QuestionsQuestions (MANILA CITY ORDICE NO. 8494)
It means the City of Manila retains ownership of the housing units while beneficiaries are granted only the right to use and enjoy (beneficial possession) of the units, without transferring ownership. This is consistent with usufruct concepts under Philippine civil law.
Beneficiaries are prohibited from selling, transferring, or leasing the use of the housing units. Any sale/transfer/lease is void, and the City (together with barangay officials) shall evict the transferee/lessee/any occupant who is not an authorized beneficiary.
Beneficiaries shall be chosen in accordance with the Code of Policy as approved by the Local Housing Board.
The housing unit shall be transferred to a new beneficiary in accordance with the prioritization in the validated list approved by the Manila Social Welfare Department.
Beneficiaries may not modify the unit by extending to the front, back, or sides. Such extensions are subject to demolition by barangay officials tasked with maintaining public areas together with the homeowners association.
Vertical extensions are only allowed upon compliance with building laws, local ordinances, and applicable rules and regulations.
Beneficiaries must organize themselves into a homeowners association and provide rules and regulations to maintain peace and order, traffic, sanitation, and cleanliness within the housing project.
The Urban Settlements Office and the Local Inter-Agency Committee must conduct an orientation. The purpose is to inform beneficiaries of the rules and regulations for use of the housing units as contained in the ordinance.
Strict implementation is assigned to the Urban Settlements Office, the homeowners association, and the Sangguniang Barangay of Baseco.
It takes effect upon completion of the project and when the housing units are turned over to the beneficiaries.
The housing project is funded from a DILG Seed Grant in the amount of Php 36,000,000.00, and the counterpart road network and site development come from the City of Manila.
It uses the DILG funding premise to justify the arrangement that the housing should be transferred to beneficiaries by usufruct only, while ownership remains with the City.
Barangay officials are tasked with maintenance of public areas along with the homeowners association, and barangay officials are also empowered to demolish prohibited extensions (front/back/side extensions).
The beneficiaries, through a homeowners association, must create/assume responsibility for local internal rules to maintain order and cleanliness; however, the ordinance still imposes binding conditions (e.g., prohibitions on transfer/lease and modifications), and implementation is still supervised by the Urban Settlements Office and barangay institutions.
It indicates that beneficiaries have no ownership rights; they only have usufruct rights subject to conditions. The City retains ownership and can enforce restrictions and evict unauthorized occupants if conditions are violated.