DHUD Matrix As of Sept. 28 2016 PIEP 6 Oct 2016

COMMITTEE ON URBAN PLANNING, HOUSING & RESETTLEMENT
MATRIX ON CREATING THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
INPUTS FROM THE PHILIPPINE INSTITUTE OF ENVIRONMENTAL PLANNERS
SBN 328 SBN 37 SBN 952 SBN 232 SBN 1139 PIEP Comment/Suggestions
Introduced by Sen. Ejercito Introduced by Sen. Legarda Introduced by Sen. Angara Introduced by Sen. Drilon Introduced by Sen.
Villanueva
AN ACT AN ACT AN ACT AN ACT AN ACT DEPARTMENT OF HUMAN
CREATING THE CREATING CREATING THE CREATING THE CREATING THE SETTLEMENTS AND URBAN
DEPARTMENT OF THE DEPARTMENT OF DEPARTMENT OF DEPARTMENT OF DEPARTMENT OF DEVELOPMENT
HUMAN SETTLEMENT HOUSING AND URBAN HOUSING AND URBAN HOUSING AND URBAN HUMAN SETTLEMENT
AND URBAN DEVELOPMENT (DHUD), DEVELOPMENT (DHUD), DEVELOPMENT AND URBAN
DEVELOPMENT, DEFINING ITS DEFINING ITS DEVELOPMENT,
DEFINING ITS MANDATES, POWERS, MANDATES, POWERS, DEFINING ITS
MANDATES, POWERS AND FUNCTIONS, AND FUNCTIONS, MANDATES, POWERS
AND FUNCTIONS, PROVIDING FUNDS PROVIDING FUNDS AND FUNCTIONS,
PROVIDING FUNDS THEREFOR AND FOR THEREFOR AND FOR PROVIDING FUNDS
THEREFOR AND FOR OTHER PURPOSES OTHER PURPOSES THEREFOR AND FOR
OTHER PURPOSES OTHER PURPOSES
Be it enacted by the Be it enacted by the Senate Be it enacted by the Senate Be it enacted by the Senate Be it enacted by the Senate
Senate and House of and House of and House of and House of and House of
Representatives of the Representatives of the Representatives of the Representatives of the Representatives of the
Philippines in Congress Philippines in Congress Philippines in Congress Philippines in Congress Philippines in Congress
assembled: assembled: assembled: assembled: assembled:
CHAPTER I CHAPTER I CHAPTER I
TITLE, VISION AND GENERAL PROVISIONS TITLE &
POLICIES DECLARATION OF
SEC. 1. Title. This Act SECTION 1. Title. This Act POLICY S E C T IO N 1 . T itle . T h is
SECTION 1. Title. This shall be known as the shall be known as the SECTION 1. Short A ct sh a ll b e kn o w n a s
Act shall be known as the Department of Housing Department of Housing Title. This Act shall be th e "D e p a rtm e n t of
Department of Human and Urban Development and Urban Development known as the Department H u m a n Settlement and
Settlement and Urban Act. Act. of Housing and Urban Urban Development Act of
Development Act of 2016. Development Act. 2O16,"
Page 1 of 81
Villanueva
SEC. 2. Declaration of SEC. 2. Declaration of SEC. 2. Declaration of SEC. 2. SEC. 2. Declaration Of
Policies. The State shall, Policies. The State shall Policies. The State shall, Declaration of Policy. Policies. - It is hereby
by law and for the common undertake, in cooperation by law and for the common The State shall pursue the declared the policy of
good undertake, in with the private sector, a good, undertake, in realization of a modern, the State to undertake, in
cooperation with the continuing program of cooperation with the private humane, economically cooperation with the
private, a continuing urban development and sector, a continuing viable and environmentally public sector, a
program of housing and housing which will make program of housing and sustainable society where continuing program of
urban development which available at affordable cost, urban development which the urbanization process is urban land reform and
shall make available at decent housing and related will make available at manifest in towns and cities housing which will make
affordable cost, decent basic services. In the affordable cost, decent being centers of productive available at affordable
housing and basic services implementation of such housing and related basic economic activity, led by cost decent housing and
to underprivileged and program, the State shall services to underprivileged market forces; where urban basic services to
homeless citizens in urban respect the rights of small and homeless citizens in areas have affordable underprivileged and
centers and resettlement property owners. urban centers and housing, sustainable homeless citizens in urban
areas. It shall promote resettlement areas. It shall physical and social centers and resettlements
adequate employment also promote adequate infrastructure and services areas. The State shall also
opportunities to such employment opportunities facilitated under a promote adequate
citizens. In the to such citizens. In the democratic and employment opportunities
implementation of such implementation of such decentralized system of to such citizens.
program, the State shall program, the State shall governance; where urban
respect the rights of small The State shall pursue the respect the rights of small areas provide the
property owners. realization of a modern, property owners. opportunities for an
humane, economically improved quality of life and
The State shall pursue the viable and environmentally The State shall the eradication of poverty;
realization of a modern, sustainable society where pursue the realization of a and where there is high
humane, economically the urbanization process is modern, humane, degree of complementarity
viable and environmentally- manifest in towns and cities economically viable and between urban and rural
sustainable society where being centers of productive environmentally sustainable communities.
the urbanization process is economic activity, through society where the
manifest in towns and partnerships with multi- urbanization process The State shall
cities being centers of stakeholders; where urban manifest in towns and cities ensure that poor dwellers in
productive economic areas have affordable being centers of productive urban or rural areas shall
activity and is led by housing, sustainable economic activity and is led not be evicted nor their
market forces; where urban physical and social by market forces; where dwelling demolished,
areas have affordable infrastructure and services urban areas have except in accordance with
housing, sustainable facilitated under a affordable housing, law.
physical and social democratic and sustainable physical and
infrastructure and services decentralized system of social infrastructure and In addition, the
facilitated under the governance; and where services facilitated under a State shall encourage on-
Page 2 of 81
Villanueva
democratic and urban areas provide the democratic and site development in the
decentralized system of opportunities for an decentralized system of implementation of housing
governance; and where improved quality of life and governance; and where programs and shall
urban areas provide the the eradication of poverty. urban areas provide the promote the creation of
opportunities for an opportunities for an new settlements and
improved quality of life and Urban or rural poor improved quality of life and development of sustainable
eradication of poverty. dwellers shall not be the eradication of poverty. urban renewal programs.
evicted nor their dwelling
demolished, except in
Poor dwellers in urban or accordance with law. The State shall
rural areas shall not be ensure that poor dwellers in
evicted nor their dwelling urban or rural areas shall
demolished, except in not be evicted nor their
accordance with law. dwelling demolished,
except in accordance with
law.
In addition, the
State shall encourage on-
site development in the
implementation of housing
programs and shall
promote the creation of
new settlements and
development of sustainable
urban renewal programs.
CHAPTER II CHAPTER II CHAPTER II CHAPTER II Comment: Other terms to be
DEFINITION OF TERMS DEFINITION OF TERMS DEFINITION OF TERMS DEFINITION OF TERMS defined: climate change adaptation
and mitigation, disaster risk
SEC. 3. Definition of SEC. 3. Definitions. As SEC. 3. Definition of SEC. 3. Definition SEC. 3. Definition of reduction, sustainable development,
Terms. - As used in this used in this Act, the Terms. As used in this Act, of Terms. As used in this Terms. For the purposes of urban system
Act, the following terms following terms shall mean: the following terms shall Act: this Act, the following terms
shall mean: mean: shall be defined herein:
3.1. Attachment. refers to (a) Attachment refers to
a) Attachment refers to the relationship between a) Attachment refers to the (a) Attachment refers to lateral relationship
lateral relationship the department and the lateral relationship between the lateral relationship between a
between a attached agency or a department and the between a department and the
department and the corporation for purposes of attached agency or department and the attached agency or
attached agency or policy and program corporation for purposes of attached agency or corporation for
Page 3 of 81
Villanueva
corporation for coordination and as further policy and program corporation for purposes of policy
purposes of policy defined under the coordination and as further purposes of policy and program
and program Administrative Code of defined under the and program coordination and as
coordination and as 1987. Administrative Code of coordination, and as further defined in the
further defined in the 1987; defined in the Administrative Code;
Administrative Code. Administrative Code;
b) Housing refers to the 3.2. Housing. refers to the b) Housing refers to a (c) Housing refers to a (e) Housing refers to the
system and its system and its components multidimensional multidimensional system and its
components which which establish the concept relating to concept relating to the components which
establish the residential quality of life, the process of process of residing establish the
residential quality of including housing, utilities, residing and the and the objects of residential quality of
life, including access to social services objects of dwelling dwelling whose main life, including
housing, utilities, and community facilities, whose main attributes are location housing, utilities,
access to social security, transportation attributes are location relative to access to access to social
services and other facilities, employment, and relative to access to livelihood, tenure services and other
community facilities, other aspects related to an livelihood, tenure arrangements, cost community facilities,
security and other individuals residence and arrangements, cost and physical security and other
aspects related to an well-being. and physical structure, as well as aspects related to an
individual's residence. structure, as well as their environment. individuals
their environment. Housing is likewise a residence;
Housing is likewise a physical structure as
physical structure as well as a social
well as a social structure, functioning
structure, functioning at different spatial
at different spatial scales from homes,
scales from homes, neighborhoods,
neighborhoods, communities,
communities, municipalities, cities,
municipalities, cities, provinces, and
provinces, and regions. It is also a
regions. It is also a sector of the
sector of the economy, an
economy, an important category of
important category of land use in both
land use in both urban and rural areas,
urban and rural especially in cities,
areas, especially in and is an important
cities, and is an factor in the overall
Page 4 of 81
Villanueva
important factor in the dynamics of the urban
overall dynamics of system;
the urban system;
c) Informal Settler 3.3. Informal Settler c) Informal Settler Families (h) Informal Settler Comment: Need to further define
Families (ISFs) refer Families (ISFs) refers to (ISFs) refers to Families (ISFs) refer dangerous/danger area. Local
to household living in: household/s living in: (a) a household/s living in: to household living practice has shown that the term is
1) Lot without lot or lots without the in: subject to multiple interpretations,
consent of the consent of the property 1. A lot or lots (1) Lot without and needs to be harmonized.
property owner; owner; (b) danger areas; without the consent of the
2) Dangerous (c) areas for government consent of property owner;
areas; infrastructure projects; (d) the property (2) Dangerous
3) Areas for protected/forest areas owner; areas;
government (except for indigenous 2. Danger areas (3) Areas for
infrastructure people); (e) Areas for such as government
projects; Priority Development esteros, infrastructure
4) Protected/forest (APDs), if applicable; railroad projects;
areas (except and/or (f) other tracks, (4) Protected/forest
for indigenous government/public lands or garbage areas (except
people); facilities not intended for dumps, for indigenous
5) Areas for Priority habitation. riverbanks, people);
Development shorelines, (5) Areas for Priority
(APDs, if and Development
applicable); and waterways; (APDs, if
6) Other 3. Areas for applicable); and
government/publ government (6) Other
ic land or infrastructure government/
facilities not projects; public land or
intended for 4. Protected/for facilities not
habitation. est areas intended for
(except for habitation; and
indigenous
people);
5. Areas for
Priority
Development
(APDs) as
declared in
Presidential
Decree 1967,
Page 5 of 81
Villanueva
Series of
1980, if
applicable;
and
6. Other
government/
public lands
or facilities
not intended
for habitation.
d) Urban Development 3.4. Urban Development d) Urban Development (d) Urban Development (i) Urban Development
refers to the process pertains to the process of refers to the process refers to the process refers to the process
of occupation and occupation and use of land of occupation and of occupation and use of occupation and
use of land or space or space for such activities use of land or space of land or space for use of land or space
for such activities as as residential, industrial, for such activities as such activities as for such activities as
residential, industrial, commercial and the like or residential, industrial, residential, industrial, residential,
commercial and the their combinations, commercial and the commercial, and the industrial,
like or their necessary to carry out the like or their like or their commercial and the
combinations, functions of urban living. It combinations, combinations, like or their
necessary to carry entails the building or necessary to carry necessary to carry out combinations,
out the functions of rebuilding of more or less out the functions of the functions of urban necessary to carry
urban living. It entails permanent structures over urban living. It entails living. It entails the out the functions of
the building or land that is often withdrawn the building or building or rebuilding urban living. It
rebuilding of more or or converted from its rebuilding of more or of more or less entails the building
less permanent original use, resulting in the less permanent permanent structures or rebuilding of
structures over land creation of a built structures over land over land that is often more or less
that is often environment. that is often withdrawn or permanent
withdrawn or withdrawn or converted from its structures over land
converted from its converted from its original use, resulting that is often
original use, resulting original use, resulting in the creation of a withdrawn or
in the creation of a in the creation of a built environment. converted from its
built environment. built environment. original use,
resulting in the
creation of a built
environment.
e) Human Settlement - (g) Human Settlement
comprise of (a) comprise of (1)
physical components physical components
of shelter and of shelter and
Page 6 of 81
Villanueva
infrastructure; and (b) infrastructure; and (2)
services to which the services to which the
physical elements physical elements
provide support, such provide support, such
as community as community
services which services which
includes education, includes education,
health, culture, health, culture,
welfare, recreation welfare, recreation
and nutrition. and nutrition;
(b) Land Use Plan
refers to the document,
formulated by the local
government in
consultation with its
stakeholders, that
defines or provides
guidelines on the
allocation, utilization,
development and
management of all
lands within a given
territory or jurisdiction
according to the
inherent qualities of the
land itself and
supportive of
economic,
demographic, socio-
cultural and
environmental
objectives.
(b) Commission refers to
the Human
Settlements
Adjudicatory
Commission (HSAC);
(c) Department refers to

Page 7 of 81
Villanueva
the Department of
Housing and Urban
Development;
(d) HLURB refers to the

Housing and Land
Use Regulatory
Board;
(f) HUDCC refers to the

Housing and Urban
Development
Council;
(e) Urban Development Suggestion: Urban planning, also
Planning refers to city known as environmental planning,
planning or town planning, urban and regional planning, city
is a process that involves planning, town and country
the planning of diverse planning, and/or human settlements
elements that comprise an planning, refers to the multi-
urbanized area, including disciplinary art and science of
its physical infrastructure, analyzing, specifying, classifying,
environment, housing, harmonizing, managing and
transportation, and regulating the use and development
management of land use of land and water resources, in
and urban growth. relation to their environs, for the
development of sustainable
communities and ecosystems. (RA
10587)
Page 8 of 81
Villanueva
CHAPTER III CHAPTER III CHAPTER III CHAPTER III
DEPARTMENT OF DEPARTMENT OF DEPARTMENT OF DEPARTMENT OF
HUMAN SETTLEMENT HOUSING AND URBAN HOUSING AND URBAN HOUSING AND URBAN
AND URBAN DEVELOPMENT DEVELOPMENT DEVELOPMENT
DEVELOPMENT
SEC. 4. Creation and
Sec. 4. Creation and SEC. 4. Creation and SEC. 4. Creation and SEC. 4. Creation and Mandates of the
Mandates of the Mandate of the Mandate of the Mandate of the Department of Human
Department of Human Department of Housing Department of Housing Department of Housing Settlement and Urban
Settlement and Urban and Urban Development. and Urban Development. and Urban Development. Development. There is
Development. There is There is hereby created There is hereby created the There is hereby created hereby created the
hereby created the the Department of Housing Department of Housing and the Department of Housing Department of Human
Department of the Human and Urban Development Urban Development and Urban Development, Settlement and Urban
Settlement and Urban (DHUD), hereinafter (DHUD), hereinafter hereinafter referred to as Development (the
Development, hereinafter referred to as the referred to as the the Department, through Department), through the
referred to as the Department, by Department, through the the consolidation of the consolidation of the
Department, through the consolidating the functions consolidation of the Housing and Urban Housing and Urban
consolidation of the of the Housing and Urban Housing and Urban Development Coordinating Development Coordinating
Housing and Development Development Coordinating Development Coordinating Council (HUDCC) and the Council (HUDCC) and the
Coordinating Council Council (HUDCC) and the Council (HUDCC) and the Housing and Land Use Housing and Land Use
(HUDCC) and the Housing planning and regulatory Housing and Land Use Regulatory Board Regulatory Board
and Land Use Regulatory functions of the Housing Regulatory Board (HLURB). The Department (HLURB). The Department
Board (HLURB). The and Land Use Regulatory (HLURB). The Department shall act as the primary shall act as primary
Department shall act as Board (HLURB), which shall act as the primary national government entity national government entity
primary national shall act as the primary national government entity responsible for the responsible for the
government entity national government entity responsible for the management of housing management of housing,
responsible for the responsible for the management of housing and urban development. It human settlement and
management of housing, management of housing and urban development. It shall be the sole and main urban development.
human settlement and and urban development. It shall be the sole and main planning and policy-
urban development. shall be the sole and main planning and policy- making, regulatory, It shall be the sole
planning and policy- making, regulatory, program coordination, and and main planning and
It shall be the sole and making, regulatory, program coordination, and performance monitoring policy making regulatory,
main planning and policy- program coordination, and performance monitoring entity for all housing and program coordination, and
making regulatory, performance monitoring entity for all housing and urban development performance monitoring
program coordination, and entity for all housing and urban development concerns, primarily entity for all housing,
performance monitoring urban development concerns, primarily focusing on the access to human settlement and
entity for all housing, concerns, primarily focusing on the access to and the affordability of urban development
human settlement and focusing on the access to and the affordability of basic human needs. concerns, primarily
urban development and affordability of housing basic human needs. focusing on the access to
Page 9 of 81
Villanueva
concerns, primary focusing and related basic services and affordability of the
on the access to and vital to human needs. basic human needs.
affordability of the basic
human needs.
Sec. 5. Powers and SEC. 5. Powers and SEC. 5. Powers and SEC. 5. Powers SEC. 5. Powers and General comments:
Functions. - The Functions. The planning Functions. The planning and Functions. The Functions. The 1. The enumeration of the powers
Department shall perform and regulatory function of and regulatory function of Department shall: Department shall have the and functions gives much
emphasis on land allocation and
the following: the Housing and Land Use the Housing and Land Use following functions:
provision of housing to the
Regulatory Board Regulatory Board underprivileged. It has to be noted
(HLURB) is hereby (HLURB) is hereby that the Department must operate
transferred to the transferred to the within the context of a system
Department. Department. that is, a human settlement, and
in a larger scale, an urban
In addition thereto, the In addition thereto, the system. As such, it would be good
to also include a function that
Department shall perform Department shall perform
relates to the other components of
the following: the following: the system (e.g., social
infrastructure/social capital).
2. There must be a clear delineation
of the functions of the Department
as a regulatory agency and as a
program/project implementor. As
an implementor, should the
Department be given power to
directly execute housing
development programs?
3. It appears from the enumeration
of the powers and functions of the
proposed Department that it can
be the developer/provider of
housing projects particularly
taking note of the power to enter
into JVs and other similar
Page 10 of 81
Villanueva
agreements.
As such, the necessity to clearly

