IMPLEMENTING RULES AND REGULATIONS TO GOVERN

SECTION 18 OF REPUBLIC ACT NO. 7279 OTHERWISE KNOWN

AS THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992

Pursuant to Article III Section 6 and Article V,Section 18. Balanced Housing Development of RA
7279. the following Rules and Regulations are hereby promulgated by the Board.
SECTION 1. Definition of Terms. For the purpose of these Rules and Regulations, the terms
or words used herein shall, unless the context indicates otherwise, mean or be understood as
follows:
(a) "Board" shall refer to the Housing and Land Use Regulatory Board
(b) "Condominium Project" as defined under PD957
(c) "Condominium" as defined under PD 4726
(d) "Developer" as defined under PD 957
(e) "Project Area" shall mean:
e.1 for subdivision projects without housing component, the gross developed land area
e.2 for subdivision projects with housing component:
e.2.1 gross developed land area and
e.2.2 aggregate floor area of all housing units
e.3 for condominium projects, the gross floor area of residential units.
(f) "Project Cost" refers to cost of the project based on the following;
f.1 current market value of the raw land plus estimated land development cost plus
estimated housing project cost or
f.2 HIGC preliminary appraisal for projects requiring HIGC guarantee or HIGC appraisal
(g) "Socialized Housing". In addition to the definition in the Housing Act (RA 7279), it shall
refer to projects intended for the underprivileged and homeless wherein the housing package
selling price is within the lowest interest rate under the Unified Home Lending Program (UHLP) or
any equivalent housing program of the Government, the private sector or non-government
organizations.
(h) "Subdivision Project" as defined in PD 957
(i) "Main Subdivision Project" shall refer to the proposed residential subdivision or residential
condominium project which shall be the basis for computing the 20% requirement for socialized
housing.
(j) "New Settlement" shall mean any new, largescale development, consisting of one or several
subdivision projects planned to provide housing, work places and related facilities within a more
or less self-contained environment.
SECTION 2. Scope of Application. These Rules and Regulations shall apply to residential
subdivision and residential condominium projects and/or proposed expansion of existing
residential subdivisions and residential condominiums filed after the date of effectivity of these
implementing rules and regulations.
Proposed main residential subdivision/condominium projects with a density of one hundred (100)
units per hectare are deemed to have optimized the use and productivity of land and urban
resources and shall be considered as having fully complied with the 20% requirement for
socialized housing.
Proposed main subdivision projects falling under the category of socialized housing as herein
defined shall be considered as having fully complied with the requirements of Sec. 18 and
are thus exempted for socialized housing.
Residential Subdivision and Residential Condominium Projects with four (4) units or less shall be
exempted form the twenty percent (20%) requirement for socialized housing.
SECTION 3. Mode of Compliance.
(a) For main subdivision projects which are limited to the sale of lots only;
(1) Land equivalent to twenty percent (20%) of the total area of the main subdivision project shall
be developed for socialized housing; or
(2) a socialized housing project equivalent to twenty percent (20%) of the main subdivision total
project cost
(b) For main subdivision projects which consist of the sale of house and lot packages:
(1) Land equivalent to twenty percent (20%) of the total area of the main subdivision project shall
be developed and housing units equivalent to twenty percent (20%) of the aggregate floor area of
all housing units of the main subdivision project shall be constructed; or
(2) A socialized housing project equivalent to twenty percent (20%) of the main subdivision total
project cost

The Board shall formulate a conversion ratio to translate housing area to land area or vice versa
using as basis the cost of producing one square meter of floor area against the cost of developing
one square meter of raw land.
(c) For residential condominium project equivalent to 20% of the total condominium project cost.
(d) The socialized housing project equivalent to twenty percent (20%) of total subdivision project
cost may also be complied with in any of the following manner feasible in the municipality or city:
(1) New Settlement. Development of an entire new settlement or a portion thereof as certified by
the appropriate national agency or by the local government unit concerned.
(2) Slum Upgrading (APDs, ZIPs, SIRs).
Development, upgrading and improvement of a slum or blighted area to be certified by the
National Housing Authority or the local government unit concerned.
(3) Community Mortgage Program (CMP).
The developer shall finance the acquisition, development and subdivision of an identified CMP
project duly accredited by NHMFC.
