Law Summary
Legal Basis and Department of Justice Opinion
- Section 18 of R.A. 7279 mandates that developers allocate 20% of housing projects for socialized housing.
- The Department of Justice (DOJ) issued an opinion allowing the purchase of socialized housing bonds issued by local governments or housing agencies as a valid compliance method.
- DOJ found that investing in such bonds aligns with the law’s purposes and falls within the scope of "joint venture" under the Urban Development and Housing Act.
HLURB Board Resolution No. R-848, Series of 2009
- The HLURB Board approved the accreditation of investments in the PHP 12.0 Billion Pag-IBIG Bonds as an alternative compliance mode.
- This accreditation allows developers to invest in these bonds in lieu of directly building socialized housing units.
- The bonds are issued by the Home Development Mutual Fund (Pag-IBIG Fund).
Implementation and Effectivity
- The resolution was approved on 10 September 2009 and published in the Philippine Daily Inquirer on 27 October 2009.
- It took effect fifteen (15) days after publication, specifically on 11 November 2009.
- Developers and relevant stakeholders were advised to comply accordingly.
Important Legal Concepts
- Balanced Housing Development Requirement: A mandatory 20% allocation for socialized housing in new housing projects.
- Alternative Compliance Mode: Investment in government-backed housing bonds instead of direct construction.
- Socialized Housing Bonds: Securities issued to fund socialized housing projects.
- Joint Venture: A broad legal relationship under UDHA permitting investment in socialized housing initiatives fulfilling statutory objectives.
Scope of Accreditation
- Applies to private sector and housing developers subject to R.A. 7279.
- Investments must be in the accredited PHP 12.0 Billion Pag-IBIG Bond offering.
- Compliance through this mode must conform to HLURB approval to be valid under the law.