Eviction prohibition in APD and Urban Reform Zones

Presidential Decree No. 2016 is issued to address evictions in Areas for Priority Development (APD) and Urban Land Reform Zones (ULRZ) despite the protection in Section 6 of the Urban Land Reform Law that qualified families shall not be dispossessed and must be allowed the right of first refusal to purchase.
Presidential Decree No. 2016 is designed to ensure that urban land reform and housing-related tenant/occupant protections operate effectively in proclaimed development areas.

Section 1 covers any slum or similarly depressed community identified and proclaimed as an APD or ULRZ, and any area that is a project for development under the Zonal Improvement Program (ZIP) in Metro Manila and the Slum Improvement and Resettlement (SIR) Program for regional cities.
Section 1 provides that all land tenure and other tenancy issues in covered areas are governed by the Urban Land Reform Law.
Section 2 covers any tenant or occupant family residing for ten years or more (counted from the date of issuance of Presidential Decree No. 1517, the Urban Land Reform Law) in covered land.

Section 2 prohibits eviction of any tenant or occupant family residing for ten years or more in covered lands.
Section 2 prohibits eviction and prohibits otherwise dispossessing qualified tenant or occupant families from the land.

Section 3 exempts privately-owned land identified and proclaimed as an APD or ULRZ, or as a project for development under ZIP in Metro Manila and SIR in regional cities, from the payment of real estate taxes.

Section 4 mandates the National Housing Authority (NHA), under the supervision of the Ministry of Human Settlements, and in coordination with municipal or local governments, to review and invalidate the list of identified APD/ULRZ areas through actual physical and environmental survey of each identified site.
Section 4 provides that the updated list of identified sites must be submitted to the NHA Board of Directors for recommendation and proclamation as APD or for ULRZ, with the concurrence of the municipal or city government.
Section 4 requires the NHA, in coordination with local government, to constitute a list of slums or depressed communities that can be proclaimed as APD/ULRZ.
Section 5 makes the NHA the lead agency for housing developments for marginal and low income families, and requires it to include newly identified and proclaimed depressed communities in its list of pipeline projects under ZIP (Metro Manila) or SIR (regional cities).
Section 5 requires the NHA to officially inform landowners if the land is privately-owned, and to initiate discussions on the programmed acquisition of the land in accordance with existing laws.

Section 6 applies pending acquisition of the land by the NHA as provided in Section 5.
Section 6 requires each qualified occupant family to pay the landowner a reasonable amount as occupancy fee during the pending period.
Section 6 provides that the occupancy fee amount is determined through negotiations between the occupant families and the owner under the supervision of the NHA.
Section 6 designates the NHA as the government’s representative/administrator for land owned by it or land classified as public.

Section 7 requires the NHA to conduct a census of all families residing in proclaimed APD/ULRZ areas.
Section 7 provides that the census is the basis for determining the priority of award of homelots to occupant families.

Section 8 requires the General Manager of the NHA to formulate the rules and regulations for implementing Presidential Decree No. 2016.
Section 8 provides that the implementing rules and regulations must be approved by the NHA Board of Directors.

Section 9 repeals, amends, or modifies all laws, decrees, executive orders, rules, and regulations inconsistent with Presidential Decree No. 2016.
Section 10 provides separability: if any section or provision is declared unconstitutional or invalid, the unaffected provisions continue in full force and effect.