eo

Republic of the Philippines
House of Representatives
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

COMMUTTEE REPORT NO._ 2216

Submited by the Committees on Government Reorganization, Housing and Urban
Development, and Appropriations on

Re: House Bill No.

. Recommending its approval in substitution of House Bill Nos. 384, 1157, 1231, 2216 and

5281;

Sponsors: Reps. Jalosjos, Valencia and Abaya

Mc. Speaker:

The Committees on Government Reorganization, Housing and Urban Development,
and Appropriations, to which were referred House Bill No, 384, introduced by Representarives
Gloria Macapagal-Arroyo and Diosdado Macapagal Arroyo, entitled:

“AN ACT
CREATING THE DEPARTMENT OF HOUSING, PLANNING, AND URBAN
DEVELOPMENT, DEFINING {7S POWERS AND FUNCTIONS, RATIONALIZING THE
GOVERNMENT HOUSING SYSTEM, AND FOR OTHER PURPOSES”

House Bill No, 1157, introduced by Representative Rodolofo G. Biazon, entitled:

NACE

DEFINING THE VISION AND POLICIES OF GOVERNMENT IN THE HOUSING AND.
URBAN DEVELOPMENT SECTOR, CREATING THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, DEFINING ITS MANDATE, POWERS AND
FUNCTIONS, AND FOR OTHER PURPOSE!

House Bill No. 1231, introduced by Representative Winston T. Castelo, entitled: 7
“OMNIBUS HOUSING 4ND URBAN DEVELOPMENT”
House Bill No. 2216, introduced by Represeatative Rodolfo G. Valencig, entitled:

“AN ACT


CREATING THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
PROVIDING ITS MECHANISMS AND APPROPRIATING FUNDS THEREFOR”

House Bilt No. 5281, introduced by Representative Carmeto F. Lazatin, entitled:

“AN ACT. .
CREATING THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
DEFINING ITS POWERS AND FUNCTIONS AND STREAMLINING THE
GOVERNMENT HOUSING PROGRAM” a

6231

se considered the sane and recommend that the attached House Bill No. entitied
“AN ACT CREATING THE DEPARTMENT OF HOUSING, PLANNING AND URBAN
VELOPMENT, DEFINING ITS MANDATES, POWERS AND FUNCTIONS,
PROVIDING FUNOS THEREFOR AND FOR OTHER PURPOSES” be approved in
svbstiturion of House Bill Nos. 384, 1157, 1231, 2216 AND $281 with Representatives Gloria
Macapagal-Arroyo, Diosdady Macapagal Arayo, Rodolfe G. Biazon, Winston T. Castelo,
Rodolfe G. Valencia. Carmelo F, Lazatin, Cesar G. Jalosjos, Amado S, Bagatsing, Ma.
Amelita Celimbas-Villerosa, Catalino Leonen-Pizarro, Isidro Lico, Julieta R. Cortuna,
Aruclo B. Palmones, Sigftido R. ‘Tifiga, David Kho, Rufus B. Rodriguez, Ponciano D.
Payuyo, Lani Mercado-Revilla, Jorge Almonte. Karlo Alexi Nograles, Ma. Victoria Sy-

Alvarado, Agapito Guantao, Raymond Mendoza, Bernadette Herrera-Dy and Jane Castro as
authors thereof.

Respectfolly sabmined;

i f
VALENCIA ‘CHSAR G, S
‘Chak

Comminee op Housing end Urban Developrient Committee on Government Reorganization

THit HONORABLE SPEAKER:
HOUSE OF REPRESFNTATIVES
Quezon City


Republic of tne Phitippine
HOUSE OF REPRESENTATIVES
Quezon City, Metra Manila

3 Congress
Second Regular Session
“
House Bill No.
(Hovse Bit] Nos. 384.1557. 1

Tmrsdoced by Representatives Olorla Macapagal-Arraye, Dioscado Macapagal Arron<.
Rodolte G, Biazon. Winston T. Castelo, Rodel G. Valencia. Carmelo F. (azatin. Cesar G-
Jalosjos. Amado S. Bagatsing. Me. Amelita Calimbas-Villarosa. Catalina Leonen-Pizarre.
inidee Lico, Julieta X. Cortuna, Angelo B. Palmones, Sigirido R. Tiga, David Kho. Rufus B
Rodaguer, Ponciano D. Payuyo. Lani Mercado-Revilla, Jorge Almonte, Karle Alex!
Nograles, Ma. Viotoria Sy-Alarede. Ayapite Guanlao, Raymond Mendoza Bernadette
Herrera-Dy and Jane Tan-Casteo

