TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT b. Electricity; c. Sanitation, sewerage and solid waste management services and/or facilities; d. Access to primary roads and means of transportation; e. Footpaths, drainage and road networks; f. Community facilities such as open spaces, community/health/livelihood/daycare centers; and g. Schools.
The provision of these basic services and facilities shall be planned and given priority for implementation by the City Government and other concerned agencies in cooperation with the private sector and the community beneficiaries. The City Government shall ensure that these basic services are provided at the most cost-efficient rates.
SECTION 24. LIVELIHOOD COMPONENT – To the extent feasible, socialized housing and resettlement projects shall be located near areas where employment opportunities are accessible. The City Government shall also provide assistance in helping the community beneficiaries gain access to affordable shelter finance, microenterprise or skills training, and microfinance facilities.
ARTICLE IX - RELATED STRATEGIES
SECTION 25. COMMUNITY PARTICIPATION – The Board shall adopt a community-driven approach to planning and development, and shall afford the program beneficiaries or their duly designated representatives an opportunity to be heard and to participate in the decision-making process over matters involving the protection and promotion of their collective interests and welfare which shall include appropriate documentation and feedback mechanisms. They shall also be encouraged to organize themselves and undertake self-help cooperative housing and other livelihood activities. The communities shall assist the City in preventing the incursion of lawless elements, professional squatters and members of squatting syndicates into their areas.
SECTION 26. PRIVATE SECTOR PARTICIPATION – The participation of the private sector is a key element to the success of the urban development and housing program of the City. Opportunities for adequate consultation with private sector groups shall be provided by the City Government in line with the implementation of this ordinance.
SECTION 27. OTHER STRATEGIES – Other strategies, lessons learned and best practices in the provision of pro-poor housing and urban renewal and development as provided in Republic Act No. 7279 and other useful references, such as the promotion of indigenous housing materials and technologies, the design of viable urban transport systems, the conservation and protection of vital, unique and sensitive ecosystems, scenic landscapes, cultural sites and other similar resource areas, and the promotion of economic growth and socio-economic development in the City’s adjoining municipalities shall be adopted and incorporated in the City’s urban development and housing programs.
ARTICLE X – INCENTIVES
SECTION 28. INCENTIVES FOR PRIVATE SECTOR PARTICIPATION – In addition to existing incentives granted by Republic Act No. 7279 and other applicable laws to private sector proponents engaged in socialized housing, property owners and/or developers who participate in the urban renewal and housing programs of the City Government shall be entitled to receive the following: [INSERT LOCAL GOVERNMENT INCENTIVES SUCH AS a. Five percent (5%) reduction in the real property tax due on their developed commercial lands for a period of ten (10) years; b. Ten percent (10%) reduction in the real property tax due on their developed residential lands for a period of ten (10) years; and a. Twenty percent (20%) reduction in the real property tax due on their agricultural lands for a period of ten (10) years.]
ARTICLE XI – APPROPRIATION AND FUNDING
VOLUME 1: MAIN REPORT APPENDIX 21 December 2009 PAGE 8
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
SECTION 29. URBAN DEVELOPMENT AND SOCIAL HOUSING TRUST FUND – There is hereby created a special account and trust fund to be called the “Urban Development and Social Housing Trust Fund,” the available funds of which shall be exclusively used by the Board to finance urban development or renewal and housing programs implemented by the City Government pursuant to this ordinance. The trust fund shall be funded through: a. The proceeds generated from the collection of the additional one-half percent (0.5%) tax on the assessed value of all lands in the City in excess of fifty thousand pesos (Php50,000); b. All funds/monies generated and collected from various sources intended for housing and other related development programs; c. All payments, remittances, accrued interests, penalties and other sums received or collected from the communities and beneficiaries who were given housing or financial assistance extended by the City Government; and d. Payments of accredited CHA and CMP private originators, CMP Origination fees, share in payment of development permits, locational clearances and land use conversion fees and other fees for housing related activities carried out pursuant to this ordinance.
SECTION 30. APPROPRIATION – There is hereby appropriated for the implementation of the initial housing programs under this ordinance the amount equivalent to [state appropriated amount]. This appropriation shall be continuous from year to year without need of further express legislation, unless and until expressly increased, reduced or discontinued by ordinance. The Sangguniang Panlungsod may however further appropriate, and the City Mayor may likewise further use his or her Economic Development Fund, for additional funds necessary for the implementation of this ordinance. Any unexpended portion of the annual appropriation shall accrue to the Urban Development and Social Housing Trust Fund.
SECTION 31. OTHER SOURCES OF FUNDS – Funds for these programs and the implementation of this ordinance shall also come from the following sources:
a. Proceeds of sales of City-owned properties acquired for on-site and off-site developments; b. Loans, grants, bequests and donations, whether local or foreign; a. Flotation of bonds, subject to guidelines set by the Monetary Board; b. Proceeds from the idle land tax; and, c. Twenty percent (20%) of the proceeds of sales of other City Government real properties.
ARTICLE XII -SEPARABILITY AND REPEALING CLAUSES
SECTION 32. SEPARABILITY CLAUSE – Should any provision hereof be declared invalid, the other provisions not so declared shall remain in full force and effect.
SECTION 33. REPEALING CLAUSE – All ordinances, resolutions and executive issuances inconsistent with this ordinance are hereby repealed, amended, or modified accordingly.
SECTION 34. EFFECTIVITY –This ordinance shall take effect upon its approval.
VOLUME 1: MAIN REPORT APPENDIX 21 December 2009 PAGE 9
Appendix 22 Preparing a Shelter Plan TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Appendix 22
Preparing a Shelter Plan
VOLUME 1: MAIN REPORT APPENDIX 22 December 2009 PAGE 1
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
PROPOSED LOCAL SHELTER PLAN TEMPLATE
I. OVERVIEW OF AND CONTEXT FOR SHELTER PLANNING/PLAN
Introduction
The Shelter Planning template and overall design must be able to address the housing needs of both the informal and the formal sectors, particularly renters, government employees and those availing of either socialized or economic housing. Urban development program requires consideration of mixed used development to allow subsidized social housing projects.
1.1 Rationale (this will explain the need for the Shelter Plan) State the objectives of the Shelter Plan
1.1.1 Primary Objective/s 1.1.2 Secondary Objective/s
1.2 Target Population Define the target population to be served by the project
1.3 Shelter Planning Process Describe key stakeholders (i.e. LGUs, NGOs, MFIs, CBOs, MSGs, Business Sector) relevant to the project, including roles and responsibilities
1.3.1 Key Players, Roles, Responsibilities 1.3.2 The Process – describe the process from data gathering and analysis, strategic planning proper, validation, implementation, and institutionalization/adjustments.
1.4 Structure and Time Frame of the Shelter Plan Define the general time frame for the realization of the Shelter Plan Structure – describe a multi-stakeholder Technical Working group as the core group that will be formed to craft the Sangguniang Panlungsod (SP). The TWG is composed of LGU departments, urban poor groups, NGAs (HLURB, HUDCC, NHA), NGOs, business sector representatives, and other relevant organizations. Usually, the Mayor issues an order authorizing the LGU department heads to participate and this ensures permanent representation. II. GENERAL OVERVIEW OF CITY/MUNICIPALITY, APPRECIATION OF LOCAL ENVIRONMENT AND URBAN DEVELOPMENT TREND IN GENERAL
2.1 City/Municipality Overview
This section provides a general situationer of the local government unit (LGU) in terms of its socio-economic, biophysical, institutional and other important characteristics pertinent to shelter.
2.2 Geographic Location and Features
2.2.1 Location
VOLUME 1: MAIN REPORT APPENDIX 22 December 2009 PAGE 2
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
2.2.2 Climate 2.2.3 Topography and Soils 2.2.4 Vulnerability to Geohazards
2.3 Urban Development Trends
2.3.1 Population Size and Structure Total population, population growth, household size, household/dwelling unit, population density, others. Migration – in and out migration
2.3.2 Land Use Existing and proposed (agricultural, industrial/ commercial, residential, recreation areas, critical/ conservation area, undevelopable/dangerous areas, others
2.3.3 Infrastructure Transport system (road network, sea transportation, ports, airstrip), housing, sanitation, light and energy, water, communications, waste management, others
2.3.4 Income and Poverty Incidence Sources of income, labor and employment
2.3.5 Organizations, Institutions and Governance This section should discuss the present capabilities of the key stakeholders such as the LGU (the “owner” or implementer of the strategy), the sector (socialized housing sector, low- income, and economic sector), NGAs, business, NGOs, etc. in terms of programs/priorities, systems, performance, resources, and affordability/willingness to pay. A separate profiling of the socialized housing sector should be developed to pin down their capabilities, needs, resources, and affordability/willingness to pay.
2.3.6 Local Economic Outlook Agriculture, Marine Development, Trade and Industry, Tourism
III. ANALYSIS OF HOUSING DEMAND, AVAILABLE RESOURCES AND NEED FOR RESOURCES
3.1 Assessment of Shelter Need
This section presents all the assumptions used in coming up with the plans including various assumptions used as basis for computations.
3.1.1 Assumptions and Definitions
Describe the present local housing situation: tenurial status as regards to homelots and housing units, flooding problems, danger areas, threats of disasters, demolition activities. Discuss also housing-related services, such as current power
VOLUME 1: MAIN REPORT APPENDIX 22 December 2009 PAGE 3
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
and water supply, sanitary facilities, and garbage disposal system and other shelter-related services in detail.
3.1.2 Demand for Shelter
3.1.3 Backlog
Discuss the magnitude of new housing needs at the beginning of the planning period. Likewise include a discussion on the backlog components: double-up households, displaced units, and the homeless. To be mentioned in this section is the number of years (program period) needed by LGU to address this need. The discussion should be accompanied by a table on housing needs.
3.1.4 Upgrading Needs
Discuss the magnitude of upgrading needs at the beginning of the planning period. Likewise include a discussion on the various forms of upgrading such as: tenure upgrading needs, infrastructure upgrading needs (water, power, roads, sanitation, drainage, garbage disposal systems) and structural upgrading needs. To be mentioned in this section is the number of years (program period) needed by the various service providers to address these needs.
3.1.5 Future Growth
Discuss the magnitude of future housing needs all throughout the planning period, including new housing sites. Part of the discussion should dwell on the population growth rate, causes of increase or decrease in population growth rate, household size and migration patterns, if significant. To be mentioned in this section is the number of years (program period) needed by LGU to address this need.
3.1.6 Total Demand
Total calculation of housing requirements due to backlog, upgrading needs and future growth demands.
3.2 Ongoing/Committed Shelter Initiatives
Discuss all present shelter initiatives whether on-going or in the advanced stages of implementation that can augment the total housing demand.
3.3 Residual Demand
Provides for a computation of total demand minus the expected supply from the ongoing/committed shelter projects.
VOLUME 1: MAIN REPORT APPENDIX 22 December 2009 PAGE 4
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
3.4 Cost Requirement for Shelter Provisions
Provides for a detailed cost computation for the realization of the shelter project requirements including land acquisition, land development and house construction.
4. Assessment of Resources for Shelter Provisions
Discuss the resources needed to address the housing in order to realize the housing vision of the city/municipality. Present also the resources available for housing that can be tapped or accessed. These resources are in terms of land, infrastructure and funds for housing and its related services. Innovative technologies can also be cited as a resource in case it is used in the locality and proves to be beneficial to the majority of those needing housing assistance.
4.1 Local Government 4.2 Private Sector/Civil Society Groups/NGOs 4.3 Community Organizations/HOAs 4.4 Target Household
5. The Need for, and Availability of, Resources
This section provides for a comparative analysis to determine sufficiency/inadequacy of available and required resources. This will serve as guide for the planner in considering appropriate actions/strategies to augment possible shortage in resources.
5.1 City-wide 5.2 Household Level
IV. APPRECIATION AND ANALYSIS OF ISSUES AND CONCERNS
6. Summary of Key Issues and Concerns
This section presents key issues, vulnerabilities of the different stakeholders, and concerns arising from Section 2 of the template that will facilitate formulation of the local shelter plan It also discusses the possible solutions planners can undertake to consider the issues and concerns raised.
6.1 Geographic location 6.2 Urban Development Trends 6.2.1 In-migration – discuss migration issues and the contributing factors making the area appealing to migrants.
6.2.2 Institutional Issues
Assess the implementing body’s (LGU) capability as implementor of the shelter strategy for the socialized housing sector in relation to its policies, programs and thrusts for the shelter sector. Discussions can include leadership, structure and staffing of the LGU and
VOLUME 1: MAIN REPORT APPENDIX 22 December 2009 PAGE 5
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
availability of system for accounting available terrestrial A&D lands which can facilitate shelter planning.
Affordability and Willingness to Pay for Shelter
Discuss households’ capacity to pay for housing and its related services (land, development cost, cost of housing construction). Includes discussion on various income groups with its corresponding number of households needing housing assistance, their average monthly income, potential percentage of income for housing, potential annual capital cost of housing, and affordable loan packages based on the loan terms identified by the LGU.
6.3 Others as identified – include other relevant issues in Section 2 that will strongly influence the strategy.
V. PROPOSED ACTIONS (STRATEGIES AND PROGRAMS)
5.1 Recommended Strategies
This section proposes the various strategies identified by the planner in order to attain the housing vision and goals to be achieved by the local shelter plan.
A. Vision/Goal
Goals must be smart: specific, measurable, attainable, realistic and time-bounded. It must be geared towards the vision and consistent with the CLUP.
B. Strategic Interventions or Options
b.1 Housing Options in the Context of Affordability
Present all financing options available for each income group with emphasis on details such as lot size, floor area, type of house, type of land development and services to be provided.
b.2 Livelihood and Micro-enterprise support
Present all livelihood and microenterprise assistance to be provided on-site in parallel with the shelter plan.
b.3 Capacity Building – Socialized Housing Sector
b.4 LGU Institution Building
b.5 Land Acquisition
b.6 Site Development/Basic Services
- Short (immediate) Term Strategies
VOLUME 1: MAIN REPORT APPENDIX 22 December 2009 PAGE 6
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
- Medium Term Strategies
- Long Term Strategies
VI. OPERATIONS/IMPLEMENTATION PLAN
This will reflect the short, medium and long-term strategies broken down into outputs/indicators, critical activities, resource requirements, and responsible institutions.
6.1 Formulation of strategies
6.1.1 Short (immediate) Term Strategies 6.1.2 Medium Term Strategies 6.1.3 Long-Term Strategies
6.2 Proposed Investment Program
VII. LGU COMMITMENT
7.1 Sanggunian Approval and Adoption
Attach the SP Resolution approving/adopting the Shelter Plan
VIII. MONITORING SCHEME
8.1 Project Monitoring and Evaluation
This section identifies the key result areas (KRAs) drawn up by the LGU. Accomplishments versus targets must be measured with appropriate indicators to ensure maximized benefits for the poor, financial, economic and social returns. Formulate appropriate indicators per KRA. Lessons learned must also be shared within the LGU and to neighboring cities/municipalities.
ANNEXES
Attached as annex all the necessary documents or materials that may aide the planners, project evaluators and readers in understanding, reviewing, monitoring and updating the shelter plan. Annexes may include the following:
Worksheet for Housing Needs Calculation Worksheet for Affordability Analysis Inventory of Lands Inventory of Informal Settlers Data from utilities companies/service providers Maps Housing Options/House designs List of NGOs and CBOs operational in the area Major government projects (infrastructure) Business locators/establishments VOLUME 1: MAIN REPORT APPENDIX 22 December 2009 PAGE 7
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Other related documents
REFERENCES
Lists all references used in making the plan.
