Title
Devolution of Housing Powers to ARMM
Law
Executive Order No. 461
Decision Date
May 17, 1991
Corazon C. Aquino's Executive Order No. 461 devolves key housing and land use regulatory powers from the Housing and Land Use Regulatory Board and the National Housing Authority to the Autonomous Regional Government of the Autonomous Region in Muslim Mindanao, enabling it to develop and implement comprehensive urban and rural development policies tailored to the region's needs.
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Questions (EXECUTIVE ORDER NO. 461)

The ARG in the ARMM may exercise the power of eminent domain as provided by Section 3, Article V of Republic Act No. 6734, which is recognized and operationalized under this Executive Order.

The ARG shall ensure compliance with human settlement policies, promote coordination in housing plans, issue permits and licenses for projects within ARMM, conduct public hearings, issue orders to cease violations, promulgate zoning and land use control standards, review and approve local land use plans, and perform related functions necessary for effective urban and rural development within the ARMM.

The HLURB retains quasi-judicial jurisdiction over disputes requiring settlement or adjudication even after devolving other functions to the ARG, subject to future regional laws that may transfer this jurisdiction.

These include developing and implementing integrated housing programs, formulating housing policies, prescriptive standards for land reservation and utilization, undertaking housing and resettlement projects, regulating real estate trade/business and landlord-tenant relationships, investing funds, and receiving donations for housing objectives.

Subject to national policies, the ARG may issue bonds, contract loans, credits or indebtedness, including deferred payment schemes, to support its housing programs.

They shall provide technical assistance to the ARG to develop its organizational capacity for managing housing and land use programs effectively.

The ARG may create its own standards for human settlements and land use but must ensure these standards comply with relevant national laws and maintain national standards as a minimum baseline.

Section 5 provides that if any part of the Executive Order is held unconstitutional or contrary to law, the unaffected parts shall remain in full force and effect, ensuring continuity of the remaining provisions.

The order took effect fifteen (15) days after its publication in a national newspaper of general circulation and one local newspaper in the ARMM.


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