delineate its regulatory and
developmental powers becomes
clearer. How can a Department,
that is a developer, regulate itself?
a) Formulate the national 5.1. Formulate a national (a) Formulate the national (a) Formulate a national (a) Formulate the national Suggestion:
and urban urban development and and urban development urban development and urban
development and housing policy and and housing policy and and shelter development and Adopt SBN 37, with enhancement:
housing policy and strategy, in coordination strategy that is consistent framework, policy housing policy and Formulate a national urban
strategy that ensure and in consultation with with the Philippine and strategy strategy that ensure development and housing policy
consistency with the national and local Development Plan to consistent with consistency with the and strategy, in coordination and
Philippine stakeholders, toward promote social and Philippine Philippine in consultation with national and
Development Plan ensuring consistency with economic welfare, in Development Plan, Development Plan local stakeholders, toward
(PDP) and the National the Philippine coordination and in coordination and (PDP) and the ensuring consistency with
Physical Framework Development Plan (PDP) consultation with the consultation with the National Physical national, sub-national and sectoral
Plan (NPFP) to and the National Physical stakeholders, local stakeholders, and Framework Plan plans to promote social, economic
promote social and Framework Plan (NPFP) to government units (LGUs), ensuring its (NPFP) to promote and environmental sustainability;
economic welfare; promote social and and other government consistency with the; social and economic
economic welfare; agencies; welfare;
b) Exercise initiative and 5.3. Exercise lead role in (b) Exercise initiative and (b) Exercise initiative and
assume a lead role in coordinating, supervising assume a lead role assume a lead role in
coordinating, and ensuring in coordinating, coordinating,
supervising, and harmonization and supervising, and supervising and
integrating all complementation between integrating all integrating all
government activities and among all government government government activities
relative to the human programs and activities activities relative to relative to the human
settlement and urban relative to housing and housing and urban settlement and urban
development; urban development; development; development;
Suggestion: Develop programs for

sustainable, integrated human
settlements, as defined to include
physical and social infrastructure
within efficient urban systems
c) Formulate housing 5.5. Formulate effective (c) Formulate housing (e) Formulate housing (c) Formulate housing
Page 11 of 81
Villanueva
finance policies to and efficient housing finance policies to finance policies, finance polices to Adopt SBN 1139
promote the finance policies and promote the and recommend promote the
establishment of self- programs, in coordination establishment of a and facilitate the establishment of self-
sustaining, private with the Bangko Sentral ng self-sustaining development of sustaining, private
sector-led housing Pilipinas, toward the housing finance mechanisms that sector-led housing
financing system; establishment of a self- system; promote the financing system;
sustaining, private sector- establishment of a
led housing finance self-sustaining
system that will ensure housing finance
housing finance system;
accessibility and
affordability among those
in great need;
d) Develop and maintain 5.10. Build and maintain a (d) Develop and maintain (e) Develop and Suggestion: Build and maintain a
housing database that Housing database that will a housing database maintain housing housing and urban development
shall include a shelter contain a housing project that shall include a database that shall database that includes: housing
and urban inventory, both at the shelter and urban include a shelter and project inventory, suitability of areas
development national and local levels, development urban development for urban development, harmonized
management the status of these management management climate change and disaster risk
information system; projects, and their key information system; information system; data, and other relevant data and
features. The database will analyses contained in and shared
also contain relevant through an open and efficient
information required by the information system.
various housing agencies
as part of efforts to
minimize paperwork
burden;
e) Manage and oversee 5.6. Manage and oversee (f) Oversee the fast- (k) Oversee the fast- (f) Manage and oversee the From the TWG meeting:
the fast-tracked the development of tracked development tracked fast-tracked development of Manage and oversee the
development of proclaimed housing sites, and management of development and proclaimed housing sites, development of proclaimed housing
proclaimed housing including the use of land proclaimed housing management of including the use of these sites, including the use of land
sites, including the use assets as resource sites, including the proclaimed housing land assets as resource assets as resource mobilization
of these land assets as mobilization strategy to use of these land sites, including the mobilization strategy to strategy to raise alternative
resource mobilization raise alternative funds in assets as resource use of these land raise alternative funds in resources in developing new
strategy to raise developing new housing mobilization strategy assets as resource developing new town housing projects, either by itself or
alternative funds in projects which will serve as to raise alternative mobilization housing projects which will through attached agencies.
developing new town central relocation sites for funds in developing strategy to raise serve as central relocation
housing projects which the affected informal new town housing alternative funds in sites for the affected
will serves as central settlers, while at the same projects which shall developing new informal settlers;
Page 12 of 81
Villanueva
relocation sites for the time ensuring that these serve as central town housing
affected informal housing projects shall have relocation sites for projects;
settlers; access to jobs, the affected informal
transportation systems, settlers;
basic services, and
affordable sustainable
sources of energy to meet
the communitys power
needs;
f) Develop effective and (g) Develop effective and (g) Develop effective and
efficient financing efficient financing efficient financing
programs for housing programs for programs for housing
beneficiaries and housing beneficiaries beneficiaries and
developers; and developers; developers;
g) Ensure the (h) Ensure the (h) Ensure the Suggestion: Ensure the
Department's Departments Departments Department's participation in
participation in participation in participation in sustainable development, climate
sustainable sustainable sustainable change adaptation and mitigation,
development, climate development, development, climate and disaster risk reduction; and
change adaption, and climate change change adoption, ensure that these are incorporated
disaster risk reduction; adaptation, and and disaster risk in urban development and housing
disaster risk reduction; policies and programs;
reduction;
h) Enter into contracts, 5.12. Enter into contracts, (i) Enter into contracts, (p) Enter into and (i) Enter into contracts,
joint venture joint venture agreements, joint venture perform such joint venture
agreements or public-private partnerships, agreements, public- contracts with any agreements or
understanding, either and such other private partnerships person or entity, understanding, either
domestic or foreign, agreements, either (PPPs), and public or private, as domestic or foreign,
under such terms and domestic or foreign, under memoranda of may be necessary, under such terms
conditions as the such terms and conditions agreement or proper or conducive and conditions as the
Department may deem as it may deem proper and understanding, either to the attainment or Department may
proper and reasonable reasonable subject to domestic or foreign, furtherance of the deem proper and
and the subject to existing laws; under such terms objectives and reasonable and
existing laws; and conditions as purposes of this subject to existing
the Department may Act; laws;
deem proper and
reasonable and
Page 13 of 81
Villanueva
subject to existing
laws;
i) Discharge all 5.13. Discharge all (j) Discharge all (m) Discharge all (j) Discharge all
responsibilities of responsibilities of responsibilities of the responsibilities of responsibilities of
government that may government as may arise government that may the government, as government that may
arise from treaties, from treaties, agreements arise from treaties, may arise from arise from treaties,
agreements and other and other commitments on agreements and treaties, agreements and
commitments on housing, land use and other commitments agreements, and other commitments
human settlement and urban development to on housing and other commitments on human settlement
urban development to which it is a signatory, urban development on housing and and urban
be extended through including the determination to be sourced resettlement to development to be
bilateral or multilateral of forms of assistance for through bilateral or which it is a extended through
loans and/or housing, land use and multilateral loans or Signatory, including bilateral or
assistance programs; urban development to be assistance loans or the determination of multilateral loans
extended through bilateral assistance forms of assistance and/or assistance
or multilateral loans and/or programs; for housing programs;
development assistance development to be
programs, subject to extended through
existing laws and multilateral or
regulations; bilateral assistance
program;
j) Receive, take and hold 5.14. Receive, take and (k) Receive, take, and (q) Receive donations, (k) Receive, take and hold
by bequest, device, hold by bequest, device, hold by bequest, grants, and by bequest, device, gift,
gift, purchase or lease, gift, purchase or lease, device, gift, bequests and utilize purchase or lease, either
either absolutely or in either absolutely or in trust purchase or lease, the same for the absolutely or in trust for any
trust for any of its for any of its purposes from either absolutely or attainment of its of its purposes from foreign
purposes from foreign foreign and domestic in trust for any of its objectives. Such and domestic sources, any
and domestic sources, sources, any asset, grant or purposes, from donations, grants asset, grant or property,
any asset, grant or property, real or personal, foreign and domestic and bequests shall real or personal, subject to
property, real or subject to such limitations sources, any asset, be exempt from the such limitation as are
personal, subject to provided under existing grant, or property, payment of transfer provided under existing
such limitations as are laws and regulations; real or personal, taxes and be fully laws and regulations;
provided under existing subject to such deductible from the
laws and regulations; limitations provided gross income of the
under existing laws donor or grantor for
and regulations; income tax
purposes;
k) Exercise oversight 5.7. Exercise oversight (l) Exercise oversight (l) Exercise oversight
Page 14 of 81
Villanueva
function, coordinate, function, coordinate, functions, function, coordinate,
monitor and evaluate monitor and evaluate the coordinate, monitor monitor and evaluate
the policies and policies and programs of and evaluate the the policies and
programs of all its all attached agencies as policies and programs of all its
attached agencies; provided for in Sec. 27 of programs of all its attached agencies;
this Act; attached agencies;
I) Conduct continuing (m) Conduct continuing (m) Conduct continuing
and comprehensive and comprehensive and comprehensive
studies and research studies and research studies and research
necessary for human necessary for housing necessary for human
settlement and urban and urban settlement and urban
development; development; development;
m) Provide assistance to 5.15. Provide assistance (n) Assist LGUs in (t) Provide assistance to (n) Provide assistance to
build the capacity of to local government units strengthening the role the local build the capacity of
LGUs in urban toward building their and building the governments in the local government
development and capacities in housing and capability of discharge of its units (LGUs) in urban
management to urban development and provinces, cities, and roles in urban development and
strengthen the role of management and to municipalities as the development and management, as well
provinces, cities and strengthen the role of primary entities for urban as in preparing their
municipalities as the provinces, cities and urban development management; respective local
primary entries for the municipalities as the and management; shelter plan, to
urban development, primary entities for urban strengthen the role of
renewal planning and development/renewal provinces, cities and
management; planning and municipalities as the
management; primary entries for
the urban
development,
renewal planning and
management;
n) Monitor local and 5.17. Monitor local (o) Monitor local (o) Monitor local and
government government compliance government government
compliance with with housing and urban compliance with compliance with
housing and urban development laws, housing and urban housing and urban
development laws, standards and guidelines development laws, development laws,
standards and and Republic Act No. 9485, standards and standards and
guidelines, as well with otherwise known as the guidelines, as well as guidelines, as well
their judicious and fair Anti-Red Tape Act of 2007 on their judicious and with their judicious
application of local with respect to housing and fair application of and fair application of
Page 15 of 81
Villanueva
housing and urban urban development local housing and local housing and
development projects, as well as their urban development urban development
ordinances; judicious and fair ordinances; ordinances;
application of local housing
and urban development
ordinances;
o) Support local 5.18. Encourage and (p) Support local (p) Support local
government support local government government government
partnerships with partnerships with partnerships with partnerships with
communities, civil communities, civil society communities, civil communities, civil
society organizations, organizations, non- society organizations society
non-government government organizations, (CSOs), organizations, non-
organizations, and and private groups in the nongovernment government
private groups in the implementation of urban organizations, and organizations, and
implementation of development/renewal private groups in the private groups in the
urban development projects; implementation of implementation of
and renewal projects. urban development urban development
and management; and renewal projects;
p) Develop and establish 5.19. Develop and establish (q) Develop and establish (l) Develop and (q) Develop and establish
a sector performance a sector performance a sector performance establish a sector a sector performance
monitoring and monitoring and assessment monitoring and performance monitoring and
assessment mechanism, and monitor assessment monitoring and assessment
mechanism, monitor the performance of national mechanism to monitor assessment mechanism, monitor
and independently government agencies, local and independently mechanism; and independently
report on the government units, as well report on the report on the
performance of as other entities involved in performance of performance of
national government housing and urban national government national government
agencies and LGUs in development; agencies and LGUs agencies and LGUs
the human settlement involved in housing in the human
and urban and urban settlement and urban
development sector to development and development sector
enable continuing ensure continuing to enable continuing
improvements in sector improvements in improvements in
policy and strategy sector policy and sector policy and
formulation; strategy formulation; strategy formulation;
q) Lead in the deposition 5.20. Lead in the (r) Lead in the disposition Comment: Need clarification on
of lands intended for disposition of government- of lands intended for the use of the word lead
Page 16 of 81
Villanueva
housing and owned by owned lands, including housing and owned
the Government or any those owned by by the Government
of its subdivisions, government-owned and or any of its
instrumentalities, controlled corporations and subdivisions,
agencies or those which have not been instrumentalities,
government-owned-or- used for the purpose for agencies or
controlled corporations which they have been government-owned
(GOCCs) such as but reserved or set aside for or controlled
not limited to military the past ten (10) years from corporations
reservations, lands the effectivity of Republic (GOCCs) such as,
reserved for Act No. 7279, otherwise but not limited to
government offices, known as the Urban military reservations,
facilities and other Development and Housing lands reserved for
installations, and other Act of 1992, provided that government offices,
land assets including these lands for disposition, facilities and other
friar lands which have as approved by the installations, and
not been used for the President or by the local other land assets
purposes for which government unit including friar lands
have been reserved or concerned, will be intended which have not been
set aside for the past for socialized housing. used for the
ten (10) years from the purposes for which
effectivity of Republic have been reserved
Act No. 7279, or set aside for the
otherwise known as past ten (10) years
the Urban from the effectivity of
Development and Republic Act No.
Housing Act of 1992. 7279, otherwise
known as the Urban
Development and
Housing Act of 1992;
r) Declare an area as 5.22. Declare areas as (r) Declare an identifies (h) Declare an identified (s) Declare an area as Comment: Does it have to be
Urban Development Urban area as an Urban area as either Urban urban development exclusively under a PPP
Renewal site including Development/Renewal Development, New Development, New renewal site arrangement? Wont there be cases
the development and site(s) and develop and Settlement Site or Settlement Site or including the where government can fully own
implementation of sub- implement sub-projects Renewal Site, and Renewal Site, and development and the process, or other modes of
projects jointly with the related thereto, jointly with jointly with the together with the implementation of implementation?
concerned LGUs under the concerned local concerned LGU, concerned LGU, sub-projects jointly
a Public-Private government units under a develop and develop and with the concerned
Page 17 of 81
Villanueva
Partnership (PPP) Public Private Partnership implement implement projects LGUs under a
arrangement; (PPP) arrangement; subprojects under a under PPP Private-Public
PPP arrangement; arrangement; Partnership (PPP)
management;
s) Advocate and assist (s) Advocate for and (u) Assist the LGUs in the (t) Advocate and assist the
the LGUs in the assist the LGUs in the establishment of a LGUs in the
establishment of establishment of a Special Housing establishment of
Special Housing Fund Special Housing Fund Fund (SHF) to be Special Housing Fund
(SHF) to be sourced (SHF) to be sourced sourced from the (SHF) to be sourced
from the proceeds of from the proceeds of proceeds of Real from the proceeds of
Real Property Tax Real Property Tax Property Tax (RPT) Real Property Tax
(RPT) pegged at one- (RPT) pegged at one pegged at one (RPT) pegged at one
half per centum (.5%) percent (1%) of the percent (1%) of the half percent (0.5%) of
of the assessed value assessed value of real assessed value of the assessed value of
of real property which property which shall be real property; real property which
will be exclusively used exclusively used for will be exclusively
for identification of the new settlement used for identification
sites for socialized projects with housing of sites for socialized
housing and low-cost and urban housing and low-cost
housing, data development new housing, data
gathering, inventory of settlement projects gathering, inventory of
lands; mobilization and and renewal projects lands, mobilization
implementation of of the LGUs; and implementation of
socialized and low-cost socialized and low-
housing programs of cost housing
the LGUs; programs of the
LGUs;
t) Take the lead in the 5.24. Take the lead in the (u) Take the lead in the
conduct of Pre- and conduct of Pre- and Post- conduct of pre- and post-
Post- Proclamation Proclamation activities as proclamation activities as
activities as orchestrator and facilitator orchestrator and facilitator
orchestrator and of the entire disposition of the entire disposition
facilitator of the entire process including the process, including the
disposition process, stewardship of the Local stewardship of the Local
including the Inter-Agency Committees Inter-Agency Communities
stewardship of the (LIACs) which are primarily (LIACs) which are primarily
Local Inter-Agency tasked to oversee the tasked to oversee the
Communities (LIACs) implementation of housing implementation of housing
which are the primary proclamation projects; proclamation projects;
Page 18 of 81
Villanueva
tasked to oversee the
implementation of
housing proclamation
projects;
u) Effect and oversee a 5.25. Effect and oversee a (v) Effect and oversee a
single regulatory single regulatory system single regulatory
system that shall that shall govern all system that shall
govern all activities activities relative to the govern all activities
relative to the planning, planning, production, relative to the
development, marketing, and planning,
production, marketing, management of housing development,
and management of and urban development production,
housing and urban projects; marketing and
development projects; management of
housing and urban
development
projects;
v) Take over unfinished, 5.26. Take over unfinished, (w) Take over unfinished, Suggestion: Take over unfinished,
incomplete or incomplete or abandoned incomplete or incomplete or abandoned licensed
abandoned licensed licensed real estate abandoned licensed real estate development projects
under Presidential Decree No. 957,
real estate development projects under real estate
as well as housing projects in areas
development projects Presidential Decree No. development under a state of calamity, in
under Presidential 957; projects under coordination with the appropriate
Decree No. 957, in Presidential Decree government agencies and
coordination with the No. 957, in instrumentalities under such
appropriate coordination with guidelines as may be formulated;
government agencies the appropriate
and instrumentalities government
under such guidelines agencies and
as may be formulated; instrumentalities
under such
guidelines as may
be formulated;
w) Encourage the private 5.27. Encourage the (w) Encourage private (x) Encourage the private Comment: Encourage is vague.
sector to address and private sector to address sector participation in sector to address They have to be required to provide
serve a large part of and serve a large part of the housing industry; and serve a large affordable housing (preferably
the country's housing the countrys housing part of the countrys within the same development) as
needs; needs; housing needs; an indicator of their participation.
Page 19 of 81
Villanueva
x) Promote, accredit and 5.28. Promote and (x) Promote and accredit (y) Promote, accredit and Suggestion: Promote, accredit and
regulate the use of accredit the use of the use of indigenous regulate the use of regulate the use of indigenous,
indigenous material indigenous materials and materials and indigenous material sustainable, green building
and technologies in the technologies in housing technologies in and technologies in materials and technologies in
housing construction; construction and housing housing construction; the housing housing design and construction;
solutions, including those construction;
that address water and
power needs, as well as
sanitation;
y) Implement prototype 5.29. Implement prototype (y) Implement prototype (z) Implement prototype Suggestion: Adopt SBN 952, with
projects, including the projects in housing and projects in housing projects, including clarification on the scope and limits
power of eminent urban development and urban the power of eminent of prototype projects.
domain, in housing and undertakings, with the right development domain, in housing
urban development to exercise the power of undertakings, with the and urban
undertakings; eminent domain, when right to exercise the development
necessary; power of eminent undertakings;
domain, when
necessary;
z) Determine, fix and 5.30. Determine, fix and (z) Determine, fix and (w) Determine, fix and (aa) Determine, fix and
collect reasonable collect reasonable amounts collect reasonable collect reasonable collect reasonable
amounts to be charged to be charged as fees and fees and charges fees and charges amounts to be
as fees and charges charges necessary for the necessary for the necessary for the charged as fees and
necessary for the effective implementation of effective effective charges necessary
effective all laws, rules and implementation of all implementation of all for the effective
implementation of all regulations enforced by the laws, rules and laws, rules and implementation of
laws, rules and Department and impose regulations enforced regulations enforced all laws, rules and
regulations enforced reasonable fines and by the Department by the Department regulations enforced
by the Department and penalties for violation and impose and impose by the Department
impose reasonable thereof; reasonable fines and reasonable fines and and impose
fines and penalties for penalties for violation penalties for violation reasonable fines
violation thereof, thereof; thereof; and penalties for
provided, that income violation thereof,
generated from fees, provided, that
fines, charges and income generated
other collections in the from fees, fines,
performance of its charges and other
functions may be collections in the
utilized to defray performance of its
operating expenses; functions may be
Page 20 of 81
Villanueva
utilized to defray
operating expenses;
aa) Register, regulate 5.31. Register and regulate (aa) Register, regulate (x) Register and regulate (bb) Register, regulate
and provide Homeowners, Homeowners and provide Homeowners and provide
community Associations (HOAs) and community Associations community
development Condominium Units development (HOAs), development
programs for Owners programs for Condominium Units programs for
Homeowners Association/Corporation Homeowners Owners Association/ Homeowners
Association (CUOA/Cs) and provide Associations Corporation Association (HOAs)
(HOAs) and assistance in the (HOAs), (CUOA/C) and other and Condominium
Condominium formulation of community Condominium Units housing Units Owners
Units Owners development programs; Owners development Associations/Corpor
Associations/Cor Association/ associations; ations (CUONCs);
porations Corporation
(CUONCs); (CUOA/C) and
other housing
development
associations;
bb) Formulate and 5.32. Formulate and ensure (bb) Formulate and (f) Formulate and (cc) Formulate and ensure
ensure the the implementation of implement housing implement a shelter the implementation of
implementation housing policies and policies and program for urban housing policies and
of housing programs for urban poor programs for urban poor communities/ programs for urban
policies and communities and informal poor communities informal settler poor communities
programs for settler families (ISFs) that and ISFs that shall families that will and informal settler
urban poor will promote the social and promote the social promote their social families (ISFs) that
communities and economic well-being of and economic and economic will promote the
informal settler homeless families, welfare of welfare, and mobilize social and economic
families (ISFs) particularly the poor and homeless families, resources and welfare of homeless
that will promote underprivileged; particularly the encourage families, particularly
the social and poor and stakeholder the poor and
economic underprivileged; participation in the unprivileged;
welfare of provision of urban
homeless services for the poor;
families,
particularly the
poor and
unprivileged;
cc) Initiate and 5.33. Initiate and (cc) Encourage deeper (dd) Initiate and
Page 21 of 81
Villanueva
encourage encourage deeper and and active encourage deeper
deeper and active involvement and participation of a and active
active participation of civil society broader spectrum of involvement and
involvement and organizations, developers citizenry through participation of a
participation of a associations, urban housing broader spectrum of
broader planners and other cooperatives and citizenry through
spectrum of stakeholders which shall CSOs as the housing
citizenry through be used as a venue avenue for the cooperatives and
housing through which housing assessment and civil society
cooperatives and needs are assessed and recognition of their organizations which
civil society recognized and, in housing needs and, shall be used as an
organizations coordination with the local together with the avenue through
which shall be government units, serve LGUs, serve as the which housing
used as an as the lead agency for implementing needs are assessed
avenue through housing and urban agencies of their and recognized and,
which housing development concerns; housing and urban together with the
needs are development local government
assessed and programs; and units, serve as the
recognized and, implementing
together with the agencies for
local government housing and urban
units, serve as development
the implementing programs;
agencies for
housing and
urban
development
programs; and
dd) Perform such other 5.35. Perform such other (dd) Perform other related (z) Perform such other (ee) Perform such other
related functions related functions as may functions as may be related functions as related functions as
as may be be mandated by law. mandated by law. may be mandated by may be mandated
mandated by law. by law.
law.
(b) Establish and operate Adopt SBN 232 and 1139, with
a national urban enhancement. Suggestion:
development and
shelter planning Establish and operate a national
system, and develop research and innovation center for
the necessary housing and urban development, to
Page 22 of 81
Villanueva
planning guidelines, assist in: 1) developing the
procedures and necessary policies, planning
urban development guidelines, procedures, and urban
standards that will development and housing
define and delineate standards, 2) examining
the roles of all various modes of housing provision
stakeholders, and (i.e. ownership, public rental
guide the planning, scheme, usufructuary, among
standards others), design, construction and
localization, maintenance; and 3) developing
promulgation and guidelines in planning, standards
enforcement of rules, localization, promulgation and
and service delivery enforcement of rules, and service
programs of national delivery programs of national
government and government and local governments,
local governments, and facilitate private sector
and facilitate private investment;
sector investment;
(c) Formulate and enforce
general and specific
policies for housing
development and
resettlement;
5.2. Ensure (d) Implement a single
comprehensive and well- regulatory system
coordinated planning by that shall govern all
the national government activities relative to
and local government units the planning,
toward ensuring well- production,
coordinated national and marketing, and
local urban and community management of
development programs housing and urban
and activities; development
projects;
Page 23 of 81
Villanueva
5.4. Coordinate with

