Law Summary
Establishment and Composition of the Human Settlements and Planning Commission
- Commission created under the Office of the President.
- Members consist of Secretaries of National Defense; Public Works, Transportation and Communications; Local Government and Community Development; Chairman of the Board of Investments; and Chairman of the Task Force on Human Settlements.
- President appoints Chairman from among members.
- Chairman is ex officio member of Development Budget Coordination Committee.
- Members serve without compensation but may receive allowances.
- Commission meets at least monthly.
- Administrative and working staff established, inheriting staff and functions from previous Task Force and Departmental offices.
- Working staff declared policy-determining, confidential, or highly technical.
- Administrative staff governs employment under Civil Service Law, exempt from Wage and Position Classification regulations.
Purposes, Powers, and Functions of the Commission
- Promote acquisition and study of information on human settlements.
- Formulate and enforce national plans, policies, standards for land use, ecological conservation, pollution control, and hazard management.
- Set standards for industrial emissions, fire hazards, and require pollution control measures.
- Exercise eminent domain for planned development areas.
- Review and approve development plans from government and private sectors; plans must conform to national settlements plan.
- Coordinate and assist private enterprises and government agencies in human settlements programs.
- Disseminate information and foster public awareness on urban and rural environment.
- Institute expropriation or abatement proceedings against hazardous or pollutant industries.
- Issue bonds and contract loans guaranteed absolutely by the Government for funding projects.
- Enter contracts, collect fees, and manage property to promote welfare objectives.
- Develop computerized data systems.
- Enforce cooperation from government agencies; refusal to cooperate may result in disciplinary action.
- Undertake necessary acts proper for achieving objectives.
Powers Upon Notice and Hearing
- Regulate geographic extent for establishment of factories and industries.
- Determine need for transfer, relocation, or demolition of hazardous or pollutant establishments.
- Assess factors for relocation including pollution, congestion, safety, anti-pollution measures, infrastructure support, and cost-benefit analysis.
- Regulate production capacity of factories and plants; unauthorized capacity expansions require Commission approval.
- Enforce compliance with planning rules regarding pollution and hazards; may institute expropriation or abatement proceedings.
Powers Without Hearing
- Require submission of plans, maps, and relevant information.
- Issue subpoenas for inquiries and investigations.
- Call upon government entities for cooperation.
- Promulgate procedural rules and enforce compliance with regulations.
- Issue necessary rules for attainment of objectives.
- Perform acts necessary for discharge of functions.
Continuing Study and Reporting
- Conduct ongoing studies on human settlements problems at all government levels.
- Collate data and submit annual reports with recommendations.
- Maintain thorough understanding of national conditions to perform duties effectively.
Commission Procedure
- Governed by Commission-adopted rules, not bound by technical evidentiary rules.
- May punish contempt with fines up to ₱500 and/or imprisonment up to 30 days.
- Law enforcement agencies assist in enforcing Commission procedures.
Review of Decisions or Orders
- Aggrieved parties may appeal to the Office of the President within 30 days.
- Filing motion for reconsideration with the Commission suspends appeal period.
Office Location and Branches
- Principal office in Metropolitan Manila.
- May establish branches within or outside the Philippines as needed.
Expenditure and Procurement
- Commission’s expenditures not subject to standard government procurement laws.
Tax Exemptions
- Donations, contributions, and financial aids to the Commission exempt from taxes.
- Commission’s assets, income, and operations exempt from all taxes except import duties and fees.
Appropriations
- Initial lump sum appropriation of ₱10,000,000 for fiscal year 1973-1974.
- Subsequent appropriations included in annual General Appropriations Act.
Penalties
- False or misleading information given to the Commission punishable by 4-6 months imprisonment and fine of ₱500 to ₱1,000.
- Perjury punishable with maximum penalty.
- Violations of Commission’s orders lead to graduated penalties: warning and probation, removal of infrastructure support, and imprisonment of six months to five years plus fine of at least ₱5,000 for repeated offenses.
- Corporate offenses lead to penalties imposed on responsible officers.
Government Agency Reorganization Proposal
- Commission to submit proposals on strengthening, absorption, or abolition of affected government agencies within one year.
Separability and Repealing Clauses
- Invalidity of any provision does not affect the remainder of the Decree.
- Prior inconsistent laws, orders, or regulations repealed or modified accordingly.
Effectivity
- Decree takes effect immediately upon promulgation.