Title
Creation and Powers of National Housing Authority
Law
Presidential Decree No. 757
Decision Date
Jul 31, 1975
Presidential Decree No. 757 establishes the National Housing Authority to address the housing problem in the Philippines through a comprehensive mass housing development program, emphasizing government regulation, private sector participation, and the provision of adequate housing for the people.
A

Establishment of the National Housing Authority (NHA)

  • Government corporation created to implement the housing program.
  • Principal office in Greater Manila; may establish branches nationwide.
  • Operates under the Office of the President for fifty years, extendable.

Objectives of the National Housing Authority

  • Provide and maintain adequate housing for maximum possible citizens.
  • Undertake development, resettlement and housing-related activities.
  • Promote private sector participation in housing ventures and financing.

Capitalization and Funding

  • Authorized capital of 500 million pesos fully subscribed by the government.
  • Initial 50 million pesos appropriated at approval; further 50 million annually for nine years.
  • Excludes assets transferred from dissolved agencies for capital calculation.

Dissolution and Integration of Existing Housing Agencies

  • Dissolves various existing housing and resettlement agencies.
  • Transfers their powers, assets, liabilities, records to NHA.
  • Conducts inventory and evaluation by Commission on Audit.
  • Personnel absorption based on merit under a progressive merit system.
  • Financial liabilities assumed by the National Government via bonds or appropriations.

Powers and Functions of the NHA

  • Implement housing program and enforce housing policies and standards.
  • Acquire land through eminent domain or purchase for housing purposes.
  • Undertake housing projects including joint ventures.
  • Issue bonds and loans; manage government and international housing commitments.
  • Promote technical assistance and regulate real estate trade for buyer protection.
  • Regulate owner-lessee relationships in residential properties.
  • Exercise all acts necessary to fulfill its mandate; promulgate rules with Presidential approval.

Governance by the Board of Directors

  • Board composed of key cabinet members and the General Manager of NHA.
  • President appoints Chairman; Board may have alternates.
  • Quorum requires four members; decisions by majority concurrence.
  • Board meets regularly monthly and as needed.

Authority and Duties of the Board

  • Formulate implementing rules and regulations.
  • Approve budgets within limits; organizational structure and staffing.
  • Approve contracts essential for statutory objectives.
  • Submit required reports to the President.

Duties of the General Manager

  • Chief executive officer, managing operations and internal affairs.
  • Prepares Board meeting agendas and policy recommendations.
  • Implements Board-approved policies.
  • Responsible for hiring, salary setting subject to Board approval.
  • Represents Authority in governmental and private interactions.

Organizational Structure and Personnel

  • Board determines organizational design.
  • General Manager appoints subordinate officers with Board approval.
  • Professional personnel exempt from Civil Service examination and standard wage rules.
  • Allowed to grant allowances and honoraria to certain staff and consultants.

Policy Coordination with Attached Agencies

  • National Housing Corporation and Home Financing Commission attached to NHA for coordination.

Project Management

  • NHA responsible for management or disposition of completed housing projects unless otherwise decided.

Issuance of Bonds

  • Authorized to issue bonds subject to Finance Secretary and Central Bank approval.
  • Restrictions on amount and timing ensure market stability and financial prudence.
  • Bonds and securities are tax-exempt and protected from seizure.
  • Authority permitted to use lottery scheme to promote bond sales.
  • Establishes a sinking fund managed by Central Bank for bond redemption.

Government Guarantee

  • Republic of the Philippines guarantees principal and interest of issued bonds.
  • Government succeeds bondholders’ rights if payment default occurs.

Participation of SSS and GSIS

  • Social Security System and Government Service Insurance System to absorb Authority-issued bonds.
  • Both agencies restricted to direct individual housing lending and cease mass/group housing operations.

Employee Separation Benefits

  • Personnel from dissolved agencies not absorbed receive payment for accumulated leaves and possible gratuities.
  • 10 million pesos appropriated for these payments.

Audit and Oversight

  • Commission on Audit recommends and staff an Auditor for the Authority.
  • Auditor salaries set and paid by NHA.

Rulemaking and Reporting

  • Board promulgates and amends rules necessary for implementation.
  • Annual and periodic reports submitted to the President detailing programs and finances.

Application of Corporation Law

  • Relevant provisions of Corporation Law apply to the Authority unless inconsistent with this Decree.

Repealing and Separability Clauses

  • Any conflicting laws or rules shall be repealed or amended.
  • Invalidity of any provision does not affect the rest of the Decree.

Effectivity

  • Decree takes effect immediately upon issuance.

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