relevant agencies of the
government and local
government units with
respect to the
implementation of
programs and services
that have a major impact
on housing and urban
development;
5.8. Conduct
comprehensive studies
and researches on
housing and urban
development, and its
related issues, and to
submit recommendations
to the President relative
thereto, including on
matters related to the
administration of national
programs affecting such
issues;
5.9. Minimize the

paperwork burden among
homeowners and home
buyers, and those covered
by the governments
housing programs by
eliminating unnecessary
and duplicative information
requirements;
5.11. Utilize income

generated from fees, fines,
charges, and other
Page 24 of 81
Villanueva
collections in the
performance of its functions
and to defray operating
expenses;
(d) Examine the

feasibility of adopting
alternative modes of
providing housing,
such a ownership,
public rental scheme,
usufructuary, among
others;
(e) Develop mechanisms
and programs that
will initiate and
promote the
establishment of
new settlements and
urban renewal
programs;
(n) Own, lease, purchase
Page 25 of 81
Villanueva
or otherwise
acquire, sell
otherwise dispose
of, property, real or
personal, as may
be necessary and
appropriate for the
discharge of its
functions;
(o) Purchase, acquire,
sell, discount,
refinance, or
otherwise deal in
home mortgages or
participations
therein;
(r) Exercise the right of
eminent domain or
acquire by
purchase privately
owned lands for
purposes of
housing
development,
resettlement and
related services and
facilities;
(s) Promote housing
development by
providing technical
assistance;
5.16. Promulgate zoning
and other land use control
standards and guidelines
which shall govern land
use plans and zoning
ordinances of local
governments, subdivision
Page 26 of 81
Villanueva
or estate development
projects, subject to the
provisions of law;
5.21. Ensure that in leading
or coordinating the
development of social
housing and resettlement
areas for the homeless and
underprivileged, the
availability of basic services
and facilities, their
accessibility and proximity
to job sites and other
economic opportunities
shall not be compromised.
5.23. Assist local
government units (LGUs) in
the establishment of
Special Housing Fund
(SHF) to be sourced from
the proceeds of Real
Property Tax (RPT) as
provided for under Section
43 of Republic Act No.
7279 pegged at one half
percent (.5%) of the
assessed value of real
property which will be
exclusively used for the
identification of sites for
socialized housing and low-
cost housing, data
gathering, inventory of
lands; and mobilization and
implementation of
socialized and low-cost
housing programs of the
LGUs.
Page 27 of 81
Villanueva
(i) Develop and undertake
housing
development and/or
resettlement
projects, including
prototype projects,
through joint
ventures or other
arrangements with
public and private
entities, either
domestic or foreign;
(t) Conduct the pre- and (j) Conduct the pre- and
post-proclamation post-proclamation
activities as activities as
orchestrator and orchestrator and
facilitator of the entire facilitator of the
disposition process, entire disposition
including the process, including
stewardship of the the stewardship of
Local Inter-Agency the Local Inter-
Committees (LIACs) Agency Committees;
which are primarily
tasked to oversee the
implementation of
housing proclamation
projects;
(u) Implement a single
regulatory system
that shall govern all
activities relative to
the planning,
production,
marketing, and
management of
housing and urban
development projects;
(v) Declare, upon petition (v) Declare, upon petition
Page 28 of 81
Villanueva
of the homeowners of the homeowners
association and after association and
due notice and after due notice and
hearing, a subdivision hearing, a
or condominium subdivision or
project as abandoned condominium
and grant the project as
petitioner the abandoned and
authority to take over, grant the petitioner
cause, or initiate the the authority to take
development and over, cause, or
completion of the initiate the
project at the development and
expense of the owner completion of the
or developer, jointly project at the
and severally: expense of the
Provided, That for owner or developer,
purposes of this Act, jointly and
and where the severally;
developer can no
longer be located, the
road in the
abandoned
subdivision project
shall become public
in character one (1)
year after the
declaration of
abandonment of the
project;
(y) Promulgate such
rules and
regulations and to
do and perform any
and all things as
may be necessary
and proper to carry
out its
responsibilities,
Page 29 of 81
Villanueva
powers and
functions under this
Act; and
(g) Delineate areas for
priority development
as housing and
urban renewal areas
and prepare
programs for their
regeneration;
5.34. Assist
communities in developing
community and urban
development solutions to
address their housing and
housing-related needs;
and,
Sec. 6. Composition. - SEC. 6. Composition. SEC. 6. Composition. The SEC. 6. SEC. 6. Composition. The
The Department shall be The Department shall be Department shall be Composition. The Department shall be
composed of the Office of composed of the Office of composed of the Office of Department shall be composed of the Office of
the Secretary, its the Secretary, his/her the Secretary, the offices headed by a Secretary. The the Secretary, its
immediate staff, the Offices immediate staff, and the directly supporting the Department proper shall be immediate staff, the Offices
of the Undersecretaries Offices of the Office of the Secretary, the composed of the Office of of the Undersecretaries and
and Assistant Secretaries Undersecretaries and their offices of the the Secretary, the Offices Assistant Secretaries, and
with respect to their areas respective staff, and the undersecretaries and their of the Undersecretaries and the Offices directly
of responsibilities and their other Offices directly immediate staff, and its the Assitant secretaries. supporting the Office of the
respective staff, and the supportive of the Office of various bureaus and Secretary.
Offices directly supporting the Secretary. regional offices.
the Office of the Secretary.
Sec.7. The Secretary. - SEC. 7. The Secretary. SEC. 7. The Secretary. SEC. 7. The SEC. 7. The Secretary.
The Secretary shall: The Secretary shall: The Secretary shall: Secretary. The Secretary The Secretary shall have
shall have the following the following functions:
a) Advise the president of 7.1. Advise the President a) Advise the President functions: (a) Advise the President
the promulgation of on matters related to on matters under the a. Provide executive on the
rules, regulations and housing and urban jurisdiction of the direction and promulgation of
other issuances development; Department; supervision over rules, regulations
relative to matters the entire and other
under the jurisdiction of operations of the issuances relative
Page 30 of 81
Villanueva
the Department; Department and its to matters under
7.3. Establish policies and (b) Establish policies and attached agencies; the jurisdiction of
b) Establish policies and standards for the efficient standards for the the Department;
standards for the and effective operations of efficient and effective b. Establish policies
efficient and effective the Department in operations of the and standards for (b) Establish policies and
operations of the accordance with the Department in the effective, standards for the
Department in programs of the accordance with the efficient and efficient and
accordance with government; programs of the economical effective operations
programs of the government; operation of the of the Department
government; Department; in accordance with
7.2. Promulgate rules, (c) Promulgate rules, programs of the
regulations and other regulations and other government;
c) Promulgate rules, issuances necessary in issuances necessary
regulations and other carrying out the in carrying out the c. Promulgate rules, (c) Promulgate rules,
issuances necessary in Departments mandate, Departments regulations, and regulations and
carrying out the objectives, policies, plans, mandate, objectives, other issuances other issuances
Department's mandate, programs and projects; policies, plans, necessary in necessary in
objectives, policies, programs and carrying out the carrying out the
plans, programs and projects; Departments Departments
projects; 7.10. Exercise control and mandate, mandate,
supervision over all objectives, objectives policies,
personnel of the (d) Exercise control and policies, plans, plans, programs
Department; supervision over all programs, and and projects;
functions and projects;
d) Exercise control and personnel of the (d) Exercise control and
supervision over all Department; d. review and approve supervision over all
personnel and 7.7. Call on any agency or requests for personnel and
functions of the instrumentality of the financial and functions of the
Department; government to ensure the (e) Delegate authority for manpower Department;
effective and efficient the performance of resources of all
implementation of housing any substantive or operating offices of (e) Delegate authority for
and urban development administrative function the Department; the performance of
programs; to subordinate officials any administrative
e) Delegate authority for of the Department; e. Appoint all officers or substantive
the performance of any 7.4. Report to the President and employees of function to the
administrative or on the promulgation of (f) Call on other agencies the department subordinate
substantive function to rules, regulations and other and instrumentalities except those officials of the
the subordinate issuances relative to of the government and whose Department;
officials of the matters under the private entities for appointments are
Page 31 of 81
Villanueva
Department; jurisdiction of the cooperation and vested in the
Department; assistance to the president or in (f) Call on other agencies
Department in the some other and
f) Call on other agencies 7.5. Identify housing and performance of its appointing instrumentalities of
and Instrumentalities of urban development, and functions; and authority; the government
the government and community development and private entities
private entities for issues, which require inter- (g) Perform such other f. Exercise disciplinary for cooperation and
cooperation and agency or inter-government functions as may be powers over assistance in the
assistance in the coordination and solutions; provided by law or officers and performance of its
performance of its assigned by the employees of the functions; and
functions; and 7.6. Convene meetings of President. Department in
heads of agencies that accordance with (g) Perform such other
g) Perform such other undertake programs or law, including their function as may be
function as may be projects that impact upon investigation and provided by law or
provided by law or housing and urban the designation of assigned by the
assigned by the development with the view a committee or President.
President. to harmonizing policies, officer to conduct
plans, programs, and such investigation;
projects, and synchronizing
related activities, as well as g. Advise the President
avoiding duplication in such on the
programs or projects; promulgation of
executive and
7.8. Ensure cooperation administrative
among government orders and
agencies toward the formulation of
effective and efficient regulatory and
administration of housing, legislative
urban development, and proposals on
related programs and matters pertaining
services; to housing and
urban renewal
7.9. Review and approve, programs; and
in consultation with a panel
of experts consisting of h. Perform such other
urban development functions as may
planners, builders, and be provided by law
housing experts, the or assigned by the
physical framework plans of President.
Page 32 of 81
Villanueva
the provinces and the
comprehensive land use
plans of cities, as well as
the municipalities within
Metro Manila;
7.11. Appoint all officers