AN ACT CREATING THE DEPARTMENT OF HOUSING, PLANNING AND
URBAN DEVELOPMENT, DEFINING ITS MANDATES, POWERS AND
FUNCTIONS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

CHAPTER!
LITLE, VISION AND POLICIES,

SECTION. 1. Title, - This Act shall be Anowen os the “Department of Housing, Plann

and Urban Development Act of 2052"

SEC 2. Dectaration of Policies, - Tee Sate shail. ay law and for the common good.
undertake, in cooperation with the private see:or. a cominuing program of housing and urtan
devetopment whick will make available at atiordable cost. decent housing and basic services

io under-privileged and homeless citizens ia urban certers and resettlement areas. Ir shail also

note adequate employment opportunities to suck ciizens. In the implementation of sesh

Fe
program, the State shall respect the rights of small propersy owners.

‘The state shall pursue the realization of a modern. humane. economically-viable and

sization process is manifest in towns ord

environmemaliy-sustainable society where the urb:

cities being centers of productive economic activity and is lec by market forces; where arbor
areas have affordable housing. sustainable physical and sociat infrastructure and services
facilitated under a democratic und decenirilized sysiem of governance: and where arbor

.d the eradication cf povery

proved quality of lif

areas provide the opportunities for an i
sed nos their dwelling demolished

2il net be ev

Poor dwellers in urban or rural areas

except in eccordance with law.


CHAPTER
DEFINITION OF TERMS

2, the following terms shal] mean:

SEC. 3. Definition of Terms. ~ As used in th
a; Attachment refers io she lateral relationsh'p be:weer. a department and the attached
gency or comporation for purposes of poliey and program coordination and as futher
detined in the Administrative Code,
bi Housing refers 10 the system and its components which establishes the residential

2. utilities, access to social services and other community

cuatity of life, inctuding kou:

facilities. security, and other aspects related to an individual's residence.
©) Informal Settler Families (ISFs) refer te households iiving in

|} lot without consent of the property owner:

21 dangerous areas:

J) areas for government infrastructure projects:

4). protected:forest areas (except for indigenous people}:

$) areas for Priority Development (APDs1, if applicable: and
tended for habitation,

6) otber government’public lands or facilities nox

4) Urban Development refers to the process of occupation and use of land or space for

tivities ay residential, indusirial. commercial and the like or their combinations.

such

necessary t¢ carry aut the functions of urban living. I entails the building or rebuildinz of
Ircre or fess permanent structures over land that ‘s often withdrawn or converted from its

criginal use, resulting in the creation of @ built ens ironment,

CHAPTER III
DEPARTMENT OF HOUSING, PLANNING AND URBAN DEVELOPMENT

SEC. 4. Creation and Mandates of the Department of Housing, Planning and Urban
Housing, Planning and Urban

Development, - There is hereby creared the Deparment of th:
Development. nereinafier referred to es the Deparment, through the consolidation of the
Housing and Urban Development Coordinating Council (HUDCC) and the Housing and

Land Use Regulatory Board (HLURB). The Denarment shall act as the primary national
and urban development. It

responsible for the management of housi

government enti
shall be the sole end main planning and policy-making. zegulatory, program coordination.

and verformance monitoring entity for ail hous'ng and urban developmen: concems.

primarils focusing on the access te and affordabifin of the basic uman needs.


SEC. 5. Powers and Functions. - ‘The Department shall perform lae fellowing

jert and housing puticy and stratexy chat

a+ Formulate the national and urkan cevele

ensures consistency with the PEiippine Deveinpmest Plan fo promote sccial and

N ane consultation with the stakenolders, iocal

welfure. in coordin:

geonom

sernment units (1.GUs) and other yowsra nent agencies;

se iniviative and assume a iead role in coordinating, supervising. and incegreting

by Bxere’

atl government activities relative to housing and urban development:

jes 10 promote the estadlishment of 2 self-sustaining.

nance pe

s+ Formulate housing

private sector-led housing finance syste:

ds Develop and maintain a housing datadzse thal shalt include a shelter and urban

development management information 3331

Manage and oversee the fast-tracked development of proclaimed housing sites, including

che use of these land asscty as resource mobilizaticn strategy 10 raise alternative funds tn

developing new town housing projects. which wil serve as central relocation sites for the

affected informal sealers:

Develop effective and efficient “inancing programs for housing beneficiaries and

developers:
¢ Department's participation in sustainable development. climate change

gy Ensure

adaptation, and disaster risk redzeti
hr Enier into com:racts. joint venture agreements. publ.cprivace partnerships. and such other
s either domestiz oF foreign. under suc terms

memoranda of agreements or understandir:

and conditions as the Depurtmenc may deem proper and reasonable and subjcet to 2xisting
Jans.
ii Discharge all responsibilities of zovernmen: that may arise from ireaties, agreemeris and

ment to whick it is a siematery.

