SUBDIVISION AND CONDOMINIUM LAWS AND EXECUTIVE ISSUANCES

LAWS AND EXECUTIVE ISSUANCES

REPUBLIC ACTS
Implementing Rules and Regulations of R.A. No. 7279 (Summary Eviction): 
            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:
Balanced Housing Development Requirement
            To further increase the low-cost housing stock available to underprivileged families and homebuyers, Section 18 of Republic Act No. 7279 (Balanced Housing Development) was amended to include the residential condominium projects in complying with the balanced housing requirement.
            Section 18 of RA 7279, as amended by Republic Act No. 10884, requires that owners and/or developers of proposed subdivision and condominium projects develop an area for socialized housing, at the option of the developer, equivalent to:                                             
  • At least fifteen percent (15%) of the total subdivision area or subdivision project cost
  • At least five percent (5%) of condominium area or project cost.
The balanced housing requirement should be accomplished within the same city or municipality, whenever feasible, and in accordance with the standards set by the Housing and Land Use Regulatory Board (HLURB) and other existing laws.
Read more: Briefer on RA 10884
            Section 17 (Registration of Socialized Housing Beneficiaries) mandates the local government units to identify and register all beneficiaries within their respective localities.
            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.
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.
            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.
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."
EXECUTIVE ORDERS
  • Executive Order No. 272:  Authorizing the Creation of the Social Housing Finance Corporation and Directing the transfer of the Community Mortgage Program, Abot-Kaya Pabahay Fund Program, and other social Housing Powers and Functions of the National Home Mortgage Finance Corporation to the Social Housing Finance Corporation  (2004)
  • Executive Order No. 105:  Approving and Directing the Implementation of the Program for "Provision of Group Home/Foster  home for Neglected, Abandoned, Abused, Detached and Poor Older Persons and Persons with Disabilities" (2002)
  • Executive Order No. 20:  Reaffirming Mass Housing as a Centerpiece Program in the Poverty Alleviation efforts of the Government and further strengthening the Housing and Urban Development Coordinating Council  (2001)
  • Executive Order No. 258:  Prescribing Time Standards in the Issuance of Permits for Housing Projects (2000)
  • Executive Order No. 45:  Prescribing Time Periods for Issuance of Housing Related Certifications, Clearances and Permits, and Imposing Sanctions for Failure to Observe the Same (2001)
  • Executive Order No. 159:  Declaring Mass Housing as Centerpiece Program of the Estrada Administration and Constituting the Presidential commision for Mass Housing (1999)
  • Executive Order No. 170:  Establishing the Revolving Funds for Housing Projects of Local Government Units (1999)
  • Executive Order No. 71:  Devolving the Powers of the Housing and Land use Regulatory Board to approve Subdivision plans to Cities and Municipalities pursuant to R.A. no. 7160, otherwise known as the Local Government Code of 1991  (1993)
  • Executive Order No. 72:  Providing for the Preparation and Implementation of Comprehensive Land Use Plans of LOcal Government Units Pursuant to the Local Government Code of 1991 and other Pertinent Laws (1993)
  • Executive Order No. 129:  Establishing an Institutional mechanism to Curtailment of the Activities of the Professional Squatting Syndicates and Professional Squatters and Intensifying the drive against them (1993)
  • Executive Order No. 357:  Strengthening the Existing Coordinating Mechanism of the National Shelter Program of the Government Under Executive Order No. 90, Dated December 17, 1986 (1989)
  • Executive Order No. 90: Identifying the Government Agencies Essential for the National shelter program and defineing their mandates, creating the Housing and Urban Development Coordinating Council, Rationalizing funding sources and lending mechanisms for home mortgages and for other purposes (1986)
​ADMINISTRATIVE ORDER
  • Administrative Order No. 44 - Streamlining the process of issuances of Permits, Certifications, Clearances and Licenses for Housing and Resettlement Projects in Yolanda-Affected areas, Directing all Government Agencies concerned to observe the same and Imposing Sanctions for Non-Compliance.
MEMORANDUM CIRCULAR
PROCLAMATION
PRESIDENTIAL DECREE
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 
OTHERS
____________________________________________________________________________________________
.
real estate central philippines
Copyright ©2008-2020