and employees of the
Department, except those
whose appointments are
vested with the President,
subject to the provisions of
Civil Service Law, rules and
regulations;
7.12. To impose
administrative fines and/or
penalties of not more than
One hundred thousand
pesos (P 100,000.00) for
violation of this Act,
Republic Act No. 7279
and other laws
implemented by the
Commission per Section 12 The Secretary shall
of this Act, including also serve as a voting
pertinent rules and member of the National
The Secretary shall regulations, orders, Economic and
also serve as a voting decisions, and/or rulings: Development Authority The Secretary shall
member of the National Provided, That the (NEDA) Board, the also serve as a voting
Economic and Secretary may adjust such governing Board of the member of the National
Development Authority fines not more than once Social Security System Economic and
(NEDA) Board, the every three (3) years; and (SSS), the Government Development Authority
governing Boards of the Service Insurance System (NEDA) Board, the
Climate Change 7.13. Perform such other (GSIS), the Climate governing boards of the
Commission (CCC), the functions as may be Change Commission Climate Change
National Disaster Risk provided by law or (CCC), the National Commission (CCC), the
Reduction Management assigned by the President. Disaster Risk Reduction National Disaster Risk
Council (NDRRMC), and Management Council Reduction Management
Page 33 of 81
Villanueva
the National Land Use The Secretary shall also (NDRRMC), and the Council (NDRRMC) and the
Committee (NLUC). The serve as a voting member Philippine Reclamation The Secretary shall National Land Use
Secretary shall be a of the National Economic Authority (PRA). The be a voting member of the Committee (NLUC). The
member of NEDA's and Development Authority Secretary shall be a National Economic and Secretary shall be a
Committee on (NEDA) Board, the member of NEDAs Development Authority member of NEDA's
Infrastructure governing/advisory Boards Committee on (NEDA) Board and the Committee on
(INFRACOM), Investment of the Climate Change Infrastructure governing Boards of the Infrastructure
Coordinating Committee Commission (CCC), the (INFRACOM), Investment Social Security System (INFRACOM), Investment
(ICC) and Social National Disaster Risk Coordinating Committee (SSS), the Government Coordinating Committee
Development Committee Reduction Management (ICC) and Social Service Insurance System (ICC) and Social
(SDC). The Secretary shall Council (NDRRMC), the Development Committee (GSIS), the Climate Development Committee
also be a member of the National Land Use (SDC). The Secretary Change Commission (SDC). The Secretary shall
body authorized to Committee (NLUC), and shall also be a member of (CCC), the National also be a member of the
formulate, prescribe, or the Peoples Survival Fund the body authorized to Disaster Risk Reduction body authorized to
amend guidelines under under RA 10174. The formulate, prescribe, or and Management Council formulate, prescribe or
Republic Act No. 6957 as Secretary shall be a amend guidelines under (NDRRMC), and the amend guidelines under
amended, otherwise known member of NEDAs Republic Act No. 6957 as Philippine Reclamation Republic Act No. 6957 as
as the Build-Operate- Committee on amended, otherwise Authority (PRA). The amended, otherwise known
Transfer (BOT) Law. Infrastructure known as the Build- Secretary shall be a as the Build-Operate-
(INFRACOM), Investment Operate-Transfer (BOT) member of the NEDAs Transfer (BOT) Law.
Coordinating Committee Law. Committee on
(ICC) and Social Infrastructure
Development Committee (INFRACOM), Investment
(SDC). The Secretary shall Coordination Committee
also be a member of the (ICC) and Social
body authorized to Development Committee
formulate, prescribe, or (SDC). The Secretary shall
amend guidelines under also be a member of the
Republic Act No. 6957 as body authorized to
amended, otherwise known formulate, prescribe, or
as the Build-Operate- amend guidelines pursuant
Transfer (BOT) Law. to Republic Act No. 6957,
as amended, otherwise
known as the Build-
Operate-Transfer (BOT)
Law.
Sec. 8. The SEC. 8. The SEC. 8. The SEC. 8. The SEC. 8. The
Undersecretaries- The Undersecretaries. The Undersecretaries. Taking Undersecretaries. Undersecretaries. The
Secretary shall be assisted Secretary shall be assisted into account the Taking into account the Secretaries shall be
Page 34 of 81
Villanueva
by: by: requirements of the requirements of the assisted by at least four
Department and subject to Department and subject to Undersecretaries, as
the approval of the the approval of the follows:
President, the Secretary President, the Secretary
shall be assisted by: shall be assisted by:
a) One (1) Undersecretary 8.1. One (1) a) One (1) a. One (1) (a) One (1) Undersecretary
for the Bureau of Undersecretary for Policies, Undersecretary for Undersecretary for for the Bureau of Policies,
Policies, Coordination, Plans and Programs; Bureau of Policy the Bureau of Policy Coordination, Monitoring,
Monitoring, Evaluation Development and Development and Evaluation and Programs;
and Programs; Program Coordination, Program
Monitoring, and Coordination, (b) One (1) Undersecretary
b) One (1) Undersecretary 8.2. One (1) Evaluation; Monitoring, and for the Bureau of
for the Bureau of Undersecretary for Evaluation; Environmental, Land Use
Environmental, Land Environmental, Land Use b) One (1) and Urban Planning and
Use and Urban and Urban Planning and Undersecretary for b. One (1) Development;
Planning and Development; Bureau of Undersecretary for
Development; Environmental, Land the Bureau of (c) One (1) Undersecretary
Use and Urban Environmental, Land for the Bureau of
c) One (1) Undersecretary 8.3. One (1) Planning and Use and Urban Regulation of Housing and
for the Bureau of Undersecretary for Development; Planning and Real Estate Development;
Regulation of Housing Regulation of Housing and Development; and
and Real Estate Real Estate Development; c) One (1)
Development; and and, Undersecretary for c. One (1)
Bureau of Regulation Undersecretary for (d) One (1) Undersecretary
d) One (1) Undersecretary of Housing and Real the Bureau of for the Bureau of
for the Bureau of 8.4. One (1) Estate Development; Regulation of Homeowners, Homeowners
Homeowners, Undersecretary for and Housing and Real Associations and
Homeowners Homeowners, Homeowners Estate Development; Community Development.
Associations and Associations and d) One (1) and
Community Community Development. Undersecretary for They shall have the
Development. Bureau of d. One (1) powers and functions as
They shall have the Homeowners, Undersecretary for provided for in Section 10,
They shall have the powers and functions as Homeowners the Bureau of Chapter 2, Book IV of the
powers and functions as provided for in Section 10, Associations, and Homeowners, Administrative Code of
provided for in Section 10, Chapter 2, Book IV of the Community Homeowners 1987. The Secretary is
Chapter 2, Book IV of the Administrative Code of Development. Associations, and further authorized to
Administrative Code of 1987. Community delineate and assign the
1987. The Secretary is They shall have the Development. other functional areas of
Page 35 of 81
Villanueva
further authorized to powers and functions as responsibility of the
delineate and assign the provided for in Section 10, They shall have the Undersecretaries.
other functional areas of Chapter 2, Book IV of the powers and functions as
responsibility of the Administrative Code of provided for in Section 10,
Undersecretaries. 1987. The Secretary is Chapter 2, Book IV of the
further authorized to Administrative Code of
delineate and assign the 1987. The Secretary is
other functional areas of further authorized to
responsibility of the delineate and assign the
Undersecretaries. other functional areas of
responsibility of the
Undersecretaries.
Sec. 9. Qualifications and SEC. 9. Qualifications SEC. 9. SEC. 9. Qualifications Suggestion: The Secretary and
Appointment. - The and Appointment. The Qualifications and And Appointment. The Undersecretaries shall be citizens
Secretary and Secretary and Appointment. The Secretary and and residents of the Philippines, of
Undersecretaries shall be Undersecretaries shall be Secretary and Undersecretaries shall be good moral character, and of proven
citizens and residents of citizens and residents of Undersecretaries shall be citizens and residents of integrity and competence, expertise
the Philippines, of good the Philippines, of good citizens and residents of the Philippines, of good and at least 10 years of experience
moral character, and of moral character, and of the Philippines, of good moral character, and of in housing, environmental/urban
proven competence and proven competence and moral character, and of proven competence and planning and development. They
integrity. They shall be integrity. They shall all be proven competence and integrity. They shall be shall be appointed by the President.
appointed by the President. appointed by the President. integrity. They shall all be appointed by the President. The Undersecretaries shall be
The Undersecretaries shall The Undersecretaries shall appointed by the President. The Undersecretaries shall career officers.
be career officers. be career officers. The Undersecretaries shall be career officers.
be career officers.
Sec. 10. Department SEC. 9. Departmental SEC. 10. Departmental SEC. 10. SEC. 10. Department Suggestion:
Bureaus and Regional Offices and Regional Bureaus and Regional Departmental Bureaus Bureaus And Regional a) Environmental, Land Use
Offices - The Department Offices. The Department Offices. The Department and Regional Offices. Offices. The Department and Urban Planning and
shall establish, operate, shall establish, operate, shall establish, operate, The Department shall shall establish, operate and Development;
and maintain Bureaus and maintain Departmental and maintain the following establish, operate, and maintain Bureaus under it, b) Community Development
under it such as but not Offices under them such bureaus and other support maintain the following such as but not limited to: c) Plans, Policies, Programs
limited to: as, but not limited to: offices: bureaus and other support (a) Environmental, Land d) Coordination and
(1) Policies, Plans and offices: Use and Urban Monitoring Group; and
a) Environmental, Programs, a) Policy Development Planning and e) Legal and Support and
Land Use and Coordination, and Program a. Policy Development Development; Services Group.
Urban Planning Monitoring and Coordination, and Program (b) Community
and Development; Evaluation; Monitoring, and Coordination, Development;
b) Community (2) Environmental, Land Evaluation Bureau; Monitoring, and (c) Plans, Policies,
Development Use and Urban b) Environmental, Land Evaluation Bureau; Programs and
Page 36 of 81
Villanueva
c) Plans, Policies, Planning and Use and Urban b. Environmental, Land Monitoring Group;
Programs and Development; Planning and Use and Urban and
Monitoring Group; (3) Regulation of Real Development Bureau; Planning and (d) Legal and Support and
and Estate Development; c) Housing and Real Development Bureau; Services Group.
d) Legal and Support and Estate Development c. Housing and Real
and Services (4) Homeowners, Bureau; Estate Development
Group. Homeowners d) Homeowners, Bureau;
Associations and Homeowners d. Homeowners,
Community Associations, and Homeowners
Development. Community Associations, and
Development Bureau; Community There shall be Regional
and Development Bureau; Offices in all the countrys
e) Legal and Support and administrative regions
There shall be There shall be Regional Services. e. Legal and Support which shall be headed by a
Regional Offices in all the Offices in all of the Services. Regional Director.
country's administrative countrys regions. Each There shall be Regional
regions which shall be Regional Office shall be Offices in all administrative There shall be a
headed by a Regional headed by a Regional regions, headed by a Regional Office in all
Director. Director. Regional Director. administrative regions,
headed by a Regional
Director. In addition to the
existing functions of the
HUDCC and the HLURB,
the Regional Office shall
perform such other
functions as may be
delegated by the Secretary.
Sec. 11. Staffing Pattern - SEC. 10. Staffing Pattern. SEC. 11. Staffing Pattern. SEC. 11. Staffing SEC. 11. Staffing Pattern. Suggestion: The Secretary shall
The Secretary shall cause The Secretary shall The development of the Pattern. The The Secretary shall cause cause the preparation and
the preparation and cause the preparation and Departments staffing development of the the preparation and implementation of a staffing pattern
implementation of a implementation of a staffing pattern shall be based on Departments staffing implementation of a staffing for the Department. The
staffing pattern for the pattern for the Department. an assessment of the pattern shall be based on pattern for the Department. development of the staffing pattern
Department. The The development of the personnel requirements of an assessment of the The development of the shall be based on an assessment of
development of the staffing staffing pattern shall be the entire Department by personnel requirements of staffing pattern shall be the personnel requirements of the
pattern shall be based on based on an assessment of the Secretary and as the entire Department by based on an assessment of entire Department, and in
an assessment of the the personnel requirements approved by the the Secretary and as the personnel requirements accordance with legislation on
personnel requirements of of the entire Department. Department of Budget and approved by the of the entire Department. government positions with
the entire Department. The The remuneration structure Management (DBM). The Department of Budget and The remuneration structure environmental/urban planning and
remuneration structure of of the positions in the remuneration structure of Management (DBM). The of the positions in the housing functions.* The
Page 37 of 81
Villanueva
the positions in the staffing staffing pattern shall the positions and the remuneration structure of staffing patter shall conform remuneration...
pattern shall conform to the conform to the provisions of staffing pattern shall strictly the positions and the to the provisions of
provisions of Republic Act Republic Act No. 6758, conform to the Salary staffing pattern shall strictly Republic Act No. 6758, *Please refer to the Environmental
24 No. 6758, otherwise otherwise known as the Standardization Law, as conform to the Salary otherwise known as the Planning Act (RA 10587), Sec 38.
known as the Salary Salary Standardization amended. Standardization Law, as Salary Standardization Positions in Government with
Standardization Law, as Law, as amended. The amended. Law, as amended. The Environmental Planning
amended. The Department Department of Budget and Department of Budget and Functions - The Civil Service
of Budget and Management (DBM) shall, Management (DBM) shall, Commission shall set qualification
Management (DBM) shall, upon its approval, fund in upon its approval, fund in standards for environmental
upon its approval, fund in full the staffing pattern of full the staffing pattern of planners at various levels of
full the staffing pattern of the Department. the Department. government service, including
the Department. government-owned and controlled
corporations and other entities. After
a lapse of five years from effectivity
of RA 10587, only registered and
licensed environmental planners
shall be appointed to the positions
of heads and assistant heads of
groups, departments, divisions in
government offices, agencies,
bureaus and instrumentalities
thereof, including government
owned and controlled corporations,
provinces, cities and municipalities,
and such other positions which
require the knowledge, skills and
competence and qualifications of
registered and licensed
environmental planner.
Appointments made thereafter in
violation hereof shall be considered
null and void.
SEC. 11. Advisory Suggestion: The Secretary shall

Council. The Secretary have the power to establish
shall have the power to advisory councils consisting of the
establish advisory councils Secretaries and other heads from
consisting of the national government agencies and
Secretaries and other local government units,
Page 38 of 81
Villanueva
heads from national representatives from the private
government agencies and sector including private developers
local government units, associations, urban poor
representatives from the communities, accredited
private sector including professional organizations,
private developers academe, and other marginalized
associations, urban poor groups, to provide a forum for
communities, academe, stakeholder participation and
and other marginalized dialogue on key housing and urban
groups, to provide a forum development policies, issues and
for stakeholder participation concerns. Such councils shall be
and dialogue on key convened and chaired by the
housing and urban Secretary of the Department of
development policies, Housing and Urban Development.
issues and concerns. Such
councils shall be convened
and chaired by the
Secretary of the
Department of Housing and
Urban Development.
CHAPTER IV CHAPTER IV CHAPTER IV CHAPTER IV
HUMAN SETLLEMENTS ADJUDICATION HUMAN SETTLEMENTS HUMAN SETTLEMENTS
ADJUCATORY COMMISSION FOR ADJUDICATORY ADJUDICATORY
COMMISSION HOUSING, LAND USE COMMISSION COMMISSION
AND URBAN
DEVELOPMENT SEC. 12. Reconstitution
Sec. 12. Reconstitution SEC. 12. Reconstitution SEC. 12. Of The HLURB As The
of the HLURB as tile SEC. 12. of the HLURB as the Reorganization of the Human Settlements
Human Settlements Reconstitution of the Human Settlements HLURB as the Human Adjudicatory
Adjucatory Commission HLURB as the Adjudicatory Settlements Adjudicatory Commission (HSAC). The
(HSAC). - The HLURB is Adjudication Commission (HSAC). The Commission (HSAC). HLURB is hereby
hereby reconstituted and Commission for HLURB is hereby The HLURB is hereby reconstituted as the Human
shall henceforth be known Housing, Land Use and reconstituted and shall reorganized and shall Settlements Adjudicatory
as the Human Settlements Urban Development henceforth be known as the henceforth be known as the Commission (the
Adjudicatory Commission, (Commission). The Human Settlements Human Settlements Commission), which shall
hereinafter referred to as HLURB is hereby Adjudicatory Commission Adjudicatory Commission be attached with the
the "Commission" which reconstituted and shall (HSAC), hereinafter (HSAC), which shall Department for policy, plan
shall be attached with the henceforth be known as the referred to the HSAC, operate as an independent and program coordination
Department for policy, plan Adjudication Commission which shall operate as an Commission within the only.
Page 39 of 81
Villanueva
and program coordination for Housing, Land Use and Independent Commission Department.
only. Urban Development, within the Department.
hereinafter referred to
Commission, which shall The HSAC is a The HSAC shall be
be attached with the quasi-judicial body with a quasi-judicial body with
Department for policy, plan original and exclusive original and exclusive
and program coordination jurisdiction over all issues jurisdiction over all issues
only. and controversies arising and controversies arising
from interpretation and from the interpretation and
implementation of Republic implementation of Republic
Act No. 7279, otherwise Act No. 7279, otherwise
known as the Urban known as the Urban
Development and Housing Development and Housing
Act of 1992, all Act of 1992 (UDHA), all
amendments thereto, and amendments thereto, and
its implementing rules and its implementing rules and
regulations (IRR). regulations (IRR).
Sec. 13. Transfer of SEC. 13. Assumption SEC. 13. Transfer of SEC. 13. Transfer SEC. 13. Transfer Of
Adjucatory Function of and Exercise of Adjudicatory Function of of Adjudicatory Function Adjudicatory Function Of
the HLURB to the HSAC. Adjudication Function of the HLURB to the HSAC. of the HLURB to the The HLURB To The
- The adjudication function the Housing and Land The adjudicatory function of HSAC. The adjudicatory HSAC. The adjudication
of the HLURB shall be Use Regulatory Board the HLURB is hereby function of the HLURB is function of the HLURB shall
assumed and exercised by (HLURB) to the transferred to the HSAC. hereby transferred to the be assumed and exercised
the Commission. Commission. The HSAC. by the Commission.
adjudication function of the
HLURB shall be assumed
and exercised by the
Commission.
Sec. 14. Composition and SEC. 14. Composition of SEC. 14. Composition SEC. 14. SEC. 14. Composition Comment/Suggestion:
Qualifications of the Commission and and Qualification of Composition and And Qualifications of
Members. - The Qualification of Members. The HSAC shall Qualification of Members. Members. The a) Adopt SBN 952, with
Commission shall be Commissioners. The be composed of the The HSAC shall be Commission shall be enhancement:
composed of nine (9) full- Commission shall be Secretary and nine (9) composed of the Secretary composed of nine (9) full
time commissioners; composed of nine (9) full-time Commissioners: and nine (9) full time time commissioners; xxx three Commissioners shall also
Provided, that the term of full-time commissioners: Provided, That the term of Commissioners: Provided, provided that, the term of be licensed environmental/urban
incumbent Commissioners Provided, That the term of incumbent Commissioners That the term of the incumbent Commissioners planners, with experience in urban
shall be respected; incumbent Commissioners shall be respected: incumbent Commissioners shall be respected; development planning, sustainable
Provided further, that the shall be respected: Provided further, That the shall be respected: provided further, that the development, climate change
Page 40 of 81
Villanueva
subsequent appointees of Provided further, That the subsequent appointees of Provided, further, That the subsequent appointees of adaptation, and disaster risk
the President shall be subsequent appointees of the President shall be subsequent appointees of the President shall be reduction; xxx
members of the Philippine the President shall be members of the Philippine the President shall be members of the Philippine
Bar of good standing and members of the Philippine Bar, of which three (3) members of the Philippine Bar of good standing and OR
has been engaged in the Bar of good standing and Commissioners shall have Bar, of which three (3) has been engaged in the
practice of law for at least has been engaged in the experience in urban Commissioners shall have practice of law for at least b) Expand membership to include
ten (10) years with practice of law for at least development planning, experience in urban ten (10) years with non-lawyers that have in-depth
experience and/or ten (10) years with sustainable development, development planning, experience and/or understanding and professional
exposure in housing and/or experience and/or climate change adaptation, sustainable development, exposure in housing and/or experience in the field of housing
urban development. The exposure in housing and/or and disaster risk reduction; climate change adaptation, urban development. and urban development. The
Commissioners shall hold urban development. three (3) shall be nominees and disaster risk reduction; complex nature of housing and
office for a period of six (6) of the urban poor and three (3) shall be nominees urban development necessitates a
years, unless earlier homeowners associations; of the urban poor and mix of professions that would
removed for cause. The and three (3) shall come homeowners associations; complement each other, ensuring
Department Secretary shall from the private sector. and three (3) shall come that core competencies for housing
be the Ex-Officio Chairman from the private sector. and/or urban development are
of the Commission. The represented.
Commissioners must have The
been engaged in the Commissioners must have
practice of law for a period been engaged in the
of at least five (5) years practice of law for a period
prior to their appointment. of at least five (5) years
The Commissioners shall prior to their appointment. The Commissioners shall
hold office for a period of The hold office for a period of
six (6) years, unless earlier Commissioners shall hold The six (6) years, unless earlier
removed for cause. office for a period of six (6) Commissioners shall hold removed for cause. The
years or until they become office for six (6) years or Department Secretary shall
The Department Secretary incapacitated to discharge until they become be the ex-officio chairman
shall be the Ex-Officio the duties of their office, incapacitated to discharge of the Commission.
Chairman of the whichever comes earlier. the duties of their office,
Commission. whichever comes earlier.
No person who has
been convicted of a crime No person who has
involving moral turpitude been convicted of a crime
shall be appointed at any involving moral turpitude
time as a Member of the shall be appointed at any
HSAC. time as a Member of the
HSAC.
The most senior
Page 41 of 81
Villanueva
Commissioner shall be the
Presiding Commissioner of The most senior
the First Division and the Commissioner shall be the
two (2) next senior Presiding Commissioner of
Members shall be the the First Division and the
Presiding Commissioners two (2) next senior
of the Second and Third Members shall be the
Divisions, respectively: Presiding Commissioners
Provided, That each of the Second and Third
Division that shall be Divisions, respectively:
composed of three (3) Provided, That each
members shall have one Division that shall be
(1) member representing composed of three (3)
the urban poor members shall have one
communities or the (1) member representing
homeowners and the urban poor
homeowners associations. communities or the
homeowners and
For purposes of homeowners associations.
this Act, precedence in
seniority shall be For purposes of
determined in the order in this Act, precedence in
which the appointments seniority shall be
were issued by the determined in the order in
President. which the appointments
were issued by the
President.
Sec. 15. Collegiality, SEC. 15. Collegiality, SEC. 15. Exercise of SEC. 15. Exercise SEC. 15. Collegiality,
Divisions, and Sessions - Divisions, and Sessions. Adjudicatory Function of Adjudicatory Function Divisions And Sessions.
The Commission shall The Commission shall and Other Powers. The and Other Powers. The The Commission shall
exercise its adjudicatory exercise its adjudicatory HSAC, sitting en banc and HSAC, sitting en banc and exercise its adjudicatory
and all other powers, and all other powers, presided over by the presided over by the and all other powers,
functions, and duties functions, and duties Secretary, shall promulgate Secretary, shall promulgate functions and duties
through its Divisions. The through its Divisions. the rules and regulations the rules and regulations through its divisions. The
Divisions of the governing the hearing and governing the hearing and divisions of the
Commission shall have The Commission, sitting en disposition of cases before disposition of cases before Commission shall have
exclusive appellate banc, shall be presided any of its Divisions and its any of its Divisions and its exclusive appellate
jurisdiction over cases over by the Secretary and arbiters in its Regional arbiters in its Regional jurisdiction over cases
decided by its Arbiters. The shall decide only on the Officers, and shall Offices, and shall formulate decided by its arbiters. The
Page 42 of 81
Villanueva
Commission, sitting en promulgation of rules formulate policies effecting policies effecting its Commission, sitting en
banc, shall be presided and regulations its administration and administration and banc, shall be presided
over by the Secretary and governing the hearing operations. operations. over by the Secretary and
shall decide only on the and disposition of cases shall decide only on the
promulgation of rules and before any of its Divisions The HSAC shall The Division of the promulgation of rules and
regulations governing the and its Arbiters in its exercise its adjudicatory HSAC shall have exclusive regulations governing the
hearing and disposition of Regional Offices, and on and all other powers, appellate jurisdiction over hearing and disposition of
cases before any of its the formulation of policies functions, and duties cases decided by its cases before any of its
Divisions and its Arbiters in affecting its administration through its Divisions. The Arbiters. divisions and its arbiters in
its Regional Offices, and and operations. Divisions of the HSAC shall its regional offices, and on
on the formulation of have exclusive appellate The HSAC sitting the formulation of policies
policies affecting its jurisdiction over cases en banc may, on temporary affecting its administration
administration and decided by its Arbiters. or emergency basis, allow and operations.
operations. cases within the jurisdiction
The HSAC sitting of any Division to be heard
en banc may, on temporary and decided by any other
or emergency basis, allow Division whose docket
cases within the jurisdiction allows the additional
of any Division to be heard workload: Provided, That
and decided by any other the transfer shall not
Division whose docket expose litigants to
allows the additional unnecessary additional
workload: Provided, That expense.
the transfer shall not
expose litigants to The HSAC sitting
unnecessary additional en banc may designate any
expense. Commissioner who shall
exercise administrative
The HSAC sitting supervision over the HSAC
en banc may designate any and its Regional branches
Commissioner who shall and all their personnel,
exercise administrative including the Arbiters.
supervision over the HSAC
and its Regional branches The HSAC shall be
and all their personnel, assisted by the Board
including the Arbiters. Secretary, which shall
perform such similar or
The HSAC shall be equivalent functions of the
assisted by the Board Board Secretary of the
Page 43 of 81
Villanueva
Secretariat which shall HLURB.
perform such similar or
equivalent functions of the
Board Secretary of the
HLURB.
Sec. 16. Decisions and SEC. 17. Decisions and SEC. 16. Decisions and SEC. 16. SEC. 16. Decisions And
Resolutions - The Resolutions. The Resolutions. The Decisions and Resolutions. The
concurrence of two (2) concurrence of two (2) concurrence of two (2) Resolutions. The concurrence of two (2)
Commissioners of a Commissioners of a Commissioners of a concurrence of two (2) Commissioners of a
division shall be necessary Division shall be necessary Division shall be necessary Commissioners of a division shall be necessary
for the pronouncement of a for the promulgation of a for the pronouncement of a Division shall be necessary for the pronouncement of a
judgment or resolution. judgment or resolution. judgment or resolution. for the pronouncement of a judgment or resolution.
Whenever the required Whenever the required judgment or resolution. Whenever the required
membership in a Division is Whenever the required membership in a Division Whenever the required membership in a division is
not complete and the membership in a Division is not complete and the membership in a Division is not complete and the
concurrence of two (2) is not complete and the concurrence of two (2) not complete and the concurrence of two (2)
Commissioners to arrive at concurrence of two (2) Commissioners to arrive concurrence of two (2) Commissioners to arrive at
a judgment or resolution Commissioners to arrive at at a judgment or resolution Commissioners to arrive at a judgment or resolution
cannot be obtained, the a judgment or resolution cannot be obtained, the a judgment or resolution cannot be obtained, the
most senior Commissioner cannot be obtained, the most senior Commissioner cannot be obtained, the most senior commissioner
shall designate into the Executive Commissioner shall designate into the most senior Commissioner shall designate into the
division such number of shall designate into the Division such number of shall designate into the division such number of
additional Commissioners Division such number of additional Commissioners Division such number of additional Commissioners
from the other divisions as additional Commissioners from the other Divisions as additional Commissioners from the other divisions as
may be necessary. from the other Divisions, as may be necessary. from the other Divisions as may be necessary.
may be necessary. may be necessary.
The conclusions of a
The conclusion of Division on any case The conclusions of The conclusion of a
a Division on any cases submitted to it for decision a Division on any case The conclusions of Division on any cases
submitted to it for decision shall be reached in submitted to it for decision a Division on any case submitted to it for decision
shall be reached in consultation before the shall be reached in submitted to it for decision shall be reached in
consultation before the case is assigned to a consultation before the shall be reached through consultation before the
case is assigned to a Commissioner for the case is assigned to a consultation before the case is assigned to a
Member for writing of the writing of the decision. It Commissioner for the case is assigned to a member for writing of the
decision. It shall be shall be mandatory for writing of the decision. It Member for the writing of decision. It shall be
mandatory for the Division the Division to meet for shall be mandatory for the decision. It shall be mandatory for the division
to meet the purposes of the purposes of the the Division to meet for mandatory for the Division to meet the purposes of the
consultation ordained consultation ordained purposes of the to meet for purposes of the consultation ordained
herein. A certification to herein. A certification to consultation ordained consultation ordained herein. A certification to this
Page 44 of 81
Villanueva
this effect by the presiding this effect signed by the herein. A certification to herein. A certification to this effect by the presiding
Commissioner of the presiding Commissioner of this effect signed by the effect, signed by the Commissioner of the
division shall be issued and the Division shall be Presiding Commissioner of Presiding Commissioner of division shall be issued and
a copy thereof attached to issued and a copy thereof the Division, shall be the Division, shall be issued a copy thereof attached to
the record of the case and attached to the record of issued and a copy shall be and a copy shall be the record of the case and
served upon the parties. the case and served upon attached to the record of attached to the record of served upon the parties.
the parties. the case and served upon the case and served upon
the parties. the parties.
Sec. 17. Precedence and SEC. 16. Precedence and SEC. 17. Precedence And
Supervision - The most Supervision. The most Supervision. The most
senior Commissioner shall senior Commissioner shall senior Commissioner shall
be the Presiding be the presiding be the Presiding
Commissioner of the first Commissioner of the first Commissioner of the first
Division and the two (2) Division and the two (2) division and the two (2)
next senior Members shall next most senior next senior members shall
be the Presiding Commissioners shall be the be the Presiding
Commissioners of the presiding Commissioners of Commissioners of the
second and third Divisions, the second and third second and third divisions,
respectively. Divisions, respectively. respectively.
The Commission en banc

