Professional Documents
Culture Documents
By
RENZ MARK V. GARCIA
2013-10173
Submitted to:
12 September 2016
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2.
When was the UDHA approved and when did it take effect?..................5
3.
Are there any amendments to the UDHA since its enactment in 1992?. 5
4.
5.
6.
7.
8.
9.
Consultation; Defined...........................................................................7
10.
11.
Improvements; Defined.........................................................................8
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
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25.
26.
27.
28.
29.
30.
31.
32.
33.
What is the process for the inventory of lands covered by the UDHA?. 13
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
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51.
52.
53.
What are the Incentives for the National Housing Authority (NHA)?....19
54.
55.
56.
What are the Basic Services required to be provided along with the
Socialized housing or resettlement areas?...........................................20
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
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73.
74.
75.
76.
77.
78.
79.
80.
What are the Sources of Funding for the Program under the UDHA?. .29
81.
82.
83.
84.
85.
86.
87.
88.
What are the main implications of the enactment of RA No. 10884?. . .31
89.
90.
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2. When was the UDHA approved and when did it take effect?
It was approved on March 24, 1992 under the Presidency of the late
Corazon Cory C. Aquino and took effect upon its publication as
required under Section 49 of the law.
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(2)
To provide for the rational use and development of urban land in order to
bring about the following:
Equitable utilization of residential lands in urban and urbanizable areas
with particular attention to the needs and requirements of the
underprivileged and homeless citizens and not merely on the basis of
market forces;
Optimization of the use and productivity of land and urban resources;
Development of urban areas conducive to commercial and industrial
activities which can generate more economic opportunities for the people;
Reduction in urban dysfunctions, particularly those that adversely affect
public health, safety and ecology; and
(a)
(b)
(c)
(d)
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(e)
(3)
(4)
(5)
(6)
9. Consultation; Defined
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10.
11.
Improvements; Defined
12.
13.
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14.
15.
16.
17.
18.
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19.
20.
21.
22.
"Small property owners" refers to those whose only real property consists
of residential lands not exceeding three hundred square meters (300
sq.m.) in highly urbanized cities and eight hundred square meters (800
sq.m.) in other urban areas;
23.
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24.
25.
26.
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27.
28.
29.
30.
What is the coverage of the Urban Development and Housing
Program as mandated by the UDHA?
The Program shall cover all lands in urban and urbanizable areas,
including existing areas for priority development sites, and in other areas
that may be identified by the local government units as suitable for
socialized housing. (Section 4)
31.
The following lands shall be exempt from the coverage of the UDHA:
(1)
(2)
Those actually used for national defense and security of the State;
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(3)
(4)
Those used or set aside for parks, reserves for flora and fauna, forests
and watersheds, and other areas necessary to maintain ecological
balance or environmental protection, as determined and certified to by
the proper government agency; and
(5)
32.
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33.
What is the process for the inventory of lands covered by the
UDHA?
Within one (1) year from the effectivity of the UDHA, all city and
municipal governments shall conduct an inventory of all kinds and
improvements thereon within their respective localities.
The inventory shall include the following:
(1)
Residential lands;
(2)
Government-owned lands, whether owned by the NG or any of its
subdivisions, instrumentalities, or agencies, including GOCCs and
their subsidiaries;
(3)
Unregistered or abandoned and idle lands; and
(4)
Other lands.
In conducting the inventory, the local government units concerned, in
coordination with the HLURB and with the assistance of the appropriate
government agencies, shall indicate the type of land use and the degree
of land utilization, and other data or information necessary to carry out
the purposes of the law.
For planning purposes, the HUDCC shall be furnished by each local
government unit a copy of its inventory which shall be updated every
three (3) years. (Section 7)
34.
After the inventory the local government units, in coordination with the
NHA, the HLURB, the National Mapping Resource Information Authority
(NAMRIA), and the Land Management Bureau (LMB), shall identify lands
for socialized housing and resettlement areas for the immediate and
future needs of the underprivileged and homeless in the urban areas,
taking into consideration and degree of availability of basic services and
facilities, their accessibility and proximity of jobs sites and other
URBAN AND HOUSING DEVELOPMENT ACT OF 1992
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economic opportunities,
beneficiaries.
and
the
actual
number
of
registered
35.
36.
(1)
(2)
(3)
The modes of acquiring lands for purposes of the UDHA shall include,
among others, the following:
Community mortgage,
Land swapping,
Land assembly or consolidation,
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(4)
(5)
(6)
(7)
(8)
Land banking,
Donation to the Government,
Joint-Venture Agreement (JVA),
Negotiated purchase, and
Expropriation.