(4) Joint-Venture Projects. The Developer may enter into a joint project or agreement with the
concerned local government unit or any of the housing agencies to develop a socialized housing
project. His participation shall be equivalent to 20% of project area or 20% of the cost of the main
subdivision project.
The developer shall abide by the implementing guidelines on joint-venture programs of the local
government units concerned or any of the housing agencies who shall in turn certify the
developer's compliance to the 20% requirement.
(e) Developers in metropolitan areas may
undertake a large socialized housing project
in advance in order to build up a credit
balance against which future main
subdivision projects can draw their 20%
requirements.
SECTION 4. Project Location and Zoning
Compliance. Location of projects for socialized
housing shall be within the zones designated in
the land use plan or In the zoning map.
In the absence of a land use plan/zoning
ordinance, the concerned local government unit
in coordination with the Board shall grant
locational clearance for socialized housing
projects in accordance with existing rules and
regulations.
Where a contiguous area equivalent to the
required twenty percent (20%) is not
available, development of separate sites
within the same city or municipality, whenever
feasible, may be allowed provided that the
aggregate total sums up to at least twenty
percent (20%) of the main subdivision
project's total area.
The socialized housing project may be
allowed in any adjacent city or municipality
provided the developer shall comply with BP
220 requirements.
In metropolitan areas, location of socialized
housing projects may be allowed within the
provinces contiguous to the physical
configuration of the metropolitan area.
SECTION 5. Development Standards.
Design and development standards for
socialized housing projects shall be in
accordance with BP 220 rules and
regulations.
SECTION 6. Permits and Licenses.
(a) Development Permit. The developer shall
secure simultaneously development
permits for the main project and the
socialized housing project except when
the socialized housing project is
developed in advance. Provided that
during the first year of implementation of
these rules, application for the socialized
housing project may be filled within one
(1) year from the date of effectivity of
these rules. Thereafter, applications for
both projects shall be filed simutaneously.
Procedures for the issuance of
development permits shall be in
accordance with the rules and regulations
implementing the Subdivision and Condominium
Buyers Protective Decree (PD
957) and Batas Pambansa Big. 220 (BP
220).
(b) Registration and License to Sell. The
developer shall likewise register and
secure simultaneously from the Board
License to Sell for each project in
accordance with the rules and regulations
implementing PD 957 and BP 220 except
when the socialized housing project has
been developed in advance.
(c) In the foregoing application, the Board
shall require that the main subdivision
project and socialized housing project
shall bear the name of the same project
developer in case the developer directly
undertakes the same. The socialized housing
project may bear the name of the subsidiary or
another developer to whom the main subdivision
project developer passes on the development of
the socialized housing project provided that the
liability remains with the main subdivision project
developer.
Provided further, that at the time of the
application for development of the socialized
housing project a joint venture agreement with a
subsidiary or another developer shall be
submitted stating that the said socialized
housing project shall be credited to a future
housing project. The Board shall issue a
certificate of credit for the main subdivision
project upon completion of the equivalent
socialized housing project.
(d) Performance Bond. On top of the regular bond
for the main project, the Board shall require a
bond sufficient to guarantee completion of the
socialized housing project. Such bond may be
required at the time of application for the license
to sell of the main project.
SECTION 7. Time of Completion.
Socialized housing projects shall be completed
within one (1) year from the date of issuance of the
license to sell for the subdivision or condominium
project or as approved by the Board and in
accordance with the rules and regulations
implementing PD 957 and BP 220.
SECTION 8. Incentives. Developers of socialized
housing shall immediately qualify for the incentives
cited in Sec. 20 of RA 7279.
SECTION 9. Authority for the issuance of
Supplemental Directive Memoranda. The
Chief Executive Officer of the Board shall Issue
supplemental directive or memoranda implementing
or interpreting these rules and regulations without
prejudice of the provision of Section 24 of RA 7279.
SECTION 10. Penalty Clause. Any violation of the
provisions of these rules shall be penalized in
accordance with Sec. 45 of RA 7279 and the
charter of this Board.
SECTION 11. Separability Clause. The provisions of these rules are hereby declared
separable, and in the event of any such provisions are declared null and void, the validity
of all other provisions shall not be affected thereby.
SECTION 12. Effectivity. These rules shall take effect immediately after its publication in
at least two (2) national newspapers of general circulation.
