Title
UP Land for C-5 Extension and Housing
Law
Proclamation No. 1395
Decision Date
Sep 25, 2007
Proclamation No. 1395 declares certain parcels of land in the University of the Philippines as an access highway for the C-5 Extension Project, aiming to accelerate socio-economic growth and development in the Metro Luzon Urban Beltway Super Region.

Questions (PROCLAMATION NO. 1395)

It declares and reserves specific UP Diliman parcels (RIPADA areas: Pook Ricarte, Pook Palaris, Pook Dagohoy) for public purposes—(1) as an access highway for the C-5 Extension Project and (2) as housing facilities for deserving and bona fide occupants—thereby setting the intended governmental use and disposition framework under the Proclamation.

It covers an aggregate area of 84,383 square meters more or less, described in the text via technical descriptions of Lot 42-C-8-B (37,820 sq m) and Lot 42-C-8-C (46,563 sq m), situated in Matandang Balara, Tandang Sora, Quezon City, Barangay U.P. Campus, Diliman. Boundaries are stated by reference to surrounding lots/roads and lines on a subdivision plan.

First, as an access highway for the new road alignment of the C-5 Extension Project connecting NLEX and SLEX (37,820 sq m). Second, as housing facilities for deserving and bona fide occupants, including active and retired UP employees residing in the communities (46,563 sq m).

To justify the government’s intervention and the need for a development scheme under UP’s control, and to support the policy rationale that separating the areas from UP would allow the City to service them, but doing so may shift financial burden. Thus, the Proclamation frames MMDA/central government action as addressing service delivery gaps.

MMDA is tasked to implement activities under the direct supervision of the Office of the President. MMDA must coordinate engineering plans with DPWH, prepare a comprehensive housing development plan (including surveys in coordination with LRA and DENR), and formulate guidelines for land disposition (beneficiary qualifications, lot pricing, financing scheme, awarding procedures).

It cites MMDA’s mandated functions on transport and traffic management and on development of shelter and housing facilities under R.A. No. 7924, and its designation in NCR as Regional Development Council per Executive Order No. 113.

MMDA must prepare detailed engineering plans and designs for construction of the access highway for the C-5 Extension Project, in coordination with DPWH.

MMDA must prepare a comprehensive development plan for housing facilities for affected families, authorized to tap government agencies; conduct parcellary and topographic surveys in coordination with the Land Registration Authority and Land Management Bureau, and DENR; and formulate guidelines and procedures for land disposition and beneficiary selection.

It mandates MMDA to formulate, adopt, and implement guidelines, rules, and regulations on land disposition such as qualifications of beneficiaries, lot pricing, financing scheme, awarding of lots and facilities, required financial plans, and other related procedures.

It provides that any proceeds generated from land disposition shall accrue and be utilized for the development and general welfare of the community and of the University of the Philippines.

It states that any and all previous issuances inconsistent with the Proclamation shall be deemed repealed and/or modified accordingly.

It says there is a growing clamor to pursue the physical and socio-economic development of the RIPADA areas toward becoming a model urban community, and that these areas have been declared as an Area for Priority Development under Presidential Proclamation No. 1967.

It provides the background and approval context for the C-5 Extension Project, indicating that implementation was approved and announced by the President, supporting the urgency and necessity basis for the land reservation for the project.

Because legal disputes may involve whether land is used strictly for the purposes stated (access highway alignment vs. housing facilities). The Proclamation creates an intended allocation tied to specified areas and purposes, which becomes crucial when determining whether subsequent governmental actions remain within the Proclamation’s authorized scope.


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