The Commission shall have administrative The Commission sitting en
sitting en banc may supervision over the banc may designate any
designate any Commission and its Commissioner who shall
Commissioner who shall Regional Offices and all have administrative
have administrative their personnel, including supervision over the
supervision over the the Arbiters. Commission and its
Commission and its regional branches and all
Regional branches and all their personnel, including
their personnel, including the arbiters.
the Arbiters.
The Commission shall be
The Commission assisted by the Board
shall be assisted by the secretariat which shall
Board Secretariat which perform such similar or
shall perform such similar equivalent functions of the
or equivalent functions of Board Secretary of the
the Board Secretary of the HLURB.
Page 45 of 81
Villanueva
HLURB.
Sec. 18. Compensation SEC. 21. SEC. 17. Compensation. SEC. 17. SEC. 18. Compensation.
A Commissioner shall Compensation. A A Commissioner shall Compensation. A A Commissioner shall
receive an annual salary at Commissioner shall receive receive an annual salary of Commissioner shall receive receive an annual salary at
least equivalent to an a minimum monthly at least equivalent to an an annual salary of at least least equivalent to an
Undersecretary. compensation Undersecretary. equivalent to an undersecretary.
corresponding to Salary Undersecretary.
Grade 30 as prescribed
under Republic Act No.
The incumbent full 6758, as amended. The incumbent full The incumbent full time
time Commissioners of the time Commissioners of the The incumbent full Commissioners of the
present HLURB shall The incumbent full time present HLURB pursuant to time Commissioners of the present HLURB shall
remain in office unless they Commissioners of the Executive Order No. 648, present HLURB pursuant to remain in office unless they
opt to avail of the present HLURB shall Series of 1981 Executive Order No. 648, opt to avail of the
retirement and separation remain in office unless Reorganizing the Human Series of 1981 retirement and separation
benefits as provided for in they opt to avail of the Settlements Regulatory Reorganizing the Human benefits as provided for in
Sec. 34 of its Act or are retirement and separation Commission shall remain Settlements Regulatory this Act or are sooner
sooner removed for cause. benefits as provided for in in office unless they opt to Commission shall remain removed for cause.
Section 34 of this Act or avail of the retirement and in office unless they opt to
are earlier removed for separation benefits as avail of the retirement and
cause. provided for in Section 33 separation benefits as
of this Act, or are sooner provided for in Section 33
removed for cause. of this Act, or are sooner
removed for cause.
Sec. 19. Jurisdiction of SEC. 18. Jurisdiction of SEC. 18. Jurisdiction. In SEC. 18. SEC. 19. Jurisdiction Of Comment: On Disputes involving
Arbiters - The Arbiters Arbiters. The Arbiters addition to the existing Jurisdiction. In addition Arbiters. The arbiters shall the enforcement of comprehensive
shall exercise exclusive shall exercise exclusive jurisdiction of the HLURB, to the existing jurisdiction of exercise exclusive land use plans (CLUPs) and/or their
jurisdiction to hear and jurisdiction to hear and the Arbiters shall exercise the HLURB, the Arbiters jurisdiction to hear and accompanying zoning ordinances.
decide cases involving the decide cases involving the original and exclusive shall exercise original and decide cases involving the is this applicable also to erring
following: following: jurisdiction over cases exclusive jurisdiction over following: LGUs that allow development
involving the following cases involving the projects contrary to national
matters: following matters: (a) Claims for refund, government policies?
a. Claims for refund, a. Claims for refund, a) Cases involving real a. Violation of the complaints against
complaints against complaints against estate properties, mandatory unsound real estate
unsound real estate unsound real estate subdivisions, and requirements in the business practices
business practices business practices condominiums: execution of and other actions for
and other actions for and other actions for 1) Squatting on eviction or specific performance
specific performance specific performance subdivision demolition involving of contractual and
of contractual and of contractual and lots and underprivileged and statutory obligations
Page 46 of 81
Villanueva
statutory obligations statutory obligations condominium homeless citizens filed by subdivision
filed by subdivision lot filed by subdivision lot units; under Section 28 lot or condominium
or condominium unit or condominium unit 2) Cases arising on Eviction and unit buyer against the
buyer against the buyer against the from any Demolition under project owner,
project owner, project owner, violation of the UDHA; developer, dealer,
developer, dealer, developer, dealer, mandatory broker or salesman,
broker or salesman; broker or salesman; requirements b. Disputes involving and other complaints
and other complaints and other complaints in the buyer financing for violation of
for violation of for violation of execution of agreements with Presidential Decree
Presidential Decree 8 Presidential Decree eviction or any financing No. 957 and other
No. 957 and other No. 957 and other demolition institution for related laws;
related laws; related laws; involving condominium or
underprivilege subdivision (b) Intra-association
b. Intra-association b. Intra-association d and projects; disputes or
disputes or disputes or homeless c. Intra-corporate controversies arising
controversies arising controversies arising citizens under disputes involving out of the relations
out of the relations out of the relations Section 28 on condominium between and among
between and among between and among Eviction and corporations; members of
members of members of Demolition of d. Disputes involving homeowners
homeowners homeowners Republic Act the enforcement of associations or
associations or associations or No. 7279, Comprehensive condominium
condominium condominium otherwise Land Use Plans corporations,
corporations; between corporations; between known as the (CLUPs); between any or all of
any or all of them and any or all of them and Urban e. Violations of them and the
the homeowners the homeowners Development Section 7, 8, and homeowners
association or association or and Housing 18 of UDHA and association or
condominium condominium Act of 1992; its rules and condominium
corporation of which corporation of which 3) Disputes regulations; corporation of which
they are members, they are members, involving f. Unsound and they are members,
including federations including federations buyer fraudulent real including federations
of homeowners of homeowners financing estate business of homeowners
associations; associations; agreements practices; associations;
with any g. Refund actions
c. Inter-association c. Inter-association financing against project (c) Inter-association
disputes or disputes or institution for owners, disputes or
controversies among controversies arising condominium developers, controversies arising
out of the corporate out of the corporate or subdivision dealers, brokers, or out of or in
relations between and relations between and projects; salespersons; connection with the
among two or more among two or more 4) Easements of h. Specific corporate relations
Page 47 of 81
Villanueva
homeowners homeowners right of way in performance of between and among
associations or associations or subdivisions; contractual and two or more
condominium condominium 5) Intra- statutory homeowners
corporations or corporations or corporate obligations filed by associations or
federations; federations; disputes buyers of condominium
involving subdivision lots, or corporations or
d. Disputes between d. Disputes between condominium house and lots, or federations;
such homeowners such homeowners corporations; of condominium
association or association or 6) Disputes units against the (d) Disputes between such
condominium condominium between project owner, homeowners
corporation and the corporation and the landowners developer, dealer, association or
State, insofar as it State, insofar as it and broker or condominium
concerns their concerns their developers, salesperson; corporation and the
individual franchise or individual franchise or and between i. Nullity of mortgage State, insofar as it
right to exist and right to exist and banks/financin filed by the unit concerns their
those which are those which are g institutions buyer against the individual franchise
intrinsically connected intrinsically connected and developer as or right to exist and
with the regulation of with the regulation of developers mortgagor and the those which are
homeowners homeowners whenever the financial institution intrinsically
associations and associations and interest of as mortgage; connected with the
condominium condominium buyers is j. Other related cases regulation of
corporations or corporations or involved; and arising from homeowners
dealing with the dealing with the 7) Disputes contractual or associations and
internal affairs of such internal affairs of such involving the statury obligations condominium
entity; entity; enforcement of owners, dealers, corporations or
of brokers, or dealing with the
e. Suits filed in e. Suits filed in Comprehensiv salespersons internal affairs of
opposition to an opposition to an e Land Use toward a lot ir such entity;
application for application for Plans house and lot or
certificate of certificate of (CLUPs). unit buyers; and (e) Suits filed in opposition
registration and registration and k. Intra and to an application for
license to sell, license to sell, b) Violations of intercorporate certificate of
development permit development permit administrative rules disputes between registration and
for condominium for condominium and regulations and among license to sell,
projects, clearance to projects, clearance to implementing Section homeowners development permit
mortgage, or the mortgage, or the 7 on Inventory of associations. for condominium
revocation or revocation or Lands, Section 8 on projects, clearance to
cancellation thereof, cancellation thereof, Identification of Sites mortgage, or the
and locational and locational for Socialized revocation or
Page 48 of 81
Villanueva
clearances, clearances, Housing, Section 18 cancellation thereof,
certifications or certifications or on Balanced Housing and locational
permits, when issued permits, when issued Development, and clearances,
by the HLURB/the by the HLURB/the Section 28 on certificates or
Department; Department; Eviction and permits, when issued
Demolition of by the HLURB/ the
f. Suits filed by the f. Suits filed by the Republic Act No. Department;
project project 7279.
owner/developer owner/developer (f) Suits filed by the project
against a buyer for against a buyer for the c) Cases submitted by owner/developer
the collection of collection of unpaid parties which shall be against a buyer for
unpaid amortization, amortization, heard and decided the collection of
cancellation of cancellation of within ninety (90) unpaid amortization,
contract and/or contract and/or days: cancellation of
ejectment. ejectment. contract and/or
1) Unsound and ejectment;
g. Eviction of informal g. Eviction of informal fraudulent real
settlers in open settlers in open estate business (g) Eviction of informal
spaces or common spaces or common practices; settlers in open
areas of subdivisions areas of subdivisions 2) Claims for spaces or common
and condominiums and condominiums refund against areas of subdivisions
filed by the project filed by the project project owners, and condominiums
owner or developer or owner or developer or developers, filed by the project
the duly registered the duly registered dealers, owner or developer
homeowners homeowners brokers, or or the duly registered
association or association or salespersons; homeowners
condominium condominium association or
corporation of the corporation of the 3) Specific condominium
project; project; performance of corporation of the
contractual and project;
h. Disputes involving statutory
h. Disputes involving buyer financing obligations filed (h) Disputes involving
buyer financing agreements with any by buyers of buyer financing
agreements with any financing institution subdivision lots, agreements with any
financing institution for the purchase of or house and financing institution
for the purchase of condominium units or lots, or of for the purchase of
condominium units or subdivision lots; condominium condominium units or
subdivision lots; units against the subdivision lots;
i. Disputes involving project owner,
Page 49 of 81
Villanueva
i. Disputes involving easements within or developer, (i) Disputes involving
easements within or among subdivision dealer, broker or easements within or
among subdivision projects. salesperson; among subdivision
projects. 4) Cases for nullity projects;
j. Violations of of mortgage
administrative rules filed by the unit (j) Violations of
j. Violations of and regulations buyer against administrative rules
administrative rules implementing the developer as and regulations
and regulations Sections 7, 8 and 18 mortgagor and implementing
implementing of Republic Act No. the financial Sections 7, 8 and 18
Sections 7, 8 and 18 7279. institution as of Republic Act No.
of Republic Act No. k. Disputes between mortgagee; 7279;
7279. landowners and 5) Cases filed by
developers, and subdivision or (k) Disputes between
k. Disputes between between condominium landowners and
landowners and banks/financing owners or developers, and
developers; and institutions and developers between
between developers against lot or banks/financing
banks/financing whenever the unit buyers institutions and
institutions and interest of the buyers relating to developers whenever
developers whenever is involved; and subdivision and the interest of the
the interest of the condominium buyers is involved;
buyers is involved; l. Disputes involving contracts, but
the enforcement of not limited to, (l) Disputes involving the
I. Disputes involving the comprehensive land the collection of enforcement of
enforcement of use plans (CLUPs) unpaid comprehensive land
comprehensive land and/or their amortizations; use plans (CLUPs)
use plans (CLUPs) accompanying 6) Other related and/or their
and/or their zoning ordinances. cases arising accompanying
accompanying zoning from contractual zoning ordinances;
ordinances. or statutory and
obligations of
m. Such other actions as owners, dealers, (m) Such other actions as
may be provided by brokers, or may be provided by
law. salespersons law.
toward a lot or
house and lot or
unit buyers; and
7) Intra and
Page 50 of 81
Villanueva
intercorporate
disputes
between and
among
homeowners
associations.
The Secretary may