VOLUME 1: MAIN REPORT APPENDIX 22 December 2009 PAGE 8
Appendix 23 HUDCC Policy Paper on Rights-Based Instruments TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Appendix 23
Accelerating Pro-Poor Housing Through Rights-Based Secure Tenure Arrangements1
EXECUTIVE SUMMARY
The urban population of the Philippines continues to grow at an unprecedented rate. Recent studies estimate that about 60 percent of the national population or more than 50 million Filipinos are living in urban areas. Currently, both the housing and land markets are hardly able to cope with the demands posed by the country’s rapid pace of urbanization, thus, contributing to the spread and deepening of urban poverty.
The proliferation of informal urban settlers manifests the severity of the housing shortage in the country. The housing and land markets have been unable to match the demand accompanying rapid urban growth. Each year during the last decade the private sector supplied only about 50,000 housing units (but intended largely for non-poor families) while government-led housing programs provided around 120,000 units of housing assistance per year. In 2002, it was estimated that after over a decade of implementing the National Shelter Program the government still faced growing future housing demand of over 2 million units while having to deal with a backlog of at least 1 million other units.
There is a clear need for fresh approaches that can help close the widening gap between housing demand and supply. Developing sustainable solutions that will enable the sector to provide the necessary ingredients for affordable shelter such as secure tenure, access to basic services, housing tailored to the needs of the poor, adequate and affordable financing, and capacity building for relevant stakeholders are the key challenges confronting the government at this time.
The Housing and Urban Development Coordinating Council (HUDCC) is advocating changes in the social housing sector that are principally focused on affording full recognition and acceptance of rights-based secure tenure arrangements for the urban poor and further liberalizing bank lending policies to accelerate pro-poor housing. These reforms are intended to regularize informal settlements and provide land tenure for millions of urban poor dwellers and improve their access to shelter finance through the introduction and promotion of housing microfinance best practices.
In developing countries, tenure, more than ownership, is emerging as one of the most important elements to reaching the Millennium Development Goals to alleviate the plight of the urban poor. The basic lesson is that people need to have secure tenure, not necessarily freehold titles. Once they have secure tenure, they themselves will act to help improve their plight. Current tenure policies and programs may have to be examined to determine if they are practical, flexible, truly development oriented, affordable and replicable at the needed scale.
1 This paper was prepared by the Policy Formulation and Research Group (PFRG) of the Housing and Urban Development Coordinating Council (HUDCC) with the technical support of GHK International under the Asian Development Bank (ADB)-funded TA 4293- Capacity Building for Housing Microfinance.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 1
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Through this policy paper, HUDCC is requesting all government agencies concerned to study and carry out the necessary reforms for the purpose of accelerating pro-poor housing through innovative secure tenure and shelter finance approaches.
1. INTRODUCTION
The urban population of the Philippines continues to grow at an unprecedented rate. Recent studies estimate that about 60 percent of the national population or more than 50 million Filipinos are living in urban areas. Currently, both the housing and land markets are hardly able to cope with the demand posed by the country’s rapid pace of urbanization, thus, contributing to the spread and deepening of urban poverty.
Of the estimated 5.5 million urban poor households in 2000, about 1.4 million live in impoverished slums characterized by (i) inferior quality housing, (ii) limited or lack of access to basic infrastructure services such as roads and foothpaths, drainage, water supply, and sewerage and sanitation, (iii) insecure tenure, and (iv) environmental and hygienic conditions hazardous to public health (Figure 1). The majority of these families also suffer from irregular or limited sources of income and livelihood.
The Philippine government has recognized these problems and has adopted schemes to support its fight against poverty through the redistribution of assets and the adoption of innovative secure tenure arrangements under the Medium-Term Philippine Development Plan 2004-2010. However, there is a need to provide the stimulus and offer real solutions which would carry out these stated principles and expand the urban poor’s access to decent housing in a sustainable manner.
Figure 1. Cumulative Impacts of Urban Poverty
Lack of access to Inability to afford credit for business or adequate housing house
Sense of insecurity, isolation, and Tenure insecurity, evictions, Lack of employment, inability disempowerment to have a regular job, lack of loss of small savings regular income, and social invested in housing security, poor nutrition
Unhygienic living Poor health, poor conditions, low- education quality public service Source: Poverty Reduction Strategy Papers (PRSP) Sourcebook, World Bank, 2
Source: Poverty Reduction Strategy Papers (PRSP) Sourcebook, World Bank, 2001.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 2
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
2. THE NATIONAL SHELTER PROGRAM: PROBLEMS AND LESSONS LEARNED
The Philippines has one of the highest rates of urbanization in the developing world, with a recorded average annual urban growth rate of 5.14 percent between 1960 and 1995. The country’s urban population increased from 18 million in 1980 to 48.1 million (or 9.25 million households) in 2002.
Although official data on poverty indicate that only about 18.5 percent of urban households fall below the poverty income line of P12,577 per capita per year, the findings of a Social Weather Station survey indicate that around 62 percent of urban households consider themselves poor.2 This figure has remained fairly consistent based on more recent surveys. But this statistic alone cannot fully describe the poor living conditions of the country’s informal urban settlers. Physical conditions in most of these settlements are characterized by poor quality housing, overcrowding, inadequate access to basic services, insecure land tenure, and increased risks to public health. The lack of tenure itself delays or even deters connection to municipal infrastructure services leading to depressed property values, underutilized capital assets, poor living conditions and high incidence of disease.
The proliferation of informal urban settlers in the Philippines manifests the severity of the housing shortage in the country.3 The housing and land markets have been unable to meet the demand accompanying rapid urban growth. Each year during the last decade the private sector supplied only about 50,000 housing units, largely intended for the non-poor families, while government-led housing programs provided only about 120,000 units of housing assistance per year. In 2002, it was estimated that after more than a decade of implementing the National Shelter Program, the government still faced growing future housing demand of over 2 million units while having to deal with a backlog of at least 1 million additional units.
For the 2001-2004 period, both public and private sectors could only provide shelter security units to about 380,000 out of the targeted 880,000 poor households. These units were delivered through various socialized housing programs including (1) the President’s/HUDCC’s Asset Reform Program, (2) the Community Mortgage Program of the National Home Mortgage Finance Corporation (NHMFC); (3) the National Housing Authority’s slum upgrading, cooperative housing, resettlement, emergency housing/housing materials assistance, and medium-rise development programs; and (4) private sector urban poor community development initiatives such as those by Gawad Kalinga and Habitat for Humanity. Clearly, innovative approaches are needed to close this gap between housing demand and supply.
Unfortunately, recent policy studies also reveal that land regulation in the Philippines is heavily fragmented and clearly outdated compared to other land administration systems of other countries within the region.4 This stems from a situation of having at least 70 different
2 The Social Weather Survey Station is a non-stock, non-profit survey institute. On a quarterly basis, it conducts surveys in the Philippines on (i) Severity of Hunger, the proportion of households reporting that they had experienced hunger, and (ii) Self- Rated Poverty, the proportion of households rating their families as mahirap or poor. SWS’s self-rated poverty is of a much larger magnitude than the officially-measured poverty which is based on a calculated poverty threshold line for meeting a family’s minimum basic needs. The self- rating technique used by SWS is subjective from the point of view of the family, not the researcher’s, and can be applied not only to poverty in general but also to poverty along any particular domain such as the family’s access to food, housing, clothing, education, health care, and a hygienic environment. 3 The term “Informal settlers” is now used to refer to both squatter areas (illegal settlements) and slum areas (unsanitary physical living conditions), as well as non-slum areas where the settlers’ legal representation has not been documented formally (i.e., extra-legality of land tenure). Hernando de Soto (The Mystery of Capital, 2000) estimates that 57 percent of city dwellers are informal settlers. 4 Land Administration and Management Project (LAMP), Land Law and Institutional Arrangement Policy Studies (2002).
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 3
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT laws that govern public and private transactions on land and where formal judicial proceedings are required to effect simple property transactions. As a result, the settlement of land matters turns into a lengthy, complex and costly process which affects the poor the most. One seminal study shows that the procedure to legalize informal urban property in the Philippines can take anywhere from 13 to 25 years and require 168 steps to complete.5 Even preparatory activities to proclaim public land as alienable and disposable to beneficiaries of socialized housing programs can take as much as two years.
In addition, a considerable portion of the country’s land resources remain unregistered. The value of untitled real estate in the Philippines is estimated to reach US$133 billion, or fourteen times the value of all foreign direct investment.6 At the same time, it is believed that an indefinite number of subsequent transactions affecting titled properties goes unrecorded.
In the case of housing for the urban poor, the distribution of secure tenure to program beneficiaries can be seriously constrained by titling or registration proceedings. An ADB study pointed out that excessive transactions costs borne by the country’s urban poor in obtaining freehold titles in the Philippines were caused by: (i) inadequate mechanisms and lack of transparency in resolving land conflicts; (ii) inefficiencies in existing land management records system; (iii) limited and costly access to the register of land deeds; and (iv) fragmented institutional responsibilities for land administration and management.7 All these issues have resulted in inefficiencies and delays in the implementation of the government’s program to regularize the tenure of informal urban poor settlers in the country.
Moreover, conventional shelter financing arrangements and current bank lending policies do not allow the taking of security interests against unregistered or untitled real property. Without individual land titles, informal settlers cannot access any type of formal credit. Ironically, it is credit that would have allowed them to acquire legal tenure over their occupied plots, increase their earning capacities, and improve their living conditions.
Developing sustainable solutions that will enable the sector to provide the necessary ingredients for affordable shelter such as secure tenure, access to basic services, housing tailored to the needs of the poor, adequate and affordable financing, and capacity building for relevant stakeholders is the key challenge confronting the government today. Improving access to affordable housing and secure tenure will contribute significantly to its goal of reducing urban poverty.
Lessons learned from past public housing programs are summarized in Box 1. These lessons, combined with the challenges and the directions articulated by the Medium-Term Philippine Development Plan for the expansion of access to affordable shelter, helped formulate a new approach to socialized housing provision through the Development of Poor Urban Communities Sector Project (DPUCSP) and its policy action agenda, which are discussed in later sections below.
5 Hernando de Soto, The Mystery of Capital (2000) 22. 6 Id. at 34. 7 Asian Development Bank, Housing Sector Profile: Philippines, 2001, cited in Reyes, Community-Focused Urban Poverty Reduction: Institutional Perspectives for Sustainable Urban Upgrading, March 2006, a report to the Asian Development Bank.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 4
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Box 1. Summary of Lessons Learned from Past Government Shelter Programs Shelter projects have found it difficult to reach target beneficiaries: Although often targeted on the poorest households, benefits have typically accrued to households above the target income deciles. To avoid this leakage of benefits to the non-poor, projects should be demand and community-driven and well implemented, shaped not only by the needs and preferences of the targeted poor but by their affordability levels and willingness to pay as well. Flexible approaches are required in project design and programming: Project interventions must be demand-driven and sufficiently flexible to adapt to the changes in demand. At the same time, the shifting political climate at the local government level may mean that there are changes in local priorities, and a shelter program prioritized by one administration may be marginalized by another. If the political support of a project falters, there must be mechanisms in place to enable project funds to be directed to other viable projects. Direct approaches to housing provision for the urban poor have proved less than successful: Indirect support through such interventions as developing affordable and sustainable housing finance, improving land transfer mechanisms and liberalizing collateral requirements to address inefficiencies in the land titling process are likely to be more successful. In this context, there is need to support the decentralized provision of housing within the context of the Local Government Code. Interest rate subsidies resulted in market distortions and created disincentives for the private sector to participate in housing for the poor: The banking system and private sector groups have hardly participated in socialized housing, partly because they could not compete with the subsidized interest rates charged in government programs. However, government resources are limited and unable to cope with the growing demand for housing as a result of the country’s rapid pace of urbanization. Market-based principles must be applied and targeted subsidies used more efficiently, specifically to correct market failures and inefficiencies. Public housing programs, at the national and local levels, have fared poorly in their cost recovery efforts: NHA has a collection rate of about 19 percent (but recent estimates place the figure at below 10 percent). Pag-IBIG has a collection efficiency of around 60 percent. This situation makes socialized housing programs very difficult to sustain and replicate. And yet microfinance institutions have shown that the poor can save and that with appropriate social intermediation, as well as collection and savings mobilization schemes properly customized to match their consumptions patterns, they can in fact repay their loans.
3. THE NEED FOR SECURE TENURE
Informal settlement has become one of the most common forms of land delivery in most developing countries.8 In Southeast Asia, it is estimated that 28 percent of the urban population are informal settlers who have no rights or access to services and are relegated to live in slums under squalid, unsafe and unhealthy living conditions.9 The Philippines is no exception.
Development experts agree that security of tenure is essential to improving the living conditions of the urban poor. It is considered a major contribution to the alleviation of poverty, to advancing sustainable livelihoods, to accessing services, and to recognizing the rights of the urban poor as citizens and members of the community.10
Thus, the basic objective of any urban poverty reduction program must be to enable the poor to acquire or create assets that would help improve their quality of life―and in most cases, secure tenure is one of the principal assets most sought after by the urban poor.11
8 Land, Security, Property Rights and the Urban Poor: Twenty Five Years of World Bank Experience. World Bank Briefing Note 8. 2001 9 United Nations Human Settlements Programme (UN-HABITAT), Urban Land for All (2004) 2. 10 The Fukuoka Declaration adopted during the Seminar on Securing Land for the Urban Poor, Fukuoka, Japan, 2-4 October 2001. 11 Community-Focused Urban Poverty Reduction: Institutional Perspectives for Sustainable Urban Upgrading. A report prepared by Joji I. Reyes under the technical direction of Michael R. Lindfield of the Asian Development Bank under RSC No. C31595 ADM/03-484, INO: Community-Focused Poverty Reduction.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 5
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT a. Definition
The Urban Development and Housing Act of 1992 (UDHA) defines “security of tenure" as the degree of protection afforded to qualified beneficiaries against infringement or unjust, unreasonable and arbitrary eviction or disposition, by virtue of the right of ownership, lease, usufruct and other contractual arrangements.12 An internationally-accepted definition of secure tenure (as defined during the Expert Group Meeting on Urban Indicators held in October 2002) is “the right of all individuals and groups to effective protection by the state against forced evictions.” Under international law, forced eviction is “the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate form of legal or other protection.” The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance with the law and in conformity with the provisions of the International Covenants on Human Rights (i.e., the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights).
Under international human rights law, secure tenure is one of the seven components of the right to adequate housing, which again is linked to the right to land. The other six components are: (1) availability of services, materials, facilities and infrastructure; (2) affordability; (3) habitability; (4) accessibility; (5) location; and (6) cultural adequacy. All these rights apply equally to women and men. Women’s equal right under international law to adequate housing, land and property is sufficiently rooted and firmly entrenched.13
As a Millennium Development Goal indicator (MDG Indicator 32), secure tenure is used to refer to households that own or are purchasing their homes, are renting privately or are in social housing or subtenancy. Households without secure tenure are defined as squatters (whether or not they pay rent), the homeless, and households with no formal agreement.14 It measures the proportions of: (i) households with formal title deeds to both land and residence; (ii) households with formal title deeds to either one of land or residence; and/or (iii) households with enforceable agreements or any document as a proof of a tenure arrangement.15 b. Forms
There are different forms of land tenure. The conventional and most commonly known type is freehold. It involves permanent and absolute property rights which allow the owner to exercise full acts of dominion. Freehold may also be delayed and ownership or title made conditional until payments have been completed. Leasehold, on the other hand, confers almost equivalent property rights except that the rights to possess and use are limited by the period and other conditions specified in the lease. Compared to freehold, leases are believed to be much cheaper and faster to deliver. They are also more flexible and can be upgraded incrementally as and when required.16 Usufruct is a peculiar property right under the Civil Code of the Philippines that allows the usufructuary to enjoy nearly all rights of ownership except the right to have legal title and to alienate or dispose.