Provided, however, that expropriation (number 8) shall be resorted to
only when other models of acquisition have been exhausted.
Provided, further, that where expropriation is resorted to, parcels of land
owned by small property owners shall be exempted for purposes of the
UDHA.
Provided, finally, that abandoned property, as herein defined, shall be
reverted and escheated to the State in a proceeding analogous to the
procedure laid down in Rule 91 of the Rules of Court.
For the purpose of socialized housing, government-owned and foreclosed
properties shall be acquired by the local government units, or by the
NHA primary through negotiated purchase; provided, that qualified
beneficiaries who are actual occupants of the land shall be given the
right of first refusal. (Section 10)
37.
All idle lands in urban and urbanizable areas, as defined and identified
in the UDHA, shall be expropriated and shall form part of the public
domain. These lands shall be disposed of or utilized by the Government
for such purposes that conform to their land use plans.
Expropriation proceedings shall be instituted if, after the lapse of one (1)
year following receipt of notice of acquisition, the owner fails to introduce
improvements as defined in Section 3(f) of the law, except in the case of
force majeure and other fortuitous events. (Section 11)
38.
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39.
The NHA, with respect to lands belonging to the NG, and the LGUs with
respect to other lands within their respective localities, shall coordinate
with each other to formulate and make available various alternative
schemes for the disposition of lands to the beneficiaries of the Program.
(Section 12)
40.
41.
Yes, consistent with this Section 12 of the UDHA, a scheme for public
rental housing may be adopted. (Section 12)
42.
43.
How are sites values if these are already occupied by
Benefiaries?
For site already occupied by qualified Program beneficiaries, the DOF
shall factor into the valuation the blighted status of the lands as certified
by the local government unit or the NHA. (Section 13)
URBAN AND HOUSING DEVELOPMENT ACT OF 1992
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44.
What are the Limitations on the Disposition of Lands for
Socialized Housing?
No land for socialized housing, including improvements or rights thereon,
shall be sold, alienated, conveyed, encumbered or leased by any
beneficiaries as determined by the government agency concerned.
(Section 14)
45.
46.
In the event the beneficiary dies before full ownership of the land is
vested on him, transfer to his heirs shall take place only upon their
assumption of his outstanding obligations. In case of failure by the heirs
to assume such obligations, the land shall revert to the Government for
disposition in accordance with the UDHA. (Section 14)
47.
by
the
implementing
agency
concerned.
(Article
V:
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48.
What is the Eligibility Criteria for Socialized Housing Program
Beneficiaries?
To qualify for the socialized housing program, a beneficiary:
(1)
(2)
(3)
(4)
49.
Which Agency is tasked with
registration of qualified Beneficiaries?
designing
system
of
The HUDCC, in coordination with the LGUs, shall designed a system for
the registration of qualified Program beneficiaries in accordance with the
Framework. (Section 17)
50.
How is the Registration of Socializing Housing Beneficiaries
done?
The LGUs, within one (1) year from the effectivity of the UDHA, shall
identify and register all beneficiaries within their respective localities.
(Section 17)
51.
What is the Balanced Housing Development Requirement
under the UDHA?
As provided under Section 18, as amended by RA No. 10884, the
Program shall include a system to be specified in the Framework plan
whereby owners and/or developers of proposed subdivision and
condominium projects shall be required to develop an area for socialized
housing equivalent to at least fifteen percent (15%) of the total
subdivision area or total subdivision project cost and at least five percent
(5%) of condominium area or project cost, at the option of the developer ,
URBAN AND HOUSING DEVELOPMENT ACT OF 1992
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52.
What is the penalty for non-compliance with the Balanced
Housing Development Requirement?
Any person violating any provision of Section 18 shall be imposed a fine
of not less than five hundred thousand pesos (P500,000.00), for the first
offense; suspension of license to do business for a period of three (3) to
six (6) month s and a fine of not less than five hundred thousand pesos
(P500,000.00), for the second offense; and cancellation of license to do
business for the third offense. (Section 18)
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53.
What are the Incentives for the National Housing Authority
(NHA)?
The NHA, being the primary government agency in charge of providing
housing for the underprivileged and homeless, shall be exempted from
the payment of all fees and charges of any kinds, whether local or
national, such as income and real taxes.
All documents or contracts executed by and in favor of the NHA shall also
be exempt from the payment of documentary stamp tax and registration
fees, including fees required for the issuance of transfer certificates of
titles. (Section19)
54.
What are the Incentives to the Private Sector Participating in
Socialized Housing?
