Lina Law
money and such structures are not shanties of small
RA 7279
(Lina Law)
It was considered landmark legislation and was filed by Senator Jose “Joey”
D. Lina, Jr., youngest member of Senate from 1987 to 1992.
The Act lays down the groundwork for a comprehensive and continuing urban
development and housing program.
It addresses the right to housing of the homeless and underprivileged Filipino
people.
This law seeks to provide social housing to the marginalized sector by
addressing their access to land and housing, relocation, demolitions,
and promoting private sector participation in housing.
The law also mandates local government units to provide shelter to qualified
beneficiaries and to undertake measures to curtail the activities of
professional squatters and squatting syndicates.
In addition, the Act also mandates the formulation of a National Urban
Development and Housing Framework to guide policymakers in the
determination of areas for urbanization and development of
concomitant programs to address the urbanization problems.
Program Objectives
(Section 2)
a) Uplift the conditions of the underprivileged and homeless citizens in urban
areas and in resettlement areas by making available to them decent
housing at affordable cost, basic services, and employment
opportunities;
b) Provide for the rational use and development of urban land in order to bring
about the following:
(1) Equitable utilization of residential lands in urban and urbanizable
areas with particular attention to the needs and requirements of the
privileged and homeless citizens and not merely on the basis of market
forces;
(2) Optimization of the use and productivity of land and urban
resources;
(3) Development of urban areas conducive to commercial and
industrial activities which can generate more economic opportunities
for the people;
(4) Reduction in urban dysfunctions, particularly those that adversely
affect public health, safety and ecology; and
(5) Access to land and housing by the underprivileged and homeless
citizens.
c) Adopt workable policies to regulate and direct urban growth and expansion
towards a dispersed urban net and more balanced urban-rural
interdependence;
d) Provide for an equitable land tenure system that shall guarantee security of
tenure to Program beneficiaries but shall respect the rights of small
property owners and ensure the payment of just compensation;
e) Encourage more effective people’s participation in the urban development
process; and
AGRARIAN: Lina Law (RA 7279)
f) Improve the capability of local government units in undertaking urban
development and housing programs and projects
Section 3
Professional Squatter:
refers to individuals or groups who occupy lands w/o the express
consent of landowner and who have sufficient income for
legitimate housing.
person who have previously been awarded homelots or housing
units by the Government but who sold, leased or transferred
the same to settle illegally in same place or in another urban
area.
Non-bona fide occupants and intruders of lands reserved for
socialized housing.
Term does not apply to individuals or groups who simply rent land housing
from professional squatters or squatting syndicates.
Section 27
Any person or group identified as such shall be summarily evicted and their
dwellings or structures demolished, and shall be disqualified to avail of
the benefits of the Program. A public official who tolerates or abets the
commission of the abovementioned acts shall be dealt with in
accordance with existing laws.
professional squatters or members of squatting
syndicates shall be imposed the penalty of six (6)
years imprisonment or a fine of not less than Sixty
thousand pesos (P60,000) but not more than One
hundred thousand pesos (P100,000), or both, at the
discretion of the court
Socialized housing – refers to housing programs/projects covering house
and lots or homelots only undertaken by Government or private sector for
the underprivileged and homeless citizens.
Underprivileged and homeless citizens – refers to beneficiaries of this Act
and to individuals or families residing in urban & urbanizable areas
whose income or combined household income falls within the poverty
threshold as defined by NEDA and who do not own housing facilities.
Samahan ng Masang Pilipino v. BCDA:
Facts:
Petitioner maintains that its members have been occupying peacefully and
continuously lots in Fort Bonifacio covered by a title in the name of USA
which has not been duly cancelled and that BCDA sent 30-day notices
of eviction to its members. It asserts the illegality of the imminent
eviction. Petitioner sought an injunction from SC.
President Ramos issued EO No. 40, 7 series of 1992, specifying, among
others, the portions of Metro Manila military camps to be utilized to
generate capital for the BCDA. Among these Metro Manila military
camps is Fort Bonifacio.
SC:
Those with financial capacity and resources to build their
own housing facilities are not “underprivileged and
homeless citizens” under RA 7279. The photos of
the structures reveal that these were built with
cement and other strong materials costing a lot of
value.
In fact, they would even be considered as professional
squatters under Section 3 (m) of RA 7279 .
Urban areas
refers to all cities regardless of population
density
refers to municipalities w/ a population density
of at least 500 persons per square
kilometer
Urbanizable areas
refers to sites and lands which, considering present characteristics and
prevailing conditions, display marked and great potential of becoming
urban areas within a period of 5 years.
Coverage (Sec. 4)
Program covers all lands in urban and urbanizable areas, including areas that
may be identified by LGUs suitable for socialized housing.
Exemptions (lands)
covered under CARP
actually used for national defense & security
actually used, reserved or otherwise set aside for
government offices, facilities, etc. (if not used for 10
years from effectivity, lands shall be covered.
those used or set aside for parks, forest, watersheds, etc.
those actually & primarily used for religious, charitable or
educational purposes, cultural or historical sites,
hospitals, cemeteries or memorial parks.
Priorities in Acquisition of land (Sec.9)
Lands for socialized housing shall be acquired in the following order:
1.) those owned by government, subdivisions, instrumentalities,
agencies, including GOCCs
2.) alienable lands of public domain
3.) unregistered or abandoned & idle land
4.) those within the declared APDs, etc. not yet acquired
5.) BLISS sites not yet acquired
6.) privately – owned lands
Filstream v. CA – reiterated in Heirs of J. B.L.Reyes
SC:
Private lands rank last in the order of priority.
Expro proceedings are to be resorted only when the other modes of
acquisition have been exhausted; Compliance w/ this is
mandatory.