12 Section 3 (o), Rep. Act No. 7279 (1992). 13 Id. note 7 at 6. 14 United Nations, Indicators for Monitoring the Millennium Development Goals: Definitions, Rationale, Concepts and Sources (2003) 15 Id. note 7 at 19. 16 Clarissa Augustinus and Marjolein Benschop, Security of Tenure Best Practices.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 6
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Cooperative or group tenure vests ownership in a cooperative, community or group where residents or members are undivided co-owners. The unit of group registration can be the land parcel (block), a building or plot of land. This unit can be registered in freehold or lease in the name of the cooperative, community land trust or housing association, while individual occupation rights or sub-leases are granted by the group. The group then decides on property rights and tenure issues such as lease length and conditions, inheritance rights, rules on transfer of rights outside the group, maximum areas, and dispute resolution processes. It is much more affordable than individual tenure since it does not require specialized land administration approaches to secure individual rights. It also diminishes the number of registration units thereby reducing the survey, registration and public land administration costs. 17
There may also be various types of formal and informal but undocumented tenure arrangements which can be found particularly in slums and informal settlements. Adverse possession, anti-eviction laws and undocumented use/occupancy rights are some examples of tenure types in the land rights continuum that provide certain degrees of protection. Perceived tenure or de facto recognition of occupation such as political patronage, proof of payment of utility bills, oral evidence, owner’s consent and other perceived rights form a major part of such tenure types. The level of security of tenure that they provide depends on various local circumstances and whether any other protection against forced evictions accompanies them. They are the basis from which an incremental approach to tenure improvements can be developed.18
Descriptions of common tenure systems and their characteristics gathered by the UN- HABITAT are presented in Annex A.19 c. Why is Security of Tenure Important?
It is estimated that about 924 million people are presently living without secure tenure in informal settlements in the urban areas of developing countries. Unless trends are reversed, this number is projected to increase to 1.5 billion by 2020 and 2 billion by 2030. In some countries, the number of people living in unauthorized settlements has already exceeded those in formal land and housing markets. This has become a critical problem for governments seeking to reduce poverty and achieve economic development.20
Tenure status has a major impact on poverty.21 Excluding a significant proportion of urban populations from legal shelter and basic services reduces the prospects for economic development in many ways. People who face possible eviction are not likely to act to their maximum potential or invest in improving their homes and communities, knowing that they have no “rights” to the land they occupy. The lack of legal status also severely limits the poor's access to credit and financial services, and effectively curtails entrepreneurial abilities. Also when people are excluded, local and central governments are denied the revenue from property taxes and service charges, which could help improve urban living environments and stimulate local and external investments including basic infrastructure and services.22 Illegal slum communities are considered inefficient and/or dysfunctional parts of the cities in which residents and businesses do not contribute to municipal revenues. These neighborhoods
17 Id. 18 Id. 19 Excerpted from UN-HABITAT, Urban Land for All (2004), Table 2. 20 Id. note 10. 21 Alain Durand-Lasserve, Secure Tenure for the Urban Poor (2003) 2. 22 Id. note 10.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 7
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT become under-serviced, officially neglected “cities within cities,” which compound environmental and efficiency problems city-wide, and strain the capacity of local governments to keep pace with growth and to provide needed services.23
Providing security of tenure reverses the adverse impact. As emphasized by the Habitat’s Global Campaign for Secure Tenure, the granting of secure tenure is one of the most important catalysts in stabilizing communities, improving shelter conditions, reducing social exclusion, and improving access to urban services.24 Strengthening legal status helps expand the residents' existing social capital and improves their access to credit. If some form of tenure is obtained, low income households show willingness and ability to invest and pay for land and services they value, thus undercutting the need for traditional subsidies. For instance, it has been shown that the provision of basic services with secure tenure leads to substantial private investment in home construction (on average, each US$1.00 invested in infrastructure generates about US$7.00 of household investment) and contributes to a vitalized local economy. Regularizing land occupancy also facilitates property taxation for municipal governments.25
4. GOVERNMENT POLICIES, CAMPAIGNS AND PROGRAMS a. Programs
There have been different tenure distribution campaigns launched under the National Shelter Program. These range from enforcement of basic anti-eviction laws to the grant of individual land titles to whole communities.
The most prominent secure tenure campaign of the Philippine government is the Asset Reform Program, which expands a strategy initiated earlier by the Aquino administration called the “Handog Titulo” Program. A key policy of the current administration is to make government land available to beneficiaries through the signing of presidential proclamations which reclassify public lands as alienable and disposable for socialized housing. This act assures settlers on public land that they will not be evicted and social services will be improved. From 2001 to 2004, more than 200,000 families in 33 informal settlements have benefited from these proclamations.26 The policy does not apply to families squatting on private land, which form the majority of informal settlements, but is nonetheless, a positive and pragmatic response which has encouraged numerous poor households to improve their homes and neighborhoods.27 A list of proclaimed sites is attached to this policy paper as Annex B for reference.
Collective ownership to facilitate the granting of individual land titles is the main thrust of the Community Mortgage Program (CMP). Under the CMP, a community association applies for a land acquisition loan from the NHMFC. This is done through an originator or partner organization which may not only assist the community in organizing and applying for the loan but may also act as its guarantor. A loan usually has a term of 25 years with a fixed interest rate of 6 percent. The loan amount will depend on the negotiated value of the land and the appraisal made by the NHMFC. Once acquired, the land is registered in the name of the
23 Id. note 6. 24 Id. note 17 at 3. 25 Id. note 6. 26 National Economic and Development Authority, Medium-Term Philippine Development Plan (2004-2010) 60 27 Id. note 10 at 16.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 8
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT community association and is prepared for eventual splitting and individualization of titles. The CMP benefited close to 60,000 households from the period 2001 to 2004.28
The CMP, however, has been beset by funding problems. In 2003, for example, there was no budget allocated for CMP. Moreover, the bulk of the loans had been used for land acquisition and could not cover the costs for site development and home improvement. While CMP had a higher collection efficiency compared to other public housing finance programs for low income households (by gaining the support of LGUs and NGOs and adopting a community-driven lending scheme), repayment performance was still considered unsustainable (the program has yet to achieve the minimum ratio of 85 percent to be sustainable) and highly variable among community beneficiaries.29
Other programs include the NHA’s programs on slum upgrading; sites and services development; land tenure assistance; community land acquisition support; grants-in-aid for housing; cooperative housing; resettlement; medium-rise housing projects; and completed housing.
Basic protection against forced eviction is given under the Urban Development and Housing Act (UDHA). The statute’s anti-eviction provisions provide security of tenure at a general level. Under the law, eviction or demolition is only allowed when settlers are occupying dangerous areas or public places, when government infrastructure projects are to be implemented, or when there is a court order. But in any case of lawful eviction, informal settlers are entitled to notice, consultation, and adequate relocation or compensation.30 A general moratorium against eviction was also imposed upon the affectivity of the UDHA which lasted until 1995.31 b. Instruments
In line with these programs, the government has been issuing tenure instruments which confer varying degrees of property rights. Torrens titles issued in accordance with Philippine property registration decrees are still the most commonly known form of providing secure tenure. A title requires that the land is made part of the formal property system and that all contracts which affect the land meet the conditions of applicable laws to be valid. Special variants of freehold titles are also used to serve and put forward different social reform objectives (but not mass housing) including the Certificate of Lot Ownership Award (CLOA) for beneficiaries of the Comprehensive Agrarian Reform Program and the Certificate of Ancestral Domain/Ancestral Land Titles (CADT/CALT) for indigenous peoples granted rights of indigenous ownership and possession over their ancestral domains.
Within proclaimed sites for socialized housing, the Department of Environment and Natural Resources (DENR) and HUDCC give out Certificates of Entitlement to Lot Allocation (CELA) which is evidence of the intended beneficiaries’ right to acquire portions of the proclaimed area that they are occupying. CELAs are issued prior to the filing of the applications for public land disposition.32 HUDCC considers CELAs as an indication that a family may be accommodated and entitled to a homelot in the proclaimed property.33
28 Id. note 23. 29 Philippine Institute for Development Studies, Policy Notes, June 2004, No. 2004-05. 30 Section 28, Rep. Act No. 7279 (1992) 31 Section 44, id. 32 Section 2, DENR Memorandum Circular No. 2004-02 33 Article 15.1, Rules and Regulations Implementing Memorandum Order No. 74 (2002)
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 9
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
As part of public land disposition, the DENR issues orders of award and/or sales patents. An order of award may be granted once a 10 percent downpayment on the cost of the land is made. On the other hand, a sales patent may be immediately given if there is an early and complete takeout by the grantee or some other person on her behalf.
Leasehold and usufruct are also recognized forms of tenure arrangements. The UDHA, for instance, makes reference to these systems as acceptable secure tenure modalities and viable alternatives to freehold or ownership in fee simple.34 Long-term leases and other rights in rem qualify as collateral for guaranteed accounts of the Home Guaranty Corporation (HGC).35 Leases are typically used in NHA’s Medium-Rise Public Housing Program while the HDMF (Pag-IBIG Fund) has started to accept usufruct arrangements.
The NHA also offers Conditional Contracts to Sell to buyer-beneficiaries who are non- members of SSS, GSIS or Pag-IBIG but only with a maximum payment term of five years. The conditional contract is used as an alternative mode of disposition particularly in slum upgrading projects where the lots are being disposed through mortgage takeout but where a number of qualified beneficiaries are non-fund members.
5. INSTITUTIONALIZING RIGHTS-BASED SECURE TENURE ARRANGEMENTS UNDER DPUCSP
The recently approved DPUCSP was designed by the Philippine government and the Asian Development Bank to help reduce urban poverty. Addressing the multidimensional character of urban poverty that goes beyond income deprivation in many of the poor urban communities in the country,36 DPUCSP has three components consisting of:
Part A: Site development and secure tenure distribution. This component aims to improve access by urban poor households living outside of Metro Manila to secure land tenure, affordable shelter and basic municipal infrastructure and services through the development of both upgrading and new sites. In upgrading, basic infrastructure services such as roads, water supply system, drainage and sewerage, and sanitation facilities are provided on-site by local government units (LGUs) or private sector groups in association with LGUs, in areas with existing informal settlers. Land use and occupation are also legalized, in varying degrees and forms taking into account affordability, to grant security of tenure to the residents and to motivate them to further invest in housing and to enable them to access the shelter finance made available in Part B below. In contrast, new sites require the development of vacant and contiguous pieces of land for development and redistribution through individualized plots to eligible beneficiaries. Selected beneficiaries then build their houses on the plots through various contracting or self-help mechanisms.
Part B: Shelter finance for low-income communities. This component will enable access by urban poor households to financial services for housing and livelihood activities. The Development Bank of the Philippines (DBP) will relend to locally identified intermediaries, which will onlend to poor and low-income households in the form of home improvement, housing, and microenterprise loans. The main
34 Sections 3 (o) and 12, Rep. Act No. 7279 (1992). 35 Section 30, Rules and Regulations Implementing Rep. Act No. 8763 (2000). 36 Urban poverty is now characterized in the literature as a multidimensional phenomenon, going beyond its traditional confinement to money-metric measures to other visible causes such as lack of access to adequate housing and infrastructure, social protection, health, education, security, and empowerment. This is consistent with the findings of surveys conducted in representative urban poor communities in the cities of Angeles, Bacolod, Talisay and Cagayan de Oro as part of the project preparation activities of DPUCSP.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 10
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
intermediaries will be qualified bank and non-bank microfinance institutions (MFIs), but other financial institutions with Box 2. Trends in Microfinance
established track records in mortgage Microfinance traditionally encompassed the and/or microfinance lending may also be package of financial products and services, able to participate. including lending and savings that promote the development of livelihood and growth-oriented microenterprises. An emerging practice is housing Part C: Capacity building and microfinance, a field that applies key lessons implementation support. This component learned from the microfinance revolution to shelter will strengthen the capacities of national financing. and local institutions as well as Project stakeholders for decentralized secure tenure, shelter and urban services delivery. Additional consulting services to those procured under Parts A and B will be provided to the HUDCC-Project Management Office (PMO) for sector strengthening, and the DBP-PMO for project implementation support. The additional consulting services will (i) assist the DBP and HUDCC in project planning, coordination, management, evaluation, supervision, and monitoring; (ii) assist the LGUs and communities in subproject preparation, appraisal, design, supervision, and monitoring; and (iii) support technical tasks.
The key design principles of DPUCSP can be summarized as follows:
Secure tenure through fast-tracked distribution of individual titles or rights- based tenure arrangements constituting “interim” titles. The Project recognizes that secure land tenure creates strong incentives for beneficiaries to further invest in housing and related improvements. In addition, valid property rights enable the poor to access the formal financial markets since land with clearly-defined and easily transferable ownership rights represent one of the most acceptable forms of collateral. As a result, DPUCSP will provide assistance in subdividing a title on national government-owned or local government-owned land to facilitate the transfer of ownership rights to individual households/beneficiaries. When this is not appropriate (e.g., if lot acquisition is shown to be unaffordable) or even possible given the bureaucratic, costly and lengthy procedures for obtaining a title in the Philippines for a typical low-income housing plot, DPUCSP provides a menu of rights-based secure tenure arrangements (including basic land use or occupancy rights, leasehold variants, and usufruct) that constitute interim titles (See Annex C). As part of the policy action plan of the Project, HUDCC is taking the initiative in coordinating with the concerned government agencies including the DENR, Land Registration Authority and Bangko Sentral Pilipinas to recognize and institutionalize the use of different tenure systems for the urban poor, and to liberalize collateral requirements by initially allowing microfinance-oriented banks to lend against them.37
More affordable housing and basic services through participatory community action planning. The DPUCSP planning process for a proposed site development subproject will be initiated at the community level―by the beneficiaries themselves―through a participatory planning approach that first and foremost identifies the urban poor households’ needs and priorities, given their income and affordability levels. LGUs and NGOs facilitating the planning process will emphasize
37 These interim titles include land use rights and leasehold variants such as lease-to-own, lease with option to purchase, and long-term lease with a minimum lease period of 20 years to be eligible under the HGC guaranty. Usufruct, which is the right to possess, use, and enjoy the fruits of a specific property, also qualifies as a secure form of land tenure under the project. Other tenure instruments that also confer property rights include orders of award, sales patents, and certificates of entitlement to lot allocation.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 11
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
the importance of ensuring the affordability of the proposed interventions, clearly establishing the linkages between costs, the benefits that will be derived from physical and environmental upgrading, and the need to pay for benefits directly accruing to individual households and to the community as a whole to promote a sustainable community development approach.
Market-based principles complemented by subsidies targeted to the poor. In accordance with the shelter policies and strategies articulated in the Medium- Term Philippine Development Plan 2004-2010, DPUCSP pricing will be market-based unless there are clear cases of market failures leading to unaffordable housing for the urban poor. The inefficiencies of the Philippine urban land market are well documented oftentimes leading to exorbitant land prices, making shelter unaffordable to the urban poor. Instead of providing an interest rate subsidy which is the predominant subsidy scheme in the Philippines, capitalized subsidy in the form of a land subsidy will be used under the Project to reduce the total price of serviced plots to qualified poor beneficiaries. Interest rate subsidies while highly effective at increasing affordability have proven to be very expensive to administer, difficult to target, and eventually, unsustainable due to the heavy fiscal burden they impose on the government.