other commitments on housing and urbea devels
ation uf fens of assistance for housing and urban develop nent

including the dete
be extended through bilateral or multilaterat icans ar dor assistance program:

ji Receive. take and hold by hequest, device. ¢i8t. purchase or lease. either absolutels or ir

loust for any of as purpases from foreign and domestic sourees. any
are provided under cxisting ‘aws

et, gTATL OF

tations us

. real or personal, subject «9 seh |

prope!

and regulations:
wordinare. monily- and evaluate the policies and

ky Exercise oversight function, 2

nies

Programs of all its attached


”

4

prehensive statics ard research necessary thr housing and

Conduct continuing and cory

arhan development:

ang

mm) Provide assistance to build the capability @7 1.GUs in urbar develop:

hic the rele of provinces. cities and municipalities as

emt 1)

ents

primary entities for urban deveispment, zenewal planning and manage

local government compliance with nessing and urban develope x lews.

their judicious and fair application of Iecal housing

sicndards and guidelines. as well w

an j urban development ordinances

s; Suppont cal government partnerships with communities. civil society organizations,

and private groups in the implementation of usban

governmental erganization:

developmen: and renewal projects’

mance monitoring and assessment mechanism and

Cevelop and estwblish a sector perf
moniter and independently: report on the gerfornan

asd LGUs in che housing and crban develepment sector (© enable ccutinving

of nationa! government azencies

mubetion:

im provements in sector poticy’ and strategy fer
q: Lead in the disposition of tands intended for housing an¢ owned by the Government oF
ary of i sudsivisions, insinumentalties, agencies or government-owned or -contrelied

ccrporarions (GOCCs} suck as Sut not limited to military reservat-ons, lands reservec tor

gc vernment effices. facilities and other inscallatiors, and other lard assets including

fave not been used for the purpeses for which they Rave been reserved o: set

tants w

aside tor the past ten (10) yeurs from the effectivity of Republic Act, No. 7279. cthenwise

jmiown as the Uthan Development anc Housing Act of 199.
facture an area as Ltban Development Renewal site including the development and
concerned LEUS under a Peblic-Private

inplememation of sub-projects jointly
Pycinership (PPP) arrangement:

Agvecat2 and assist the LGUs in the establishment of Specia: Housing Fund (S11) « be
ab of

squcced from the proceeds of Real Property Tax (RPT) pegged at one per centurr

used for housing ard urban

tre assessed veive af real property which will be exclusively

evelopment and renewal projects of the LGUs:
lamation activilies as orchestrator and

Procl

(Take the lead in the conduct of Pre- and Pos
decitiuator of the entire disposition process. including the stewardship of the Local Inte
Agency Comminees (L1ACs) which are orimariy rasked to oversee the implementation

of housing proclamation projects:



ject and averse a single regulatory’ sy stem that shai! govern all activities relative to the

planning, production, marketing. and mazsgement of housing and urban development
projects:

4! Take over unfinished. incomplete or ahandened licensed real estate development projecs
under Presidential Decree No. 9S7;

ws) Encourage the private sector to address and se-ve a large part of the country’s housing

needs:

x) Promote, accredit and regulate the use of indigenous mazerials and technologies in

hoz!

g construction:
including the pewer of eminent domain. in housing and

3) Implement prototype proiects

urban development undertaking:
©) Determine. fix and collect reasonable zmeunts 10 be charged as fees and charges
necessary for the effective implememation of al! laws. rules and regulations enforced bs
she Department and impose reasonable Fines and penaltics for violation thereof:
aa) Register, regulate and provide community development programs for Homeowners
Associations (HOAs) and Condominiem Units Owners Association/Corporarion
(CLOACS):

bb) Fomnvlate and ensure the implementation of housing policies and programs far urban

poor communities and informal sertler <amilies <ISFs) that will promote the social and
economic welfare of homeless ‘amities. particularly the poor and underprivileged:

co} Initiate and encourage deeper and active involvement and participation of a broader
spectrem of citizency through housing cooperatives and civil society organizations
which shall be used as an avenue througt whick housing needs are assessed anc

ernment bnits. serve as the implements

nized and, together with the loca’ g

agencies for housing and urber developmem programs; and,

did) Perform such other related functions as mzy be mandated by law.

