Law Summary
Charter Establishment and Policy Declaration
- Establish an integrated land use control program for the entire country.
- Objectives include fostering urban and rural community growth, optimizing land use for public welfare, and enforcing land use policies related to human settlements.
- Focus on adequate shelter, environmental protection, and preventing speculative land use.
Key Definitions
- "Commission" refers to the Human Settlements Regulatory Commission.
- "Commission proper" means the Commissioners appointed by the President plus ex-officio members.
- "Function" includes powers and duties of the Commission.
Creation and Legal Status of the Commission
- Human Settlements Regulatory Commission is created as a quasi-judicial body attached to the Ministry of Human Settlements.
- Empowered to perform regulatory functions over land use and human settlements.
Powers and Duties of the Commission
- Promulgate zoning and land use control standards.
- Review, evaluate, approve or disapprove local land use plans and infrastructure projects.
- Enforce laws related to land use, including Urban Land Reform, subdivision regulation, land value, and rental control.
- Conduct public hearings and act as appellate body on local zoning decisions.
- Promote cooperation with private and government entities for human settlements planning.
- Develop and implement prototype projects.
- Acquire property necessary to support its projects.
- Collect fees, impose administrative fines up to P20,000, and order cessation or demolition of unlawful activities or structures.
- Cite persons or entities in contempt and impose fines or confinement for disorderly conduct or non-compliance with orders.
- Decisions appealable to the President; Supreme Court review limited to questions of law.
- No injunction or restraining order shall lie against the Commission in exercising its regulatory functions.
Composition and Organization of the Commission Proper
- Nine members: Minister of Human Settlements (Chairman), four Presidential appointees (one chief executive officer), and four ex-officio members from Justice, Economic Development, Local Government, and Public Works sectors.
- Executive Committee formed by the four full-time Commissioners and the Deputy Minister of Justice acts on behalf of the Commission subject to ratification.
- Commission Secretary to be a lawyer appointed with rank equivalent to director.
Qualifications, Tenure, and Compensation of Commissioners
- Three full-time Commissioners must be lawyers with at least five years of experience.
- One full-time Commissioner to have background in planning, management, architecture or related.
- Commissioners appointed by the President for six-year terms, with staggered initial appointments.
- Salaries and privileges subject to existing laws; ex-officio members receive honoraria and per diems.
Duties of the Chief Executive Officer (CEO)
- Execute policies approved by the Commission Proper.
- Oversee staffing and internal organization with Commission approval.
- Manage day-to-day operations.
- Prepare meeting agendas and propose policies.
- Enter contracts based on Commission guidelines.
- Represent the Commission in legal and official matters.
- CEO decisions appealable to the Commission Proper.
Transfer of Regulatory Functions from National Housing Authority
- Regulatory functions related to real estate trade, subdivision and condominium registration, licensing, performance bonds, and related activities transferred to the Commission.
- Functions include regulation of real estate practitioners, approval of project alterations, and resolution of disputes.
Financial Authority and Personnel Classification
- Commission may directly use income from fees and fines to fund operations.
- Professional and technical personnel exempt from Office of Compensation and Position Classification wage and position standards.
Administrative Fines and Penalties
- Administrative fines up to P10,000 may be imposed for violations of the Order or its regulations.
- Additional penalties include fines up to P20,000 and/or imprisonment (prision correccional) for violations.
- Corporate executives held criminally responsible for violations by their entities.
Repealing, Separability, and Effectivity Clauses
- Repeals inconsistent laws including Presidential Decrees Nos. 757, 933, 957.
- If any part is declared invalid, remainder remains effective.
- Immediate effectivity upon issuance.