The land subsidies under the Project will be targeted to the deserving poor mainly in the slum upgrading subprojects, through a participatory process involving the communities, NGO facilitators, and the LGUs. Proceeds from the sale of land, net of the land subsidies, will be deposited in special trust accounts and may be tapped later for use in providing discounts to reduce the capital cost of the plots serviced with basic infrastructure they intend to purchase. For land owned by the LGU, the proceeds will be deposited in a local shelter finance fund (LSFF) which in keeping with the Local Government Code can be created either by a law or ordinance passed by the local legislative council.
Increased access by the poor to housing finance and livelihood opportunities through tested microfinance strategies. Families in the informal sector often do not have access to the formal financial system, which requires borrowers to have regular, predictable incomes and hard collateral. They are thus denied the credit needed to obtain formal tenure and to upgrade their housing. The government has been unable to provide the required subsidies to encourage formal financial institutions to lend to this group, and centralized shelter agencies lack the capacity to manage such a program. DPUCSP will provide increased access to housing finance and livelihood opportunities to targeted beneficiaries through qualified MFIs skilled at conducting social intermediation and value formation activities, savings mobilization, and credit and collection schemes tailored to the poor.38 (See Box 2)
Strengthened capacity for decentralized shelter delivery framework. Shelter is a mandated local government activity that many LGUs are unable to perform effectively. The strategic development planning and fiscal and management capacities of LGUs will be strengthened by DPUCSP to enable them to formulate and implement community-based slum upgrading and low-income housing aimed at improving the quality of life of their urban poor constituents. In addition, the Project will focus on the need to clarify institutional responsibilities, rationalize the functions of national sector institutions, and strengthen their capacity to efficiently carry out their mandated roles
38 Social intermediation entails community workshops and meetings that enable the prospective urban poor borrowers to acquire the knowledge, values, and skills which they will need to initiate livelihood enterprises and effectively service their housing-related credit. Social intermediation will include training in credit norms, savings discipline, and assistance in group formation and team building.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 12
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
within the decentralized shelter delivery framework. The capacity of MFIs to implement housing microfinance will likewise be improved through methodologies and systems that would enable them to finance the housing-related needs of their poor and low- income clients.
Enhanced private sector participation in socialized housing. To bridge the gap between housing demand and supply, private sector resources must be mobilized. DPUCSP, with its market-based approach, enables private sector groups to work with LGUs in developing community-driven, pro-poor slum upgrading and low-income housing subprojects.
6. Secure Tenure Best Practices
As mentioned, a key policy objective of DPUCSP is to promote and institutionalize the use of different tenure systems to alleviate urban poverty and accelerate pro-poor housing. Consistent with this objective, policies and instruments that have conventionally been utilized to supply tenure security may have to be reassessed and/or used in more innovative ways. New instruments may also have to be “created”. For this purpose, significant insights can be gained from lessons learned and best practices that have evolved both locally and abroad (See Table 1 below).
Table 1. Secure Tenure: Lessons Learned and Best Practices
Involvement Recognize and treat informal settlers as having a ‘right to the city’ (Brazil) and include and them in planning and decision-making with emphasis on social and gender equity. Participation Include informal settlers in regulatory frameworks and planning and ensure that these will specifically benefit the poor, particularly women
Reassess Reassess conventional tenure types and land registration systems, and use them in Tenure more innovative ways. Create new, more appropriate instruments, e.g. basic lease for Systems cooperative, community land trust, housing association + internal group tenure (Guinea-Bisseau, Kenya, India, Australia, Pakistan). Ensure that tenure instruments are accessible and affordable to low income groups.
Rights such as freehold and registered leasehold, and the conventional cadastral and land registration systems (paper or digital), and the way they are presently structured, cannot supply security of tenure to the vast majority of the low income groups and/or deal quickly enough with the scale of urban problems, so innovative approaches need to be developed.
Incremental For people who cannot afford any form of legal tenure, a step by step, incremental Approach to approach from perceived/temporary secure tenure to improvements/legalization could Address be the best option (e.g. Namibia, Pakistan). While secure legal tenure for all Affordability segments of society is the aim, it is likely that there will always be people who cannot afford any form of legal tenure. These people need to be able to start with a perceived form of tenure security and work their way up the tenure ladder in incremental steps. Perceived tenure can be based on a number of things and these can be used constructively by local authorities, NGOs and others to manage urban areas better and supply a form of temporary tenure security.
Forced Prohibit forced evictions by law (Brazil), provide legal aid, (including community Eviction based paralegals) and recourse in case of violation + simplify court procedures in case of violation. Recognize important role NGOs play in mobilization against forced evictions. If informal settlement is only protected by ‘anti-eviction law’, community and/or local authority should keep simple records of occupation (rural Mozambique, India).
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 13
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Adverse Simplify procedures and adopt special regulations for adverse possession that are Possession affordable for low-income people (Brazil law not implemented in practice). Allow group claims to adverse possession (while including a gender perspective) and provide legal aid. Adverse possession rights, if the community knows they have them, are a valuable perceived secure tenure. However, it is critical that residents can prove their occupation in the area for the correct length of time. Again, the role of NGOs in educating people about their rights and simple record keeping, describing those in occupation, undertaken by the community in partnership with the local authority, is critical.
Customary Recognize existing customary land rights. In dealing with customary land for urban Land Rights development and extension of cities, involve tribal leaders, customary occupants, title holders, local authority and consider form of communal/village ownership (Tanzania, Guinea Bisseau). Customary areas do not respond well to freehold and/or individualized titles/deeds, because of group-based relationships and the lack of financial capacity. Locally administered group-based leases are a much more useful tool, linked to innovative land readjustment mechanisms.
Legalizing The legalization of informal settlements can take many forms, but it has generally been Informal done by giving individual freehold titles/deeds and been accompanied by individual Settlements servicing of the sites. This has led to problems of middle class down-raiding, lack of affordability (especially when legalization is accompanied by service provision) and slow centralized delivery approaches. The move now is away from individual titles/deeds towards a form of group title/deed, with individual rights administered by the group themselves, sometimes in partnership with the local authority. This approach can be used both when settling vacant land and for regularizing informal settlements. Titles/deeds can be upgraded incrementally if so desired. Group titles/deeds and the identification of special zones in the city for low income people, are complementary land delivery instruments. Special zones also work well with anti-eviction laws as they allow the local authority to intervene in areas of land conflict.
Qualified Qualified titles/deeds are often considered as a way forward to deliver titles/deeds Titles/Deeds quickly and they have been used at certain times in a country’s history very effectively. However, if a country has a weak administrative system, qualified titles/deeds, which have to be upgraded administratively at some future point, will not solve the problems of large-scale informal settlement.
Leases are the It is not possible for the majority of the population, and especially low-income groups, best solution to have tenure security by using centrally registered rights such as freehold. Instead alternative approaches need to be considered. Given the bundle of rights associated with land and the different types of leases and rights available in different countries, it is suggested that leases become the instrument of choice for publicly-owned land and especially local authority land, rather than freehold. That is, in urban areas the state should preferably not transfer the land in freehold to occupants. Women The regulatory frameworks of the country should be reviewed as a priority to determine whether enabling practices regarding women’s equal rights to security of tenure and the equal inheritance of women to land (housing) are being promoted.
Source: Handbook on Best Practices, Security of Tenure and Access to Land (2003), UN-HABITAT
From Table 1, lease is preferred to freehold because it is better for mass delivery to low income people. The reasons cited include the following:
. Leases are much cheaper than freehold title/deeds; . Leases can be delivered faster than freehold title/deeds; . Leases are more flexible as they do not necessarily fall under the national laws of the country and can be negotiated by the parties;
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 14
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
. Not only are delivery costs cheaper but more importantly transfer costs are cheaper. Governments often subsidize land delivery but seldom subsidize transfers; . Freehold requires a full adjudication and settlement of rights. Conflicting rights cannot be held on the registry record. Lease agreements can be made with occupiers of land still under dispute; . There are many types of leases, and a range of costs are associated with their creation, and they can be upgraded incrementally as and when required. There is often only one type of freehold in a country; . Both freehold and leases are amenable to information and communication technology. However, the technology system to handle leases can be much cheaper and simpler to use than a system for freehold.39
Real property should also be seen as legally being the subject of a bundle of rights, which makes alternative and incremental tenure options possible. Property rights cover several elements such as the right to: (i) occupy, enjoy and use; (ii) restrict others from entry; (iii) sell, buy, transfer or inherit; (iv) build, develop or improve; (v) cultivate or use for production; (vi) manage or administer; (vii) rent or sublet; (viii) realize a pecuniary benefit from increased property values or rental income; (ix) access services; and (x) access formal credit or mortgage.40
For low income groups, flexible alternatives or options for guaranteeing security of tenure appear to be more useful than focusing on individual freehold tenure and formal land registration systems. Incremental or step by step approaches to tenure improvements also allow for an appropriate level of change that improves land market efficiency while protecting the interests of low income groups. The informal settlement dwellers themselves will be able to identify which approach could best work for them if they are presented with a range of alternatives.41
Such intermediate, incremental options which emphasize a progressive increase in land rights seem to offer improved security, increased public sector influence over land development, modest increases in tax revenues, and practical options for financing land development. Such approaches are able to improve tenure security for the most vulnerable social groups and at the same time reduce distortions in land and housing markets. They are also considered simpler and cheaper to implement.42
7. RECOMMENDED FRAMEWORK
Most of these key principles have already been recommended by the relevant government shelter and land administration agencies. At the inter-agency Urban Land Reform Conference held in October 2004, participants resolved to advocate for rights-based approaches to secure tenure and to develop mechanisms for interim/qualified titling for pro-poor housing. Among the important policies adopted were the distribution of secure tenure using a diverse range of options (not necessarily formal or final title), adoption of an incremental approach to secure tenure, and implementation of tenure systems through a community-driven and participatory planning and settlement process. The output of the policy action planning on secure tenure is attached to this policy paper as Annex D. The conference results can serve as the basic
39 United Nations Human Settlements Programme (UN-HABITAT), Handbook on Best Practices, Secure Tenure and Access to Land (2003) 40 Id. note 7 at 7. 41 Id. note 14 at 7. 42 Id. note 7 at 16.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 15
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT framework to guide government efforts to improve tenure policy and carry out a more focused and effective secure tenure program.
The review of tenure policy and the assessment of existing tenure systems including the formulation and implementation of necessary policy reform measures will be done through technical working group meetings which HUDCC intends to convene and sponsor under DPUCSP. The work will most likely involve:
. An assessment of the full range of existing tenure systems and sub-markets; . A reformulation of policy on land tenure and property rights by adopting alternative tenure options; . Establishment of links and working arrangements among concerned agencies for the adoption of rights-based approaches and land use rights instruments; and . Planning and implementation of a revitalized government secure tenure campaign and program.
A parallel policy initiative is being done to examine relevant banking laws, rules and regulations that limit the ability of microfinance-oriented banking institutions to offer housing microfinance services and products. One of the objectives is to allow microfinance-oriented banks to give housing microfinance loans secured by collateral substitutes. These alternative instruments should include the different forms of rights-based secure tenure arrangements discussed in this Policy Paper, which lawfully convey valid and enforceable property rights. Shelter finance reform recommendations have already been prepared and submitted to the BSP for appropriate action. These policy initiatives on shelter finance are expected to be approved and implemented by the BSP in the ensuing months.
8. CONCLUSION
In conclusion, HUDCC is seeking policy reforms that aim to improve the urban poor’s access to secure tenure, shelter finance and basic services as definitive strategies to reduce urban poverty. Through this policy paper, HUDCC requests all concerned agencies to actively study, participate and pursue the necessary reforms to provide tenure security and accelerate the provision of pro-poor housing in the country.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 16
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
ANNEX A Tenure Characteristics Advantages Limitations System Freehold Ownership in Perpetuity Provides a high degree of security. Costs of access generally high. Freedom to dispose or use as collateral Collateral of value may not be relevant for loans. if incomes are low or financial Maximizes commercial value, enabling institutions are weak. people to realize substantial increases Property values can go down as well in asset values. as up and may trap the unwary in properties worth less than they paid for them. Delayed freehold Conditional ownership. Title is granted on the This provides the same high degree of Failure to maintain payments or completion of payments or when developments security as freehold, providing undertake developments may result in have been completed. payments are made as required or eviction and loss of funds invested. developments have been completed. Collateral value may not be relevant if Freedom to dispose, or use as incomes are low. Property values can collateral for loans. go down as well as up and may trap Maximizes commercial value, enabling the unwary in properties worth less people to realize substantial increases than they paid for them. in asset values. Expectations of increased values can divert investments from more productive sectors of the economy.
Registered Ownership for a specified period from a few months As secure as freehold, but only for the Requires legal framework. Leasehold to 999 years. period specified in the lease. Costs of access generally high.
Public rental Rental of privately owned land or house. Provides a high degree of security Limited supply may restrict access. providing terms and conditions of Often badly located for access to occupation are met. livelihood. Terms often restricted. Deterioration may result if maintenance costs not met.
Private rental Rental of privately owned land or property. Good security if protected by legally Open to abuse by disreputable owners. enforceable contract. Deterioration may result if maintenance Provides tenants with flexibility of costs not met. movement. Shared equity Combination of delayed freehold and rental in which Combines the security and potential Requires a legal framework and residents purchase a stake in their property (often increase in asset value of delayed efficient management. 50%) and pay rent on the remainder to the other freehold and the flexibility of rental. stakeholder. Residents can increase their stake over time, ultimately leading to full ownership. Co-operative Ownership is vested in the co-operative or group of Good security. Requires a legal framework. tenure which residents are co-owners. Maintains social cohesion. Restrictions may reduce incentives to invest. Requires double registration first of land and association.
Customary Ownership is vested in the tribe, group community Widely accepted. May lose its legal status in urban ownership or family. Land is allocated by customary authorities Simple to administer. areas. Vulnerable to abuse under such as chiefs. Maintains social cohesion. pressure of urbanization. Poor customary leadership may weaken its legitimacy
Religious tenure There are four main categories of land tenure within Facilities family/group tenures and Because they are outside the systems (e.g. Islamic societies. ‘Waqf’ is religious trust land and is accessible and affordable land commercial land market, waqf lands Islamic) potentially very significant in addressing management procedures. are often inefficiently managed. landlessness, whilst ‘mulk’, or individual full Inheritance disputes can cause land ownership, is also protected in law; ‘miri’, or state conflicts. owned/controlled land which carries ‘tassruf’ or usufruct rights, is increasingly common, whilst ‘musha/mushtarak’, is collective/tribal ownership.
Non-formal These include a wide range of categories with Some of these non-formal categories, tenure systems varying degrees of legality or illegality. They such as squatting, started as a include regularized and un-regularized squatting, response to the inability of public unauthorized subdivision on legally owned land and allocation systems or formal various forms of unofficial rental arrangements. In commercial markets to provide for the some cases, several forms of tenure may co-exist needs on the same plot, with each party entitled to certain rights. Source: UN-HABITAT
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 17
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
ANNEX B
Status of Signed Presidential Proclamation As of October 31, 2006 Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award NCR 1 PP No. 543 Reserving a certain parcel of land 27-Jan-04 Brgy. Valencia 0.26 300 NHA * Organizational conflict between 2 located in Brgy. Valencia, Quezon City Quezon City associations settled. as socialized housing site and declaring * Special patent for issuance to NHA, still the same open for disposition in favor pending with the LMB of the actual and bonafide occupants * IRR for finalization * Budgetary requirement for the conduct of Census & Tagging and Eco Survey, prepared and submitted to the NHA-GM's office.
