QuestionsQuestions (Republic Act No. 7279)
RA 7279 declares the State policy to undertake, in cooperation with the private sector, a comprehensive and continuing Urban Development and Housing Program to uplift underprivileged and homeless citizens in urban and resettlement areas by providing decent housing at affordable cost, basic services, and employment opportunities; rationally utilize and develop urban land; reduce urban dysfunctions affecting public health and safety and ecology; ensure access to land and housing for the underprivileged and homeless; regulate urban growth; provide an equitable land tenure system with security of tenure for Program beneficiaries while respecting small property owners and ensuring just compensation; encourage people’s participation; and improve LGU capability in urban development and housing programs.
Affordable cost refers to the most reasonable price of land and shelter based on the needs and financial capability of Program beneficiaries and appropriate financing schemes. Security of tenure is the degree of protection afforded to qualified Program beneficiaries against infringement or unjust, unreasonable and arbitrary eviction or disposition by virtue of ownership, lease agreement, usufruct, or other contractual arrangements. Socialized housing refers to housing programs and projects covering houses and lots/homelots undertaken by government or the private sector for the underprivileged and homeless, including sites and services development, long-term financing, liberalized terms on interest payments, and other benefits under the Act.
The Program covers all lands in urban and urbanizable areas, including existing areas for priority development, zonal improvement sites, slum improvement and resettlement sites, and other areas identified by LGUs as suitable for socialized housing.
Exemptions include: (1) lands covered by RA 6657 (Comprehensive Agrarian Reform Law); (2) lands actually used for national defense and security; (3) lands used/reserved for government offices, facilities, and installations (with a key proviso that unused/reserved lands for the past 10 years from the Act’s effectivity are covered); (4) lands used or set aside for parks, reserves for flora and fauna, forests and watersheds, and areas necessary to maintain ecological balance/environment protection; and (5) lands actually and primarily used for religious, charitable, or educational purposes, cultural and historical sites, hospitals/health centers, and cemeteries or memorial parks. Exemptions do not apply if the use/purpose has ceased.
LGUs must conduct an inventory of all lands and improvements in their jurisdictions, including: residential lands; government-owned lands; unregistered/abandoned and idle lands; and other lands. They must indicate type of land use and degree of land utilization and other needed data. Copies must be furnished to the Housing and Urban Development Coordinating Council (HUDCC) for planning and must be updated every three (3) years.
RA 7279 provides an order of priorities: (1) government-owned or government agency lands (including GOCC subsidiaries); (2) alienable lands of the public domain; (3) unregistered/abandoned and idle lands; (4) lands within declared Areas for Priority Development and Zonal Improvement/Slum Improvement and Resettlement sites not yet acquired; (5) BLISS sites not yet acquired; and (6) privately-owned lands. On-site development may justify non-application of this order, and LGUs must give budgetary priority to on-site development of government lands.
Expropriation is allowed only after other modes of acquisition have been exhausted. For socialized housing, parcels of land owned by small property owners are exempted from expropriation for purposes of the Act.
Modes include community mortgage, land swapping, land assembly or consolidation, land banking, donation to the government, joint-venture agreement, negotiated purchase, and expropriation (only as a last resort).
All idle lands in urban and urbanizable areas, as defined/identified under the Act, must be expropriated and form part of the public domain. Expropriation proceedings are instituted if, after one (1) year following receipt of notice of acquisition, the owner fails to introduce improvements as defined in the Act (except for force majeure and fortuitous events). Residential lands owned by small property owners and lands with pending litigation are exempt from this provision.
Beneficiaries may not sell, alienate, convey, encumber, or lease the land/improvements/rights except to qualified Program beneficiaries. If a beneficiary unlawfully disposes of the lot or rights, the transaction is null and void; the beneficiary loses the right to the land, forfeits total amortization paid, and is barred from benefits for ten (10) years from the date of violation. If the beneficiary dies before full ownership vests, transfer to heirs is allowed only upon assumption of outstanding obligations; failure of heirs to assume results in reversion to the government for disposition under the Act.
A beneficiary must be a Filipino citizen; an underprivileged and homeless citizen (as defined, including those living in makeshift dwellings without security of tenure and within the poverty threshold); must not own any real property in urban or rural areas; and must not be a professional squatter or a member of squatting syndicates.
Developers of proposed subdivision projects must develop an area for socialized housing equivalent to at least 20% of the total subdivision area or total subdivision project cost (within the same city or municipality when feasible), subject to standards set by the Housing and Land Use Regulatory Board and other existing laws. This requirement may be complied with through alternative modes such as development of new settlement, slum upgrading/renewal, joint-venture projects, or participation in the community mortgage program.
Required basic services/facilities include: potable water; power/electricity with an adequate power distribution system; sewerage facilities and efficient and adequate solid waste disposal; and access to primary roads and transportation facilities. Other services (health, education, communications, security, recreation, relief/welfare) should be planned and given priority.
Eviction/demolition is discouraged but allowed in specific cases (danger areas; implementation of government infrastructure projects with available funding; or court order). Mandatory safeguards include: at least 30 days’ notice; adequate consultations with duly designated family/community representatives; presence of LG officials/representatives; proper identification of demolition personnel; demolition execution only during regular office hours and good weather (unless affected families consent otherwise); no heavy equipment for demolition except for permanent concrete structures; police uniforms and disturbance control procedures; and adequate relocation (temporary or permanent). For court-order evictions, relocation must be done within 45 days from service of final judgment notice, otherwise financial assistance equal to prevailing minimum daily wage × 60 days must be extended by the LGU.
It is unlawful to construct structures in the danger areas enumerated in the preceding section. Barangay, municipal, or city governments must prevent construction of illegal dwelling units/structures. The head of the LGU who allows, abets, or tolerates such construction is liable to administrative sanctions under existing laws and to penal sanctions under RA 7279.
CMP is a mortgage financing program of the National Home Mortgage Finance Corporation that assists legally organized associations of underprivileged and homeless citizens to purchase and develop a tract of land under the concept of community ownership. Its primary objective is to help residents of blighted/depressed areas own the lots they occupy or choose to relocate to and eventually improve their neighborhood and homes within their affordability.