SEC. 6. Composition. - The Department shail be composed of the Oifice of the Secretary.

its immediate swif, the Offices of the Underseeretaries and Assistant Secretaries with respect

to their specific areas of responsibilities. and their resaective staff, and the Offices cirectiy

supporing the Office of the Secretary
SEC. 7. The Secretary. ‘Vine Secretary shall:

fal Advise the President on the promulgation of mutes regulations and other isssarces

relative to matters under she jurisdiction of the Depertment.



bi Establish policies and standards for the efficient and effective operations of the
2 eparmemt in accordance with che programs of the government;

ci Promutgate rules. regulations and other issuarces necessary in carrying out the
Department's mandate, objectives, policies. plans. programs and projects;

ercise control and supervision over all personnel and functions of the Department:

Jegate authority for the performance of ary administrative ar substantive function to

subordinate officials of the Department;
f} Cail on other agencies and insteumemtalities of the government and private entities for
cooperation and assistance in the performance of its functions: and

Perform such other functions as may be provided by Jaw or assigned by the President.

The Secrewry shall also serve us 9 voting member of the National Economic and
Development Authority (NEDA) Board and the governing Boards of the Social Securiry
Sysiem (SSS). the Government Service Insurance System (GSIS), the Climate Change
Commission (CCC), the Nationat Disaster Risk Reduction Management Council
(NDRMMO), and the Philippine Reclamation Authority (PRA). The Secretary shail be a
member of NEDA’s Committee on Infrastructure INFRACOM). Investment Coordinating
Cornmittee (ICC) and Social Devclopmeat Committee (SDC). The Secretary shall also be a
member of the body authorized to formulate. prescribe, cr amend guidelines under R.A. Nv.
6957 as amended, otherwise known as the Build-Operate-Transfer (BOT) Law
9 account the requirements of the Department

SEC. 8. The Undersecretaries, - Taking
and subject to the approval of the President, the Secretary shalt be assisted by:
a) One (11 Undersecretary for the Bureau of Policies. Coordination, Monitoring, Evaluation

and Programs:

by One (1) Undersecretary for the Burcay of Environmental, Land Use and Urban Planning

and Development;
cd One (1) Undersecretary for the Bureau of Reguiation of Housing amd Real Estas
Development: and
4) One (1) Undersecretary for the Bureaus of Homeowners, Homeowners Associations and
Community Development.
They: shall have the powers and functions as pron ided for in Section 30, Chapter 7. Book
IV of the Administrative Code of 1987, The Secretary is further authorized to delineate and

assign the other functional areas of responsibility of the Underseerctaries.

a


SEC. 9. Qualifications and Appointment, - The Secretary and Undersecretar es hl be

ens and residents of the Philinpires. of gu.dt mova! cheructer, ana of proven Com PEIENSE

lent. Che Underseeretaries sa

ey shall alt be appeinisd py che Pres

SEC. 10, Depurtmentat Bureaus and Regional Offices. - he Deparimest shail estas

has Sut nat limited (0

orerate. and maintain Bureaus ynds

Equeronmental, Land Use une ig ard Development;

eal Fsaie Develop re:

» Housing an

© Community Development:

dy Praas, Policies, Programs and Mocitering Croup: and

Lecai and Support and Services
There shall be Re
(Osfice shel! be Feaded by a Regional Director.

the HUDCC and ihe HLURB, the Re: ‘imal

na, Offices int al! of the coun:ry’s administracive regions.

functions ¢

In addition (0 the exis:

ated My the

+ wach other funet ons as mey be Ue &:

perf
SEC. 1. Staffing Pattern, The deveiopment of the saffing patiere shalt Be hased an

-¢ Department us recommended by the

cet and Management (DBM). The

assessment of the personnel requirements oF The ¢

Seoreter) and as approved by the Department of Bua
stern shat strictly contonn te the

ren ner

fan sinuclure of the pesitions

ed

Salary Standacdization Law. as amen

CHAPIER IV
HUMAN SETTLEMENTS ADSUDICA FORY COMMISSION
SEC. 12, Reconstitution of the HLORB as the Human Seittements Adjadicatory
Commission (HSAC), The HIURB is hereby ree>r stituted and shall Rencefoeth be Know =

¢ Human Settkenenis Adjudicatory (> sign hereinafter referred to as the HSAC.

as

ion within the Deparment,

shich shall operate as an independent Come
SEC. 13, Transfer of Adjudicatery Function of the HLURB to the HSAC. - hs
ion of the HULRB is herehy sransferred to the HSAC.

SEC. 14, Composition and Qualification of Members. - The HSAC shall be corizoses

mimissioners: Previded, Thet the wry

d nine (4) full-time

of the Secretary

ncumber! Commissiorers shall be respecies: Prewnded, firsfier, That the ssosequer

appeiniees of the President shall be mtemboers of the Philippine Bar of which. three (>


planning. susta.nable

overs shal! have experience i+ urban developmen:

Comriss
dave cpment climaie change adapiation, ard disaster risk reduction; three (3) shal! be
shal! come from the

aad three

noirénees of the urben poor and homeowners

wh Division thar shall be cumposed of three (3+

1

privare sector: Provided, finally, 7

mewhers shall have one (1) member rep-esenting che rban poor communities oF the

hor: cowners and homecuners asseciations.