2 PP No. 504 Amending Proclamation No. 6 dated 25-Nov-03 Brgy. Escopa, 6.00 1,083 DENR 719 * Per DENR, pricing committee approved February 15, 2001 which declared Quezon City the sale at P250.00/sq.m. certain parcel of land located in Cubao, * Reconstitution of property titles still being Quezon City open for disposition in processed (Judicial reconstitution) favor of the actual occupants by segregating the portion previously covered by proclamation no. 478 from its coverage and reserving the same for rehabilitation center purposes of the physically handicapped persons
3 EO No. 58 Authorizing the National Power 5-Dec-01 NAPOCOR, Sitio 1.60 716 HUDCC * Conveyance of NPC property to LGU of Corporation to dispose of its 1.6- Pajo, Quezon Q.C. is being worked out & finalized in hectare property located in Sitio Pajo, City view of the rescission of Contract of FDA, Baesa Quezon City to its bonafide NPC & HOA for development of property occupants under CMP scheme. * To date, the MOA (between NPC and LGU of Quezon City) is for approval of NPC
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 18
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award 4 EO No. 116 Declaring portions of the Bases 15-Aug-02 Camp Claudio & 1.00 460 NHA 388 72 460 For Camp Claudio: A proposed Master Conversion Development Authority Camp Atienza, (Camp Claudio) Development Plan for the whole Camp (BCDA) property, namely, Camp Paranaque and Office of Cong. Claudio property is being spearheaded by Claudio and Camp Atienza situated in Quezon City Defensor (Camp HUDCC and Cong. Zialcita. About 460 Paranaque City and Quezon City Atienza) CELAs were already awarded in 2004. respectively, as socialized housing HUDCC (Co- sites and providing for the disposition chair) thereof to qualified occupants and For Camp Atienza: The MOA was signed beneficiaries by members of Execom on 02 Feb. 2006. The office of Cong. Defensor is providing the funding for the conduct of structural survey of the proclaimed site. 5 PP No. 359 Withdrawing from use for Military 4-Apr-03 Camp Claudio, 3.41 proposed HUDCC/ OVP * For finalization of the IRR by the member- purposes a apportion of the parcel of Paranaque City gov't. agencies. land known as Camp Claudio, situated employee * Census and tagging activities for the in Tambo, Paranaque City, and housing present occupants will be undertaken by reserving the same for housing and site the NHA. urban development purposes * DND/AFP/Philippine Navy is requesting for the revocation of PP359 since the area is presently utilized as On-Base housing facility for the PN. * There are about 170 housing structures in the proclaimed site.
6 PP No. 964 Segregating certain portions of the land 29-Dec-05 Paranaque City 2.40 600 HUDCC/ Conduct on land survey on going. owned by the Philippine Reclamation NHA/Heads the Census & tagging completed. Authority (formerly Public Estates LIAC in 600 CELAs awarded. Authority) and the Toll Regulatory coordination Board situated in Paranaque City and w/PEA reserving the same for socialized MOA re Conveyance of property to NHA is housing sites purposes open for with PEA legal office. This is for PEA Board disposition to qualified beneficiaries approval. pursuant to the provisions of Republic Act No. 7279 otherwise known as the Urban Development and Housing Act of 1992 and Executive Order No. 131 dated October 1, 2002
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 19
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award 7 PP No. 571 Reserving certain parcel of land of the 9-Mar-04 Binondo, Manila 2.85 NHA * Implementation activities -- Public Domain located in Binondo, combine/merge with PP 581. Manila for socialized housing purposes * Transfer Administration of project to NHA. open for disposition in favor of qualified * Both the IRR and Code of Policy are for beneficiaries under the provisions of Republic Act No. 7279 otherwise finalization. known as "The Urban Development and Housing Act."
8 PP No. 581 Amending Proclamation No. 96 dated 18-Mar-04 Parola, Tondo, 5.61 10,000 NHA 100 100 * Compliance to agreements/assignments September 3, 2001, which reserved Manila identified during the IAC meeting held last certain parcel of land of the public July 6, 2006. domain located in Tondo, Manila, for * Transfer of administration to NHA. socialized housing site purposes open * Both the IRR and Code of Policy are for for disposition in favor of the actual occupants by changing the mode of finalization disposition from R.A. 730 to R.A. 7279 otherwise known as "the Urban Development and Housing Act", and authorizing the issuance of special patent in favor of the National Housing Authority over the area occupied by informal settlers. 9 PP No. 54 Declaring those parcels of land not 30-May-01 San Juan, Metro 4.23 592 DENR being occupied/used as government Manila center site of the Municipality of San Juan, Metro Manila, as disposable and available for award to its present occupants
10 EO No. 108 Declaring a portion of the Government 4-Jun-02 GSIS Property. 10.90 7,000 NHA This a part of the PAROLA project covered Service Insurance System (GSIS) Parola, Tondo by Proc. Nos. 571 & 581, wherein which the property located in Parola, Tondo and IRR has been drafted for approval. Binondo, Manila as social housing site and providing for the disposition thereof to qualified occupants and beneficiaries.
11 PP No. 595 Segregating a portion of the lot covered 2-Apr-04 MIAA Properties, 25.14 6,700 NHA * Bidding will be undertaken within July, by Transfer Certificate of Title Nos. Pasay City subject to approval of physical survey
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 20
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award 6735 situated in the City of Pasay package. under the administration of Manila * Draft MOA between MIAA and NHA for International Airport Authority and review by MIAA. declaring the same open for disposition to qualified occupants pursuant to provisions of the Urban Development and Housing Act of 1992 (Republic Act No. 7279) and Executive Order No. 131 dated October 1, 2002
12 PP No. 1027 Amending Proclamation No. 144, as 6-Mar-06 Balagbag 1 & 36.175 6,000 NHA * IAC created but no representation from amended by Proclamation Nos. 391 2,& Pildera 1 & CA. and 595, series of 2003 and 2004, by 2, Pasay City * Supplemental to PP# 391 & 595. segregating portions of the lot covered by TCT No. 6735 situated in Balagbag * Define additional streets & points of 1, Balagbag 2, and Pildera 1 and 2, all reference. in the, City of Pasay and adding them (391) - 40-m strip Balagbag as areas for retention by the Manila (595) - 40-m strip along NAIA road. International Airport Authority (10.7) - 40-m strip along MIA & 10-m along remaining portion Balagbag
13 PP No. 391 Amending Presidential Proclamation 28-May- Bo. Balagbag, 14.28 3,300 NHA 500 500 * Structural survey for Maricaban III & Bo. No. 144 dated January 18, 2002 which 03 San Roque and Pilipino Putol completed. Schematic plan segregated certain portions of the land Maricaban, on-going. covered by TCT No. 6735 situated in Pasay City * Balabag completed structural survey. Barrio Balagbag, San Roque and Maricaban, City of Pasay and declared * About 500 CELA has been awarded to the same open for disposition to qualified beneficiaries on Dec. 2003. qualified applicants thereat by * Administration of the Proc. sites is being transferring the administration of the transferred to NHA as per PP#391. reserved area to the National Housing * Balagbag structural & schematic survey Authority completed.
14 PP No. 970 Amending Proclamation No. 95 dated 13-Jan-06 MIAA Property, 2.29 Unoccupied NHA * Implementation of PP being objected by September 3, 2001 which declared a Pasay City proposed MIAA Employees Union recommending certain portion of the land situated in MIAA other use for the area. Employees Pasay City, Metro Manila covered by Housing Site * Proposed - 15 buildings Transfer Certificate of Title No. 142162 Estimated - registered in the name of the Manila 1,000 International Airport Authority (MIAA) beneficiaries as site of the MIAA employees housing
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 21
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award project, by authorizing the development of the area covered therein for Medium Rise Building and Mized-Use purposes and placing the same under the Administration of the NHA. 15 PP No. 601 Amending Proclamation No. 423, dated 2-Apr-04 Brgy. Lower 4.3182 Unoccupied NHA * Initial agreements reached between NHA, July 12, 1957 which established the Bicutan, Taguig DENR & DPWH last 2004. Fort Andres Bonifacio (formerly Fort * Draft MOA for review of concerned William Mckinley) Military Reservation, agencies, was routed. by segregating certain portions of the land embraced therein situated in * Coordinated with DPWH to invite HUDCC Barangay Lower Bicutan, Taguig, in next meeting to discuss IRR instead of Metro Manila and reserving the same MOA. for housing site purposes for * DPWH did not push through with the MOA employees of Department of Public since an internal arrangement between Works and Highways (DPWH) open for the Employees Union and management of disposition under the provisions of RA DPWH was reached to organize a 7279 known as the Urban Development cooperative to later administer the housing and Housing Act project. On January 2006 the DPWH cooperative was registered with CDA. 16 PP No. 621 Amending Proclamation No. 361, s. 26-Apr-04 DOTC, Maritime 2.2987 Proposed NHA in * DOTC called for a meeting once last year 1994, establishing the Maritime Communications, DOTC coordination with to discuss employees' housing. Communications Project Site, situated Proj., Lower employees DOTC * MOA signed between NHA/HDMF/DOTC in Lower Bicutan, Taguig, Metro Bicutan, Taguig housing drafted but DOTC is not amenable to NHA Manila, by segregating a portion site scheme as project administrator. thereof and declaring the same housing site of employees of the Department of * HUDCC called for a meeting with DOTC Transportation and Communications representatives to discuss issues and its attached agencies pertaining to implementation of proclamation. It was agreed for DOTC to write HUDCC to intervene in the implementation of the executive issuance. To date, DOTC has yet to write HUDCC awaiting further instruction from the undersecretary.
17 PP No. 684 Amending Proclamation No. 389 dated 5-Aug-04 NAMRIA, Fort 2.4161 NAMRIA NHA * Dev't Plan/Subd scheme & other structural March 17, 1989, which reserved a Bonifacio, Taguig Employees design prepared by NAMRIA. parcel of land located in Fort Bonifacio, Housing * Actual subd/dv't plan jointly undertaken by Taguig, Metro Manila for the use of Site NHA. National Mapping and Resource * Complete delineation of boundary by
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 22
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award Information Authority (NAMRIA), by DENR/LRA/HUDCC/NAMRIA. segregating a portion of the land * Land pricing to be determined by DENR & embraced therein and reserving the NHA for approval by LIAC. same as NAMRIA housing site 18 PP No. 412 Amending Proclamation No. 430 dated 25-Jun-03 Camp Bagong 9.22 Unoccupied HUDCC * Portion of the area proclaimed for PNP 29 December 2000, by transferring the Diwa, Taguig PNP Off- Off-Base Housing was part of PP No. 523 administration of the Off-Base housing Base signed on Dec. 29, 2003. project of the Philippine National Police Housing * PNP protested on the issuance of procs on from the Department of Interior and Site Camp Bagong Diwa. Requested for Local Government to the Housing and PP430, 412 and 523 be set aside and for Urban Development Coordinating the President to proclaim the area as PNP Council and for the purposes reservation. * HUDCC called for a meeting with PNP and DENR to settle the issue. Since PP 523 is already in the disposition process it could not be recommended for revocation. * It was agreed for the PNP to write DENR, copy furnish HUDCC, to reiterate its request to proclaim portion of the Camp as PNP reservation not including areas covered by PP 523 and the area for off- base housing. * As of January 30, 2006, the PNP organized a Committee to resolve the issue and pursue its previous recommendation to reserve the area at Camp Bagong Diwa as a PNP reservation. Meeting with PNP Legal Dept. and Engineering Services scheduled on Feb. 1, 2006 was postponed pending resolution by the Committee. 19 MO 119-A Amending Memorandum Order No. 14-Jul-03 Brgys. of Lower 16.00 1,700 DENR * IRR for the disposition of a portion of the 119, series of 1987 which provided Bicutan, Western farm lot (part of PP172) already approved guidelines for the implementation of Bicutan and & signed by representatives of member- Proclamation No. 172, series of 1987 Signal Village, agencies. Taguig * Some beneficiaries were already issued titles/TCTs by LMB. * Execom convened. Beneficiary Selection Sub-Committee convened last Jan. 6.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 23
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award 20 EO No. 465 Further amending Executive Order No. 3-Oct-05 BCDA 120.00 6,800 NHA * Census and tagging completed in Lupang 70 dated Feb. 11, 2002 as amended by Properties, Katuparan. Executive Order No. 216 dated June 9, Taguig * For turn-over administration of LK & BHIT 2003 entitled "Declaring portions of the to NHA. property of the Bases Conversion and Development Authority located in Fort * Under the Special Concerns Group. Bonifacio and its Environs as socialized housing sites and providing for the disposition thereof to qualified occupants and beneficiaries", clarifying the transfer of ownership and administration, and defining the duties and roles of the implementing agencies.
21 PP No. 284 Excluding from the operation of 8-Nov-02 AFP Officers 7 hectares Unoccupied HUDCC/ AFP * First two (2) MRBs inaugurated last June Proclamation No. 461, s. 1965, which Village, Fort (AFP Off- (approx. 17, 2005. Development of area on going. established the Armed Forces of the Bonifacio, Taguig Base 1,715 units) * Reconstitution of titles of the property in Philippines (AFP) Officers Village Housing) process. certain portion of land embraced 30 hectares therein situated in Fort Bonifacio, (Mixed-Use * On-going construction of two (2) buildings Municipality of Taguig, Rizal (now Component) & Club House. Metro Manila) and reserving seven (7) hectares for the AFP Off-Base Housing Program under the Administration of the Housing and Urban Development Coordinating Council (HUDCC), with mixed-use component of thirty (30) hectares under the Administration of the Armed Forces of the Philippines (AFP), and for other purposes 22 PP No. 133 Excluding from the operation of 10-Dec-01 DOTC Maritime 5.48 679 DENR 679 679 * 635 CELAs awarded by DENR to Proclamation No. 361 dated 27 April Communications beneficiaries. 1994 which established the Maritime Project Site, * 44 CELAs awarded last Aug. 31, 2005 by Communications Project site, situated Lower Bicutan, DENR. in Lower Bicutan, Taguig, Metro Taguig Manila, certain portions of land * For processing of title with DENR. embraced therein and declaring the same alienable and open for disposition to qualified occupants.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 24
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award 23 PP No. 627 Amending Proclamation No. 518 series 1-May-04 Comembo, 2.4246 202 NHA 202 202 * For approval of subdivision survey of 1990 by executing certain portion of Makati City completed. the land embraced therein situated in * Beneficiary Selection completed by Army Barangay Comembo, Makati City and Real Estate Office (AREO) reserving the same for AFP-Off-Base Housing purposes.
