Amending R.A. No. 7279 (Urban Development and Housing Act)

Schatt /Offee of the enterp TWENTIETH CONGRESS OF THE ) 26 MAR 18 A10:08 First Regular Session SENATE RECEIVED BY: S. B. No. 1992 (In substitution of Senate Bill No. 934) Prepared and submitted by the Committee on Urban Planning, Housing and Resettlement with Senators Ejercito Estrada and Escudero as authors AN ACT ENHANCING THE CAPACITY OF GOVERNMENT TO IMPLEMENT SOCIALIZED HOUSING PROJECTS BY IMPROVING AND RATIONALIZING LAND ACQUISITION AND UTILIZATION, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 7279, OTHERWISE KNOWN AS THE "URBAN DEVELOPMENT AND HOUSING ACT OF 1992" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 7 of Republic Act No. 7279 is hereby amended to read as

follows: "Sec. 7. Inventory of Lands. - Within one (1) year from the effectivity of this Act, all city and municipal governments shall conduct an inventory of all lands and improvements thereon within their respective localities. The inventory shall include the following: "X XX. "In conducting the inventory, the local government units concerned, in coordination with the [Housing and Land Use Regulatory Board] DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN DEVELOPMENT and with the assistance of the appropriate government agencies, shall indicate the type of land use and the degree of land

utilization, and other RELEVANT data or information necessary to carry out the purposes of this Act. "For planning purposes, the [Housing and Urban Development Coordinating Council] DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN DEVELOPMENT shall be furnished by each local government unit a copy of its inventory which shall be updated every three (3) years."

Sec. 2. Section 8 of Republic Act No. 7279 is hereby amended to read as

9 follows: "Sec. 8. Identification of Sites for Socialized Housing. - After the inventory, the local government units, in coordination with the National Housing Authority, the [Housing and Land Use Regulatory Beard] DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN DEVELOPMENT, the National Mapping Resource Information Authority, and the Land Management Bureau, 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 THE SUITABILITY OF THE SITE FOR RESIDENTIAL DEVELOPMENT, ITS EXPOSURE TO NATURAL HAZARDS AND DISASTER RISKS, the degree of availability of basic services and facilities, their accessibility and proximity [of] TO job sites and other economic opportunities, and the actual number of registered beneficiaries. THE SITES IDENTIFIED FOR SOCIALIZED HOUSING SHALL BE INCLUDED IN THE COMPREHENSIVE LAND USE PLAN FORMULATED BY THE LOCAL GOVERNMENT UNIT CONCERNED. "XXX."

Sec. 3. Section 9 of Republic Act No. 7279 is hereby amended to read as

follows:

Sec. 9. [Priorities in thel Acquisition of Land FOR SOCIALIZED

HOUSING. - [Lands for socialized housing shall be acquired in the follewing order] LOCAL GOVERNMENT UNITS OR NATIONAL GOVERNMENT AGENCIES IMPLEMENTING SOCIALIZED HOUSING PROJECTS SHALL ACQUIRE LAND FOR SOCIALIZED HOUSING FROM ANY OF THE FOLLOWING SOURCES: "xxx; "f. Privately-owned lands[-]: PROVIDED, THAT THE FOREGOING ENUMERATION SHALL NOT BE CONSTRUED TO ESTABLISH AN ORDER OF PRIORITY IN THE IDENTIFICATION OR ACQUISITION OF LANDS FOR SOCIALIZED HOUSING. [Where on site development is found more practicable and advantageous to the beneficiaries, the priorities mentioned in this section shall not apply. The local government units shall give budgetary priority to on site development of government lands.]"

Sec. 4. Section 10 of Republic Act No. 7279 is hereby amended to read as

follows: "Sec. 10. Modes of Land Acquisition. - The modes of acquiring lands for purposes of this Act shall include, among others, community mortgage, land swapping, land assembly or consolidation, land banking, donation to the government, joint-venture agreement, negotiated purchase, and expropriation: Provided, [however, That expropriation shall be resorted to only when other modes 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 this Act: Provided, [finally] FURTHER, 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: PROVIDED, FINALLY, THAT THE ACQUISITION OF

LAND SHALL BE UNDERTAKEN IN ACCORDANCE WITH SECTIONS 8 AND 9 OF THIS ACT. "XXX."

Sec. 5. Section 11 of Republic Act No. 7279 is hereby amended to read as

follows:

Sec. 11. Expropriation of Idle Lands. - All idle lands in urban and

urbanizable areas, as defined and identified in accordance with this Act, 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 with 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) hereof, except in the case of force majeureand other fortuitous events[-]: PROVIDED, HOWEVER, [Exempted from this provision, however, are] That residential lands owned by small property owners, [or these the ownership of which is subject of a pending litigation] AS DEFINED UNDER SECTION 3(Q) OF THIS ACT, SHALL BE EXEMPTED FROM THIS PROVISION."

Section 6. Section 12 of Republic Act No. 7279, as amended, is hereby further

amended to read as follows: "Sec. 12. Disposition of Lands for Socialized Housing. - The National Housing Authority, with respect to lands belonging to the National Government, and the local government units with respect to the 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. These schemes shall not be limited to those involving transfer of ownership in fee simple but shall include lease, with option to purchase, usufruct or such other variations as the local government units or National Housing

•. Authority may deem most expedient in carrying out the purposes of this Act. "xXX. "Disposition of lands, including any improvements thereon, owned by the National Government or any of its agencies or instrumentalities and/or the local government units through direct negotiated sale to the occupants thereof without need of public bidding shall be allowed subject to the following conditions: "xxx; "b) The lands are certified to be for socialized housing purpose by the [Heusing and Urban Development Coordinating Council] DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN DEVELOPMENT; "XXX."

Section 7. Section 13 of Republic Act No. 7279 is hereby amended to read as

follows: "Sec. 13. Valuation of Lands for Socialized Housing. - Equitable land valuation guidelines for socialized housing shall be set by the Department of Finance on the basis of the PREVAILING SCHEDULE OF market values IN THE LOCALITY WHERE THE PROPERTY IS SITUATED, [reflected in the zonal valuation,] or in [its] THE absence THEREOF, [en] the latest [real property tax declaration] ZONAL VALUATION IN ACCORDANCE WITH REPUBLIC ACT NO. 12001, OTHERWISE KNOWN AS THE "REAL PROPERTY VALUATION AND ASSESSMENT REFORM ACT." "XXX."

Sec. 8. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect.

Sec. 9. Repealing Clause. - All laws, acts, presidential decrees, executive

orders, issuances, presidential proclamations, rules and regulations or parts thereof, which are contrary to and inconsistent with any provision of this Act, are hereby repealed, amended or modified accordingly.

Sec. 10. Effectivity. - This Act shall take effect after fifteen (15) days following

its publication in the Official Gazette or in a newspaper of general circulation. Approved,