Title
Creation and Powers of National Housing Authority
Law
Presidential Decree No. 757
Decision Date
Jul 31, 1975
Presidential Decree No. 757 establishes the National Housing Authority to address the housing problem in the Philippines through a comprehensive mass housing development program, emphasizing government regulation, private sector participation, and the provision of adequate housing for the people.

Questions (PRESIDENTIAL DECREE NO. 757)

NHA is a government corporation created under PD 757 to develop and implement the comprehensive and integrated housing program. It is under the Office of the President.

NHA exists for fifty (50) years, but it may be extended.

The program must embrace housing development and resettlement, sources and schemes of financing, and delineation of government and private sector participation, including priorities and targets in accordance with the integrated national human settlements plan.

Among the factors are (1) management of urban development for economic/social well-being and mobility; (2) conservation of land for housing and regulation of land use for optimum patterns; (3) organizing public/private resources into financial intermediaries and providing incentives to broaden private participation; and (4) extensive use of building systems to reduce costs while meeting engineering/environmental standards.

Examples: (1) provide and maintain adequate housing for the greatest possible number of people; (2) undertake housing, development, resettlement, or other activities enhancing housing for every Filipino; and (3) harness and promote private participation in housing ventures (capital, land, expertise, financing, and other facilities).

It has an authorized capital of Five Hundred Million Pesos, fully subscribed by the Republic of the Philippines, with an initial appropriation of Fifty Million Pesos upon approval (including five million upon organization) and subsequent yearly appropriations of Fifty Million Pesos for nine years.

They are dissolved, and their powers/functions, records, assets, rights, choses in action, and balance of appropriations are transferred to, vested in, and assumed by the NHA.

COA must make an inventory and evaluation of the properties, equipment, assets, rights, choses in action, obligations and liabilities of the dissolved agencies.

They are transferred to the NHA, which administers, develops, disposes them, collects accounts receivables, pays liabilities, and enforces related choses in action. Transfers are made estate-to-estate after liquidation in accordance with auditing/accounting rules.

It may exercise the right of eminent domain or acquire by purchase privately owned lands for housing development, resettlement, and related services/facilities.

NHA may issue bonds or contract loans/credits/indebtedness (including supplier credit or deferred payment arrangements) and may invest its funds in government/central bank-guaranteed securities as provided.

It can prescribe and enforce guidelines/standards/regulations to protect home and lot buyers through regulation of the real estate trade and business; and regulate the relationship between owners and lessees of residential properties.

It includes the Secretary of Public Works, Transportation and Communications; Director-General of the National Economic and Development Authority; Secretary of Finance; Secretary of Labor; Secretary of Industry; Executive Secretary; and the General Manager of NHA. The President appoints a chairman from among members.

Four members constitute a quorum, and decisions require the concurrence of at least four members.

They include formulating promulgating implementing rules and regulations; acting on the annual and supplemental budgets submitted by the General Manager (reducing but not increasing items); approving organizational structure/staffing pattern and personnel salaries/powers and duties; entering necessary contracts; rendering reports; and exercising all powers necessary/incidental to attain decree objectives.

He directs/supervises operations; prepares the Board agenda and submits measures; executes and administers Board-approved policies; appoints/removes/disciplines subordinate personnel subject to Board approval; represents the Authority in dealings; acts on matters not reserved to the Board; and performs other powers/duties vested by the Board.

They are exempt from the Wage and Position Classification Office rules and from Civil Service Commission examination/eligibility requirements, subject to Board approval of staffing and compensation arrangements.

Issuance requires approval of the Secretary of Finance after consultation with the Monetary Board; only the amount needed annually for project implementation may be issued; no bonds unless 80% of previously issued are sold; and total bond/securities issued may not exceed ten times paid-up capital and surplus.


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