24 PP No. 631 Amending Proclamation No. 590 dated 6-May-04 DBM Property, 0.5517 Unoccupied DBM * For creation of LIAC March 29, 2004, which reserved a Paco Manila portion of land situated in Paco, City of Manila as housing site of the officials and employees of the Department of Budget and Management (DBM) by declaring the area as site of the DBM officials and employees quarters and placing the same under the Administration and Management of the DBM
25 PP No. 661 Amending Proclamation No. 542 dated 8-Jul-04 Old Bilibid mixed HGC/DENR * Urban Renewal Project February 28, 1995 which authorized Compound, housing/ * Disposition by Public Bidding. the renewal and development of the Quezon Blvd. & commercial Old Bilibid Compound located in Claro M. Recto, and Quezon Boulevard and Claro M. Recto Manila intermodal Avenue, Manila as Urban Renewal and transport Infrastructure Development Project infra projs. under the administration of the Public Estates Authority by transferring the administration and management thereof to the Home Guaranty Corporation 26 PP No. 145 Declaring a certain parcel of land 20-Jan-02 BASECO, Port 52.00 6,060 LGU 100 100 * LGU requested for P100M loan from known as Bataan Shipyard and Area, Manila NHMFC for the reclamation of 5 hectares Engineering Company (BASECO) area of the property. P80 Million released to the situated in Fort Area, City of Manila LGU. open for disposition to its actual * Master Plan formulated by LGU-Manila. occupants in accordance with R.A. 730 90% already reclaimed. in relation to the provisions of public land act (C.A. No. 141 as amended * Gawad Kalinga constructed 2,005 houses. * Habitat constructed 1,000 houses.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 25
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award
27 EO No. 71 Declaring the property of the 11-Feb-02 GSIS Property, 1.51 300 LGU * LGU Appraisal Committee has appraised Government Service Insurance System Sampaloc, property at 7k/sq.m which are much lower (GSIS) located in Pureza, Quintana, Manila than the GSIS appraised at 23k/sq,m. Ampil and De Dios Streets, Sampaloc, However the HOA is petitioning to acquire Manila as socialized housing sites and the land at 1.5k/sq.m. Both proposal of providing for the disposition thereof to LGU & HOA was submitted to GSIS board qualified occupants and beneficiaries. for approval. * Both IRR & Code of Policy for finalization. 28 PP No. 335 Amending Proclamation No. 234 27-Feb-03 National Bilibid 50.00 Unoccupied NHA * The implementation of PP#234 is being transferring the Administration of the Prison, Brgy. Proposed held in abeyance pending the formulation 500,000 sq.m. area of the National Poblacion, socialized of the Master Development Plan for the Bilibid Prison Reservation under the Muntinlupa City housing whole NBP property. National Housing Authority site * Allotted for 10,000-12,000 families to be affected by the Southrail rehabilitation & Informal Settler Families living along danger areas of Muntinlupa City. * About 218 illegal entrants are situated in the area.
29 PP No. Segregating a certain parcel of land 29-May- Katarugan 1.25 108 DOJ For creation of LIAC 1076 from the coverage of New Bilibid Prison 06 Village II Brgy. Reservation situated in Barangay Poblacion. Poblacion, Muntinlupa City and Muntinlupa City reserving the same for housing site purposes as part of Katarungan Village II, a low cost housing program of the Department of Justice
30 PPNo. 1159 Declaring the News Bilibid Prison 8-Sep-06 Muntinlupa City 366.70 HUDCC Reservation located in Barangay Poblacion, Muntinlupa City as government and socialized housing site with mixed-use component and providing for the disposition thereof to qualified beneficiaries and for other useful purposes
31 EO No. 68 Authorizing the National Power 20-Jan-02 NAPOCOR 4.10 2,000 HUDCC * Issue on political jurisdiction is being Corporation to dispose of its 4.1 Property, Sitio worked out between LGU Muntinlupa &
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 26
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award hectare property located in Sitio Bagong Silang, Paranaque. Bagong Silang, Sucat, Muntinlupa City Sucat, Preparation of IRR on going. to its bonafide occupants. Muntinlupa City * A MOA is being prepared between HOA and private surveyor to carry-out the boundary & structural survey within the proclaimed site. * Census & tagging activities for the occupied portion completed. * Proposed for CMP to be originated by NHA. 32 PP No. 397 Amending Proclamation No. 843 dated 2-Jun-03 Civic Center, 14.00 1,200 NHA/LGU 1,200 1,200 * Beneficiary selection by LIAC is on-going. April 26, 1971 which reserved the Tala Camarin, CELAs were distributed by the LGUs on Estate located in Camarin, Caloocan Caloocan City 17 Jan. 2004. City for various government uses by * CELAs awarded by NHA. excluding certain portion of the land reserved for civic center purposes and * Convene LIAC. reserving the same as socialized housing site
33 PP No. 255 Reserving certain parcels of land of the 12-Sep-02 Northbay 2.00 2,000 DENR 442 1,558 2,000 * For survey, Census/Tagging and boundary public domain situated at North Bay Boulevard, survey completed. Boulevard-South Navotas, Metro Navotas * LGU (Barangay to scout) look for Manila and declaring the same open for relocation site for the more or less 19 disposition in accordance with R.A. 730 families to be affected by the in relation with the provisions of public reblocking/subdivision plan. land act, Commonwealth Act No. 141, as amended * LGU (Barangay) to include relocation of said affected families in their next budget request/proposal. * DENR to come up with land valuation in accordance with DENR Administrative Order # 98-20
34 MO No. 76 Lifting the "Holding in Abeyance" order 23-Sep-02 TELOF Property, 2.00 350 NHA/ TELOF * Awaiting OES endorsement for budget on the Implementation of Presidential Pugad Baboy, support for PBS tower relocation (22 Proclamation No. 770, s. 1996 Valenzuela October 2003/R00167706). * HUDCC issued a memo on Nov. 2002 assigning NHA as Chairman of the LIAC. * Meeting last Oct. 26, 2005 attended by HUDCC.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 27
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award
35 Presidential Brgy. Pineda, Pasig City 12-Mar-01 Brgy. Pineda, 2.89 447 NHA 447 447 * For completion of subdivision survey. Memo to Pasig City * For completion of 5% downpayment to NHA PNR. * Negotiation with PNR on-going for individual CTS.
36 EO No. 47 Directing the Trustee and the Executive 26-Oct-01 Welfareville, 116 9,000 DSWD * Welfareville Oversight Committee. Committees of the Welfareville Madaluyong * The Welfareville Development Project- Development Project to Fast Track the Technical Working Group still waiting implementation of the socialized convening to fine-tune the Contract of housing component of the master Lease prior to its approval. development plan of the Welfareville property * The LGU of Mandaluyong shall submit a certification on the latest fair market value of Parcel 2.
CAR 37 PP No. 573 Amending Proclamation No. 501 dated 9-Mar-04 TELOF Property, 0.30 53 NHA/ TELOF * Subdivision plan for completion. December 21, 1939 which reserved Pacdal Plaza, * Awaiting submission to the Council for certain parcels of land located in the Baguio City endorsement/approval. City of Baguio for Radio Station purposes by declaring the land embraced therein as Department of Transportation and Communication Region I Office Site and Housing Site Open for disposition in favor of qualified occupants
38 PP No. 613 Amending Proclamation No. 290 dated 20-Apr-04 Teachers' Camp, 3.4229 150 NHA * For finalization of structural survey plan. July 18, 1988 which established the Baguio City * Pending due to request for amendments of Teachers' Camp Reservation, Baguio Proclamation by USEC for Legal Affairs, City, by excluding from its operation a DepEd Central. portion of the land embraced therein situated in Res. Sec. "C" and "F", Baguio City and reserving the same for housing site purposes open for disposition in favor of the actual occupants
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 28
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award 39 PP No. 360 Excluding from the operation of 4-Apr-03 BPI Property, 0.90 73 NHA * Approved pricing by the association for Proclamation No. 743, dated October Section "K", evaluation by NHA. 25, 1934, which established the semi- Baguio City * Conditional Contract to Sell (CCS) temperate fruit station reservation of between NHA and Association signed & the Bureau of Plant Industry in Baguio notarized on June 19, 2006. City, a portion of the land embraced therein situated in Res. Sec. "K", * Association is updated in the payment of Baguio City and reserving the same for monthly amortization. socialized housing purposes
40 PP No. 520 Excluding from the operation of 17-Dec-03 Fort Gregorio del 3.31 150 NHA * Project detailed plans completed Cost Proclamation No. 2405 dated March Pilar, Baguio City Estimate by NHA. 22, 1985, entitled “Reserving for * Identification of road Right of Way (ROW) Military purposes certain parcels of is on-going. land of the Public Domain, situated in Fort Gregorio Del Pilar, City of Baguio, Island of Luzon otherwise known as PMA Reservation, a certain portion of the land embraced therein and declaring the same open for disposition for AFP Off-Base Housing purposes
41 PP No. 262 Amending Proclamation No. 396 dated 23-Sep-02 Sec. "D" Baguio 0.89 25 NHA * Approved pricing by the Committee of March 31, 1989 reserving for housing City NHA. project purposes, certain parcel of the * Awaiting for submission plan approval by land situated in residence section "D", City Council. Baguio City and directing the National Housing Authority to directly dispose * 24 lots awarded. 1 lot for award to be said property to its bonafide occupants signed by CCS.
42 PP No. 7 Excluding from the operation of the 15-Feb-01 Lower Quirino 49.39 2,500 DENR * 113 families/applicants covered under Town site reservation of Baguio City Hills and Quezon Proc. No. 7 were issued an order of award certain parcels of land described in Hills, Res. Sec. by CENRO. approved survey plan SWO-131102- "K", Baguio City 000238 and plan SWO-131102- 000239, Res. Sec. "K", Baguio Town site, Baguio City, Island of Luzon, Philippines, and declaring the same open to disposition under the provisions of Republic Act No. 730, in relation to Chapter XI of the public land
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 29
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award Act. 43 EO No. 64 Declaring the property of the Bases 18-Dec-01 Scout Barrio, 15.90 163 BCDA 104 59 163 * 104 home lots are already awarded. Conversion and Development Authority Baguio City * Individual title already completed located in Scout Barrio, Baguio City as submitted by Register of Deeds (RD) to housing site and providing for its BCDA. disposition to bonafide occupants
REGION III 44 PP No. 607 Amending Proclamation No. 173 dated 19-Apr-04 PNP Off-Base 6.2841 NHA 55 145 200 * Funding for the land development will be March 31, 1950, which reserved a Housing, Tarlac, drawn from the Local Housing fund of certain parcel of land of the Public Tarlac Cong. Nonoy Aquino. NHA is presently Domain located in Tarlac, Tarlac for conducting the bidding for the said activity. constabulary purposes by excluding About 285 lots will be generated with an and reserving a portion therein for PNP average lot size of 100-120 sq.m. The Off-Base Housing Site PNP housing project will jointly undertaken by the Gawad Kalinga and the PNP. AFPSLAI has already released Php 6M for the construction of 200 units and an additional Php 1M was provided by the Provincial Gov't of Tarlac for the project. * PNP to handle beneficiary selection of active PNP personnel. * About 350 active, retired and civilian PNP employees will benefit from the housing project.
45 PP No. 635 Amending Proclamation No. 361-A 14-May- DND-Gov't. 30.00 15 has. DND 1,500 1,500 * IRR has been finalized and submitted to dated March 7, 1968, as amended by 04 Arsenal Lamao, Occupied & DND for approval. Since there has been Proclamation No. 371 dated May 6, Limay, Bataan 15 has. no response from the DND on the IRR, 2003, which established the Military unoccupied HUDCC has written DND Sec. Cruz reservation in Bataan, by excluding a (approx. requesting DND to fast track the approval portion of the land embraced therein 1800 of the IRR so that the LIAC can proceed and reserving the same as site of the families) with the implementation of the project. Department of National Defense- * Awaiting final schedule for signing by Government Arsenal/Armed Forces of heads of member-agencies. the Philippines (DND-GA/AFP) Off- Base Housing * About 1,500 employees of the Government Arsenal (GA) and active military personnel assigned at the GA will benefit from the project.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 30
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award
46 PP No. 418 Reserving certain parcels of land of the 30-Jun-03 Camp Tinio, 34.91 1,100 DENR 586 586 * A total of 1,052 lots will be generated with government for housing site purposes Cabanatuan City an average lot size of 300 sq.m. located in Barangay Camp Tinio, * To date, a total of 586 CELAs have been Cabanatuan City, Island of Luzon and awarded. declaring the same open for disposition in favor of the AFP personnel and * Pricing for the lots is still being finalized by actual occupants thereof the LIAC. * There is proposal to amend PP 418 to include an additional one hectare of public land to be devoted as Off-Base housing site for active military personnel of Camp Tinio. The proposed amendment is being prepared by DENR Region III. * LIAC to thresh-out issues/concerns relative to disposition & adverse claims.
47 PP No. Amending Proclamation No. 1033, 16-Oct-06 Gen. Tinio, Sta. 2,000.00 6,000 NHA 20 5,980 6,000 * An Inter Agency Committee was created 1033-A dated 13 March 2006, transferring the Rosa, Laur and composed of HUDCC, Administration of the Office-Base Gabaldon & City DND/AFP/Philippine Army, DENR, NHA Housing Project to the Armend Forces of Palayan, and HDMF and several meetings had of the Philippines represented by the Nueva Ecija & been conducted in relation to the Philippine Army and modifying the Dingalan, Prov. implementation of the Philippine Army Off- mode of disposition pursuant to Of Aurora Base Housing Project. Republic Act 730, in relation to * A draft IRR and MOA was prepared for pertinent provisions of Commonwealth comments/recommendations from Act 141 or the public land act, as member-agencies. amended * About 20 CELAs had been initially awarded to qualified beneficiaries of the project.
48 PP No. 231 Establishing the Dapdap Resettlement 12-Aug-02 Dapdap 166.00 3,600 NHA * IRR completed. site for the Mount Pinatubo Victims in Resettlement * Cong. Lapuz filed bill to Congress seeking the Municipality of Bamban, Province of Site, Tarlac to declare the entire area as alienable and Tarlac by excluding a certain portion of disposable land. land from the operation of Proclamation No. 163 dated 03 April 1993 which * Ongoing preparation of OCTs by the established the Clark Special Economic DENR (To date 56 OCTs had been Zone processed). * Last 13 January 2005 a total of 55 TCTs
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 31
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award has been awarded to the Pinatubo beneficiaries.
REGION IV 49 PP No. 817 Amending Proclamation No. 2017 5-Mar-05 Brgy. Tejero, 9.11 127 DENR/ PEZA * LIAC convened. dated 19 September 1980 by excluding Rosario, Cavite Cavite * PEZA informed HUDCC that preparation a parcel of land of the public domain Farmers for IRR and creation of LIAC is no longer from the Cavite Economic Zone Foundation, needed since the disposition of lots to the situated in the Municipality of Rosario, Inc. farmers had already been done. Province of Cavite, and declaring the same as alienable and disposable to serve as permanent relocation site of displaced farmers due to the proclamation and development of the zone
50 PP No. 526 Reserving for residential purposes 5-Jul-04 Brgy. Dela Paz, 2.68 375 DPWH * IAC met once. certain portions of the lots covered by Antipolo City * Proclaimed without DPWH concurrence. transfer certificate of title (TCT) Nos. 127409 & 416720 issued in the name * DPWH submitted position paper to OP of the Republic of the Philippines under opposing the implementation of Proc. the administration of the Department of Since the area is earmarked for exclusive Public Works and Highways (DPWH), utilization and devote said property for the situated in Barangay Dela Paz, City of construction of road & parks and shall Antipolo, Island of Luzon, and declaring clear the subject property of all illegal the same open for disposition under the occupants and illegally constructed and provisions of Act 3038, in relation to the improvements. provisions of CA 141, otherwise known as the Public Land Act, as amended
51 PP No. 530 Amending Proclamation No. 188 dated 16-Jan-04 Bo. Tiniguiban, 17.98 600 DENR HUDCC 600 600 * LIAC convened. August 28, 1937 which reserved a City of Puerto heads the LIAC * IRR signed. parcel of land of the Public Domain Princesa, situated in Barrio Tiniguiban, City of Palawan * Code of Policy adopted. Puerto Princesa, Province of Palawan, * Subdivision plan being finalized. for Military purposes by excluding a certain portion thereof for residential purposes
52 PP No. 537 Excluding from the operation of 19-Jan-04 Bo. Tiniguiban, 5.44 140 DENR HUDCC 140 140 * LIAC convened.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 32
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award Proclamation No. 781, series of 1935 City of Puerto heads the LIAC * IRR and Code of Policy signed. which reserved for the Philippine Princesa, Constabulary (now the Philippine Palawan * Usufruct Agreement being finalized. National Police) a parcel of land of the public domain situated in the Barrio of Teneguiban (now Tiniguiban), Municipality (now City) of Puerto Princesa, Province of Palawan, a parcel of land embraced therein and declaring the same open for disposition as socialized housing site under a Usufruct Scheme. 53 PP No. 550 Reserving certain parcels of land 17-Feb-04 Brgys. Lalakay, 188.3 3,363 DENR HUDCC 10 300 300 * IRR signed. Code of Policy for finalization. located in Barangays Lalakay, Bambang & heads the LIAC * Subdivision survey of Brgy. Lalakay Bambang and Timugan, all of the Timugan, Los completed. Municipality of Los Banos, Province of Banos, Laguna Laguna, for housing site purposes and * Issuance of Free Patent being processed declaring the same open for disposition by DENR. in accordance with the provisions of * 300 CELAs for award @ Brgy. Lalakay. R.A. No. 274 in relation to the * The subdivision plan for Brgy. Lalakay has provisions of the public land act. been submitted to RD-DENR for approval.