APPROVED this 08th day of June 1992, Quezon City.
(Sgd.) TEODORO K. KATIGBAK
Chairman, HUDCC
Attested By:
(Sgd.) FRANCISCO L. DAGNALAN
Board Secretary
(Sgd.) LEONORA V. DE JESUS
Undersecretary, DILG Ex-
Offlcio Commissioner
(Sgd.) BIENVENIDO E.MERELOS
Asst. Secretary for Legal Service,
DPWH Ex-Officio Commissioner
(Sgd.) HARRY S. PASIMIO
Asst. Director-General. NEDA
Ex-Officio Commissioner
(Sgd.) VICTORIA A. PAREDES State
Prosecutor III, DOJ
Government Representative
(Sgd.) ERNESTO C. MENDIOLA
Commissioner and Chief
Executive Officer
(Sgd.) AMADO B. DELORIA
Commissioner
(Sgd.) ROMULO Q. FABUL
Commissioner
(Sgd.) LUIS T. TUNGPALAN
Commissioner
199
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT and
HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL
IMPLEMENTING RULES AND REGULATIONS GOVERNING THE
REGISTRATION OF SOCIALIZED HOUSING BENEFICIARIES

Pursuant to Article V, Section 17 of Republic

Act No. 7279, otherwise known as the
"Urban Development and Housing Act,"
this Implementing Rules and Regulations
(IRR) prescribes the policies, rules and
procedures for the registration of Socialized
Housing Beneficiaries.
SECTION 1. SCOPE AND COVERAGE -
This Implementing Rules and Regulations
shall apply to the system of listing by the
province/city/municipality of eligible social
housing program beneficiaries as mandated
by RA 7279. The registration shall be
undertaken in all urban and urbanizable
areas as defined herein.
These rules and regulations shall apply only
to the listing of homeless and
underprivileged families who are qualified to
subsequently apply for socialized housing.
The same will not cover validation
procedures to determine full eligibility for
socialized housing beneficiaries. Such
validation procedures shall be adopted by
the government shelter agency or the local
government unit responsible for the
socialized housing program/project in the
locality.
SECTION 2. PURPOSE AND OBJECTIVES
- This Implementing Rules and Regulations
shall serve as guide for local governments in
order for them to:
a) Properly register potential socialized
housing beneficiaries within their
respective areas of jurisdiction; and
b) Generate data for the strategic planning
and implementation of their respective
socialized housing program.
SECTION 3. DEFINITION OF TERMS. - For
the purpose of this Implementing Rules and
Regulations, the terms or words and phrases
used herein shall mean or be understood as
follows:
a) MASTERLIST. - refers to the consolidated
provincial/municipal/city list of registered
eligible beneficiaries for the socialized
housing program, arranged
alphabetically and by area of residence.
The list shall include other critical
information such as name of spouse,
income, type of tenure. family size,
length of residence In the barangay
and/or any other criteria considered
relevant by the local government unit
concerned.
b) NON-GOVERNMENTAL ORGANIZATIONS
(NGOs). - refers to private nonprofit
organizations engaged in social
development work related to the urban
poor issues and concerns.
c) PROFESSIONAL SQUATTERS - refers to
individuals or groups who occupy lands
without the expressed consent of the
land owner and who have sufficient
income for legitimate housing. 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-bonafide
occupants and intruders of lands
reserved for socialized housing. The
term shall not apply to individual or
groups who simply rent land and housing
from professional squatters or squatting
syndicates.
d) REGISTRANT - refers to the head of the
family who meets the eligibility criteria for
beneficiary selection provided for in
Section 16ofRA7279.
e) SOCIALIZED HOUSING - refers to housing
programs and projects covering
houses and lots or homelots only
undertaken by the government or private
sector for the underprivileged and
homeless citizens which shall include
sites and services development, longterm
financing, liberalized terms of
interest payments, and such other
benefits in accordance with the
provisions of RA 7279. In
addition, it shall include housing
packages with selling prices within the
lowest interest rates under the Unified
Home Lending Program, public rental
housing, or any equivalent housing
program of the government, the private
sector or non-government organizations.
f) SQUATTING SYNDICATES. - Refers to
groups of persons engaged in the
business of squatter housing for profit or
gain.
g)UNDERPRIVILEGED AND HOMELESS
CITIZENS. - refers to the beneficiaries of
RA 7279 and to individuals or families residing
in the urban and urbanizable
areas. whose income or combined
household income falls within the poverty
threshold as defined by the National
Economic and Development Authority
and who do not own housing facilities.