The following incentives shall be extended to the private sector:
(1) Reduction and simplification of qualification and accreditation
requirements for participating private developers;
(2) Creation of one-stop offices in the different regions of the country
for the processing, approval and issuance of clearances, permits
and licenses:
(3) Provided, That clearances, permits and licenses shall be issued
within ninety (90) days from the date of submission of all
requirements by the participating private developers;
(4) Simplification of financing procedures; and
(5) Exemption from the payment of the following:
(a) Project-related income taxes;
(b) Capital gains tax on raw lands used for the project;
(c) Value-added tax (VAT) for the project contractor concerned;
(d) Transfer tax for both raw completed projects; and
(e) Donor's tax for land s certified by LGUs to have been
donated for socialized housing purposes.
Provided, That a socialized housing certification issued by the HLURB
shall be sufficient for the purpose of availment of tax exemption:
URBAN AND HOUSING DEVELOPMENT ACT OF 1992
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Provided, further, That upon application for exemption, a lien on the title
of the land shall be annotated by the Register of Deeds (ROD): Provided,
furthermore, That the socialized housing development plan has already
been approved by the appropriate government agencies concerned:
Provided, finally, That all the savings realized by virtue of this provision
shall accrue in favor of the beneficiaries subject to the implementing
guidelines to be issued by the HUDCC. (Section 20)
55.
What is the rationale of providing Incentives for the Private
Sector Participating in Socialized Housing?
To encourage greater private sector participation in socialized housing
and further reduce the cost of housing units for the benefit of the
underprivileged and homeless. (Section 20)
56.
What are the Basic Services required to be provided along
with the Socialized housing or resettlement areas?
Socialized housing or resettlement areas shall be provided by LGUs or
the NHA in cooperation with the private developers and concerned
agencies with the following basic services and facilities:
(1) Potable water;
(2) Power and electricity and an adequate power distribution system;
(3) Sewerage facilities and an efficient and adequate solid waste
disposal system; and
(4) Access to primary roads and transportation facilities.
The provisions of other basic services and facilities such as health,
education, communications, security, recreation, relief and welfare shall
be planned and shall be given priority for implementation by the LGU
and concerned agencies in cooperation with the private sector and the
beneficiaries themselves.
The local government unit, in coordination with the concerned national
agencies, shall ensure that these basic services are provided at the most
cost-efficient rates, and shall set as mechanism to coordinate
operationally the thrusts, objectives and activities of other government
URBAN AND HOUSING DEVELOPMENT ACT OF 1992
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57.
58.
How will
development?
the
Program
assist
Beneficiaries
in
livelihood
59.
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60.
Will the Private Sector be consulted on Socialized Housing
Projects?
Yes. Opportunities for adequate consultation shall be accorded to the
private sector involved in socialized housing project pursuant to the
UDHA. (Section 24)
61.
In addition to the benefits provided under existing laws and other related
issuance to occupants of areas for priority development, zonal
improvement program sites and slum improvement and resettlement
program sites, such occupants shall be entitled to priority in all
government projects initiated pursuant to the UDHA.
They shall also be entitled to the following support services (Section 25):
(1)
(2)
(3)
(4)
(5)
62.
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development is not feasible and after compliance with the procedures laid
down in Section 28 of the UDHA.
63.
How is an Action Against
Squatting Syndicates done?
Professional
Squatters
and
or members of
of six (6) years
thousand pesos
thousand pesos
64.
(2)
(3)
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(b)
(c)
(d)
(e)
(f)
(g)
65.
Which Government Agencies would promulgate rules and
regulations for Eviction and Demolition?
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This Department of the Interior and Local Government (DILG) and the
HUDCC shall jointly promulgate the necessary rules and regulations to
carry out Eviction and Demolition. (Section 28)
66.
Within two (2) years from the effectivity of the UDHA, the LGUs, in
coordination with the NHA, shall implement the relocation and
resettlement of persons living in danger areas such as esteros, railroad
tracks, garbage dumps, riverbanks, shorelines, waterways, and in other
public places as sidewalks, roads, parks, and playgrounds. LGUs, in
coordination with the NHA, shall provide relocation or resettlement sites
with basic services and facilities and access to employment and
livelihood opportunities sufficient to meet the basic needs of the affected
families (Section 29)
67.
68.
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69.
70.
71.
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72.
How does the UDHA Promote Indigenous Housing Materials
and Technologies?
LGUs, in cooperation with the NHA, Technology and Livelihood Resource
Center, and other concerned agencies, shall promote the production and
use of indigenous, alternative, and low-cost construction materials and
technologies for socialized housing.
Section 34)
73.
74.
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75.
How are
Government?
Population
Movements
monitored
by
the
76.
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77.
What is the Role of Local Government Units (LGUs) in the
UDHA?