Ihe Cammissioners must have been enzaged in the prastice of law for 2 pericd cf at

leas: five (54 years.

Commiscioners shall hold officy for six (61 years or until they hecome incapacitaied

to discharge the duties of their office, whichever comes earlier
Xo person who has been convicted of a crime involving moral turpitude shal! be

appointed at any time as a Meinber of the HSAC

SEC.

18, Collegiatity, Divisions, and Sessions. - The SAC shat] exercise its

id duties through its Divisions. The Divisions

aiucicatory and all other powers, functions.

isdicticn over cases decided by its Arbiters

of me HSAC shall have exclusive appellate j

The HSAC siting en banc may. on temporary or emergency

is, allow cases within

the j srisdietion of any Division te be heard und deciced ty any other Division whose docket

allows the additional workload and such trarsfer will not expose ‘itigants 10 unnecessary

addienal expense.
iy for

The HSAC sining em banc, presided over by the Secretary. shall sit ev bane o1
‘es 9° promulgating rules and regulations governing the hearing and disposition
fn its Regional Offices. and i

parpe
of ctses hefere any of its Divisions and i's Arbit

formslning palicies effecting its administration and operations.
concurrence of two 12) Commissioners of a

SEC. 16, Decisions and Resolutions. - Thi
Division shall be necessary fur the pronouncement of 2 judgment or resoiution, Whenever

hip in a Division is nor complete and the concurrence of 2e 42r

the recuired memt
Commissioners te arrive at a judgment or resolution zanzot be sbiained. the most seaior
Commissioner shali designate into the Division such tember of additional Comisstoners
from the other Divisions as may be necessery.

The conclusions of a Division on any case submitted te it far decision shall he reached in
of the decision. shail

consultation before the case is assigned to a Member for
ivision 19 meet for purposes of the cansultation ordained

be mandatory for the

herein A certification Co this effect signed by the Presiding Commissioner of the Disision



tne record of the case and served upon the

+ be issued and a copy thersl

potes
SEC. 17. Precedence und Supervision, - ine most senior Commissioner shall be the

Presiding Commissioner of the first Division and the 1wo {2} next senior Members shalt be

the Presiding Coninissioners of the second and third Divisions. respectively,

zc any Commissioner who shall have

The HSAC sitting en Bane may de
administrarive supervision over the HSAC and its Regional branches and all their
personne! including the Arbiters.

HSAC shall be assisted oy the Board Secretariat which shall perform suck
Secretary of the HLURB.

ssioner shall receive an annual salary at feast

f the Bown!

mnilae or equivaien: fu

SEC. 18. Compensation. - A C

ent ian Underses

ers of the present HLURB shail remain in office

The incumbent full ime Commi:

es they opt to avuil of the retirement and separation benefits as provided for in Ses.

3+ of this Act or are sooner remaved for cause,
SEC. 19. Jurisdiction. - tn addition w the existing jurisdiction of HLURB. the

ie hear and decide cases involving the following:

3! Fuciusive original jurisdiction on the foliowing cases involving real estate properties.
subdivisions, andl condominianas

ing on subdivision lots and condominium units:

21. Leietiow and relocation of squatter cosamus,itics in subdivisions and condominiums:

+ Disr ng agreements with any financing institution for

utes. involving buyer finan:

condominium o¢ subdivision projects:
31. Easements of right of way in sui sions:

ns:

£4 Disputes involving condom
Disputes between landowners anc developers, and between banks’financing

sium compar

institations and developers whenever the interest of buyers is involved: and,

7s Disputes invulving the enforcement of CLUPS,

joa over violations of administrative ruies

Housing Rights. Exclusive originat juise:
g Sections 7 8. IR and 2 of RA. No.7279.

and regulations implement

The § may assume furisdiction over any complaint or vase and decide the same or

re

authorized by both Houses of Congress

ase for decision to the HSAC, 6

h a resolution, if the conoversy involves massive aud oF unsound business practices



a

ocio-econumic or environmental considerations that may have serious potential

of er tes

of the sector or thi ral welfare.

impact on the in
SEU. 20. Powers and Authorities of the HSAC. - tn aadition to the adjudicatory

en to HLURB, the 1ISAC shail exercise the following:

: writs, and orders prohibiting demolitions, seizures or closures of

‘operty including temporary writs or orders restraining demolitions, seizures, and
closures of property:
br Tuk

accordance with its dec

sue writs and orders to exzcute demolitions or seizures or closures of property in

in or judgment;

ies for violation of R.A. No. 7279, as

ch To impose administrative fines andor pe
amended. and other Jaws implemented by the HSAC, including pertinent rules and
ders, decisions, andior rulings: Provided, That the HSAC may adjust

c every three (33 years: and,

sich fines nor more than ont
-d. necessary, oF incidental to carry out

di To exercise such other powers as are im|
the express powers granted fo the HSAC or to achieve the objectives and purposes of

this Act. and other laws implemented by ihe HSAC.