This shall include those who live in
makeshift dwelling units and do not enjoy
security of tenure.
h) URBAN AREAS - refers to all cities regardless
of their population density and
to municipalities with a population density
of at least five hundred (500) persons per
square kilometers.
i) URBANIZABLE AREAS - refers to sites
and lands which, considering present
characteristic and prevailing conditions,
display marked and great potential of
becoming urban areas within the period
of five (5) years.
j) URBAN POOR ORGANIZATION (UPO).
- refers to community based
organizations and/or their aggrupations
whose members are the homeless and
underprivileged as defined in Section 3
(g) of these guidelines.
SECTION 4. GENERAL POLICIES. - The
allowing policies shall be observed In the
registration of eligible socialized housing
beneficiaries:
a) The city/municipal government shall be
primarily responsible for carrying out the
registration of underprivileged and
homeless families within their respective
jurisdictions.
b) Registration shall be undertaken at the
barangay level by the Barangay
Registration Committee (BRC)
composed of the Barangay Chairman as
head. the
LGU Day Care Worker in the Barangay, a
representative coming from a nongovernmental
organization (NGO) and
two representatives coming from the
urban poor organizations (UPO) based In
the barangay and preferably accredited
by the Presidential Commission for the
Urban Poor.
c) The Department of Interior and Local
Government. Department of Social
Welfare and Development, Housing and
Urban Development Coordinating
Council, National Housing Authority.
Housing and Land Use Regulatory
Board, National Statistics Office.
Presidential Commission for the Urban
Poor and other concerned agencies
shall provide assistance and support
to local government units in undertaking
the registration of beneficiaries.
d) Each province/city/municipality shall
prepare its own consolidated masteriist
of beneficiaries for socialized housing;
such masteriist may be updated every
three years.
e) Only those who meet the eligibility criteria
provided for in Section 16 of RA 7279
shall be included in the masteriist of
registered beneficiaries.
f) An eligible beneficiary, meaning the family
head, shall register only in his/her
barangay of residence. He/she shall
register only once.
g) Any misrepresentation and falsification of
information, or multiple registration by
the registrant or his/her family member
shall be a ground for disqualification and
delisting from the masteriist.
h) The local government units shall enlist the
participation of urban poor organizations
and non-governmental organizations in
the registration of socialized housing
beneficiaries.
i) The city/municipal governments shall
ensure the completion of the registration
on or before 28 March 1993.
SECTION 5. WHO CAN REGISTER. -- To
register one must have the following
qualifications:
a) Must be a Filipino citizen of legal age;
b)Must be an underprivileged and homeless
citizen whose average monthly income or
combined family income falls within the
poverty threshold as defined by rational
Economic and Development authority
(NEDA);
c) Must not own any real property whether n
the urban or rural areas and must not have
been a beneficiary of any government housing
program except those in leasehold or rental
arrangements:
d) Must not be a professional squatter nor a
member of a squatting syndicate; and
e) Must be the head of the family.
SECTION 6. PROCEDURES AND GUIDELINES.
- The following procedures and guidelines
shall be observed by the local
government s or concerned government
agency in the registration of socialized housing
beneficiaries.
a) CONSTITUTION OF THE CITY, AND MUNICIPAL
REGISTRATION COMMITTEE.
Within thirty (30) days from the effectivity of
these Implementing Rules and Regulations
the local government executive shall
constitute the City/ Municipal Registration
Committee with the head of the planning office
or any other appropriate local office as its
chairman and the following as members:
One (1) representative of the local Social
Welfare Office, one (1) representative of any
government shelter agency present in the
locality, one (1) representative of a nongovernmental
organization (NGO), and two (2)
representatives from urban poor organizations
(UPOs) based in the city/municipality
preferably accredited by the Presidential
Commission for the Urban Poor
The local government executive shall call for
an assembly of all LGU-accredited nongovernment
organizations and urban poor
organizations based in the locality in
order for them to select their representatives
in the City/Municipal Registration Committee.
The Committee shall serve as the over-all
coordinating body and the Secretariat for the
entire registration process.
b) PUBLIC INFORMATION.