LGUs shall be charged with the implementation of the UDHA in their
respective localities, in coordination with the HUDCC, the national
housing agencies, the PCUP, the private sector and other NGOs.
They shall prepare a comprehensive land use plan (CLUP) for their
respective localities in accordance with the provisions of the UDHA.
(Article X: Program Implementation, Section 39)
78.
What are the roles of Government Housing Agencies in
implementing the UDHA?
In addition to their respective existing powers and functions, and those
provided for in the UDHA, the hereunder mentioned housing agencies
shall perform the following:
(1) The HUDCC shall, through the key housing agencies, provide local
government units with necessary support such as:
(a) Formulation of standards and guidelines as well as providing
technical support in the preparation of town and land use
plans;
(b) In coordination with the NEDA and PSA, provide data and
information for forward-planning by the local government
units in their areas, particularly on projections as to the
population and development trends in their localities and the
corresponding investment programs needed to provide
appropriate types and levels of infrastructure, utilities,
services and land use patterns; and
(c) Assistance in obtaining funds and other resources needed in
the urban development and housing programs in their areas
of responsibility.
(2) The NHA, upon request of local government units, shall provide
technical and other forms of assistance in the implementation of
their respective urban development and housing programs with the
URBAN AND HOUSING DEVELOPMENT ACT OF 1992
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79.
The HUDCC and the LGUs shall submit a detailed annual report with
respect to the implementation of the UDHA to the President and the
Congress of the Republic of the Philippines. (Section 41)
80.
What are the Sources of Funding for the Program under the
UDHA?
Funds for the urban development and housing program shall come from
the following sources (Article XI: Funding, Section 42):
(1) A minimum of fifty percent (50%) from the annual net income of
the Philippine Reclamation Authority (PRA), to be used by the NHA
to carry out its programs of land acquisition for resettlement
purposes under the UDHA;
(2) Proceeds from the disposition of ill-gotten wealth, not otherwise
previously set aside for any other purpose, shall be applied to the
implementation of the UDHA shall be administered by the NHMFC;
(3) Loans, grants, bequests and donations, whether from local or
foreign sources;
(4) Flotation of bonds, subject to the guidelines to be set by the
Monetary Board;
(5) Proceeds from the social housing tax and, subject to the
concurrence of the local government units concerned, idle lands
tax as provided in Section 236 of the Local Government Code of
1991 and other existing laws;
URBAN AND HOUSING DEVELOPMENT ACT OF 1992
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81.
Under the UDHA, all LGUs are authorized to impose an additional onehalf percent (0.5%) tax on the assessed value of all lands in urban areas
in excess of Fifty thousand pesos (P50,000). (Section 43)
82.
83.
84.
Any person who violates any provision of the UDHA shall be imposed the
penalty of not more than six (6) years of imprisonment or a fine of not
less than Five thousand pesos (P5,000) but not more than One hundred
thousand pesos (P100,000), or both, at the discretion of the court.
(Article XIII: Common Provisions, Section 45)
85.
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86.
Does the Penalty under Section 45 Apply to Violations of
Section 18 or the Balanced Housing Development Requirement?
No, because RA No. 10884 has specifically provided a separate penalty
for Section 18 of the UDHA, which states that:
Any person violating any provision of this section shall be
imposed a fine of not less than five hundred thousand pesos
(P500,000.00), for the first offense; suspension of license to do
business for a period of three (3) to six (6) month s and a fine
of not less than five hundred thousand pesos (P500,000.00),
for the second offense; and cancellation of license to do
business for the third offense. (Section 18)
Under the new penal provision, the penalty of imprisonment has been
removed and only a fine and a suspension of the license to do business
will be applied.
87.
Yes, the amount necessary to carry out the purposes of the UDHA shall
be included in the annual budget of implementing agencies (IAs) in the
General Appropriations Act (GAA) of the year following its enactment into
law and every year thereafter. (Section 46)
88.
What are the main implications of the enactment of RA No.
10884?
The new law now recognizes the development of mid-rise to high-rise
condominiums in complying with the Balanced Housing Development
requirement under the law. However, it also lowers the Socialized
Housing Requirement (SHR) to fifteen percent (15%) instead of twenty
URBAN AND HOUSING DEVELOPMENT ACT OF 1992
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89.
The lower rate would mean that fewer Socialized Housing projects will be
created. This does not bode well as there remains a gap in the provision
of housing units for the underprivileged.
90.
What is the effect of removing the requirement that the
Socialized Housing project be constructed within or near the city
of existing projects?
Property developers are now free to construct Socialized Housing projects
wherever they prefer. As such, there is a risk that Beneficiaries under the
Program may be displaced from their original livelihood or employment.
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