SEC. 21. Criminal Prosecution. The criminal prosecution for violation of housing

laws and regulations shall be instituted before criminal Couns having appropriate

jurisdiction.
SEC. 22. The Arbiters - Qualif
Arbiters shail be acemed qualified. Additional Arbiters should be a member of the Philippine

fications and Appointment. The existing HLURB

Rar fr at least three (3) years, with at least Wo (2) years of experience or exposure in the

fietd of read estate and land use development cases.

The President, upon the recommendation of the Secretary, shall appomt Arbiters, as may
don of the HSAC en bane.

. upor the recommen

¢ HSAC en banc shall have the power to assign the Arbiters to the Regional Offices.
eriff. [he HSAC shall eppcint a Sheriff or such number of Sheriffs in

SEC. 23. The
its Central and Regional branches. The person to be appointed to the position of Sheriff
Service eligible and has finished at Icast two (2) years of

anouii! be a second grade C
the Sheriff shall be responsible for the service and execution of ail wnt.

sume oases. aad orders und ather processes af the HSAC

of arders of the Arbiters shall be final and

SEC. 24. Appeals. - Decisions, awar

calendar days from recei

excoutory unless appealed to the HSAC within fifteen (

in


The appeal may be entertained only on any of she

* sucis decisions. awards. or orders.

ow ong grounds’

retion on the part of the Arb

av H there is prima facie evidence of abuse of 3

the cuestioned decis’on. aware, or order.

nderins
di

gra and corruption:

or award was secured through fraud o° coercion. includ!

ision. orae:

> af aw: are

on

appeal is made purely

2 caised. which errors would cause

serious errars in the findings of facts ar
raz or irreparable damage or iajury to the cppelant.
Des:sioms oof the HSAC can be appealed ts the Court of Appeals by way of a Petition
wiew within ffeen (15) ca.cndar days from rotice ef judgment, awerd. or order

of Court,

into be appenied. pursuant to Rule 43 of the Rule:
5. Prohibition against Restraining Order of Injunction. - No lower

Court

SEC.

jan 1c issuz ams restreining order o¢ writ 0° preliminary

2! the Peuippines shail
injunction or permanent injunction wgainsi the HSAC or its Arbiters in any case. dispute. or

we juris

roversy arising from, necessary to. cf in connection with the application.

etian of this Act and other pertinent laws on

impigmentatien. enforcement. or inert.

ror dei

Jation procedures

and on jast aed humane evict

SEC. 26. Pending Cases - A.! caves peacing in regular Cousss arising from or in

n with the Implerentation af pertinzat Jaws on housing ar! on just and kumane

tes and demoiition procedtres. sheli continue t 9¢ Acard, tried, anc devided 1 their

oy such Couns.

CHAPTER V
ATTACHED AGENCIES
SEC. 27. Anached Ayencies and Corporations, - The following agencies and
sormerations are hereby attached to the Department for policy and program coordination.

onitering and evaluation

ai National Housing Authority (NHAE

2) Home Guaranty Corporation (GC).

al Home Mortgage Finaace Ca-poration Ni

dy Home Development Muwal Fund (HDMF»:

1 Social Housing Finance Corporation ISHFC:. and.



fi Aemian Settlements Adiudicatory Commission (HS.AC

to existing laws and their

A! these agencies shall continue to

Fe attached agencies sha'l enter int a

respective Cherters, However. each of the heads

f Suck contracts shail embody the rational

ance contract annually with tie Seer

2 housing and ushan development and shall ‘clude the over-a‘l administratice of the

erviee.

agenc. and the streamlining of personnel for cffective and efficier

ioe or privatization of any attached

6

7 Tre reorganization, merges. streanslining. bo

8  GOCCs shal: be in consultation with the Depar-nent anc the GOCC concemed.
9 fFe appointment of the Board of Dicestors er Trustees of the attached GOCCs shall ve in
10 accorzance with R.A. No, 10149. atherwise known as the GO 2 Governance Act of 2011
n SEC, 28. Nature of Attachment, - The Secretary shall be elected as Chairnes

12 goverriag Boards of the NHA, HDMF. NHMFC. SHFC. and HGC.

