Title
Off-site GK Projects Exempt from License to Sell
Law
Hlurb Board No. 820, S. 2008
Decision Date
Jul 21, 2008
Off-site Gawad Kalinga projects, which provide housing to beneficiaries rather than selling to the public, are exempt from the HLURB's license to sell requirements, as resolved on July 21, 2008.

Questions (HLURB BOARD Resolution NO. 820, S. 2008)

It declares that off-site GK projects are not covered by the HLURB License to Sell, provided they are not for sale to the general public but instead are awarded to beneficiaries.

The project must not be for sale to the general public; it must be awarded to beneficiaries.

Because the HLURB’s License to Sell is designed to regulate transactions involving sale to the public; if the project is not offered for public sale and is instead awarded to beneficiaries, the Resolution treats it as outside the License to Sell coverage.

GK’s track record of building inexpensive houses that are awarded to beneficiaries (not sold to the general public), including its partnership model with academe and civic groups.

The Resolution refers to GK housing projects located outside a particular site arrangement, but the critical legal treatment depends on the same exemption principle: they must not be sold to the general public and must be awarded to beneficiaries.

No. The exemption applies only to off-site GK projects that are not for sale to the general public and that are awarded to beneficiaries.

Officials including the HUDCC Chairman (Vice-President of the Philippines), NEDA Director General, HLURB CEO/Commissioner, DOJ representative, DILG representative, DPWH representatives, and HLURB Board Secretary are listed. This indicates it was adopted/approved by the HLURB Board with inter-agency participation as reflected in the signatories.

It declares that the specified off-site GK projects need not be covered by the HLURB License to Sell, as long as the stated conditions are met.

It links exemption to GK’s program being based on bayanihan and partnership arrangements, resulting in houses that are awarded to beneficiaries rather than sold to the public.

Based on the text, no. The exemption is conditional; if the project becomes for sale to the general public, it would not meet the “not for sale to the general public” requirement.

That regulation like the License to Sell is aimed at protecting the public in sales transactions; where there is no public sale and instead a beneficiary-awarding arrangement, the need for a License to Sell may be reduced or considered inapplicable.

Conditionality—i.e., exemption hinges on the manner of disposition (awarded to beneficiaries vs. sold to the general public).

Evidence that the units are awarded to identified beneficiaries under GK’s program (not offered for public purchase), such as beneficiary selection documentation, project program rules, and proof of non-marketing to the general public.

Because the Resolution is directly addressing HLURB’s License to Sell coverage. It does not necessarily waive other requirements; it only declares non-coverage for the License to Sell under the stated conditions.


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