The Department of Interior and Local
Government (DILG) in coordination with the
Housing and Urban Development Coordinating
Council (HUDCC), The League of Mayors and
the League of Governors, and the Philippine
Information Agency (PIA) shall undertake the
necessary measures to adequately inform the
local chief executives of their tasks and
responsibilities under these rules and
regulations.
The city/municipal government shall conduct an
information drive about the registration and
enlist the participation of the UPOs and NGOs in
the information campaign. The mayor shall
announce the purpose, requirements, dates and
venues of the registration at least thirty days
prior to the first day of registration. The mayor
may set more than one date for registration, if
necessary.
c) FORMATION OF THE BARANGAY REGISTRATION
COMMITTEE.
The Barangay Chairman shall constitute the
Barangay Registration Committee (BRC) within
thirty (30) days prior to actual registration. For
this purpose, the Barangay Chairman shall call
for a community assembly where the NGOs and
UPOs shall select their representatives to the
BRC. The composition of the BRC shall be in
accordance with Section 4 (b) of this IRR.
Upon the constitution of the BRC. the Barangay
Chairman shall notify the mayor of the
Committee's composition. Subsequently, the
BRC shall hold community assemblies about
the registration.
d) FUNCTIONS AND RESPONSIBILITIES OF THE
BRC
The BRC shall be responsible for the conduct
and management of the
registration at the barangay level, in accordance
with these rules and regulations. Specifically, it
shall:
1) Secure and distribute the registration of forms;
2) Assist the registrants in the proper accomplishment
of the forms in triplicate;
3) Mediate and resolve conflicts in registration;
4) Authenticate accomplished forms and ensure
that the first copy is transmit fed to the
city/Municipal Registration Committee, the
second copy kept in the Barangay, and the
third given to the registrant;
5) Organize and deputize volunteers to assist in
the registration;
6) Request the assistance of the mayor or any
concerned agency whenever necessary; and
7) Prepare and submit the barangay masterlist
together with the duplicate copy of the forms
to the City/Municipal Registration Committee
Chairperson.
e) ORIENTATION AND TRAINING.
The City/Municipal Registration Committees
shall orient the Barangay Registration
Committees on the mechanics of the
registration, including the proper use of the
forms at least seven (7) days prior to actual
registration.
f) PREPARATION OF REGISTRATION
MATERIALS.
The standard registration form (see attached
form which is an integral part of these guidelines)
shall be adopted and reproduced by the
city/municipal Registration Committee shall
ensure the timely distribution of registration
forms, logbooks and official receipts to the
Barangay Registration Committee shall
ensure the timely distribution of registration
forms, logbooks and official receipts of the
Barangay Registration Committees.
g) ACTUAL REGISTRATION.
Registration shall be conducted only at the
official barangay registration centers desig
nated by the mayor as recommended by
the Barangay Chairman on a date to
hereafter determined and called for the
purpose by the mayor.
I he actual registration shall be as follows
1) The registrant presents any identification
and proof of residence;
2) The registrant pays a registration f of
ten (P10.00) pesos and is issued.
official receipt therefor and a registration
form which shall have to I
accomplished in triplicate;
3) The registrar writes the control number
on the form corresponding to the reistrant's
control number on the
logbook
4) The registrant signs the logbook ( the
first column opposite his name;
5) The registrant returns the accomplish
form. the registrar ensures that the
forms are properly accomplished and
asks the registrant to sign on the logbook
for submitted accomplished form
on the space bearing the control
number of his/her form. The registrar
also signs the logbook on the space
opposite the registrant's signature.
h) CONSOLIDATION OF REGISTRATION
INFORMATION.
Upon the completion of the barangay
registration, the Barangay
Registration Committee shall
consolidate all the gathered
registration information into the
barangay masterlist of registrar for
socialized housing.
Not later than thirty (30) days after the
registration, the barangay masterlist
shall be posted in conspicuous place
in the barangay for at least two (2)
weeks to enable the barangay
resident to check and verify the
bonafide status of the persons in the
masterlist. The masterlist shall contain
the names the registrants, and the
corresponding information about them
such as the name of spouse, tenurial
status, family size and length of
residence in the barangay.
