. No. 120132), the Supreme Court saidthat the provisions of the UDHA on eviction is not applicable to ejectment suits by

private individuals against another private individual. The duty to relocate theevictees is only required of the NHA and the LGUs, not of the private owner of theland.

For eviction and demolition, a certificate of compliance with the requirements inSection 28 must be secured by the agency implementing the order of eviction. Therule for the same is governed by DILG Memorandum Circular 2008-143(Annex B)and Memorandum Circular 2009-005 (Annex C).

F. Moratorium on Eviction and Demolition

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, and 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:


11/12

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

o For Medium-rise Private Housing: housing option to low-income

families and to provide rental housing stock in high-density urban areas

Implementer: 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 implementer

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.


12/12

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 ofany land or building by any of the following acts:

> force

> intimidation

> stealth

> threat or,

> strategy

* 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

Draft Report Udhr

Documents

Transcript of Draft Report Udhr