on of the

it CHAPTER VI

1s OLHER PROVISIONS

16 SEC, 29. Social Housing One-Stop Processing Centers (SHOPCs) - The
17 Department shall establish SHOPCs in the regions, which shall ceatralize the
ie ing ard issuance of all required heusing-reiated permits, clearances, and
f9 ficensas in accordance with Executive Order No. 48, series of 2001 entitled
2G ~Preser'bing time periods for issuance of *cusing related certifications. clesrances

re to observe the sume"; Provided. That

24 and permits. and imposing sanctions fur fai

sociatized, low costieconomic

2 far the foregeing purpose, the respective ceitings f

33 and iiddie-income housing shall be jointly determined by the Department and the

24 NEDA: Provided fursher, Chat at any time. but mot more thar ance every (wo (2

ised o conform 10 prevailing economic

nay be reviewed or

years, such ceiling

‘of said permits, clearances and

concitiens, Al) zgencics involved in the issuanc

27 licenses shall be represented in the SHOPC and shall assign to SHOFC regionai
28 fers personnel who shall be sufficiently astherized 10 process and issue the same.
2 SEC. 30. Jdentification and Designation of Lends for Housing and Urban and

30 Rural Development. — Kor the purpose of cesignating lands for housing and urban
31 and rural development, the Department, the DENR. the DAR and the DA saalt, within

32 one Suadred eighty (180) days from the effectivity of chis Act. ointly

lands which under R.A. No. S687, otherwise known a3 the



Comprehensive Agrarian Reform Law, and other existing laws, rules and regulations
2 are already exempted from conversion requirements: Provided. That the list shal!
3 exclude lands that are declared as non-neyetiable or protected from conversion under

ss and issuances and those lands covered under R.A. No. 6637: Provided

4 existi

S further, That the designation of lands fer housing and urban and rural development

6 purposes shall neither prejudice the rights of qualified beneficiaries under R.A. No

7 6657, nor undermine the protected egricultural arcas intended ta ensure the
8 — gtainment of food security under R.A. No, $435, otherwise Known as the Agriculture
9 and Fisheries Modernizaion Act of 1997 :AFMAt and other existing laws: Provided.
19 further, That in the case of lands exempted from conversion though these have been
tL approved by the DAR, if these are contested by affected individual or community
12 beneficiaries. if shall not be aliowed to proceed with any horizontal or verticai

3 development without need for any prior clearance or approval from the DAR or the
nally,

14 DA consistent with the terms of the approved order or conversion: Provided.
1S Thar all idie government lands in highly urbanized cities are hereby prioritized for

1 housing and urban development purposes.

18 CHAPTER VII
1" TRANSITORY PROVISIONS
2 SEC. 31. Absorption of Employees of the Consolidated Agencies, - The existing civit

Zt sevants of HUDCE and HLURB shall enjoy severity of tenure and shall be absorbed by the
22 Department. in accordance with their staffing patterns and the selection process as prescribed
unict R.A.No, 6656 on the Rules on govemnent reorganization, unless the civi! servant
5 te avail of Section 34 hereo"

SEC. 32. Transfer uf Assets and Obligations. - The following dispositive actions shatl be

implemented within six (6) months from the effectivity of this Act:

ai

The asse:s, equipment. funds. records. and pertinent transactions of HUDCC and HLURB
28 shall be transferred to the Department and the HSAC: and,

29 bi The Department and the HSAC shal! cause the creation of additional positions and
30 augment their budget appropriations as may be needed.

SEC. 33. Transition Period. - AMl transfer of fonctions. assets. fimds. peryonne:..

in the affected national goverment

equipment. properties. transactions, and personne

agencies, and the formulation and implementation of the intemal organic structures. stafving


patterns. operating systems, and revised budgets of the Department and the HSAC. shall be

completed within six (6) months trom the effectivity of this Act, during which cXisting

personne: shai! continue to assume their pests in holdoxer capacities until new appointmer
are issued

SEC. 34. Separation from the Service. tnployees separated andior phased out from the
service as 2 result of the consofidation and/or reorganization under the provisions of this Act
shail, within one (Lj month from their separation and/or phase out from the service, receive
separation benefits in accordance with existing laws

-¢ shall be alowed to retite and be entitled to

In addition, those who are qualified to reti

all henefits provided. under any of the existing retirement laws.
SEC. 36 Transfer of Functions. the foliowing functions are hereby transferred as

stipulated hereunder:

a) The regulatory function of the HLURB. inc!uding the formulation, promulgation. and

enforcement of rules, standards, and guidelines are hereby transferred to the

Deparment,
b) The HLURB's monitoring function, including the imposition of penalties for non-

