Title
Cancellation and Redevelopment of ALTA Subdivision
Law
Presidential Decree No. 1808
Decision Date
Jan 16, 1981
Presidential Decree No. 1808 cancels awards, contracts, and titles of lots in the Agno-Leveriza Tenant Association Subdivision, aiming to address land tenure issues and implement comprehensive development plans under the Zonal Improvement Program. The National Housing Authority is designated as the Administrator of the subdivision, responsible for refunding payments, expropriating adjacent lots, and developing a comprehensive plan for the area.

Policy and declared purpose

  • The Decree affirms that slum improvement and resettlement, also known as upgrading of sites and services, is an accepted approach to meeting housing needs and addressing slums and blighted communities.
  • The Decree recognizes that the Agno-Leveriza area was identified as a depressed area for priority development under the ZIP.
  • The Decree aims to urgently resolve the land tenure problem in the Agno-Leveriza area to enable comprehensive development plans under the ZIP.
  • The Decree aims to dispose generated lots to present bona-fide occupants and other qualified squatter families through a structured program.

Designated authority and key coverage

  • Section 1 designates the National Housing Authority (NHA) as Administrator for the National Government for purposes of taking possession, control, disposition, and development of the ALTA Subdivision.
  • Section 2 cancels and revokes awards and conveyance contracts executed under Republic Act No. 4145 of the City of Manila within the Agno-Leveriza Tenant Association (ALTA) Subdivision.
  • The land affected consists of lots covered by Transfer Certificates of Title Nos. 70406, 31713, 132081, and 134314, all situated at Malate, Manila.
  • Section 5 further covers vacant lots of private ownership adjoining the ALTA Subdivision that are covered by Transfer Certificates of Title Nos. 70406, 31710, 132081, and 134314.

Cancellation, reconveyance, and title action

  • Section 2 cancels awards, conditional contracts to sell, deeds of sale, and other contracts leading to conveyance executed under Republic Act No. 4145.
  • Section 2 cancels the corresponding Transfer Certificates of Title and titles derived therefrom and issued pursuant thereto.
  • Section 2 provides that ownership of the covered lots reverts back to the Government if the awardee, purchaser, or successor-in-interest is a non-resident and not in actual physical possession of the lot.
  • Section 4 directs the Register of Deeds of Manila to cancel the cancelled Transfer Certificates of Title in the registry books.
  • Section 4 directs issuance of new titles in the name of the Republic of the Philippines, with the NHA as Administrator, without the necessity of a court declaration.

Refund and payment for lots

  • Section 3 requires the NHA to refund lot awardees of the ALTA Subdivision who are still paying installments to the City of Manila.
  • Section 3 provides that the refund equals amounts they have paid with interest at twelve percent (12%) per annum.
  • Section 3 requires awardee-claimants to present to the NHA a certification from the City Treasurer of Manila indicating the total amount paid, including land taxes.
  • Section 3 requires the NHA to pay those who have fully paid obligations to the City of Manila on or before the issuance of this Decree (or their successor-in-interest) the just compensation of their lots in accordance with PD No. 1533.
  • Section 3 allows refund or payment to be effected directly or by depositing it with the Philippine National Bank, which is directed to accept deposits in trust from awardee/purchasers-claimants.

Expropriation and redevelopment planning

  • Section 5 directs the NHA to expropriate vacant privately owned lots adjoining the ALTA Subdivision covered by the specified Transfer Certificates of Title, identified as a blighted area.
  • Section 5 ties coverage to inclusion in the ZIP under Metro Manila Executive Order No. 6-77 pursuant to LOI 555, as amended by LOI 686, and to inclusion as an Area for Priority Development (APD) under Proclamation No. 1967.
  • Section 6 requires the NHA, as lead agency in ZIP implementation, with the assistance of the Mayor of Manila and in consultation with the Metro Manila Commission, to evolve, prepare, and implement a comprehensive development plan.
  • Section 6 requires the plan to consider upgrading existing dwelling units, relocating qualified squatter families to a nearby resettlement area, and reblocking/rearrangement/realignment to introduce basic facilities and services.
  • Section 6 requires maximizing land use and providing controlled, orderly, structured growth with adequate sanitary and other physical facilities.
  • Section 6 authorizes the NHA to adopt rules and regulations governing disposition and award of lots consistent with LOI's 555 and 557, as amended.
  • Section 7 mandates that development and disposition conform to funding arrangements and design standards agreed between the Government of the Philippines and the International Bank for Reconstruction and Development (IBRD) as part of the Third Urban Development Project.
  • Section 7 requires proper recovery of funds invested under the project according to LOI's 555 and 557, as amended, and requires land tenure consistent with that defined by LOI 555, as amended.
  • Section 7 directs that the selling price of land be fixed at a per square meter cost established to recover the expropriation cost and other development costs chargeable to beneficiaries under LOI 555, as amended, or such other amount appropriate under cost recovery arrangements agreed with the IBRD.
  • Sections 6 and 7 extend to govern the development and disposition of Lot 21-B of Block 610 in the Agno-Leveriza area.
  • Section 8 provides that amounts needed to finance components of the development plan shall be appropriated from funds made available to the NHA as part of the Third Urban Development Project, and that the NHA shall undertake a one (1) year development program under ZIP.
  • Section 8 requires that funds to support expropriation of the property and to refund installment payments by awardees be made available similarly.

Funding availability and beneficiary recovery

  • Section 9 requires the Ministry of the Budget to make available to the NHA all appropriations according to the provisions of the program to be evolved and implemented by the NHA for the area.
  • Section 10 provides that appropriated amounts are to be recovered from beneficiaries in accordance with LOI 555, as amended.
  • Section 10 requires beneficiaries to pay religiously and after a grace period of three (3) months.
  • Section 10 provides that failure to pay or update dues and/or amortizations causes summary ejection by the NHA of violators from the lots allotted to them without the need for a court order.
  • Section 10 provides that summary ejection does not subject duly authorized NHA representatives to any civil or criminal liability.
  • Section 10 provides that the ejected beneficiary is treated as a mere squatter on the premises, with all force of law applied and with no further right to the benefits of the Decree.
  • Section 10 requires that the summary ejection and beneficiary payment terms be embodied in an agreement between the NHA and the beneficiaries.

Finality of NHA actions and appeal window

  • Section 11 provides that decisions, rulings, orders, or resolutions of the NHA relating to disposition of lots or dwelling units, or rights acquired, or the ejection of delinquent beneficiaries, cannot be the subject of judicial review.
  • Section 11 provides that such NHA actions are final unless appealed to the Office of the President.
  • Section 11 requires that appeals to the Office of the President be filed within thirty (30) days from receipt of the NHA decisions, rulings, orders, or resolutions.
  • Section 11 provides that if, within sixty (60) days from notice of appeal, the Office of the President has not reversed nor modified the NHA action, the action is deemed affirmed.

Substantive incorporation and governing issuances

  • The Decree repeatedly ties development, land tenure, disposition rules, selling prices, and fund recovery to LOI 555 and LOI 557, both as amended.
  • The Decree links the ZIP implementation and APD identification to Metro Manila Executive Order No. 6-77 (pursuant to LOI 555, as amended by LOI 686) and Proclamation No. 1967.
  • The Decree directs just compensation for fully paid obligations to be determined in accordance with PD No. 1533.
  • The Decree requires that redevelopment be structured consistent with funding and design standards agreed with the IBRD under the Third Urban Development Project.

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