Legal basis and continued presidential authority
- Section 31, Chapter 10, Title III, Book III of EO 292 (the Revised Administrative Code of 1987) is cited as continuing authority for the President to organize the administrative structure of the Office of the President.
- Section 6 recognizes continuing authority for the HUDCC Chairman to reorganize the HUDCC Secretariat in accordance with existing laws.
- Section 9 provides a repealing rule for inconsistent executive and administrative issuances, confirming that EO 20 operates within existing administrative authority.
Policy intent: mass housing as poverty relief
- EO 20 reiterates government recognition that providing decent and affordable shelter to the poor is an essential requirement for alleviation of poverty.
- EO 20 treats mass shelter programs as centerpiece efforts in the government’s poverty alleviation strategy.
- EO 20 recognizes that shelter programs generate multiple economic benefits for marginalized sectors, including employment provision and promotion of entrepreneurial activities.
- EO 20 recognizes mass shelter programs as pump priming the economy and stimulating growth across all sectors.
- EO 20 confirms that the HUDCC has been identified by laws and issuances as the sole lead agency for implementing the government’s shelter/housing program, and it mandates strengthening that role.
HUDCC as sole lead agency
- Section 1 states that the HUDCC shall serve as the sole lead agency to assist the President and the Presidential Commission for Mass Housing (PCMH) in formulating and implementing national objectives, policies, and strategies for housing and urban development.
- The HUDCC shall coordinate and monitor the activities of all government agencies undertaking housing projects, including local government units, to ensure accomplishment of the goals of the government’s housing program.
- The HUDCC shall encourage maximum participation of the private sector in all aspects of housing and urban development.
- The HUDCC shall formulate basic policies, guidelines, and implementing mechanisms for the disposal or development of acquired or existing assets of key housing agencies not required for accomplishing their basic mandates.
- The HUDCC shall identify, plan, and secure local and foreign funding for housing programs and projects.
- The HUDCC shall provide directions to the Housing and Land Use Regulatory Board (HLURB) to ensure rational land use for the equitable distribution and enjoyment of development benefits.
- The HUDCC shall recommend new legislation and amendments to existing laws necessary to attain government housing objectives.
- The HUDCC shall undertake other functions provided by existing laws.
Administrative supervision over housing agencies
- Section 2 requires that the HUDCC exercises administrative supervision over the following housing agencies (attached for policy and program coordination):
- National Housing Authority (NHA)
- National Home Mortgage and Finance Corporation (NHMFC)
- Home Development Mutual Fund (HDMF)
- Housing and Land Use Regulatory Board (HLURB)
- Home Guaranty Corporation (HGC)
- The attached agencies must provide manpower, logistical support, and other facilities to the Office of the Chairman, as necessary.
- The administrative supervision is specifically framed as for policy and program coordination, while the agencies remain attached to the HUDCC.
HUDCC Chairman: appointment, rank, and control
- Section 3 states that the Chairman of the HUDCC is appointed by the President, reports directly to the President, and has the rank of a Department Secretary.
- The Chairman is a regular member of the Cabinet.
- The Chairman is the chief implementing official of all government shelter/housing programs and related functions and activities.
- The Chairman serves as ex officio Chairman of the governing boards of NHA, NHMFC, HDMF, and HLURB, and serves as Vice-Chairman of HGC.
- The Chairman may appoint an alternate from among HUDCC officials, and the alternate’s acts are considered the acts of the Chairman.
- Section 3 gives the Chairman exclusive powers over attached agencies to:
- Recommend to the President the appointment of board members and the full-time chief executive officer/head of housing corporations/agencies under their respective charters/mandates.
- Recommend to the President acts necessary over any board member and the chief executive officer.
- Exercise for and in behalf of the President administrative supervision over attached corporations and agencies.
- Oversee operations to ensure efficient, effective, and economical management to execute plans, programs, and projects.
- Section 3 also empowers the Chairman to require compliance through controls and evaluation, including:
- Require submission of reports and cause conduct of management audit, performance evaluation, and inspections for compliance with HUDCC policies, standards, and guidelines.
- Review and evaluate memoranda of agreement, contracts, joint venture agreements, and all investments entered into by attached corporations/agencies for conformity with government policies and priority plans and projects.
- Recommend to the President all housing-related projects qualifying for Flagship status.
- Recommend to the President acts necessary for proper performance of attached agencies’ functions.
- Recommend to the President approval of budget proposals of all housing agencies attached to the HUDCC.
- Require audited financial statements of attached corporations within 60 days after the close of the fiscal year.
- Recommend to the President necessary changes and adjustments in organizational structure and staffing patterns.
- Recommend to the President all other actions necessary for the President’s overall supervision and control over attached housing agencies.
HUDCC Secretariat and Secretary General duties
- Section 4 directs that the HUDCC Chairman oversees the HUDCC Secretariat and directs it to monitor and evaluate the financial, physical, and organizational performance of attached housing agencies/corporations.
- Section 4 requires the Secretariat to review all contracts, joint venture agreements, memoranda of agreements, investments, borrowings, creation of subsidiaries, and similar agreements entered into by attached housing agencies.
- Section 4 requires the Chairman to make appropriate recommendations to the President based on the Secretariat’s review.
- Section 5 provides for a Secretary General to be appointed by the HUDCC Chairman to assist in day-to-day management and operation of the HUDCC Secretariat.
- The Secretary General must be under the direct control and supervision of the Chairman.
- Section 5 requires the Secretary General to perform these duties:
- Implement policies and measures approved and directed by the Chairman.
- Assist in managing day-to-day operations and affairs.
- Oversee preparation of annual plans, budgets, and other reports required, subject to Chairman approval.
- Represent the Chairman in dealings with government offices/agencies/instrumentalities and persons/entities, whether private or public, domestic or foreign, as necessary.
- Discipline subordinate officers/personnel for cause under civil service laws and regulations, subject to Chairman approval.
- Transfer officers/personnel when service requires, subject to prior Chairman approval.
- Delegate authority to subordinate officers/personnel, provided delegation has prior approval of the Chairman.
- Perform other functions and duties assigned by the Chairman.
Reorganization authority and mandated approvals
- Section 6 provides continuing authority for the HUDCC Chairman to reorganize the HUDCC Secretariat in accordance with existing laws.
- Section 7 mandates a clearance and approval requirement for housing projects: all government departments, agencies, bureaus and instrumentalities, including government-owned and controlled corporations (examples given include PEA, BCDA, PNR), that implement housing projects must seek clearance and approval of the HUDCC Chairman on their respective housing and other related projects.
Separability, repealing, and immediate effect
- Section 8 establishes a separability clause: if any provision of EO 20 is declared invalid, the validity of the remaining provisions is unaffected.
- Section 9 repeals or modifies all executive and other administrative issuances or parts thereof that are inconsistent with EO 20.
- Section 10 states that EO 20 takes effect immediately.