54 PP No. 574 Amending Proclamation No. 275, dated 9-Mar-04 Brgy. Panacan, 199.295 6,975 * IRR signed. June 20, 1988 which reserved certain Mun. of Narra, parcels of land situated in Barangay Province of Panacan, Municipality of Narra, Palawan Province of Palawan, Island of Palawan for Municipal High School and National Government Center Site purposes, by excluding a portion of the land within the National Government Center site and reserving the same for housing site purposes.
55 PP No. 615 Amending Executive Order No. 46 21-Apr-04 Brgy. Liwanag, 1.9926 125 DENR HUDCC 125 125 * LIAC convened. dated May 28, 1908, by segregating a Puerto Princesa, heads the LIAC * CELAs awarding completed. certain portion of land of the public Palawan domain located in Barangay Liwanag, * Completion of survey. Puerto Princesa City, Palawan and reserving the same open for disposition under the provisions of the Urban
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 33
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award Development and Housing Act (Republic Act No. 7279)
56 PP No. 718 Amending Executive Order No. 67, 19-Oct-04 Sitios Malamig & 2,646.87 2,000 LGU HUDCC 2,000 2,000 * LIAC convened. dated October 15, 1912 which Bocana, Brgy. heads the LIAC * Processing of applications. established the Iwahig Penal Colony in Iwahig, City of Palawan, by segregating portions of the Puerto Princesa, * 2,000 target CELAs for awarding. land embraced therein and declaring Palawan the same as Civil Reservation for Resettlement and Agricultural sites purposes 57 PP No. 489 Amending Proclamation No. 332 dated 22-Oct-03 Camp Reigo de 22.34 Unoccupied DENR * Constructed units Phase 1 - 164 units and June 2000, which declared a certain Dios, Tanza, AFP Off- Phase 2 - 65 units, total of 229 units. portion of land within the Camp Reigo Cavite Base * On-going construction - 23 units. De Dios Military Reservation situated in Barangay Tres Cruses and Punta, * Occupied 11 units. Municipality of Tanza, Province of Cavite open for disposition for the AFP Off-Base housing program by modifying its technical description and the mode of disposition thereof from that under Republic Act No. 730 to that provided by Act No. 1120 otherwise known as "the friar lands act" dated 26 April 1904, as amended.
58 PP No. 436 Declaring certain parcels of land for 11-Aug-03 ATO Property, 18.40 1,030 DENR 318 212 530 * IRR was approved by all stakeholders on government institutions and facilities Brgy. Ibabang 14 April 2004. and housing sites of government Iyam, Lucena * A total of 318 CELAs have been awarded employees and the Lucena City Urban City, Quezon to qualified beneficiaries. Poor, situated in Barangay Ibabang Iyam, City of Lucena, Province of * 212 CELAs have been submitted to Quezon, Island of Luzon DENR-PENRO for endorsement to DENR- RED. * Pre-qualification of 3rd priorities (renters & sharers) have been completed. List was endorsed to the LGU for final approval based on Sec. 17 of RA 7279. * 712 for award
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 34
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award 59 EO No. 59 Authorizing the Fil Oil Development 10-Dec-01 FILOIL, Noveleta 25.38 3,000 PNOC/ FIL 300 2,457 2,757 * Of the target 500 housing units, 141 and Management Corporation to and Rosario, OIL housing units were constructed & segregate and dispose of its properties Cavite occupied by beneficiaries. in Noveleta and Rosario, Cavite to its * As of March 2005, a total 1,950 lots were bonafide occupants awarded of which 8 are Commercial lots. * Structural surveys completed & approved by LGU of Rosario Cavite. * To date, 400 CELAs have been awarded out of the 2,800 qualified beneficiaries.
60 MO No. 72 Directing the Department of Justice 9-Sep-02 Lungsod 20,312 50,000 NHA/DOJ * HUDCC proposed a joint survey between (DOJ) to investigate the reported Silangan, (estimated DENR and LRA on priority areas in irregularities in the titling of lands on Antipolo, Rizal No. of Antipolo City. Meeting to be held on 12 portions of the Lungsod Silangan Town ISFs) Jan. 2006. site reservation, located in the Province of Rizal, and directing the HUDCC to explore and recommended possible tenurial arrangements for their legitimate occupants and for other purposes 61 EO No. 503 Declaring certain parcels of land owned 2-Feb-06 Taytay, Rizal & 3.9 700 PCSO/ HUDCC For creation of LIAC by the Philippine Charity Sweepstakes Antipolo City & Office located at Taytay, Rizal covered 5.2 by transfer Certificates of Title Nos. 502158 and 502159, and at the Antipolo City, covered by transfer certificate of title no. (N-49660)-RT-5, as housing sites, and providing for its development and disposition to qualified employees
62 PP No. 1160 Amending Proclamation No. 458 dated 17-Oct-06 Municipality of 6,700 HUDCC August 29, 1994, "Reserving the Cainta and foregoing twenty parcels of land at Taytay, Rizal and Manggahan Floodway Complex for the portion of the construction of medium rise socialized City of Pasig, and low cost housing project and its MM allied structures for the benefit of some 6,700 urban poor families and the deserving landless-homeless
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 35
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award employees of the provincial government of Rizal"
63 EO No. 137 Declaring six (6) parcels of land of the 21-Oct-02 ITDI Property, 24.44 Unoccupied ITDI * Terms of reference for the conduct of Industrial Technology Development Bacoor, Cavite ITDI-DOST bidding presented by HUDCC to ITDI in Institute (ITDI) situated in Brgy. Molino, Employees Dec. 2005 for their review and comments. Municipality of Bacoor, Province of Housing ITDI is initially inclined to allow HUDCC to Cavite as housing site for the ITDI and undertake the conduct of bidding. ITDI's DOST employees official response shall be forwarded to HUDCC on its scheduled meeting on the 3rd week of January 2006
64 EO No. 150 Authorizing the Metropolitan 18-Nov-02 Daan-Tubo, 13.50 1,500 NHA 700 800 1,500 * On-going discussion on pricing. Waterworks and Sewerage System Balara- * HOA registered with HLURB. (MWSS) to dispose of certain portions Montalban of the Right-of-Way of its abandoned Aquaduct * Stoppage of boundary survey activity due aquaduct, known as Daang Tubo, to financial constraints. situated at the Municipalities of San * Pledge of funding support for boundary Mateo and Rodriguez, Province of survey activity from Cong. Rodriguez did Rizal, in favor of the bonafide family- not materialize. occupants thereon for socialized housing purposes
REGION V 65 PP No. 653 Amending Proclamation No. 26 dated 25-Jun-04 Brgy. Sagpon, 17.476 NHA For creation of LIAC. LGU intends to seek July 9, 1920 which reserved certain Daraga, Albay HUDCC heads for amendment of proclamation designating parcels of land, located in Brgy. the LIAC LGU as the administrator. Sagpon, Daraga, Albay for school purposes, by segregating a portion of the land embraced therein and reserving the same for housing purposes open for disposition in favor of the actual occupants 66 EO No. 90 Declaring a certain parcel of land 1-Apr-02 DPWH Property, 13.46 700 HUDCC 700 700 * LIAC convened. owned by the Department of Public Bulan, Sorsogon * Deed of Assignment with DPWH for Works and Highways located in San signature. Vicente, Bulan, Sorsogon as socialized housing site and providing for its * MOA for signature of Heads of concerned disposition to bonafide occupants agencies. To date, the MOA and thereon conveyance of property (Deed of
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 36
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award Assignment) were sent to DPWH for approval
67 PP No. 40 Declaring the unutilized PNR lands in 7-May-01 PNR Non-Core 47.00 4,674 HUDCC 1,500 3,174 4,674 * LIAC convened. the Province of Albay and City of Properties, Albay * Census & tagging completed. Legaspi as socialized housing sites * Survey works on-going. CA lack funds to pay the private surveyor. * 1,500 awarded. * 3,174 for awarding. * Pricing of lots awaiting confirmation of PNR Board Secretary. * For review of Code of Policy (per Municipality/City)
REGION VI 68 PP No. 579 Amending Proclamation No. 11 dated 18-Mar-04 Brgys. Veterans' 4.02 500 NHA * LIAC convened. November 19, 1936, which designated & Sto. Rosario, HUDCC heads * Census & tagging done by NHA & the entire San Pedro Military Iloilo City the LIAC ICUPAO. Perimeter survey being Reservation as Philippine Army Post by processed for approval. segregating certain portions of the land embraced therein, Barangays Veterans' Village and Sto. Rosario, Iloilo City, and reserving the same for socialized housing purposes open for disposition in favor of the actual occupants under the provisions of R.A. 7279, otherwise known as the Urban and Housing Development Act
69 PP No. 580 Reserving certain parcels of land of the 18-Mar-04 Brgys. 5.51 500 NHA * LIAC convened. Public Domain situated in Barangays Concepcion & HUDCC heads * Census & tagging done by NHA and Concepcion and General Hughes, City Gen. Hughes, the LIAC ICUPAO. of Iloilo as socialized housing site open Iloilo City for disposition in favor of the qualified * Perimeter survey being processed for beneficiaries under the administration approval. of the National Housing Authority
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 37
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award 70 PP No. 659 Amending Proclamation No. 503 8-Jul-04 Iloilo City 2.2477 233 NHA * LIAC convened. (series of 1965), as amended by HUDCC heads * Development options for discussion. Proclamation No. 454, (series of 1965), the LIAC which reserved certain parcels of land located in Iloilo City for Central Bank Site purposes, and reserving the same for socialized housing purposes open for disposition in favor of the actual occupants under the provisions of R.A. 7279, otherwise known as the Urban and Housing Act.
71 PP No. 419 Reserving certain parcels of land of the 22-Nov-02 Brgy. Caingin, La 7.508 has. 327 NHA * On-going consultation activities with Public Domain situated in Brgys. Paz, Iloilo City beneficiaries and preparation of Caingin, La Paz, City of Iloilo as subdivision and re-blocking plan. socialized housing site open for * Special Patent No. 3639 already issued. disposition in favor of the qualified beneficiaries. * Titling in the name of NHA is in-process. * Lot assignments issued to 136 beneficiaries.
72 AO No. 109 Proclamation amending Proclamation 19-Oct-04 Brgy. VI-A, 41.30 1,000 NHA 136 136 * PP 378 amended by AO 109, conveying No. 131 s. 2001 by transferring the Victorias City the property from NHA to LGU. administration of the socialized housing Negros * Requirements for application for special site reservation to the National Housing Occidental patent being gathered by NHA and to be Authority and providing for its presented by the LGU. disposition to bonafide occupants in accordance with the provisions of * 136 CELA Awarded. Republic Act No 7279, otherwise known as the Urban Development and Housing Act 73 PP No. 748 Reserving a certain parcel of land of 13-Dec-04 Brgy. Singcang, 1.33 205 NHA * LIAC meeting conducted twice with NHA the public domain situated in Barangay Bacolod City, and representatives. of Singcang, City of Bacolod, Negros Negros * LIAC meeting set every second Tuesday Occidental for socialized housing site Occidental for the month. purposes under the administration of the National Housing Authority and * Perimeter survey to determine the area for declaring the same open for disposition Special Patent will be conducted by a in favor of the qualified beneficiaries. private surveyor. The LGU together with NHA will conduct census & tagging. 74 PP No. 1056 A Proclamation declaring a parcel of 12-May- Sitio Binakay, 161.27 5,644 DENR * On-going preparation of IRR.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 38
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award land of the public domain in Sitio 06 Brgy. Talacdan, Binakay, Barangay Talacdan, Mun. of Municipality of Cauayan, Province of Cauayan, Prov. Negros Occidental, Island of Negros, Of Negros as civil reservation for housing and Occidental resettlement sites purposes to be implemented through the Kapit-Bisig Laban sa Kahirapan in conflict areas (KALAHI-CA)
75 PP No. 881 Declaring a certain parcel of land of the 28-Jul-05 Bais City, Negros 15.6 280 LGU 280 280 * Socio-Eco Survey and Census Tagging public domain situated in the City of Orriental are completed. Bais, Negros Orriental, as civil * CELA distribution for schedule, pending reservation for socialized housing site the President's availability. purposes
76 PP No. 346- Amending Proclamation No. 346 dated 20-Apr-04 Brgy. Canjulao, 25.23 2,000 LGU * IRR is yet to be approved by the LIAC. A March 25, 2003, which reserved a Lapu-Lapu City * No development introduced in the parcel of land of the Public Domain proclaimed site. situated in Barangay Canjulao, City of Lapu-Lapu, Island of Mactan, Province * The proclaimed area if fully developed of Cebu for urban development and may accommodate more or less 2,000 socialized housing site purposes, by families. transferring its administration from the National Housing Authority to the City Government of Lapu-Lapu and designating the City Government of Lapu-Lapu as chair of the Local Inter- Agency Committee tasked to prepare the implementing rules and regulations.
77 PP No. 409 Declaring certain parcels of land 23-Oct-03 Brgy. Apas, 32.27 2,500 NHA 200 200 * Survey returns of Lot 950 and Lot 1035 situated in Brgy. Apas, Cebu City as Cebu City submitted to DENR for approval. socialized housing sites under Republic * Province of Cebu filed a case against Act No. 7279, otherwise known as the Central Command, AFP and Republic of Urban Development and Housing Act the Philippines for the recovery of the 47 of 1992, and for other purposes parcels of land. * The proclaimed area is fully developed to accommodate more or less 2,500 families. 78 Deed of Brgy, Sambag II, Cebu City 21-Oct-02 Brgy. Sambag II, 5.6 950 NHA 950 950 * DOH is in the process of transferring the
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 39
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award Coveyance Cebu City title to NHA. between DOH and NHA
79 Deed of Brgy. Carreta, Cebu City 21-Oct-02 Brgy. Carreta, 4.2 450 NHA 450 450 * NHA has requested the Register of Deeds Coveyance Cebu City to reconstitute the lost title. between DOH and NHA
80 EO No. 136 Directing the Department of Social 21-Oct-02 DSWD Property, 0.11 30 DSWD in 30 30 * The price of the lot offered by DSWD to Welfare and Development to dispose of Labangon, Cebu coordination beneficiaries at P2,500 per square meter. 1,177 sq.m. of its property in Barangay City w/HUDCC * Beneficiaries sought assistance re: Labangon, Cebu City to its bonafide references in mode of acquisition either occupants thru CMP or direct purchase from DSWD on an installment basis.