.¢ euidelines and implement their

cornpiiance to ensure that LGUs will follow the planri
CLUPS70s, shall likewise be transferred to the Department: and
ci The registration of incorporation of homeowners associations and condominium
corporations of the HLURB are hereby transferred to the Department,
SEC. 36. Transfer of Rights und Assets. - The Department shall, by virtue of this Act, be
subrygated to all rights and assume all the liabilities of the HUDCC and all other agencies of

the government whose functions and powers have been transferred to i, and all their

pertinent funds, secords, property. assets. equipment and such personnel, as may be
necessary. including unexpended portions of their appropriations, except the assets. pertinent

finds, records. property, assets, equipment and personnel of the HLURB.
The Secretary shall

SEC. 37. Formulation of Implementing Rutes and Regulations.
prepare and issue the implementing rules and regulations (IRR) of the Department within

sixty (40) days upon the effectivity of this Act

CHAPTER Vill
IMPLEMENTING AUTHORITY AND FUNDING


SEC. 38. implementing Authority. - The Secretary is hereby authorized to undertake the
implementation of the provisions of this Act and implement the necessary organizational
changes within the specified six (6)-month transitioa period.

SEC. 39. Funding, ~The amount necessary for the initial implementation of the
wovisions of this Act shall be charged against the current year’s appropriations of the
HURCC and HLURB. Thereafter, such sums as may be necessary for the continued

implementation of this Act shall be included in the annual General Appropriations Act

CHAPTER IX
MISCELLANEOUS PROVISIONS

SEC. 40, Mandatory Review of the Implementation of this Act. -'The Departmen shalt

the implementation of this Act at the end

wenduet and submit a report to Congress a review.

af the second year from the daw of its effectivity.

SEC. 41, Repeating Clause. - All laws, executive orders, proclamations, rules,

regulations and other issuances or parts thereof which are inconsistent with the provisions of

this act are hereby repealed, amended or modified accordingly.

42, Separabitity Clause. - \f. for any reason or reasons, any portion of provision of
ths Act shal) be held unconstitutional or invalid. the remaining provisions not affected
thereby shall continue to be in full force and effecs,

SEC. 43. Effectivity. - This Act shall whe effect fifleen (15) days after its complete
publication in at least nwo (2} national newspapers of general circulation,

Approved.


House of Representatives
Committee Affairs Department

FACT SHEET

House Bill No. 384, 1157, 1231, 2216 and 5284

DEPARTMENT OF HOUSING, PLANNING AND URBAN
DEVELOPMENT ACT OF 2012

introduced by: REPS. GLORIA MACAPAGAL ARROYO, DIOSDADO MACAPAGAL
ARROYO, RODOLFO G. BIAZON, WINSTON CASTELO,
RODOLFO G. VALENCIA AND CARMELO F. LAZATIN

Committee Referrat: Committee on Government Reorganization (Primary)
. Committee Chairperson: Hon. Cesar G. Jalosjos
Committee Referral. Committee on Housing and Urban Development
(Secondary)
Committee Chairperson’ Hon. Rodolfo G. Valencia
Committee Referral: Committee on Appropriations (Secondary)
Committee Chairperson: Hon, Joseph Emilio A. Abaya

OBJECTIVES

+ To consolidate, rationalize, and coordinate the functions and powers of the
National Home Mortgage Finance Corporation (NHMFC), Home Guaranty
Corporation {HGC), Home Development Mutual Fund (HOM), National
Housing Authority (NHA). and Housing and Land Use Regulatory Board
(HLURB).

* To provide decent and affordable houses to every Filipino family at the

soonest possible time and at the least cumbersome manner.

KEY PROVISIONS.

* Provides that the Department shail be headed by a Secretary and assisted by
Undersecretaries to be appointed by the President.

«Provides that the Department shail promulgate, adopt, amend, modify anavor
repeal such rules and regusations as may be necessary to complement the
intent and purpose of this Act


Provides that the Housing and Urban Development Coordinating Councii is
abolished and its pawers, functions, funds and appropriations. records
equipment, property and personnel shall be transferred to the Department

Mandates the implementation of a rational, well-balanced, orderly and
efficient redevelopment of urban communities and the development of new
settlements in rural and non-farm areas to assure dwellers of decent and
affordable housing, job and livelihood opportunities, efficient mass transit.
public safety, health care, educational opportunities. and clean environment,

Related Laws:

RA No. 7279 - Urban Development and Hausing Act of 1992

R.A. No. 8425 — Social Reform and Poverty Alleviation Act

R.A NO. 10149 - GOCC Govemance Act of 2011

R.A No. 6657 - Comprehensive Agrarian Reform Law

R.A No. 8435 — Agriculture and Fisheries Modernization Act of 1987 (AFMA)
1987 Philippine Constitution