assume jurisdiction over
any compliant or case and
decide the same or certify
such case for decision to
the HSAC, when authorized
by both Houses of
Congress through a
resolution, if the
controversy involves
massive fraud or unsound
business practices of
critical socioeconomic or
environmental
considerations that may
have serious potential
impact on the interests of
the sector or the general
welfare.
Sec. 20. Jurisdiction of SEC. 19. Jurisdiction of SEC. 20. Jurisdiction of
the Commission and the the Commission and the the Commission and the
Secretary. The Secretary. The Secretary. The
Commission shall have the Commission shall have the Commission shall have the
exclusive appellate exclusive appellate exclusive appellate
jurisdiction over all cases jurisdiction over all cases jurisdiction over all cases
decided by the Arbiters. decided by the Arbiters. decided by the arbiters.
The decision of the The decision of the
Commission shall be final The decision of the Commission shall be final
and executory after fifteen Commission shall be final and executory after fifteen
(15) calendar days from and executory after fifteen (15) calendar days from
receipt thereof by the (15) calendar days from receipt thereof by the
parties. The Secretary may receipt thereof by the parties. The Secretary may
Page 51 of 81
Villanueva
assume jurisdiction over parties. assume jurisdiction over a
any complaint or case and complaint or case and
decide the same or certify The Secretary may assume decide the same or certify
such case for decision to jurisdiction over any such case for decision to
the Commission if the complaint or case and the Commission if the
controversy involves decide the same or certify controversy involved
massive real estate fraud such case for decision to massive real estate fraud or
or unsound business the Commission if the unsound business practices
practices of critical socio- controversy involves of critical socio-economic or
economic or environmental massive real estate fraud or environmental
considerations that may unsound business practices considerations that may
have serious potential of critical socio-economic or have serious potential
impact on the interests of environmental impact on the interests of
the sector or the general considerations that may the sector or the general
welfare. have serious potential welfare.
impact on the interests of
the sector or the general
welfare.
Sec. 21. Powers and SEC. 20. Powers of the SEC. 19. Powers and SEC. 19. Powers SEC. 21. Powers and
Authorities of the Commission. The Authorities of the HSAC. and Authorities of the Authorities of the
Commission - The Commission shall have the In addition to the HSAC. In addition to the Commission. The
Commission shall have the power and authority: adjudicatory powers given adjudicatory powers given Commission shall have the
power and authority: to the HLURB, the HSAC to the HLURB, the HSAC following powers and
shall: shall: authorities:
a) To issue writs, and 20.1. To promulgate rules a. Issue writs and
orders prohibiting and regulations a) Issue writs and orders prohibiting (a) To issue writs and
demolitions, seizures governing the orders prohibiting demolitions, orders prohibiting
or closures of hearing and demolitions, seizures, or demolitions, seizures or
property including disposition of cases seizures, or closures of property closures of property
temporary writs or before it and its closures of property including temporary including temporary writs or
orders restraining Arbiters, as well as including temporary writs or orders orders restraining
demolitions, seizures those necessary to writs or orders restraining demolitions, seizures or
or closures of carry out its restraining demolitions, closures of property;
property; functions; demolitions, seizures, and
seizures, and closures of
b) To issue writs and 20.2. To administer oaths, closures of property; (b) To issue writs and
orders to execute summon the parties property; orders to execute
demolitions or to a controversy, b. Issue writs and demolitions or seizures or
seizures or property issue subpoenas b) Issue writs and orders to execute property in accordance with
Page 52 of 81
Villanueva
in accordance with its requiring the orders to execute demolitions, its decision or judgment;
decision or judgment. attendance and demolitions, seizures, or
testimony of seizures, or closures of property (c) To impose
c) To impose witnesses or the closures of property in accordance with administrative fines and/or
administrative fines production of such in accordance with its decision or penalties for violation of
and/or penalties for books, papers, its decision or judgment; Republic Act No. 7279, as
violation of R.A. No. contracts, records, judgment; amended, and other laws
7279, as amended, statement of c) Impose c. Impose implemented by the
and other laws accounts, administrative fines administrative fines Commission, including
implemented by the agreements, and or penalties, or or penalties, for pertinent rules and
Commission, others as may be both, for violation of violation of UDHA regulations, orders,
including pertinent material to a just Republic Act No. and other laws decisions and/or rulings
rules and regulations, determination of the 7279, as amended, implemented by the provided that, the
orders, decisions case; and other laws HSAC, including Commission may adjust
and/or rulings: implemented by the pertinent rules and such fines not more than
Provided, That the 20.3. To hold any person HSAC, including regulations, orders, once every three (3) years;
Commission may in contempt directly pertinent rules and decisions, or and
adjust such fines not or indirectly and regulations, orders, rulings; and
more than once every impose appropriate decisions, or (d) To exercise powers
three (3) years; and penalties therefor in rulings: Provided, d. Exercise such other granted to the Commission
accordance with That the HSAC powers as are or to achieve the objectives
d) To exercise powers law. may adjust such implied, necessary, and purposes of this Act,
granted to the fines not more than or incidental to and other laws
Commission or to A person guilty of once every three carry out the implemented by the
achieve the misbehavior in the (3) years; and express powers Commission.
objectives and presence of or so granted to the
purposes of this Act, near any member d) Exercise such other HSAC or to achieve
and other laws of the Commission powers as are the objectives and
implemented by the or any Arbiter as to implied, necessary, purposes of this
Commission. obstruct or interrupt or incidental to Act, and other laws
the proceedings carry out the implemented by the
before the same, express powers HSAC.
including disrespect granted to the
toward said HSAC or to achieve
officials, offensive the objectives and
personalities purposes of this
toward others, or Act, and other laws
refusal to be sworn, implemented by the
or to answer as a HSAC.
Page 53 of 81
Villanueva
witness or to
subscribe an The decision of the
affidavit or Commission shall be final
deposition when and executory after fifteen
lawfully required to (15) calendar days from
do so, may be receipt thereof by the
summarily parties.
adjudged in direct
contempt by said The Secretary may
officials and assume jurisdiction over
punished by fine any complaint or case and
not exceeding Five decide the same or certify
thousand pesos such case for decision to
(P5,000.00) or the Commission if the
imprisonment not controversy involves
exceeding five (5) massive real estate fraud or
days, or both, if it unsound business practices
be the Commission, of critical socio-economic or
or a member environmental
thereof, or by a fine considerations that may
not exceeding One have serious potential
thousand pesos impact on the interests of
(P1,000.00) or the sector or the general
imprisonment not welfare.
exceeding one (1)
day, or both, if it be
an Arbiter.
The person
adjudged in direct
contempt by an
Arbiter may appeal
to the Commission
and the execution
of the judgment
shall be suspended
pending the
resolution of the
appeal upon the
Page 54 of 81
Villanueva
filing by such
person of a bond
on condition that
he/she will abide by
and perform the
judgment of the
Commission should
the appeal be
decided against
him/her. Judgment
of the Commission
on direct contempt
is immediately
executory and
unappealable.
Indirect contempt
shall be dealt with
by the Commission
or Arbiter in the
manner prescribed
under Rule 71 of
the Revised Rules
of Court (ROC);
and
20.4. To enjoin or
restrain, after due
notice and hearing,
any actual or
threatened
commission of any
or all prohibited or
unlawful acts or to
require the
performance of a
particular act in any
dispute within its
jurisdiction which, if
not restrained or
Page 55 of 81
Villanueva
performed
forthwith, may
cause grave or
irreparable damage
to any party or
render ineffectual
any decision in
favor of such party.
In no case shall a
temporary or
permanent
injunction be issued
except after a
finding of fact by
the Commission, to
the effect that:
a. Prohibited or
unlawful
acts have
been
threatened
and will be
committed
and will be
continued
unless
restrained,
but no
injunction or
temporary
restraining
order shall
be issued on
account of
any threat,
prohibited or
unlawful act,
except
against the
Page 56 of 81
Villanueva
person or
persons,
association
or
organization
making the
threat or
committing
the
prohibited or
unlawful act
or actually
authorizing
or ratifying
the same
after actual
knowledge
thereof;
b. Substantial
and
irreparable
injury to
complainant
s property
will follow;
c. As to each item
of relief to
be granted,
greater
injury will be
inflicted
upon
complainant
by the denial
of relief than
will be
inflicted
upon
defendants
Page 57 of 81
Villanueva
by the
granting of
relief;
d. Complainant
has no
adequate
remedy at
law; and,
e. Public officers
charged with
the duty to
protect
complainant
s property
are unable
or unwilling
to furnish
adequate
protection.
Such hearing shall be held

after due and personal
notice thereof has been
served, in such manner as
the Commission shall
direct, to all known persons
against whom relief is
sought, and also to the
Chief Executive and other
public officials of the
province or city within
which the unlawful acts
have been threatened or
committed, charged with
the duty to protect
complainants property:
Provided, however, That if
a complainant shall also
allege that, unless a
Page 58 of 81
Villanueva
temporary restraining order
shall be issued without
notice, a substantial and
irreparable injury to
complainants property will
be unavoidable, such a
may be issued upon
testimony under oath,
sufficient, if sustained, to
justify the Commission in
issuing a temporary
injunction. Such a
shall be effective for no
longer than twenty (20)
days and shall become void
at the expiration of said
twenty (20) days.
No such temporary
restraining order or
temporary injunction shall
be issued except on
condition that complainant
shall first file an
undertaking with adequate
security in an amount to be
fixed by the Commission
sufficient to recompense
those enjoined for any loss,
expense or damage caused
by the improvident or
erroneous issuance of such
order or injunction,
including all reasonable
costs, together with a
reasonable attorneys fee,
and expense of defense
Page 59 of 81
Villanueva
against the order or against
the granting of any
injunctive relief sought in
the same proceeding and
subsequently denied by the
Commission.
The undertaking herein

mentioned shall be
understood to constitute an
agreement entered into by
the complainant and the
surety upon which an order
may be rendered in the
same suit or proceeding
against said complainant
and surety, upon a hearing
to assess damages, of
which hearing, complainant
and surety shall have
reasonable notice, the said
complainant and surety
submitting themselves to
the jurisdiction of the
Commission for that
purpose. But nothing herein
contained shall deprive any
party having a claim or
cause of action under or
upon such undertaking
from electing to pursue
his/her ordinary remedy by
suit at law or in equity:
Provided further, That the
reception of evidence for
the application of a writ of
injunction may be
delegated by the
Commission to any of its
Page 60 of 81
Villanueva
Arbiters who shall conduct
such hearings in such
places as he/she may
determine to be accessible
to the parties and their
witnesses and shall submit
thereafter his/her
recommendation to the
Commission.
20.5. To exercise such

other powers as
are implied,
necessary, or
incidental to
carry out the
express powers
granted to the
Commission.
Authority is hereby
vested in the
Commission to
directly utilize the
income generated
from fees, fines,
charges, and other
collections in the
performance of its
functions, to
defray operating
expenses.
Sec. 22. Criminal SEC. 25. Criminal SEC. 20. Institution of SEC. 20. SEC. 22. Criminal
Prosecution - The criminal Prosecution. The Criminal Prosecution. The Institution of Criminal Prosecution. The criminal
prosecution for violation of criminal prosecution for criminal prosecution of Prosecution. The prosecution for violation of
housing laws and violation of housing laws violations of housing laws criminal prosecution of housing laws and
regulations shall be and regulations shall be and regulations shall be violations of housing laws regulations shall be
instituted before criminal instituted before criminal instituted before the and regulations shall be instituted before criminal
Courts having appropriate Courts having appropriate appropriate criminal courts. instituted before the courts having appropriate
Page 61 of 81
Villanueva
jurisdiction. jurisdiction. appropriate criminal courts. jurisdiction.
Sec. 23. The Arbiters - SEC. 22. The Arbiters, SEC. 21. The Arbiters: SEC. 21. The SEC. 23. Qualifications
Qualifications and Qualifications and Qualifications and Arbiters: Qualifications and Appointment of
Appointment. - The Compensation. The Appointment. The existing and Appointment. Arbiters. The existing
existing BLURB Arbiters existing HLURB Arbiters HLURB Arbiters shall be Arbiters shall be member of HLURB arbiters shall be
shall be deemed qualified. shall be deemed qualified. deemed qualified. the Philippine Bar for at deemed qualified.
Additional Arbiters should Additional Arbiters shall Henceforth, additional least three (3) years. Additional arbiters should
be a member of the have the following Arbiters that shall be be a member of the
Philippine Bar for at least qualifications: appointed must have been Philippine Bar for at least
seven (7) years, with at a member of the Philippine seven (7) years, with at
least three (3) years of 22.1 No person shall be Bar for at least three (3) least three (3) years of
experience or exposure in appointed as years, with at least two (2) experience or exposure in
the field of real and land Arbiter unless he years of experience or the field of real and land
use development cases. or she is a exposure in the field of real use development cases.
member of the estate and land use
Philippine Bar of development cases.
good standing and
has been engaged
in the practice of
law for at least
seven (7) years
with at least three
(3) years
experience or
The Arbiters shall exposure in the The arbiters shall receive a
receive a minimum monthly field of real estate The President, minimum monthly
compensation and land use upon the recommendation compensation
corresponding to Salary development of the Secretary, shall corresponding to Salary
Grade 28 as prescribed cases, and, appoint Arbiters, as may be Grade 28 as prescribed
under Republic Act No. necessary, for each under Republic Act No.
6758, as amended. The 22.2 The Arbiters shall administrative region, upon 6758, as amended. The
President, upon the receive a minimum recommendation of the President, upon the
recommendation of the monthly HSAC en banc. recommendation of the
Secretary, shall appoint compensation Secretary, shall appoint
Arbiters and as may be corresponding to The HSAC en banc arbiters and as may be
necessary, for each Salary Grade 28 shall have the power to necessary, for each
administrative region, upon as prescribed assign the Arbiters to the administrative region, upon
the recommendation of the under Republic Regional Offices. the recommendation of the
Commission en banc. Act No. 6758, as Commission en banc.
Page 62 of 81
Villanueva
amended.
The President shall appoint

Arbiters, as may be
necessary, upon the
recommendation of the
Commission.
Sec. 24. The Sheriff The SEC. 23. The Sheriff. SEC. 22. The Sheriff. The SEC. 22. The SEC. 24. The Sheriff. The
Commission shall appoint The Commission shall HSAC shall appoint a Sheriff. The Secretary Commission shall appoint a
a Sheriff or such member appoint a Sheriff or such Sheriff or such number of shall appoint a Sherrif or sheriff in its central and
of Sheriffs in its Central number of Sheriffs in its Sheriffs in its Central and such number of Sheriffs in regional branches, in
and Regional branches, in Central and Regional Regional branches. To be its Central and Regional accordance with the
accordance with the Offices in accordance with appointed as Sheriff, one branches. To be appointed provisions of the Civil
provisions of the Civil the provisions of the Civil must be a second grade as Sheriff, one must be a Service law. rules and
Service Law, rules and Service Law, rules and Civil Service eligible and second grade Civil Service regulations. The Sheriff
regulations. The Sheriff regulations. The Sheriff must have completed at eligible and must have shall be responsible for the
shall be responsible for the shall be responsible for the least two (2) years of completed at least two (2) service and execution of all
service and execution of all service and execution of all college. The Sheriff shall be years of college. The writs, summonses, and
writs, summonses, and writs, summonses, and responsible for the service Sheriff shall be responsible orders and other processes
orders and other processes orders and other processes and execution of all writs, for the service and of the Commission.
of the Commission. of the Commission. summons, orders, and execution of all writs,
other processes of the summons, orders, and
HSAC. other processes of the
HSAC.
Sec. 25. Appeals - SEC. 24. Appeals. SEC. 23. Appeals. SEC. 23. Appeals. SEC. 25. Appeals.
Decisions, awards, or Decisions, awards, or Decisions, awards, or Decisions, awards, or Decisions, awards, or
orders of the Arbiters shall orders of the Arbiters shall orders of the Arbiters shall orders of the Arbiters shall orders of the arbiters shall
be final and executory be final and executory be final and executory be final and executory be final and executory
unless appealed to the unless appealed to the unless appealed to the unless appealed to the unless appealed to the
BSAC within fifteen (15) Commission within fifteen HSAC within fifteen (15) HSAC within fifteen (15) Commission within fifteen
calendar days from receipt (15) calendar days from calendar days from receipt calendar days from receipt (15) calendar days from
of such decisions, awards, receipt of such decisions, of the decisions, awards, of the decisions, awards, or receipt of such decisions,
or orders. The appeal may awards, or orders. The or orders. The appeal may orders. The appeal may be awards or orders. The
be entertained only on any appeal may be be entertained only on any entertained only on any of appeal may be entertained
of the following grounds: entertained only on any of of the following grounds: the following grounds: only on any of the following
the following grounds: grounds:
24.1 There is prima facie a) If there is prima facie a. There is prima facie
a) If there is prima facie evidence of abuse of evidence of abuse of evidence of abuse of (a) If there is prima facie
Page 63 of 81
Villanueva
evidence of abuse of discretion on the part of discretion on the part discretion on the evidence of abuse of
discretion on the part the Arbiter in rendering the of the Arbiters in part of the Arbiters in discretion on the part
of the Arbiters in questioned decision, rendering the rendering the of the arbiters in
rendering the award, or order; questioned decision, questioned decision, rendering the
questioned decision, award, or order; award, or order; questioned decision,
award, or order; 24.2 The decision, order, award or order;
or award was secured b) If the decision, order, b. the decision, order,
b) If the decision, order through fraud or or award was or award was (b) If the decision, order or
or award was coercion, including graft secured through secured through award was secured
secured through and corruption; fraud or coercion, fraud or coercion, through fraud,
fraud or coercion, including graft and including graft and coercion including
including graft and 24.3 The appeal is made corruption; corruption; graft and corruption;
corruption; purely on questions of law;
and, c) If the appeal is made c. purely on questions (c) If the appeal is made
c) If the appeal is made purely on questions of law; and purely on questions
purely on questions 24.4 Serious errors in of law; and, of law; and
of law; and the findings of facts are d. serious errors in the
raised, which errors d) If serious errors in findings of facts are (d) If serious errors in the
d) If serious errors in would cause grave or the findings of facts raised, which errors finding of facts are
the finding of facts irreparable damage or are raised, which would cause grave raised, which errors
are raised, which injury to the appellant. errors would cause or irreparable would cause grave or
errors would cause grave or irreparable damage or injury to irreparable damage
grave or irreparable damage or injury to the appellant. or injury to the
damage or injury to the appellant. appellant.
the appellant. The decision of the
The decision of the HSAC upon any disputed Decision of the
Decision of HSAC HSAC upon any disputed matter may be brought to Commission shall be
can be appealed to the matter may be brought the Court of Appeals on a appealed to the Court of
Court of Appeals by way of upon to the Court of question of law and facts by Appeals by way of a
a Petition for Review within Appeals on a question of way of a petition for review. Petition for Review within
fifteen (15) calendar days law and facts by way of a An appeal from a decision fifteen (15) calendar days
from notice of judgment, petition for review. For this of the HSAC must be filed from notice of judgment,
award, or order sought to purpose, the procedure on within fifteen (15) calendar award or order sought to be
be appealed, pursuant to appeals from the regional days from notice of appealed, pursuant to Rule
Rule 43 of the Rules of trial court shall be followed judgment, award, or order, 43 of the Rules of Court.
Court. as far as practicable and pursuant to Rule 43 of the
consistent with the purpose Rules of Court. No appeal
of this Act. An appeal from bond shall be required. No
a decision of the HSAC appeal shall act as a
Page 64 of 81
Villanueva
must be filed within fifteen supersedeas or a stay of
(15) calendar days from the order of the HSAC.
notice of judgment, award,
or order sought to be
appealed, pursuant to Rule
43 of the Rules of Court. If
the decision of the HSAC
involves only questions of
law, the same shall be
reviewed by the Supreme
Court. No appeal bond
shall be required. No
appeal shall act as a
supersede as or a stay of
the order of the HSAC,
unless the HSAC itself, or
the Court of Appeals or the
Supreme Court, shall so
order.
Sec. 26. Prohibition SEC. 24. Prohibition SEC. 24. SEC. 26. Prohibition
Against Restraining Against Restraining Prohibition Against Against Restraining
Order of Injunction - No Order or Injunction. No Restraining Order or Order or Injunction. No
lower Court of the lower court of the Injunction. No lower court of the Philippines,
Philippines shall have Philippines shall have court of the Philippines except the Court of Appeals
jurisdiction to issue any jurisdiction to issue any shall issue any restraining and the Supreme Court,
restraining order or writ of restraining order, or writ of order, or writ of preliminary shall have jurisdiction to
preliminary injunction or preliminary injunction, or injunction, or permanent issue any restraining order
permanent injunction- permanent injunction injunction against the or writ of preliminary
against Commission or its against the HSAC or its HSAC or its arbiters in any injunction or permanent
Arbiters in any application, Arbiters in any case, case, dispute, or injunction against the
implementation, dispute, or controversy controversy arising from, Commission or its arbiters
enforcement, or arising from, necessary to, necessary to, or in in any application,
interpretation of the Act or in connection with the connection with the implementation,
and other pertinent laws on application, application, enforcement or
housing and on just and implementation, implementation, interpretation of the Act and
humane eviction or enforcement, or enforcement, or other pertinent laws on
demolition procedures. interpretation of this Act interpretation of this Act housing and on just
and other pertinent laws on and other pertinent laws on humane eviction or
housing and on just and housing and on just and demolition procedures.
Page 65 of 81
Villanueva
humane eviction or humane eviction or
demolition procedures. demolition procedures.
Sec. 27. Pending Cases - SEC. 26. Pending SEC. 25. Pending SEC. 25. Pending SEC. 27. Pending Cases.
All cases pending in Cases. All cases Cases. All cases pending Cases. All cases pending All cases pending in regular
regular Courts arising from pending in regular Courts in regular Courts arising in regular courts arising courts arising from or in
in connection with the arising from or in from or in connection with from or in connection with connection with the
implementation of pertinent connection with the the implementation of the implementation of implementation of pertinent
laws on housing and on implementation of pertinent pertinent laws on housing pertinent laws on housing laws on housing and on just
just and humane eviction laws on housing shall and on just and humane and on just and humane and humane eviction and
and demolition procedures, continue to be heard, tried, eviction and demolition eviction and demolition demolition procedures,
shall continue to be heard, and decided to their finality procedures shall continue procedures, shall continue shall continue to be heard,
tried and decided to their by such Courts. to be heard, tried, and to be heard, tried, and tried and decided to their
finality by such Courts. decided to their finality by decided to their finality by finality by such courts.
such Courts. such courts.
CHAPTER V CHAPTER V CHAPTER V CHAPTER V
ATTACHED AGENCIES ATTACHED AGENCIES ATTACHED AGENCIES ATTACHED AGENCIES
Sec. 28. Attached SEC. 27. Attached SEC. 26. Attached SEC. 26. Attached SEC. 28. Attached
Agencies and Agencies and Agencies and Agencies and Agencies and
Corporations - The Corporations. The Corporations. The Corporations. The Corporations. The
following agencies and following agencies and following agencies and following agencies and following agencies and
corporations are corporations are hereby corporations are hereby corporations are hereby corporations shall be
hereby attached to the attached to the Department attached to the Department attached to the Department attached to the Department
Department for policy and for policy and program for policy and program for policy and program for policy and program
program coordination coordination, monitoring coordination, monitoring coordination, monitoring coordination, monitoring
monitoring and evaluation: and evaluation: and evaluation: and evaluation: and evaluation:
a) National housing 27.1 National Housing a) National Housing a. National Housing

