Began and held in Metro Manila, on Monday, the twenty- second day of July, nineteen hundred and ninety one. Declaration of State Policy and Program Objectives. Section 3. Definition of Terms for Purposes of this Act. The term shall also apply to persons who have previously been awarded homelots or housing units by the Government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing.
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Began and held in Metro Manila, on Monday, the twenty- second day of July, nineteen hundred and ninety one. Declaration of State Policy and Program Objectives. Section 3. Definition of Terms for Purposes of this Act.
The term shall also apply to persons who have previously been awarded homelots or housing units by the Government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing. Coverage - The program shall cover all lands in urban and urbanizable areas, including existing areas for priority development, zonal improvement sites, slum improvement and resettlements sites, and in other areas that may be identified by the local government units as suitable for socialized housing.
Section 5. Exemptions — The following lands shall be exempt from the coverage of this Act: a Those included in the coverage of Republic Act No. The exemptions herein provided shall not apply when the use or purpose of the abovementioned lands has ceased to exist. Framework for Rational Development. The Framework shall refer to the comprehensive plan for urban and urbanizable areas aimed at achieving the objectives of the Program.
In the formulation of the framework, a review and rationalization of existing town and land use plans, housing programs, and all other projects and activities of government agencies and the private sector which may substantially affect urban land use patterns, transportation and public utilities, infrastructure, environment and population movements shall be undertaken with the concurrence of the local government units concerned. Inventory of Lands. The inventory shall include the following: a Residential lands; b Government-owned lands, whether owned by the National Government or any of its subdivisions, instrumentalities, or agencies, including government-owned or -controlled corporations and their subsidiaries; c Unregistered or abandoned and idle lands; and d Other lands.
In conducting the inventory, the local government units concerned, in coordination with the Housing and Land Use Regulatory Board and with the assistance of the appropriate government agencies, shall, indicate the type of land use and the degree of land utilization, and other data or information necessary to carry out the purposes of this Act.
For planning purposes, the Housing and Urban Development Coordinating Council shall be furnished by each local government unit a copy of its inventory which shall be updated every three 3 years. Section 8. Identification of Sites for Socialized Housing. Government-owned lands under paragraph b of the preceding section which have not been used for the purpose for which they have been reserved or set aside for the past ten 10 years from the effectivity of this Act and identified as suitable for socialized housing, shall immediately be transferred to the National Housing Authority subject to the approval of the President of the Philippines or by the local government unit concerned, as the case may be, for proper disposition in accordance with this Act.
Section 9. Priorities in the Acquisition of Land. Where on-site development is found more practicable and advantageous to the beneficiaries, the priorities mentioned in this section shall not apply. The Local Government Units shall give budgetary priority to on-site development of government lands.
Section Modes of Land Acquisition. Provided, further, That where expropriation is resorted to, parcels of land owned by small property owners shall be exempted for purposes of this Act: Provided, finally, That abandoned property, as herein defined, shall be reverted and escheated to the State in a proceeding analogous to the procedure laid down in Rule 91 of the Rules of Court. For the purpose of socialized housing, government-owned and foreclosed properties shall be acquired by the local government units, or by the National Housing Authority primarily through negotiated purchase: Provided, That qualified beneficiaries who are actual occupants of the land shall be given the right of first refusal.
Expropriation of Idle Lands. These lands shall be disposed of or utilized by the Government for such purposes that conform with their land use plans. Expropriation proceedings shall be instituted if, after the lapse of one 1 year following receipt of notice of acquisition, the owner fails to introduce improvements as defined in Section 3 f hereof, except in the case of force majeure and other fortuitous events. Exempted from this provision, however, are residential lands owned by small property owners or those the ownership of which is subject of a pending litigation.
Disposition of Lands for Socialized Housing. This schemes shall not be limited to those involving transfer of ownership in fee simple but shall include lease, with option to purchase, usufruct or such other variations as the local government units or the National Housing Authority may deem most expedient in carrying out the purposes of this Act. Consistent with this provision, a scheme for public rental housing may be adopted.