Any contesting claims should be submitted
to the BRC which shall
investigate and amend the masterlist
accordingly if necessary. A copy of the
barangay masterlist together with the first
copy of the accomplished registration forms
and the logbooks shall be awarded to the
City/Municipal Registration Committee.
i) REPARATION OF THE CITY/
MUNICIPAL MASTERLIST.
The City/Municipal Registration
Committee shall collate all the barangay
masterlists to produce the masterlist of
eligible and registered beneficiaries.
arranged by barangay. The City/Municipal
Registration , Committee shall adopt
measures to validate the list. Copy of the
same shall be forwarded to the Provincial
Planning and Development Office for
provincial planning purposes.
J) REPARATION OF NATIONAL
SUMMARY.
The Housing and Urban Development
Coordinating Council (HUDCC) shall
consolidate the provincial masterlists into
national summary containing statistical data
necessary for national planning purposes.
SECTION 7. REGISTRATION FEES. - The
Barangay Registration Committee shall
collect registration fees of ten (10) pesos
per registrant to defray the costs of
registration materials and other expenses
incidental thereto.
SECTION 8. PENALTY CLAUSE. -- Any
person who violates any provision of this
IRR shall be imposed the penalty of not
more than six (6) years of imprisonment or
a fine of not less than Five thousand pesos
(P5.000.00) but not more than One
hundred thousand pesos (P100,000.00). or
both, at the discretion of the court;
Provided. That. if the offender is a
corporation, partnership, association or
judicial entity, the penalty shall be imposed
on the officer who caused the violation, as
provided for in Section 45 of Republic Act
7279.
SECTION 9. AMENDMENT CLAUSE. -
The Housing and Urban Development
Coordinating Council (HUDCC) in
coordination with the Department of
Interior and Local Government (DILG)
may issue additional/amendatory
guidelines to supplement this
Implementing Rules and Regulations.
SECTION 10. SEPARABILITY
CLAUSE. - The provisions of this
Implementing Rules and Regulations
are hereby declared as separable and
in the event that any of such provisions
are declared null and void, the validity
of all other provisions shall not be
affected thereby.
SECTION 11. EFFECTIVITY. - This
Implementing Rules and Regulations
shall take effect immediately upon
publication in at least one (1)
newspaper of general circulation.
APPROVED, this 2nd day of February,
1993, in Makati, Metro Manila.
(Sgd.) Dionisio C. De la Serna
Chairman
Housing and Urban
Development
Coordinating Council
(Sgd.) Rafael M. Alunan III
Secretary
Department of
Interior and Local
Government
GUIDELINES FOR THE INVENTORY AND IDENTIFICATION
OF LANDS AND SITES FOR SOCIALIZED HOUSING
SECTION 1. MANDATE. - These guidelines
are enacted pursuant to Section 40 of RA
7279 which provides, inter alia, that Housing
and Urban Development Coordinating
Council through the key housing agencies,
shall provide local government units with
necessary support such as formulation of
standards and guidelines as well as technical
assistance in the preparation of land use
plans, in relation to Section 4.d of E.O. 90
Series of 1992 which designated the Board
as the sole regulatory body for housing and
land development.
These guidelines are formulated in the
furtherance of the provisions of the same Act
which provides respectively: "Within one (1)
year from the effectivity of the Act, all city
and municipal governments shall conduct an
inventory of all lands and improvements
thereon within their respective localities"; and
"after the inventory of all lands the local
government units in coordination with the
National Housing Authority (NHA), Housing
and Land Use regulatory Board (HLRB) Land
Management Bureau (LMB), and National
Mapping and Resource Information Authority
(NAMRIA). shall identify lands for socialized
housing and resettlement areas for the
immediate and future needs of
underprivileged and homeless in the urban
areas, taking into consideration the degree of
availability of basic services and facilities,
their economic opportunities, and the actual
number of registered beneficiaries".
The inventory of lands and subsequent
identification of sites for socialized housing
shall serve as inputs in the formulation of the
National Urban Development Framework as
contained in Section 6 of this Act.
SECTION 2. OBJECTIVES. - These guidelines
are intended to provide guidance and
assistance to the Local Government Units
(LGUs) in the implementation of Sections 7
and 8 of R.A. 7279.
SECTION 3. SCOPE. - These guidelines shall
cover the inventory of all lands and the
identification of suitable sites for socialized
housing in urban and urbanizable areas.