Authority (NHA) Authority (NHA); Authority (NHA); Authority (NHA); (a) National Housing
b) Home Guaranty 27.2 Home Guaranty b) Home Guaranty b. Home Guaranty Authority (NHA);
Corporation (HGC) Corporation (HGC); Corporation (HGC); Corporation (HGC); (b) Home Guaranty
c) National Home 27.3 National Home c) National Home c. National Home Corporation
Mortgage Finance Mortgage Finance Mortgage Finance Mortgage Finance (HGC);
Corporation Corporation Corporation Corporation (c) National Home
(NHMFC) (NHMFC); (NHMFC); (NHMFC); Mortgage Finance
d) Home Development 27.4 Home Development d) Home Development d. Home Development Corporation
Mutual Fund (HDMF) Mutual Fund Mutual Fund (HDMF); Mutual Fund (NHMFC);
e) Social Housing (HDMF); and (HDMF); and (d) Home Development
Finance Corporation 27.5 Social Housing e) Social Housing e. Social Housing Mutual Fund
Page 66 of 81
Villanueva
(SHFC) Finance Finance Corporation Finance Corporation (HDMF);
f) Human Settlement Corporation (SHFC); (SHFC). (e) Social Housing
Adjudicatory (SHFC); and, Finance
Commission (HSAC) 27.6 Adjudication Corporation
Commission for (SHFC); and
Housing, Land Use (f) Human Settlement
and Urban Adjudicatory
Development Commission
All these agencies shall (Commission). (HSAC).
continue to function
according to existing laws All these Agencies shall
and their respective continue to function
Charters. However, each of according to existing laws All these agencies shall
the heads of the attached and their respective continue to function
agencies shall enter into a Charters. However, each according to existing laws
performance contract of the heads of the and their respective
annually with the secretary. attached agencies shall charters. However, each of
Such contracts shall enter into a performance the heads of the attached
embody the national contract annually with the agencies shall enter into a
targets on housing and Department Secretary. performance contract
urban development and Such contracts shall annually with the Secretary.
shall include the over-all embody the national targets Such contracts shall
administration of the on housing and urban embody the national targets
agency and the streaming development and shall on housing and urban
of personnel for effective include the over-all development and shall
and efficient service. administration of the include the overall
agency and the administration of the
The reorganization, streamlining of personnel agency and the streaming
merger, streamlining, for effective and efficient of personnel for effective
abolition or privatization of service. and efficient service.
any attached GOCCs shall
be in consultation with the Any recommendation by The reorganization, merger,
department and the GOCC the Governance streamlining, abolition or
concerned. The Commission on GOCCs to privatization of any
appointment of the Board reorganize, merge, attached GOCCs shall be
of Directors of Trustees of streamline, abolish, or in consultation with the
the attached GOCCs shall privatize any of the department and the GOCC
be in accordance with R.A. government owned and concerned. The
No. 10149, otherwise controlled corporation appointment of the Board of
Page 67 of 81
Villanueva
known as the GOCC (GOCC) attached to the Directors of the attached
Governance Act of 2011. Department, per Republic GOCCs shall be in
Act No. 10149, otherwise accordance with Republic
known as the GOCC Act No. 10149, otherwise
Governance Act of 2011, known as the GOCC
shall require the Governance Act of 2011.
concurrence of the
Secretary. The Secretary shall
convene a regular meeting
with these agencies to
ensure that the efforts of
these agencies and the
plans of the Department
are synchronized and to
prevent duplication of
efforts.
Sec. 29. Nature of SEC. 28. Nature of SEC. 27. Nature of SEC. 27. Nature of SEC. 29. Nature of
Attachment. - The Attachment. The Attachment. Any provision Attachment. Any Attachment.
Secretary shall be elected Secretary shall be elected of law, or the respective provision of law, or the Notwithstanding the
as Chairperson of the as Chairperson of the chapters of the respective charters of the specific provisions of the
governing Boards of the governing Boards of the abovementioned abovementioned respective charters of the
NHA, HDMF, NHMFC, National Housing Authority corporations and agencies corporations and agencies attached agencies to the
SHFC, and HGC. (NHA), Home Development to the contrary to the contrary Department, the Secretary
Mutual Fund (HDMF), notwithstanding, the notwithstanding, the shall be elected as
National Home Mortgage Secretary shall, in a Secretary shall, in a Chairperson of the
Finance Corporation concurrent capacity, be the concurrent capacity, be the governing boards of the
(NHMFC), Social Housing ex officio Chairperson of ex officio Chairperson of NHA, HDMF NHMFC,
Finance Corporation the respective board of the the respective boards of the SHFC and HGC.
(SHFC), and Home NHA, HGC, NHMFC, NHA, HGC, NHMFC,
Guaranty Corporation HDMF, and SHFC. HDMF, and SHFC.
(HGC).
The agencies shall The agencies shall
continue to function continue to function
according to existing laws according to existing laws
and their respective and their respective
charters. However, each of charters.
the heads of the attached
agencies shall enter into a
performance contract
Page 68 of 81
Villanueva
annually with the Secretary.
Such contracts shall
embody the national targets
on housing and urban
development and shall
include the overall
administration of the The reorganization,
agency. merger, streamlining of
functions, abolition, or
The reorganization, privatization of any
merger, streamlining of attached government-
functions, abolition, or owned and/or -controlled
privatization of any corporation (GOCC) shall
attached government- be implemented with the
owned and/or controlled concurrence of the
corporation (GOCC) shall Secretary pursuant to
be implemented with the Republic Act No. 6656,
concurrence of the entitled An Act to Protect
Secretary pursuant to the Security of Tenure of
Republic Act No. 6656, Civil Service Officers and
entitled An Act to Protect Employees in the
the Security of Tenure of Implementation of
Civil Service Officers and Government
Employees in the Reorganization. The
Implementation of appointment of the Board of
Government Directors or Trustees of the
Reorganization. attached GOCCs shall be
in accordance with
The appointment of Republic Act No. 10149,
the Board of Directors or otherwise known as the
Trustees of the attached GOCC Governance Act of
GOCCs shall be in 2011.
accordance with Republic
Act No. 10149, otherwise
known as the GOCC
Governance Act of 2011.
SEC. 30. Coordination
And Partnership With
Other Agencies. The
Page 69 of 81
Villanueva
Department shall closely
coordinate with various
government agencies in
performing its mandate to
ensure that housing and
resettlement plans are
comprehensive and holistic,
such as, but not limited to:
(a) The Department of