Valuation of Lands Socialized Housing. For sites already occupied by qualified Program beneficiaries, the Department of Finance shall factor into the valuation the blighted status of the land as certified by the local government unit or the National Housing Authority. Limitations on the Disposition of Lands for Socialized Housing, No Land for socialized housing, including improvements or rights thereon, shall be sold, alienated, conveyed, encumbered or leased by any beneficiary of this Program except to qualified Program beneficiaries as determined by the government agency concerned.
Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or any right thereon, the transaction shall be null and void. He shall also lose his right to the land, forfeit the total amortization paid thereon, and shall be barred from the benefits under this Act for a period of ten 10 years from the date of violation. In the event the beneficiary dies before full ownership of the land is vested on him, transfer to his heirs shall take place only upon their assumption of his outstanding obligations.
In case of failure by the heirs to assume such obligations, the land shall revert to the Government for disposition in accordance with this Act. However, if the tenurial arrangement in a particular socialized housing program is in the nature of leasehold or usufruct, the same shall be transitory and the beneficiaries must be encouraged to become independent from the Program within a given period of time, to be determined by the implementing agency concerned.
Registration of Socialized Housing Beneficiaries. The local government units, within one 1 year from the effectivity of this Act, shall identify and register all beneficiaries within their respective localities. Balanced Housing Development. The balanced housing development as herein required may also be complied with by the developers concerned in any of the following manner: a Development of new settlement; b Slum upgrading or renewal of areas for priority development either through zonal improvement programs or slum improvement and resettlement programs; c Joint-venture projects with either the local government units or any of the housing agencies; or d Participation in the community mortgage program.
Incentives for the National Housing Authority. The National Housing Authority, being the primary government agency in charge of providing housing for the underprivileged and homeless, shall be exempted from the payment of all fees and charges of any kind, whether local or national, such as income and real taxes.
All documents or contracts executed by and in favor of the National Housing Authority shall also be exempt from the payment of documentary stamp tax and registration fees, including fees required for the issuance of transfer certificates of titles. Provided, That upon application for exemption, alien on the title of the land shall be annotated by the Register of Deeds: Provided, further, That socialized housing development plan has already been approved by the appropriate government agencies concerned: Provided, finally, That all the savings acquired by virtue of this provision shall accrue in favor of the beneficiaries subject to the implementing guidelines to be issued by the Housing and Urban Development Coordinating Council.
Appropriate implementing guidelines shall be prepared by the Department of Finance, in consultation with the Housing and Urban Development Coordinating Council, for the proper implementation of the tax exemption mentioned in this section within one 1 year after the approval of this Act. Property owners who voluntarily provide resettlement sites to illegal occupants of their lands shall be entitled to a tax credit equivalent to the actual non-recoverable expenses incurred in the resettlement, subject to the implementing guidelines jointly issued by the Housing and Urban Development Coordinating Council and the Department of Finance.
Basic Services. The provision of other basic services and facilities such as health, education, communications, security, recreation, relief and welfare shall be planned and shall be given priority for implementation by the local government unit and concerned agencies in cooperation with the private sector and the beneficiaries themselves.
The local government unit, in coordination with the concerned national agencies, shall ensure that these basic services are provided at the most cost-efficient rates, and shall set a mechanism to coordinate operationally the thrusts, objectives and activities of other government agencies concerned with providing basic services to housing projects. Livelihood Component. The government agencies dealing with the development of livelihood programs and grant of livelihood loans shall give priority to the beneficiaries of the Program.
Participation of Beneficiaries. They shall also be encouraged to organized themselves and undertake self-help cooperative housing and other livelihood activities. They shall assist the Government in preventing incursions of professional squatters and members of squatting syndicates in to their communities.
In instances when the affected beneficiaries have failed to organize themselves or form an alliance within a reasonable period prior to the implementation of the program or projects affecting them, consultation between the implementing agency and the affected beneficiaries shall be conducted with the assistance of the Presidential Commission for the Urban Poor and the concerned nongovernment organization.
Consultation with Private Sector. Urban Renewal and Resettlement. On-site development shall be implemented whenever possible in order to ensure minimum movement of occupants of blighted lands and slum areas. The resettlement of the beneficiaries of the Program from their existing places of occupancy shall be undertaken only when on-site development is not feasible and after compliance with the procedure laid down in Section 28 of this Act.