81 PP No. 278 Excluding from the operation of 22-Oct-02 Brgy. Duljo 4.7 700 DENR 700 700 * City of Cebu to acquire the 8 meter Right Proclamation No. 200-A, s. 1967, which Fatima, Cebu of Way of the proclaimed area. reserved for national improvement City * On-going survey structures affected by re- purposes, a certain portion of land blocking. embraced therein located at Brgy. Duljo Fatima, Cebu City and declaring the same open for disposition to its bonafide occupants
82 EO No. 539 Authorizing the Department of Public 4-Jul-06 Dumlog, Talisay 0.7933 96 LGU/ HUDCC Works and Highways-Region VII to City, Prov. Of dispose of its property situated in Cebu Dumlog, Talisay City, Province of Cebu as relocation site and for other purposes
REGION VIII 83 PP No. 611 Reserving certain portions of the 20-Apr-04 Brgy. Airport 3.0501 200 NHA 200 200 * Socio-Eco Survey and Census Tagging Military Reservation located in Village, are complete. Barangay Airport Village Catarman, Catarman, * For funding of site validation for
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 40
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award Nothern Samar, for socialized housing Northern Samar qualification of beneficiaries. site purposes and declaring the same open for disposition in favor of the actual occupants
84 PP No. 694 Reserving certain parcels of land of the 17-Aug-04 Brgy. 4.346 608 NHA * Proposed resettlement site of NHA for Public Domain located in Barangay Campoyong, families living in danger areas. Campoyong, Municipality of Guiuan, Guiuan, Eastern * Bensel with LGU on-going. Province of Eastern Samar, Island of Samar Samar for resettlement project site * Preparation of subdivision plan on going. purposes under the administration of National Housing Authority
REGION IX 85 PP No. 768 Reserving a parcel of land located in 24-Jan-05 Ipiil Heights, Ipil, 70.7 3,300 DENR * Final draft of IRR already forwarded to Ipil Heights, Ipil, Zamboanga Sibugay Zamboanga DENR-IX DENR Central Office. as housing site of DENR Region IX Sibugay Employees' employees and officials Province Housing
86 PP No. 531 Declaring certain parcels of land of the 16-Jan-04 Armor Village, 8.15 413 NHA 413 413 * PALC application for approval with CPDO. public domain located in San Jose San Jose Gusu, * Lot 381 for verification if private or Gusu, Zamboanga City as socialized Zamboanga City government so that Special Patent in favor housing site, providing for their of NHA can be processed. disposition to their actual bonafide occupants, and placing them under the * Final draft of the IRR for approval. administration of the National Housing Authority, in accordance with the provisions of Republic Act No. 7279 and Executive Order No. 131 series of 2002
87 PP No. 542 Reserving a certain parcel of land 28-Jan-04 Sicayab-Bucana, 3.33 300 LGU * Area will not be a housing site but instead located in Sicayab-Bucana, Dapitan Dapitan City the LGU will request that this be an City for resettlement site purposes Economic Zone. Housing in this area will under the Administration of the City of be transferred to another site in Brgy. Government of Dapitan Polangon. LGU will follow up amendment of the Proclamation from resettlement to an Economic Zone.
88 PP No. 589 Repealing Proclamation No. 614, dated 29-Mar-04 PNP, Brgy. 0.55 900 NHA * Survey works for publication for bidding.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 41
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award September 5, 1933 which reserved a Dumagok, Request for Special Patent with DENR. parcel of land of the public domain Labangan, For finalization and approval of the IRR. located in Barangay Dumagok, Zamboanga del Labangan Municipal District (now Sur actually under the Territorial Jurisdiction of Pagadian City), Zamboanga Del Sur, for the use of the Philippine Constabulary and declaring the parcel of land embraced therein for housing site purposes open for disposition in favor of the bona fide occupants in accordance with the provisions of Republic Act No. 7279, otherwise known as the Urban Development & Housing Act
89 EO No. 315 Authorizing the Telecommunications 21-May- TELOF, Talon- 2.3112 117 TELOF in * For completion of all documentary Office (TELOF) to dispose a certain 04 Talon, TELOF coordination requirements. parcel of land located in Talon-Talon, Zamboanga City employees w/HUDCC * Application of GSS with Bureau of Mines Zamboanga City as housing site for housing and ECC. Telof Employees site * PALC application requirements with CPDO.
REGION XI 90 PP No. 604 Amending Proclamation No. 20 s. 1926 13-Apr-04 DOTC Property, 2.6626 138 DENR 138 138 * Census & tagging completed. which reserved certain parcel of land Malvar, Davao * Survey works completed. situated in the City of Davao for City wireless station purposes by excluding * 29 applications were submitted to CENRO from its operation the unutilized II. portions of the land embraced therein * CELA was awarded. and declaring the same open for * Need to request Engr. Ceniza of CENRO disposition in favor of the actual XI to give time to Pres. Proc. areas as occupants under the provisions of the their priorities are farmlands. Public Land Act, as amended 91 PP No. 261 Amending Proclamation No. 297 dated 23-Sep-02 DOTC Property, 8.98 460 DENR 460 460 * Census & tagging completed. December 15, 1951 which reserved Ma-a, Davao City * Survey activities are on-going and only certain parcels of land of the private 10% is unsurveyed. domain of the government located in Ma-a, Davao City for radio station site * The re-issuance of title is completed. purposes under the administration of * Subdivision of lots for Register of Deeds
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 42
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award the director of Telecommunications by (RD). excluding certain portion of the land * Segregation of lots to be returned, lots for embraced therein and declaring the disposition. same open for disposition in favor of the actual occupants. * LMS-DENR XI shall undertake disposition after the survey plan is completed and approved.
92 PP No. 130 Declaring certain parcels of land of the 5-Dec-01 Brgy. Ilang, 18.46 400 DENR 400 400 * The proclaimed area is affected by road public domain situated in Barangay Bunawan widening from 30m to 60m as specified by Ilang, Bunawan District, Davao City as District, Davao DENR. socialized housing site for disposition to City * The survey of dry land has been bonafide occupants in accordance with completed. Republic Act No. 730, in relation to the provisions of the public land act (C.A. * Processing of documentary requirements No. 141, as amended) for reclamation permit on seashore is still on-going.
REGION XII 93 PP No. 538 Excluding from the operation of 20-Jan-04 Glan, 2.00 300 NHA 300 300 * NHA completed census & tagging. Proclamation No. 120, s. 1936, which Saranggani * NHA applied for Special Patent to DENR. established a Military Reservation, certain parcels of land located in the * Sec. of DENR to issue the SP and copy is Municipality of Glan, Sarangani and forwarded to RD in Gen. Santos City. declaring the same as socialized * NHA XII conducted trial land segregating housing site under the administration of of lot no/block no. the National Housing Authority and * NHA has allocated a budget for survey to providing for its disposition to actual convene. bonafide occupants in accordance with the provisions of RA 7279, s. 1992 and *Survey works completed before October EO No. 131 s. 2002 2006.
94 PP No. 1049 Amending Proclamation No. 1984 7-Apr-06 Brgys. Poblacion 20.00 1400 HUDCC/ NHA * Initial LIAC meeting last June 28, 2006 did dated November 23, 1978 which & Nasapian, not push through because Mayor Rogelio established the Camp Robert Edward Municipality of S. Talino begged off to give them time to Lucero Military Reservation located in Carmen, ask for amendment of the Proclamation. Barangays Poblacion and Nasapian, Province of * The LGU called the HUDCC-DRO and Municipality of Carmen, Province of Cotabato requested for postponement of meeting. Cotabato, Island of Mindanao, by segregating portions of the land * HUDCC and NHA plan to visit the Mayor embraced therein and reserving the on July 17, 2006 to discuss their same for socialized housing site complaints to PP#1049.
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 43
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award purposes
CARAGA 95 PP No. 403 Declaring a parcel of land of the public 16-Jun-03 Purok 6, 27.39 250 NHA 250 250 * Census & tagging completed. LIAC domain located in Purok 6, Diatagon, Diatagon, created and convened on Oct. 7, 2003. Lianga, Surigao Del Sur as socialized Lianga, Surigao * Title still with BIR. For follow-up by NHA. housing site under the Administration of del Sur the National Housing Authority and * Subdivision survey budget for approval by providing for its disposition to bonafide NHA. occupants in accordance with the * Code of Policy for approval/conforme by provisions of Republic Act No. 7279 NHA Central. (Urban Development & Housing Act) * No response from BIR on transfer of title. * 250 for award.
96 PP No. 68 Reserving for Barangay housing site 27-Jun-01 Cabadbaran, 17.55 1,500 DENR * Site is a mangrove area. purposes a certain parcel of land of the Agusan del Norte * FLA awarded to a private claimant. LGU public domain situated in Barangay coordinated with DENR to implement Caasinan, Municipality of Cabadbaran, Proclamation. Province of Agusan Del Norte, Island of Mindanao * For investigation by LMB.
SELECTED AREAS 97 EO No. 98 Declaring the available lands of the 2-May-02 SPDA Properties 67.00 1,200 SPDA in * Sasa Urban HOA (SUHA) applied for southern Philippines Development coordination CMP. Updated masterlist was submitted Authority (SPDA) as socialized housing w/HUDCC to NHMFC. sites * Mr. Leyretana of SPDA/MPDF did not agree that the Catitipan HOA be turned over to NHA. They want the CAHOA to apply for CMP financing so that they could recover the cost of property faster. * MPDF did not issue Intent to Sell to Upper Panacan HOA on their property located at Malagamot, Panacan, Davao City. 98 EO No. 48 Declaring Non-Core properties of the 26-Oct-01 PNR Non-Core 1,165 65,000 HUDCC 2,890 Philippine National Railways (PNR) as Properties socialized housing sites and providing for the disposition of the same to bonafide occupants
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 44
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award 1. Cavite - Noveleta 936 936 CELA Awarded - Bacoor 600 Dialogue with LGU & beneficiaries conducted 2. Los Banos, Laguna 250 For CELA awarding 3. Alaminos, Laguna 2,200 For CELA awarding 4. Magdalena, Laguna 1,300 1,300 CELA Awarded 5. Nagcarlan, Laguna 840 Census & tagging completed 6. Liliw, Laguna 450 Census & tagging completed 7. Calauan, Laguna 1,000 On-going census & tagging operation 8. San Pablo City 440 For CELA awarding 9. Gulang Gulang, Lucena 155 For CELA awarding 10. San Pablo City 440 Census & tagging completed 11. Caloocan City - 2nd to 10th Avenue 4,902 Completed. Beneficiaries already paying their - Bisig Ng Kabataan 831 monthly amortization to NHA 12. Lipa, Batangas 1,532 For CELA awarding 13. Pineda, Pasig City 496 For CELA awarding 14. Sto. Nino, Paranaque City 156 For CELA awarding 15. Urobal, Taguig City 410 410 Completed up to titling. Beneficiaries paying directly to PNR 16. Sta. Ana, Pampanga - San Juan 234 234 CELA Awarded - San Isidro 285 285 CELA Awarded - San Pedro 175 175 CELA Awarded - Santiago 185 185 CELA Awarded 17. Mabalacat, Pampanga 2,500 For CELA awarding 18. Magalang, Pampanga 357 For CELA awarding 19. Mexico, Pampanga On-going census & tagging operation 20. San Fernando, Pampanga
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 45
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
Signed No. of CELA Date AREA (in NO. OF LEAD Presidential TITLE Location IMPLEMENTING CELAS for Total REMARKS Signed hectares) BEN. Issuances AGENCY awarded Award - Sitio Virgen De Dios 500 For final survey 21. Pangasinan - San Quintin On-going census & tagging operation - Rosales On-going census & tagging operation 22. Baguio City - San Roque 64 CELA awarded - San Luis 94 CELA awarded 23. San Fernando, La Union - Sevilla Property 200 Contested with claimants
T O T A L 18018 21496 53902
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 46
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
ANNEX C
DPUCSP Secure Tenure Options
Form of Instrument Description Secure Tenure
Freehold Original or transfer certificate of Torrens title issued by the Register of Deeds evidencing title absolute ownership of real property Interim title – deed of absolute Duly executed contract or legal instrument issued by the sale, tax declaration, patent appropriate government agency conveying ownership and title to real property or recognizing ownership, but without a Torrens title Interim title – conditional sale, Duly executed contract or legal instrument issued by the contract to sell, order of award appropriate government agency indicating conditional sale or conveyance of real property to be perfected upon full payment of the purchase price and/or the fulfillment of other conditions
Usufruct Usufruct deed or agreement Duly executed contract executed by the owner of the property granting the usufructuary/ beneficiary/ client the right to use, possess, and enjoy the real property including its fruits and other rights or benefits
Leasehold Long-term lease contract Duly executed contract granting the lessee the right to use and possess the real property for a fixed long-term period in consideration for rental payments Lease-to-own Duly executed contract granting the lessee the right to use and possess the real property for a fixed period with rental being credited as payments for the purchase of real property Lease with option to buy Duly executed contract granting the lessee the right to use and possess the real property for a fixed period with an option to purchase the property on or before an exercise date
Right to occupy and/or build Certificate of eligibility for lot (1) Certification validly issued by the appropriate acquisition, certificate of personal government agency stating that the borrower/ client has qualification, certificate of the right to occupy, build and/or acquire the property inclusion in master list of eligible he/she is possessing being an eligible beneficiary of a beneficiaries, owner’s consent or public or private social housing program or a permission Presidential proclamation, or (2) certification or written acknowledgment from the owner of the property that the borrower/ client has the owner’s consent and permission to occupy and build on such property
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 47
TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT
ANNEX D
Urban Land Reform Conference: Distribution of Secure Tenure Through Rights-Based Approaches
Strategy Tasks/Activities Responsible Agencies 1. Advocate for rights-based Determine and issue rights-based DENR, HUDCC, NHA, NHMFC, LRA, approaches to secure tenure. instruments that are valid, necessary, other relevant agencies Develop mechanisms for appropriate and recognizable for the interim/qualified titling and government to accelerate the registration for pro-poor distribution of secure tenure to the housing poor Guidelines: - The ultimate goal is secure tenure (not necessarily formal or final title). - Use as a framework the existing laws, regulations, procedures and processes (as applicable) for orders of award, patents, CELAs, CLOAs, and recognition of property rights over forest lands - Determine when vested property rights are conferred and when can these be recognized, registered and transferred - The conferment of beneficiary rights must be matched with the assumption of corresponding obligations. - Adopt an incremental approach to secure tenure (i.e., what rights are being conferred or recognized at certain times vis-a- vis what instruments are appropriate) - Distribution of secure tenure should be done through a community-driven, participatory planning and settlement approach Establish institutionalized links and working arrangements among concerned agencies for the adoption of rights-based approaches and registration of land use rights instruments. Linkages will be among possible rights-based instrument issuing agencies (e.g., DENR, HUDCC), and between such agencies and the Land Registration Authority. Support/push the passage of the Free Patent Act which extends the grant of
VOLUME 1: MAIN REPORT APPENDIX 23 December 2009 PAGE 48