Title
Creation of Abot-Kaya Pabahay Fund
Law
Republic Act No. 6846
Decision Date
Jan 24, 1990
The Abot-Kaya Pabahay Fund Act is a Philippine law that establishes a fund to provide affordable housing and financing options for low-income families, with the aim of promoting the national shelter program and encouraging private sector participation.
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Policy Framework

  • Emphasizes government policy to establish a financial support system encouraging private sector participation in social housing.
  • Focus on equity by distributing affordable housing across regions.

Creation and Scope of the Fund

  • The Fund is established with an initial capitalization of P2.5 billion, appropriated over five years (P500 million/year).
  • Exclusively for enhancing housing affordability, project financing, and risk elimination for funding agencies (SSS, GSIS, HDMF).
  • The Fund provides three core services: amortization support, developmental financing for low-cost housing projects, and cashflow guarantees for loans.
  • Augmented by foreign grants and concessional loans with extended maturities and soft interest.

Amortization Support System

  • Eligibility Criteria:
    • Gross monthly family income limits (Level A: ≤P4,000; Level B: ≤P5,000).
    • No prior housing loan or ownership in the last 5 years.
    • No habitual delinquency or moral turpitude convictions.
  • Support Levels:
    • Level A borrowers receive a decreasing percentage of monthly amortization support over 5 years, starting at 35% down to 14%.
    • Level B borrowers have a different schedule starting at 25% support, gradually decreasing.
  • Loans must only include minimum processing fees, insurance premiums without other charges.
  • Provisions for waiver or liberalization if the property is lost or damaged due to force majeure.
  • Amortization support prioritizes Level A borrowers with at least 60% of funds.
  • At least 40% of yearly appropriations are dedicated to amortization support.

Developmental Financing

  • Provides loans up to 80% of project cost for low-cost housing projects priced ≤P60,000 per unit for Level A borrowers.
  • Allotment: 15-20% of yearly appropriations.
  • Unused amounts revert to amortization support for Level A.

Cashflow Guarantee System

  • Guarantees loans up to P150,000 at interest rates not exceeding 12% per annum.
  • Loans assigned to the Fund with promissory notes guaranteed by the Republic.
  • Allocated 40% of yearly appropriation.

Corporate Powers and Administrative Authority

  • NHMFC manages amortization support and developmental financing; acts as trustee.
  • HIGC manages cashflow guarantees; acts as trustee.
  • Both agencies empowered to:
    • Formulate policies, adopt rules/regulations.
    • Submit annual reports and budget proposals.
    • Acquire, utilize, and dispose of property.
    • Maintain accounting, actuarial, and statistical systems.
    • Enter contracts, invest, and form subsidiaries.
    • Sue and be sued.

Management Responsibilities

  • NHMFC and HIGC powers include:
    • Policy formulation and publication.
    • Operational direction and budget adoption.
    • Personnel appointment approval.
    • Other duties to implement the Fund effectively.

Investment Guidelines

  • Excess funds to be invested in government securities or deposited in government banks to ensure liquidity, safety, and growth.

Administrative Costs and Appropriations

  • Administration cost capped at 1% of net Fund assets yearly.
  • Organizing and initial operation expenses advanced by administering agencies with reimbursement.
  • Appropriations released quarterly in equal installments.
  • Fund appropriations included in the General Appropriations Bill following Act approval.

Audit and Reporting Requirements

  • Commission on Audit chairperson is auditor of the Fund; can delegate personnel.
  • Administering agencies must submit:
    • Annual detailed reports covering operations and recommendations.
    • Quarterly reports to Congress with performance data and beneficiary lists.

Supervision and Compliance

  • Fund administration subject to supervision and verification by government agencies as designated by the President or Congress.

Repealing Clause and Effectivity

  • Conflicting laws, decrees, executive orders, or regulations repealed or modified accordingly.
  • The Act took effect upon approval and publication in two national newspapers.

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