Since there is no showing that City of Manila resorted to the other
lands before resorting to Filstream’s land, the right to due
process has been violated.
Modes of Acquisition (Sec. 10)
Expro shall be resorted only when the other mode of acquisition (community
mortgage, land swapping, land assembly, land banking, donation, joint
venture, negotiated purchase) have been exhausted.
land owned by small property owners shall be exempted from UDHA (whose
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 only real property consist of residential land not exceeding 300 sq. m.
(highly urbanized) and 800 sq. m. (in other urban areas).
Lagcao v. Hon. Labra
SC:
for failure to exhaust Sec. 10, ordinance authorizing Mayor to expropriate was
infirmed.
Limitations on disposition of land (Sec. 14)
Should beneficiary unlawfully sell, transfer or dispose his lot or right,
transaction shall be void & he shall lose right to land, forfeit amortizations paid
& shall be banned from the benefits under UDHA for 10 years from violation.
Eligibility criteria of beneficiary (Sec.16)
Filipino citizen
Must be underprivileged & homeless citizen
Must not own any real property whether urban or rural
Must not be a professional squatter or member of squatting
syndicate
Eviction & demolition (Sec. 28)
Eviction or demolition as a practice shall be discouraged
When eviction/demolition may be allowed:
persons or entitles occupy danger areas such as esteros, railroad
trade, garbage dumps, riverbanks & other public places
(summary/extrajudicial).
government infrastructure projects w/ available funding are about to
be implemented (summary/extrajudicial)
Samahang ng Masang Pilipino v. BCDA:
SC:
The second instance particularly partakes of a
government infrastructure project with available
funding that is about to be implemented. In the
instant case, what is applicable is the second case of
an extrajudicial summary eviction and demolition
BCDA has shown that the use of lots are required to
raised funds for conversion of Clark & Subic military
reservations.
when there is court order (judicial).
Tagbilaran Integrated Settlers v. CA
SC:
UDHA covers only lands in urban areas (stalls in commercial lot are
not impliedly covered.)
there was no allegation or proof that the lot falls w/in UDHA.
EXECUTION OF EVICTION/DEMOLITION
(Mandatory Requirements)
notice to affected person at least 30 days prior to date
adequate consultations on matter of settlement w/duly designated
representative of families to be resettled and the affected
communities in areas they are to be relocated
presence of local government official during eviction
proper identification of all persons taking part in demolition
Only during regular office hours from Mondays to Fridays & during
AGRARIAN: Lina Law (RA 7279)
good weather
No use of heavy equipment except permanent structure Balanced Housing Development may be complied by developers in any of the
Proper uniform for PNP following manner:
Adequate relocation (temporary/ permanent) provided that in case of Development of new settlement;
eviction thru court order, relocation shall be undertaken by Slum upgrading or renewal of areas for priority development either through
LGU & NHA, should relocation not be possible, financial zonal improvement programs or slum improvement and resettlement
assistance in amount equivalent to prevailing minimum daily programs;
wage multiplied by 60 days shall be extended to affected Joint-venture projects with either the local government units or any of the
families by LGU. housing agencies; or
Participation in the community mortgage program.
Serapion v CA
Even assuming R.A No. 7279 to be applicable, its moratorium period has Alternative Modes of Compliance (Sec. 18)
already lapsed as Sec. 44, Art. XII, of the law provides for a period of only Bonds of the Home Guaranty Corporation (HLURB Board Resolution No. 857,
three (3) years from the date of its effectivity. Since the law has been effective s. 2010)
since 24 March 1992, there is no longer any impediment to the proper eviction Participation in the construction of educational facilities such as public school
of petitioners from the land of private respondents as decreed in the final and buildings in socialized housing projects or resettlement areas (HLURB
executory decision of 7 September 1992 of the MeTC of Valenzuela, Metro Board Resolution No. 850, s. 2009)
Manila Investments in Pag-Ibig Bonds (HLURB Board Resolution No. 848, s. 2009)
Manapat v. CA What housing projects are covered?
SC : All housing projects whose selling price is above PHP180,000 in highly
position usually resulting from reorganization. urbanized areas and above, PHP 150,000 in non-urbanized areas
Socialized housing falls within the confines of “public use”
R.A. No. 7279 was enacted in 1992, almost two decades Are residential condominiums covered?
after the expropriation cases against the property
owners herein were instituted with the RTC in 1977. No, per Opinion of the Department of Justice, the law applies only to
The law looks forward, not backward. In these subdivisions; condominiums are a different type of project, and there is
consolidated cases, the Court finds that the no legal basis for requiring them to be covered by this requirement
language of R.A. No. 7279 does not suggest that the
Legislature has intended its provisions to have any
retroactive application. On the contrary, Section 49 of
the said law indicates that it "shall take effect upon
its publication in at least two (2) national newspapers
of general circulation.“ The law's prospective
application being clearly stated, the Court cannot
agree with the disposition of the appellate court that
the subject lots not exceeding 300 sq m are exempt
from expropriation
Questions on RA 7279
On the requirements of balanced Housing Development (Sec. 18)
How is the requirement of 20% socialized housing compliance computed,
is it based on the gross area or the saleable area of the project?
On the Gross area of the main subdivision project
Is this requirement of 20% compliance based only on area or also on
project cost?
At the option of the developer, it can be based on either
Section 18
“Socialized housing shall include a system to be specified in the Framework
plan whereby developers of proposed subdivision projects shall be required to
develop an area for socialized housing equivalent to at least twenty percent
(20%) of the total subdivision area or total subdivision project cost, at the
option of the developer, within the same city or municipality, whenever
feasible, and in accordance with the standards set by the Housing and Land
Use Regulatory Board and other existing laws.”
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