Rationale and objectives
- The circular requires establishment and/or strengthening of the resettlement system and process safeguards to ensure resettlement projects are safe and free from intrusion and/or illegal entry and/or illegal occupancy.
- The circular provides project implementers standard procedures and guidelines for strengthening compliance to resettlement system and process safeguards.
- The circular clarifies the roles and responsibilities of concerned NHA offices/departments in addressing situations involving illegal entry/occupancy.
Security safeguards for NHA projects
- All NHA projects must display standard billboards at the main/major entrance with a size of 1.2m x 2.4m with steel frame and post to inform the public that the site is a government socialized housing project intended for the low-income group.
- All NHA projects must construct security guard houses with a standard area of 1.2m x 1.2m with steel frame and post at every entrance and other strategic locations; the post design must conform to standards prescribed by the Housing Technology and Technical Research Department (HTTRD).
- One (1) security guard house must be constructed at the entrance if the project site is enclosed with a perimeter fence.
- All NHA projects must have twenty-four (24) hours security, with at least two (2) security guards per project site: one (1) on the designated guard house and one (1) roving guard; if there is more than one (1) entrance/exit gate, at least one (1) security personnel must be deployed to additional entrance/exit gates.
- Security personnel must be equipped with handheld radios to enable constant communication with the Detachment Commander (DC) and/or Shift Supervisor (SS) for real-time reporting of post/project situation and for facilitating requests for police assistance in emergencies; guards must report any unusual occurrence or deviation from normal activities to the DC/SS, and the DC/SS must submit the report to the NHA Project Office Management.
- Physical barriers (manual type) of 4.5 meters must be installed at the entrance as an additional layer of security to pre-empt unauthorized people/vehicles from entering and reduce opportunities for unlawful acts.
- NHA projects must have intensified security measures, including patrolling, surveillance, inspection of units/buildings, and monitoring of access points, to ensure twenty-four (24) hour protection of premises, residents, and NHA personnel.
- CCTV surveillance must be installed and configured as follows:
- CCTV may be installed at the entrance/guard house and managed by security personnel or a Homeowners’ Association (HOA), and if a guard house is not available, camera(s) may be installed through a post/pole, when no NHA satellite office exists within the project site.
- At least 2 cameras at the entrance and exit points, a recorder, and a 32 inches monitor must be installed.
- When a satellite office is available, CCTV must be installed as a wireless type with an antenna at the entrance/gate/guard house; it must include at least 2 cameras per gate, electrical connections, a pole in the absence of a guard house, and must include an MVR/recorder, 4 terra byte hard drive, and a 32 inches monitor at the project office.
- Additional cameras may be installed at facilities such as parking areas, basketball courts, and common facilities/common areas.
- Cameras must be grouped through installation of post and antenna using internet protocol/networking with 5 cameras.
Resettlement procedures and documentation
- Operating Units must strictly comply with Memorandum Circular No. 2017-026 on guidelines to supersede MC No. 2017-021 dated 10 October 2017 on reporting accomplishments along Key Result Areas for 2017 and the years thereafter on relocation of qualified beneficiaries to units that are Ready for Occupancy (RFO).
- The project office through the AMO must submit to the RDSD a monthly updated inventory of vacant/disposable lots/housing units and the status of utilization/occupancy to centralize actions/requests pertaining to allocation.
- The sending project must request certification of lot/unit availability from the identified receiving NHA project prior to scheduled relocation and resettlement of households (directly or through RDSD).
- The sending project must submit the approved Master List of Qualified Households to the receiving project two (2) weeks prior to actual transfer of families; the receiving project must make available the number of housing units required and preparations attendant to resettlement based on the certification issued.
- The receiving project must inspect the units prior to allocation and ensure completeness of fixtures pursuant to approved housing plans and technical specifications.
- The sending project must ensure each beneficiary accepts the unit and signs the Inspection and Acceptance Report (IAR) to prove agreement to the lot/housing unit allocation.
- Legal documents—Deed of Sale (DS), Conditional Contract to Sell (CCS) or Lease with Option to Purchase, and Usufruct, whichever is applicable—must be processed by the receiving project for documentation of award.
- The issuance of a Certificate of Award must be ensured as proof of possession or ownership; the certificate is non-transferable, and unauthorized possession of the document does not equate to an award of the subject unit.
- The receiving project must conduct a mandatory orientation session on Occupancy Rules and Regulations and Housing Technology features and restrictions to impress proper care and use of the lot/housing unit and other facilities and to solicit active participation in project maintenance/conservancy.
Community building and HOA empowerment
- NHA projects must aggressively pursue the organization and/or strengthening of Homeowners’ Associations (HOAs) or other community-based structures for project maintenance and delivery of socio-economic programs and services.
- The Community Support Services Department (CSSD) must ensure that the HOA fulfills its roles and responsibilities under Republic Act No. 9904 (Magna Carta for the Homeowners and Homeowners’ Associations), including the HOA’s power to ensure that the needs and interests of homeowners are met under Section 10 of that law.
- NHA must strengthen HOAs through capability-building activities in accordance with Section 10 of Republic Act No. 9904, including:
- Instituting, defending, or intervening in litigation and/or administrative proceedings affecting the welfare of the association and the subdivision/village as a whole, excluding disputes not the responsibility of the association; and
- Regulating access to, or passage through, subdivision/village roads to preserve privacy, tranquility, internal security, and safety and traffic order, provided that public consultations are held, existing laws and regulations are met, authority of concerned government agencies or units is obtained, and appropriate and necessary memoranda of agreement are executed among concerned parties.
Surveillance, monitoring, and reporting
- Sending and receiving NHA projects must coordinate and validate households relocated and resettled on a monthly basis to establish accuracy, legitimacy, and correctness of relocatee data.
- Unannounced periodic inspection/occupancy checks of awarded lots/housing units must be conducted to determine continued occupancy by the beneficiary.
- Regular surveillance and monitoring of unawarded lots/housing units must be conducted, and monthly surveillance and monitoring reports plus exception reports must be submitted to the General Manager.
Procedure for unauthorized or illegal activity
- When illegal occupancy occurs, the project office must:
- Submit a written incident report to the barangay and the Homeowners’ Association (HOA) for information and request for assistance.
- Immediately engage with the Philippine National Police (PNP)—either PNP National Headquarters for NCR or the concerned PNP Regional Office for those outside NCR—and provide a written report on the incidence of illegal occupancy.
- Adhere to the procedures and guidelines under NHA Memorandum Circular No. 2506 on Updated Standard Operating Procedures Governing Summary Eviction of Illegal Occupants and Dismantling of Structures in NHA-Owned or Administered Properties and Projects dated April 25, 2013, specifically requiring:
- Organization and/or activation of the Project Eviction and Dismantling Management Team (PEDMT) to direct, manage, and coordinate eviction and dismantling activities.
- Organization and/or activation of the Project Inter-Agency Committee (PIAC).
- Proper notice of Eviction/Dismantling (E/D) issued either by personal service or by posting on the lot or door of the housing unit.
- Conduct of a Pre-E/D Conference with all partners and other stakeholders.
Monitoring, assistance, and implementation roles
- The Office of the Regional Manager must monitor implementation of the circular across projects and submit reports to Management on a monthly basis.
- All concerned NHA departments—such as the Estate Management Department (EMD), Resettlement and Development Services Department (RDSD), Community Support Services Department (CSSD), General Services Department (GSD), Housing Technology and Technical Research Department (HTTRD), and the Legal Department—must provide necessary assistance to the Regional Offices for implementation.