Question & AnswerQ&A (Republic Act No. 9397)
The primary purpose of Republic Act No. 9397 is to amend Section 12 of Republic Act No. 7279, the Urban Development and Housing Act of 1992, specifically to provide alternative schemes for the disposition of lands for socialized housing.
The National Housing Authority, the Government, and local government units coordinate to formulate and make available various alternative schemes for the disposition of lands to beneficiaries of the socialized housing program.
Alternative schemes include transfer of ownership in fee simple, lease with option to purchase, usufruct, public rental housing, or other variations deemed expedient by the National Housing Authority or local government units.
Direct negotiated sale without public bidding is allowed if: (a) the lands are within a residential zone, (b) certified for socialized housing by the Housing and Urban Development Coordinating Council, (c) occupants are qualified beneficiaries registered under Sections 16 and 17 of the Act, (d) the cost is affordable considering income and land valuation, (e) subsequent disposition follows limitations in Section 14, and (f) occupants have resided on the lands subject to prohibitions in Section 31.
The cost must be made affordable to the beneficiaries, taking into account their income and the land valuation required under Section 13 of the Urban Development and Housing Act.
The Council certifies that the lands are for socialized housing purposes, a prerequisite for direct negotiated sales to occupants under the Act.
Lands must be within a residential zone as classified by the local government unit involved for them to be eligible for disposition under the Act.
Yes, a scheme for public rental housing may be adopted consistent with the provisions of the Act as an alternative method of disposition.
The separability clause ensures that if any part of the Act is held unconstitutional or invalid, other unaffected provisions shall remain in full force and effect.
All laws, presidential decrees, executive orders, rules, and regulations or parts thereof inconsistent with RA 9397 are repealed, amended, or modified accordingly.