Trade and Industry,
to ensure that
resettlement
communities with
respect to livelihood
programs;
(b) The Department of
Education, to
ensure that there
are nearby schools
in relocation sites;
(c) The Department of
Social Welfare and
Development, to
ensure that the
plight of the poor is
addressed; and
(d) The Technical
Education and
Services
Development
Authority, to ensure
that the citizens
shall have the
necessary skills.
Page 70 of 81
Villanueva
CHAPTER VI CHAPTER VI CHAPTER VIII Instead of centralized, use:
OTHER PROVISIONS OTHER PROVISIONS FINAL PROVISIONS harmonized, efficient, coordinated,
streamlined
Sec 30. Social Housing SEC. 29. Social Housing SEC. 38. Creation of SEC. 36. Creation of SEC. 31. Social Housing
One- Stop Processing One-Stop Processing Social Housing One-Stop Social Housing One-Stop One-Stop Processing
Centers (SHOPCs). - The Centers (SHOPCs). Processing Centers Processing Centers Centers (SHOPCs). The
Department shall establish The Department may (SHOPCs). The (SHOPCs). The Department shall establish
SHOPCs in the regions, establish SHOPCs in the Department shall establish Department shall establish SHOPCs in the regions,
which shall centralize the Regions, which shall SHOPCs in all SHOPCs in all which shall centralize the
processing and issuance of centralize the processing administrative regions of administrative regions of processing and issuance of
all required housing-related and issuance of all the country. The SHOPCs the country. The SHOPCs all required housing related
permits, clearances, and required housing-related shall be responsible for the shall be responsible for the permits, clearances and
licenses in accordance with permits, clearances, and centralized processing and centralized processing and licenses in accordance with
Executive Order No. 45, licenses in accordance issuance of all required issuance of all required Executive Order No. 45,
series of 2001 entitled with Executive Order No. housing-related permits, housing-related permits, series of 2001 entitled
"Prescribing time periods 45, series of 2001 clearances, and licenses in clearances, and licenses in Prescribing Time Periods
for issuance of housing entitled Prescribing time accordance with Executive accordance with Executive for Issuance of Housing
related certifications, periods for issuance of Order No. 45, Series of Order No. 45, Series of Related Certifications,
clearances and permits, housing related 2001, entitled Prescribing 2001, entitled Prescribing Clearances and Permits,
and imposing sanctions for certifications, clearances Time Periods for Issuance Time Periods for Issuance and Imposing Sanctions for
failure to observe the and permits, and of Housing Related of Housing Related Failure to Observe the
same" Provided, That for imposing sanctions for Certifications, Clearances Certifications, Clearances Same; provided that, for
the foregoing purpose, the failure to observe the and Permits, and Imposing and Permits, and Imposing the foregoing purpose, the
respective ceilings for same: Provided, That Sanctions for Failure to Sanctions for Failure to respective ceilings for
socialized, low cost/ for the foregoing Observe the Same: Observe the Same: socialized, low cost/
economic and middle- purpose, the respective Provided, That for the Provided, That for the economic and middle
income housing shall be ceilings for socialized, foregoing purpose, the foregoing purpose, the income housing shall be
jointly determined by the low cost/economic and respective ceilings for respective ceilings for jointly determined by the
Department and NEDA; middle-income housing socialized, low socialized, low Department and the
Provided further, That at shall be jointly cost/economic and middle- cost/economic and middle- National Economic
any time, but not more than determined by the income housing shall be income housing shall be Development Authority
once every two (2) years, Department and the jointly determined by the jointly determined by the (NEDA); provided further,
such ceilings may be NEDA: Provided, further, Department and the NEDA: Department and the NEDA: that at any time, but not
reviewed or revised to That at any time, but not Provided, further, That at Provided, further, That at more than once every two
conform to prevailing more than once every any time, but not more than any time, but not more than (2) years, such ceilings
economic conditions. two years, such ceilings once every two (2) years, once every two (2) years, may be reviewed or revised
may be reviewed or such ceilings may be such ceilings may be to conform to prevailing
revised to conform to reviewed or revised to reviewed or revised to economic conditions. All
prevailing economic conform to prevailing conform to prevailing agencies involved in the
Page 71 of 81
Villanueva
All agencies involved in the conditions. economic conditions. All economic conditions. All issuance of said permits,
issuance of said permits, agencies involved in the agencies involved in the clearances and licenses
clearances and licenses All agencies involved in issuance of said permits, issuance of said permits, shall be represented in the
shall be represented in the the issuance of said clearances, and licenses clearances, and licenses SHOPC and shall assign to
SHOPC and shall assign to permits, clearances and shall be represented in the shall be represented in the SHOPC regional centers
SHOPC regional centers licenses shall be SHOPC and shall assign SHOPC and shall assign personnel who shall be
personnel who shall be represented in the SHOPC personnel from SHOPC personnel from sufficiently authorized to
sufficiently authorized to SHOPC and shall assign regional centers who shall regional centers who shall process and issue the
process and issue the to SHOPC regional be sufficiently authorized to be sufficiently authorized to same.
same. centers personnel who process and issue the process and issue the
shall be sufficiently same. same.
authorized to process
and issue the same.
CHAPTER VIII Suggestion:
FINAL PROVISIONS
Sec. 31. Identification SEC. 30. Identification SEC. 37. Identification SEC. 32. Identification xxx Provided finally, that all idle
and Designation of and Designation of and Designation of Lands And Designation Of government lands in highly
Lands for Housing and Lands for Housing and for Housing and Urban Lands For Housing And urbanized cities are hereby
Urban and Rural Urban and Rural and Rural Development. Urban And Rural prioritized for housing and urban
Development. - For the Development. For the For the purpose of Development. For the development purposes, in line with
purpose of designating purpose of designating designating lands for purpose of designating national, sub-national, local and
lands for housing and lands for housing and housing and urban and lands for housing and sectoral plans.
urban and rural urban and rural rural development, the urban and rural
development, the development, the Department of Environment development, the
Department, the DENR, Department of Housing and Natural Resources Department, Department of
the DAR and the DA shall, and Urban Development (DENR), the Department of Environmental and Natural
within one hundred eighty (DHUD), the Department Agrarian Reform (DAR) and Resources (DENR),
(180) days from effectivity of Environment and the Department of Department of Agrarian
of this Act, jointly identify Natural Resources Agriculture (DA) shall, Reform (DAR), and
agricultural lands which (DENR), the Department within one hundred eighty Department of Agriculture
under R.A No. 6657, of Agrarian Reform (180) days from the (DA) shall, within one
otherwise known as the (DAR), Department of effectivity of this Act, jointly hundred eighty (180) days
Comprehensive Agrarian Agriculture (DA), and the identify agricultural lands from effectivity of this Act,
Reform Law and other Land Registration which, under Republic Act jointly identify agricultural
existing rules and Authority (LRA) shall, No. 6657, otherwise known lands which under Republic
regulations are already within one hundred as the Comprehensive Act No. 6657, otherwise
exempted from conversion eighty (180) days from Agrarian Reform Law of known as the
requirements; Provided, the effectivity of this Act, 1988, and other existing Comprehensive Agrarian
that the list shall exclude jointly identify laws, rules and regulations Reform Law and other
Page 72 of 81
Villanueva
lands that are declared as agricultural lands which, are already exempted from existing rules and
non-negotiable or under Republic Act No. conversion requirements: regulations are already
protected from conversion 6657, as amended, Provided, That the list shall exempted from conversion
under existing laws and otherwise known as the exclude lands that are requirements; provided
issuances and those lands Comprehensive Agrarian declared as nonnegotiable that, the list shall exclude
covered under R.A. No. Reform Law, and other or protected from lands that are declared as
6657; Provided further, existing laws, rules and conversion under existing nonnegotiable or protected
That the designation of regulations are already laws and issuances and from conversion under
lands for Housing and exempted from those lands covered under existing laws and issuances
Urban and Rural conversion requirements: Republic Act No. 6657: and those lands covered
Development purposes Provided, That the list Provided, further, That the under Republic Act No.
shall neither prejudice the shall exclude lands that designation of lands for 6657; provided further, that
rights of qualified are declared as non- housing and urban and the designation of lands for
beneficiaries under R.A negotiable or protected rural development housing and urban
No. 6657, nor undermine from conversion under purposes shall neither development purposes
the protected agricultural existing laws and prejudice the rights of shall neither i; prejudice the
areas intended to ensure issuances and those qualified beneficiaries rights of qualified
the attainment of food lands covered under under Republic Act No. beneficiaries under
security under R.A No. Republic Act No. 6657: 6657, nor undermine the Republic Act No. 6657, nor
8435, otherwise known as Provided, further, That protected agricultural areas undermine the protected
the Agriculture and the designation of lands intended to ensure the agricultural areas intended
Fisheries Modernization for housing and urban attainment of food security to ensure the attainment of
Act of 1997 (AFMA) and and rural development under Republic Act No. food security under
other existing laws; purposes shall neither 8435, otherwise known as Republic Act No. 8435,
Provided further, That in prejudice the rights of the Agriculture and otherwise known as the
the case of lands qualified beneficiaries Fisheries Modernization Act Agricultural and Fisheries
exempted from conversion under Republic Act No. of 1997 (AFMA) and other Modernization Act of 1997
though these have been 6657, nor undermine the existing laws: Provided, (AFMA) and other existing
approved by the DAR, if protected agricultural furthermore, That in the laws; provided further, that
these are contested by the areas intended to ensure case of lands exempted in the case of lands
affected individual or the attainment of food from conversion duly exempted from conversion
community beneficiaries, it security under Republic approved by the DAR and duly approved by the DAR
shall not be allowed to Act No. 8435, otherwise contested by an affected and contested by an
proceed with by horizontal known as Agricultural individual or community affected individual or
or vertical development and Fisheries beneficiaries, no horizontal community beneficiaries,
without need for any prior Modernization Act or vertical development by horizontal or vertical
clearance or approval from (AFMA) of 1997 and the individual or community development shall not
the DAR or the DA other existing laws: beneficiary shall be allowed proceed without any prior
consistent with the terms of Provided, furthermore, without prior clearance or clearance or approval from
Page 73 of 81
Villanueva
approved order or That in the case of lands approval from the DAR or the DAR or the DA
conversion: Provided exempted from the DA, consistent with the consistent with the terms of
finally, that all idle conversion, though these terms of the approved order approved order or
government lands in highly have been approved by or conversion: Provided, conversion; provided finally,
urbanized cities are hereby the DAR, if these are finally, That all idle that all idle government
prioritized for housing and contested by affected government lands in highly lands in highly urbanized
urban development individual or community urbanized cities are hereby cities are hereby prioritized
purposes. beneficiaries, it shall not prioritized for housing and for housing and urban
be allowed to proceed urban development development purposes.
with any horizontal or purposes.
vertical development
without need for any
prior clearance or
approval from the DAR
or the DA consistent with
the terms of the
approved order or
conversion: Provided,
finally, That all idle
government lands in
highly urbanized cities
are hereby prioritized for
housing and urban
development purposes.
CHAPTER VII CHAPTER VII
TRANSITORY TRANSITORY
PROVISIONS PROVISIONS
SEC. 32. Absorption of SEC. 30. SEC. 33. Absorption of
Sec 32. Absorption of SEC. 31. Absorption of Employees of the Absorption of Employees Employees of the
Employee of the Employees of the Consolidated Agencies. of the Consolidated Consolidated Agencies.
Consolidated Agencies - Consolidated Agencies. The present career Agencies. The present The existing civil servants
The existing civil servants The existing employees of employees of the HUDCC career employees of the of HUDCC and HLURB
of HUDCC and HLURB HUDCC and HLURB shall and the HLURB shall enjoy HUDCC and the HLURB shall enjoy security of
shall enjoy security of enjoy security of tenure and security of tenure and shall shall enjoy security of tenure and shall be
tenure and shall be shall be absorbed by the be absorbed by the tenure and shall be absorbed by the
absorbed by the Department or the Department, in accordance absorbed by the Department in accordance
Department in accordance Commission, in accordance with its staffing pattern and Department, in accordance with their staffing patterns
with their staffing patterns with their staffing patterns selection process as with its staffing pattern and and the selection process
and the selection process and the selection process prescribed under Republic selection process as as prescribed under
Page 74 of 81
Villanueva
as prescribed under R.A. as prescribed under Act No. 6656, unless they prescribed under Republic Republic Act No. 6656 on
No. 6656 on the Rules on Republic Act No. 6656 on are separated from the Act No. 6656, unless they the rules on government
Government the Rules on government service by virtue of the are separated from the reorganization, unless the
reorganization, unless the reorganization, unless the reorganization resulting service by virtue of the civil servant wants to avail
civil servant wants to avail employee wants to avail of from this Act, or opt and are reorganization resulting of Section 35 hereof.
of Section 35 hereof. Section 33, hereof. qualified to retire from from this Act, or opt and are
service. qualified to retire from
service.
Sec 33. Transfer of SEC. 32. Transfer of SEC. 31. Transfer of SEC. 31. Transfer SEC. 34. Transfer of
Assets and Obligations - Assets and Obligations. Assets. The following of Assets. The following Assets and Obligations.
The following dispositive The following dispositive dispositive actions shall be actions shall be The following actions shall
actions shall be actions shall be implemented within six (6) implemented within six (6) be implemented within six
implemented within six (6) implemented within six (6) months from the effectivity months from the effectivity (6) months from the
months from the effectivity months from the effectivity of this Act: of this Act: effectivity of this Act:
of this Act: of this Act:
a. The transfer to the (a) The assets,
a) The assets, 32.1 The assets, a) The transfer to the Department of the equipment, funds,
equipment funds, equipment, funds, Department of the assets, equipment, records and
records, and choses in action, assets, equipment, funds, records, and personnel,
pertinent records, and funds, records, and pertinent equipment,
transactions of pertinent pertinent transactions transactions of the properties,
HUDCC and HLURB transactions of of the HUDCC and the HUDCC and the transactions of
shall be transferred HUDCC and HLURB HLURB; and HLURB; and HUDCC and
to the Department shall be transferred HLURB shall be
and the to the Department transferred to the
Commission; and, and the b. The submission of Department and
Commission; and, b) The submission of the the Department and the Commission;
Department and the the HSAC of a and
b) The Department and 32.2 The Department and HSAC of a request to request to the DBM
the Commission the Commission the DBM for the for the creation of (b) The Department and
shall cause the shall propose the creation of additional additional positions the Commission
creation of additional creation of additional positions and the and the shall cause the
positions and positions, as may be augmentation of their augmentation of their creation of
augment their necessary, subject budget appropriations budget additional positions
budget to the approval of as may be needed. appropriations as and augment their
appropriations, as DBM. may be needed. budget
may be necessary. appropriations, as
may be necessary.
Page 75 of 81
Villanueva
CHAPTER VI CHAPTER VI
TRANSITORY TRANSITORY
Sec 34. Transition SEC. 33. Transition SEC. 35. Transition
Period. - All transfer of Period. All transfer of SEC. 28. Transition Sec. 33. Transition Period. All transfer of
functions, assets, funds, functions, assets, funds, Period. All transfer of Period. All transfer of functions, assets, funds,
personnel, equipment, personnel, equipment, functions, asset, funds, functions, asset, funds, personnel, equipment,
properties, transactions, properties, transactions, personnel, equipment, personnel, equipment, properties, transactions and
and personnel in the and personnel in the properties, and transactions properties, and transactions personnel in the affected
affected national affected national in the affected national in the affected national national government
government agencies and government agencies, and government agencies, and government agencies, and agencies and the
the formulation and the formulation and the formulation and the formulation and formulation and
implementation of the implementation of the implementation of the implementation of the implementation of the
internal organic structures, internal organic structures, internal organic structures, internal organic structures, internal organic structures,
staffing patterns, staffing patterns, operating staffing patterns, operating staffing patterns, operating staffing patterns, operations
operations systems, and systems, and revised systems, and revised systems, and revised systems, and revised
revised budgets of the budgets of the Department budgets of the Department budgets of the Department budgets of the Department
Department and the and the Commission, shall and the HSAC, shall be and the HSAC, shall be and the Department and
Department and the be completed within six (6) completed within six (6) completed within six (6) the Commission, shall be
Commission, shall be months from the effectivity months from the effectivity months from the effectivity completed within six (6)
completed within six (6) of this Act, during which of this Act, during which of this Act, during which months from the effectivity
months from the effectivity existing personnel shall existing personnel shall existing personnel shall of this Act, during which
of this Act, during which continue to assume their continue to assume their continue to assume their existing personnel shall
existing personnel shall posts in holdover capacities posts in holdover capacities posts in holdover capacities continue to assume their
continue to assume their until new appointments are until new appointments are until new appointments are posts in holdover capacities
posts in holdover issued. issued. issued. until new appointments are
capacities until new issued.
appointments are issued.
Sec 35. Separation from SEC. 33. Separation from SEC. 31. SEC. 36. Separation from
the Service. - Employees the Service. Unless Separation from the the Service. Employees Adopt SBN 232
separated and/ or phased absolutely required, no Service. Unless separated and/or phased
out from the service as a employee shall be absolutely required, no out from the service as a
result of the consolidation separated from the service employee shall be result of the consolidation
and/or reorganization as a result of any separated from the service and/or reorganization under
under the provisions of this reorganization or as a result of any the provisions of this Act
Act shall within one (1) consolidation under the reorganization or shall within one (1) month
month from their provisions of this Act. consolidation under the from their separation and/or
separation and/or phase Nonetheless, employees so provisions of this Act. phase out from the service,
out from the service, separated or phased out receive separation benefits
Page 76 of 81
Villanueva
receive separation benefits from the service shall, In addition, those in accordance with existing
in accordance with existing within one (1) month from who desire and are laws. In addition, those who
laws. their separation or phase qualified to retire shall be are qualified to retire shall
out from service, receive entitled to all benefits be allowed to retire and be
separation benefits in provided under the existing entitled to all benefits
accordance with existing retirement laws. provided under any of the
In addition, those who are laws. existing retirement laws.
qualified to retire shall be In addition, those
allowed to retire and be who desire and are
entitled to all benefits qualified to retire shall be
provided, under any of the entitled to all benefits in
existing retirement laws. accordance with existing
laws.
Sec 36. Transfer of SEC. 30. Transfer of SEC. 28. Transfer SEC. 37. Transfer of
Functions- The following Functions. The following of Functions. The Functions. The following
functions are hereby functions are hereby following agencies are functions shall be
transferred as stipulated transferred to the herby abolished, and their transferred:
hereunder: Department as stipulated powers and functions,
hereunder: applicable funds and
appropriations, records, (a) The regulatory
a) The regulatory function a) Regulatory function equipment, property, and function of the
of the HLURB, of the HLURB, personnel transferred to the HLURB, including
including the including the Department: the formulation,
formulation, formulation, A. HUDCC; and promulgation and
promulgation, and promulgation, and B. HLURB enforcement of
enforcement of rules, enforcement of rules, standards and
standards and rules, standards, guidelines are
guidelines are hereby and guidelines; hereby transferred
transferred to the to the Department;
Department;
b) HLURBs (b) The HLURBs
b) The HLURB's monitoring function, monitoring function,
monitoring function, including the including the
including the imposition of imposition of
imposition of penalties for non- penalties for non-
penalties for non- compliance to compliance to
compliance to ensure ensure that LGUs ensure that LGUs
that LGUs will follow will follow the will follow the
the planning planning guidelines planning guidelines
Page 77 of 81
Villanueva
guidelines and and implement their and implement their
implement their Comprehensive CLUPs/ zoning
CLUPs/ZOs shall Land Use ordinances shall
likewise be Plans/Zoning likewise be
transferred to the Ordinances; and transferred to the
Department; and Department: and
c) Registration of
c) The registration of incorporation of (c) The registration of
incorporation of homeowners incorporation of
homeowners associations and homeowners
associations and condominium associations and
condominium corporations of the condominium
corporations of the HLURB. corporations of the
HLURB are hereby HLURB are hereby
transferred to the transferred to the
Department. Department.
Sec 37. Abolition of the SEC. 34. Abolition of the SEC. 34. Transfer of SEC. 32. Transfer SEC. 38. Abolition of the
Housing and Urban Housing and Urban Rights and Obligations. of Rights and HUDCC. The HUDCC shall
Development Development Obligations. be abolished. The
Coordinating Council Coordinating Council Department shall, by virtue
(HUDCC) and the (HUDCC) and the of this Act, be subrogated
Transfer of Rights and Transfer of Rights and to all rights and assume all
Assets. - The Housing Assets. The Housing and the liabilities of the HUDCC
and Urban Development Urban Development and HLURB, except those
Coordinating Council is Coordinating Council is The Department shall, by that may hereafter be
hereby abolished. hereby abolished. virtue of this Act, be The Department transferred to or absorbed
subrogated to all rights and shall, by virtue of this Act, by the Commission.
The Department shall, by The Department shall, assume all the liabilities of be subrogated to all rights
virtue of this Act, be by virtue of this Act, be the HUDCC and all other and assume all the
subrogated to all rights and subrogated to all rights and agencies of the government liabilities of the HUDCC
assume all the liabilities of assume all the liabilities of whose functions and and all other agencies of
the HUDCC and HLURB, the HUDCC and HLURB, powers have been the government whose
except those that may except those that may transferred to it, and all functions and powers have
hereafter be transferred to hereafter be transferred to their pertinent funds, been transferred to it, and
or absorbed by the or absorbed by the records, property, assets, all their pertinent funds,
Commission. Commission. equipment and such records, property, assets,
personnel, including equipment and such
unexpended portions of personnel, including
Page 78 of 81
Villanueva
their appropriations. unexpended portions of
their appropriations.
Sec 38. Formulation of SEC. 35. Formulation of SEC. 35. Implementing SEC. 34. SEC. 39. Formulation Of
Implementing Rules and Implementing Rules and Rules and Regulations. Implementing Rules and Implementing Rules And
Regulations - The Regulations. The The Secretary shall prepare Regulations. The Regulations. The
Secretary shall prepare HUDCC, HLURB, DBM and and issue the implementing Secretary shall prepare and Secretary shall prepare and
and issue the implementing Civil Service Commission rules and regulations (IRR) issue the implementing issue the implementing
rules and regulations (IRR) (CSC) shall prepare and of the Department within rules and regulations (IRR) rules and regulations of the
of the Department within issue the implementing ninety (90) days upon the of the Department within Department within sixty
sixty (60) days upon the rules and regulations (IRR) effectivity of this Act. sixty (60) days upon the (60) days upon the
effectivity of this Act. within sixty (60) days upon effectivity of this Act. effectivity of this Act.
the effectivity of this Act.
CHAPTER VIII CHAPTER VIII
IMPLEMENTING IMPLEMENTING
AUTHORITY AND AUTHORITY AND
FUNDING FUNDING
SEC. 29. Implementing SEC. 29. Implementing SEC. 40. Implementing
Sec 39. Implementing SEC. 36. Implementing Authority. The Secretary is Authority. The Secretary Authority. The Secretary
Authority. - The Secretary Authority. The HUDCC hereby authorized to is hereby authorized to shall be authorized to
is hereby authorized to Chairman is hereby undertake the undertake the undertake the
undertake the authorized to undertake the implementation of the implementation of the implementation of this Act
implementation of the implementation of the provisions of this Act and provisions of this Act and and implement the
provisions of this ACT and provisions of this Act and implement the necessary implement the necessary necessary organizational
implement the necessary implement the necessary organizational changes organizational changes changes within the
organizational changes organizational changes within the specific six (6) within the specified six (6)- specified six (6) month
within the specified six (6) within six (6) months or month transition period. month transition period. transition period.
month transition period. until a Department
Secretary has been
appointed and has
assumed office.
CHAPTER VII CHAPTER VII
FUNDING FUNDING
Sec 40. Funding - The SEC. 37. Funding. The SEC. 36. Funding. The SEC. 35. Funding. SEC. 41. Funding. The
amount necessary for the amount needed for the amount necessary for the The amount necessary amount necessary for the
initial implementation of the initial implementation of this initial implementation of this for the initial initial implementation of the
provisions of this Act shall Act shall be charged Act shall be charged implementation of the provisions of this Act shall
be charged against the against the current years against the current years provisions of this Act shall be charged against the
Page 79 of 81
Villanueva
current year's appropriations of HUDCC appropriations of HUDCC be charged against the current years
appropriations of the and HLURB. Thereafter, and HLURB. Thereafter, current years appropriations of the
HUDCC and HLURB. such sums as may be such sums as may be appropriations of the HUDCC and HLURB.
Thereafter, such sums as necessary for the continued necessary for the continued HUDCC and the HLURB. Thereafter, such sums as
may be necessary for the implementation of this Act, implementation of this Act, Thereafter, such sums as may be necessary for the
continued implementation shall be included in the shall be included in the may be necessary for the continued implementation
of this Act shall be included General Appropriations Act General Appropriations Act continued implementation of this Act shall be included
in the annual General (GAA). (GAA). of this Act shall be included in the annual General
Appropriations Act (GAA). in the annual General Appropriations Act (GAA).
Appropriations Act.
CHAPTER IX CHAPTER IX
MISCELLANEOUS MISCELLANEOUS
SEC. 39. Mandatory SEC. 42. Mandatory
Sec 41. Mandatory SEC. 38. Mandatory Review of the Review of the
Review of the Review of the Implementation of this Implementation of This
Implementation of this Implementation of this Act. The Department shall Act. The Department shall
Act. - The Department Act. The Congress shall conduct a review on the conduct and submit a
shall conduct and submit a undertake a mandatory implementation of this Act report to Congress a review
report to Congress a review of the and shall submit to of the implementation of
review of the implementation of this Act Congress a report on its this Act at the end of the
implementation of this Act at the end of the third year findings at the end of the second year from the date
at the end of the second from the date of its second year from the date of its effectivity.
year from the date of its effectivity. of the effectivity of this Act.
effectivity.
Sec 42. Repealing Clause SEC. 39. Repealing SEC. 41. Repealing SEC. 38. SEC. 43. Repealing
- All laws, executive orders, Clause. All laws, Clause. All laws, executive Repealing Clause. All Clause. All laws, executive
proclamations, rules, executive orders, orders, proclamations, laws, executive orders, orders, proclamations,
regulations, and other proclamations, rules, rules, regulations and other proclamations, rules, rules, regulations and other
issuances or parts thereof regulations and other issuances or parts thereof regulations and other issuances or parts thereof
which are inconsistent with issuances or parts thereof which are inconsistent with issuances or parts thereof which are inconsistent with
the provisions of this act which are inconsistent with the provisions of this act which are inconsistent with the provisions of this Act
are hereby repealed, the provisions of this act are hereby repealed, the provisions of this Act are hereby repealed,
amended or modified are hereby repealed, amended or modified are hereby repealed, amended or modified
accordingly. amended or modified accordingly. amended or modified accordingly.
accordingly. accordingly.
Sec 43. Separability SEC. 40. Separability SEC. 40. Separability SEC. 37. SEC. 44. Separability
Clause - If, for any Clause. If, for any reason Clause. If, for any reason Separability Clause. If, Clause. If, for any reasons,
Page 80 of 81
Villanueva
reasons, any portion or or reasons, any portion or or reasons, any portion or for any reason or reasons, any portion or provisions of
provisions of this Act shall provision of this Act shall provision of this Act shall any portion or provision of this Act shall be
be held unconstitutional or be held unconstitutional or be held unconstitutional or this Act shall be held unconstitutional or invalid,
invalid, the remaining invalid, the remaining invalid, the remaining unconstitutional or invalid, the remaining provisions
provisions not affected provisions not affected provisions not affected the remaining provisions not affected thereby shall
thereby shall continue to thereby shall continue to be thereby shall continue to be not affected thereby shall continue to be in full force
be in full force and effect. in full force and effect. in full force and effect. continue to be in full force and effect.
and effect.
Sec 44. Effectivity- This SEC. 41. Effectivity. SEC. 42. Effectivity. This SEC. 39. SEC. 45. Effectivity. This
Act shall take effect fifteen This Act shall take effect Act shall take effect fifteen Effectivity. This Act shall Act shall take effect fifteen
(15) days after its complete fifteen (15) days after its (15) days after its complete take effect after fifteen (15) (15) days after its complete
publication in at least two complete publication in at publication in at least two days following its publication in at least two
(2) national newspapers of least two (2) national (2) national newspapers of publication in the Official (2) national newspapers of
general circulation. newspapers of general general circulation. Gazette and in two (2) general circulation.
circulation. newspapers of general
Approved. Approved, circulation. Approved,
Approved,
Approved,
Page 81 of 81

DHUD Matrix As of Sept. 28 2016 PIEP 6 Oct 2016

Transféré par

Informations du document

Description originale:

Titre original

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

DHUD Matrix As of Sept. 28 2016 PIEP 6 Oct 2016

Transféré par

Droits d'auteur :

Formats disponibles

COMMITTEE ON URBAN PLANNING, HOUSING & RESETTLEMENT

MATRIX ON CREATING THE DEPARTMENT OF HOUSING & URBAN DEVELOPMENT

INPUTS FROM THE PHILIPPINE INSTITUTE OF ENVIRONMENTAL PLANNERS

(c) Department refers to

(d) HLURB refers to the

(f) HUDCC refers to the

As such, the necessity to clearly

Suggestion: Develop programs for

5.4. Coordinate with

5.9. Minimize the

5.11. Utilize income

(d) Examine the

7.11. Appoint all officers

SEC. 11. Advisory Suggestion: The Secretary shall

The Commission en banc

The Secretary may

Such hearing shall be held

The undertaking herein

20.5. To exercise such

The President shall appoint

a) National housing 27.1 National Housing a) National Housing a. National Housing

(a) The Department of

Vous aimerez peut-être aussi