Law Summary
Scope and Objectives of Land Use Control Program
- Establishes an integrated land use control program nationwide.
- Objectives include fostering integrated urban and rural development that optimizes land use, provides adequate shelter, and protects the environment.
- Promotes optimum use of land as a public resource rather than a speculative commodity.
- Ensures enforcement, coordination, and improvement of land use policies including urban land reform, subdivision, condominium buyer protection, land value, and rental regulations.
Key Definitions
- "Commission" refers to the Human Settlements Regulatory Commission.
- "Commission proper" denotes the nine-member body including appointed and ex-officio members.
- "Function" encompasses the powers and duties assigned to the Commission.
Establishment and Quasi-Judicial Nature
- Human Settlements Regulatory Commission (HSRC) is created with quasi-judicial powers.
- The HSRC is attached to the Ministry of Human Settlements.
Powers and Duties of the Commission
- Promulgate zoning and land use standards governing local and national projects, respecting forest land classifications.
- Review and approve local land use plans, zoning ordinances, and projects from both public and private sectors.
- Issue rules to enforce land use and human settlement policies under various related laws.
- Ensure compliance with established standards and conduct public hearings.
- Serve as appellate body for planning and zoning decisions at local and regional levels.
- Foster cooperation with private and government agencies by providing legal and technical assistance.
- Develop prototype projects supporting regulatory functions.
- Call upon government and private entities for assistance.
- Establish procedural rules, staff the Commission with qualified personnel, and enter contracts as necessary.
- Acquire and dispose of properties essential for project implementation, including exercising eminent domain.
- Collect fees related to its regulatory functions.
- Impose administrative fines up to P20,000 for violations of the charter and rules.
- Order cessation, closure, or demolition of activities and structures violating laws or regulations.
- Hold in contempt persons disrupting Commission proceedings or disobeying orders, with fines and confinement powers.
- Prohibition on injunctions or restraining orders against the Commission when enforcing Urban Land Reform or priority programs.
- Appeals from Commission decisions go to the President; Supreme Court review only on questions of law.
Composition and Structure of the Commission Proper
- Nine members: Minister of Human Settlements (Chairman), four full-time Presidential appointees (one CEO), and four ex-officio Deputy Ministers from Justice, NEDA, Local Government and Public Works.
- Executive Committee composed of the four full-time Commissioners and Deputy Minister of Justice acts on behalf of the Commission subject to ratification.
- Commission Secretary is a lawyer appointed by the Chairman.
Qualifications, Tenure, and Compensation of Commissioners
- Three of the four full-time Commissioners must be lawyers; the fourth a specialist in planning, management, architecture, or related field.
- Minimum five years professional experience required.
- Six-year terms for appointments, staggered initially for continuity.
- Salaries and privileges governed by existing laws; ex-officio members receive honoraria and per diems as determined.
Duties and Responsibilities of the Chief Executive Officer
- Administers policies approved by the Commission Proper.
- Appoints and maintains technical, legal, and administrative staff with Commission approval.
- Manages daily operations and internal administration.
- Establishes internal organization with Commission consent.
- Prepares agendas, proposes policies, and enters contracts under guidelines.
- Represents the Commission in dealings with government and private entities; represents it in legal proceedings.
- May delegate administrative duties with Commission approval.
- Decisions appealable to the Commission Proper.
Transfer and Integration of Regulatory Functions
- Regulatory functions of the National Housing Authority regarding real estate trade, subdivision registration, licensing, registration of dealers, mortgage approvals, permits, regulation of lessor-lessee relations, and adjudication of real estate disputes transferred to the Commission.
- Transfer includes personnel, budget, records, and equipment.
Financial Autonomy and Personnel Classification
- Income from fees, fines, and charges may be used directly by the Commission to defray expenses and provide personnel allowances.
- Professional and technical personnel exempt from standard wage and classification systems.
Administrative Fines
- The Commission may impose administrative fines not exceeding P10,000 for violations of its rules and regulations.
- Fines are enforceable through court writs and are additional to other sanctions.
Penal Provisions
- Violations punishable by fines up to P20,000 and/or imprisonment (prision correccional).
- Corporate officers and responsible persons criminally liable for violations committed by their entities.
Repealing, Separability, and Effectivity Clauses
- Prior inconsistent laws, decrees, and orders repealed or modified, including P.D. Nos. 933, 757, and 957.
- If any part of the Order is declared unconstitutional, the remainder remains effective.
- The Order took effect immediately upon signing (February 7, 1981).