Any person or group identified as such shall be summarily evicted and their dwelling structures demolished, and shall be disqualified to avail of the benefits of the Program. A public official who tolerates or abets the commission of the abovementioned acts shall be dealt with in accordance with existing laws.
For purposes of this Act, professional squatters or members of squatting syndicates shall be imposed the penalty of six 6 years imprisonment or a fine of not less than Sixty thousand pesos P60, but not more than One hundred thousand pesos P, , or both, at the discretion of the court. Eviction and Demolition. Eviction or demolition as a practice shall be discouraged.
Eviction or demolition, however, may be allowed under the following situations: a When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; b When government infrastructure projects with available funding are about to be implemented; or c When there is a court order for eviction and demolition.
The Department of Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision. The local government units, in coordination with the National Housing Authority, shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families.
Prohibition Against New Illegal Structures. After the effectivity of this Act, the barangay, municipal or city government units shall prevent the construction of any kind or illegal dwelling units or structures within their respective localities. The head of any local government unit concerned who allows, abets or otherwise tolerates the construction of any structure in violation of this section shall be liable to administrative sanctions under existing laws and to penal sanctions provided for in this Act.
The primary objective of the program is to assist residents of blighted or depressed areas to own the lots they occupy, or where they choose to relocate to, and eventually improve their neighborhood and homes to the extent of their affordability.
Organization of Beneficiaries. Subject to such rules and regulations to be promulgated by the National Home Mortgage Finance Corporation, associations organized pursuant to this Act may collectivity acquire and own lands covered by this Program.
Where the beneficiaries fail to form an association by and among themselves, the National Home Mortgage Finance Corporation shall initiate the organization of the same in coordination with the Presidential Commission for the Urban Poor and the local government units concerned. No person who is not a bona fide resident of the area shall be a member or officer of such association.
Promotion of Indigenous Housing Materials and Technologies. Transport System. It shall also formulate standards designed to attain these objectives: a Smooth flow of traffic; b Safety and convenience of travel; c Minimum use of land space; d Minimum damage to the physical environment; and e Adequate and efficient transport service to the people and goods at minimum cost. Ecological Balance. To make the implementation of this function more effective, the active participation of the citizenry in environmental rehabilitation and in decision-making process shall be promoted and encouraged.
The local government units shall recommend to the Environmental and Management Bureau the immediate closure of factories, mines and transport companies which are found to be causing massive pollution.
Population Movements. They shall identify measures by which such movements can be influenced to achieve balance between urban capabilities and population, to direct appropriate segments of the population into areas where they can have access to opportunities to improve their lives and to contribute to national growth and recommend proposed legislation to Congress, if necessary.
The Population Commission, The National Economic and Development Authority, and the National Statistics Office shall likewise provide advanced planning information to national and local government planners on population projections and the consequent level of services needed in particular urban and urbanizable areas.
This service will include early-warning systems on expected dysfunctions in a particular urban area due to population increases, decreases, and age structure changes. Urban-rural Interdependence. Role of Local Government Units. They shall prepare a comprehensive land use plan for their respective localities in accordance with the provisions of this Act.
Role of Government Housing Agencies. Annual Report. Socialized Housing Tax. Consistent with the constitutional principle that the ownership and enjoyment of property bear a social function and to raise funds for the Program, all local government units are hereby authorized to impose an additional one-half percent 0.
Moratorium on Eviction and Demolition.
Republic Act No. 7279 – Urban Development and Housing Act or LINA Law
Began and held in Metro Manila, on Monday, the twenty- second day of July, nineteen hundred and ninety-one. Republic Act No. Declaration of State Policy and Program Objectives. Section 3. Definition of Terms. The term shall also apply to persons who have previously been awarded homelots or housing units by the Government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing. Section 5.
It first stipulates the principles governing the urban development and housing program, for instance the state shall ensure the rational use of land, provide the affordable housing for underprivileged and homeless citizens. The Act then requires the government to establish inventory of lands and identify the sites for socialized housing, and sets out rules on land acquisition and disposition. Crucially, the Act provides strategies and requirements for the socialized housing programs. It specifies the eligibility criteria for beneficiaries, provides incentives for National Housing Authority and private sectors, as well as sets standards on basic services and livelihood component for those housing.