Title
Reorganization of Human Settlements Regulatory Commission
Law
Executive Order No. 648
Decision Date
Feb 7, 1981
Executive Order No. 648 reorganizes the Human Settlements Regulatory Commission in the Philippines to strengthen land use policies and regulations, with the power to impose fines and issue orders for violations, while allowing for appeals to the President and Supreme Court.

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).

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.