Title
Reorganization of Human Settlements Commission
Law
Executive Order No. 648
Decision Date
Feb 7, 1981
Ferdinand E. Marcos establishes the Human Settlements Regulatory Commission to enhance land use control and promote sustainable community development through comprehensive regulatory measures and oversight of urban and rural planning.

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.

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