QuestionsQuestions (Republic Act No. 11201)
RA 11201 is the “Department of Human Settlements and Urban Development Act.” It declares the State’s policy to ensure underprivileged and homeless citizens have access to adequate, safe, secure, habitable, sustainable, resilient and affordable housing, and to undertake continuing housing and urban development programs in cooperation with the private sector, respecting small property owners and preventing eviction/demolition except in accordance with law.
ISFs are households living on a lot (private or public) without the property owner’s consent or without legal claim over the property, or those living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, and waterways.
It is a project whose development is not completed according to the approved development plan despite lapse of at least ten (10) years from the target completion date and it appears the developer has no intention to complete, or despite diligent effort for at least the last five (5) years the project owner/developer cannot be located.
A document formulated by the LGU in consultation with stakeholders that provides guidelines on allocation, utilization, development, and management of all lands within a jurisdiction according to the land’s inherent qualities and supportive economic, demographic, socio-cultural and environmental objectives.
It is the primary national government entity responsible for housing, human settlements, and urban development; it acts as the sole and main planning and policy-making, regulatory, program coordination, and performance monitoring entity for these concerns, focusing on access to and affordability of basic human needs, and ensuring alignment of policies/programs/projects of attached agencies.
The Housing and Urban Development Coordinating Council (HUDCC) and the Housing and Land Use Regulatory Board (HLURB) are consolidated into DHSUD.
Among others: develop/maintain shelter and urban development management information systems (idle lands, CLUPs, housing stocks, beneficiaries); provide technical assistance to LGUs (including Local Housing Board/LSP/CLUP capability); assist LGUs on socialized housing tax; own and administer certain unused government-owned lands suitable for urban development/housing (excluding lands held in trust by GOCCs for members); formulate land use planning/zoning standards; and develop a comprehensive plan for government centers.
RA 11201, Section 5(III)(c) and Section 5(IV)(d), provides for a single regulatory system governing planning, production, marketing, and management of housing and urban development projects, without encroaching on the jurisdiction of other agencies.
RA 11201 reconstitutes the HLURB as the HSAC. The adjudicatory function of the HLURB is transferred to the HSAC, and the Commission is attached to the DHSUD for policy, planning, and program coordination only.
The HSAC has exclusive appellate jurisdiction over (1) all cases decided by the Regional Adjudicators, and (2) appeals from decisions of local and regional planning and zoning bodies.
They hear and decide cases involving: real estate development issues (e.g., unsound real estate business practices; claims/refunds; specific performance; open spaces/common areas including eviction of informal settlers in accordance with law; abandoned developments for PD 957 purposes; easements; annulment of certain mortgages); HOA-related controversies; disputes involving Section 18 of RA 7279; and disputes/controversies involving laws and regulations implemented by the DHSUD except those within jurisdiction of other judicial/quasi-judicial bodies.
The HSAC decision is final and executory after fifteen (15) calendar days from receipt thereof by the parties.
(a) Decisions/awards/orders of Regional Adjudicators are final and executory unless appealed to the HSAC within fifteen (15) calendar days from receipt. (b) HSAC decisions on disputed matters may be brought to the Court of Appeals under Rule 43 of the Rules of Court.
The HSAC or Regional Adjudicator may issue a writ of execution within five (5) years from the date it becomes final and executory, either motu proprio or on motion. Enforcement may also be by independent action filed with the issuing Regional Adjudication Branch. The Commission appoints sheriffs responsible for service and execution.
Criminal prosecution is instituted before criminal courts with appropriate jurisdiction (Section 20).
DHSUD must establish HOPCs in regions to centralize processing and issuance of all required housing-related permits, clearances, and licenses in accordance with Executive Order No. 45 (and relevant time-period/sanctions scheme). Agencies must be represented in the HOPC and assign authorized personnel. Ceilings for housing categories are jointly determined by DHSUD and NEDA and may be reviewed/revised not more than once every two (2) years.
Government lands idle for more than ten (10) years (except GOCC and government financial institution lands held for fiduciary shelter financing, and lands taken possession of in ordinary business) are prioritized. Lands exempted from conversion under existing laws are excluded from coverage. Identified national lands are transferred to or administered by DHSUD subject to President’s approval.
Transition period to complete transfer of functions/assets/funds/personnel/equipment/transactions and finalize internal staffing/operations/revised budgets is within six (6) months from effectivity; pending HLURB applications/cases continue to be acted upon during transition. Dispositive actions within six (6) months include transfer of assets/records of HUDCC and HLURB to DHSUD/HSAC and causing creation of additional positions and budget augmentation if needed. Employees are absorbed with security of tenure under RA 6656; those opting separation receive separation benefits per law.