3.1 The following lands shall be covered by
the inventory of all lands and detailed
data/information thereon shall be
gathered:
a. all undeveloped and vacant lands
zoned for residential purposes as
delineated in the Zoning Ordinance of
the Local Government Units, duly
approved by the Housing and Land
Use Regulatory Board;
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 agricultural
and idle lands including idle
government lands;
d. other lands
d.1 lands located outside the zoned
built-up areas but suitable for
socialized housing, as per
suitability criteria contained in
these guidelines;
d.2 squatter settlement, including
Areas for Priority Development
(APD), Zonal Improvement
Program sites (ZIP) and Slum
Improvement and Resettlement
Program (SIR) sites;
d.3 marginal agricultural lands which
comply with the conversion
criteria of DAR;
d.4 government-owned lands 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 the Act and
identified as suitable for
socialized housing
3.2 The following lands shall be indicated on the
map, as cited in Section 6.1 although are
exempted from the coverage of the law:
a. Those included in the coverage of Republic Act
No. 6657 otherwise known as Comprehensive
Agrarian Reform Law;
b. Those actually used for national defense and
security of the State;
c. Those used, reserved or otherwise set aside for
government offices, facilities and other
installations, whether owned by the National
Government, its agencies and
instrumentalities, including governmentowned
or controlled corporations, or by the
local government units: Provided, however.
that the lands herein mentioned, or portions
thereof, 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 the Act. shall be covered by the
Act;
d. Those used or set aside for parks, reserves for
flora and fauna, forests and watersheds, and
other areas necessary to maintain ecological
balance or environmental protection, as
determined and certified by the proper
government agency; and
e. Those actually used for religious, charitable, or
educational purposes. cultural and historical
sites, hospitals and health centers, and
cerneteries or memorial parks.
SECTION 4. DEFINITION OF TERMS. As used
herein the following terms and phrases shall have
the following meaning/definitions:
4.1 Areas for Priority Development (APD) refers to
those areas declared as such under existing
statutes and pertinent executive issuances.
4.2 Blighted lands refer to the areas where the
structures are dilapidated, obsolete and
unsanitary, tending to depreciate the value of
the land and prevent normal development and
use of the area.
4.3 Idle lands refer to non-agricultural lands in
urban and urbanizable areas on which no
improvements, as herein defined, have been
made by the owner, as certified by the city.
municipal or provincial assessor.
Idle government lands refers to: nonagricultural
lands in urban and urbanizable
areas on which no improvement as herein
defined has been made by the government
including: 1) patrimonial properties of the
state; 2) public properties; and 3) properties
foreclosed by the government financing
institutions (GFIs), government owned and
controlled corporations (GOCCs), as certified
by the city. municipal and provincial assessor.
Improvements refer to all types of buildings
and residential units, wall, fences, structures
or constructions of all kinds of a fixed
character or which adhered to the soil but
shall not include trees, plants and growing
fruits, and other fixtures that are mere
superimpositions on the land. and the value of
the improvements shall not be less than fifty
percent (50%) of the assessed value of the
property.
4.4 Government lands refers to parcels of lands
which titles are held by national government
entities or any of its subdivisions,
instrumentalities, or agencies, including
government-owned or controlled corporation
and their subsidiaries and lands placed
under the jurisdiction of the above entities by
virtue of proclamations signed by the
President. Government lands also include
rights-of-way or road titles.
4.5 Marginal lands refers to land which are not
effective for crop production due to
constrainsts such as topography of the area
and poor yields.
4.6 Resettlement areas refer to areas identified
by the appropriate national agency or by the
local government unit with respect to areas
within its jurisdiction, which shall be used for
the relocation of the underprivileged and
homeless citizens.
4.7 Slum Improvement and Resettlement
Program (SIR) refers to the program of the
National Housing Authority of
upgrading and improving blighted squatter
areas outside of Metro Manila pursuant to
existing statutes and pertinent executive
issuances.
4.8 Socialized housing refers to housing
programs and projects covering houses
and lots or homelots only undertaken by
the Government or the private sector for
the underprivileged and homeless
citizens which shall include sites and
services development, long-term
financing, liberalized terms on interest
payments, and such other benefits in
accordance with the provisions of this
Act.
4.9 Underprivileged and homeless citizens
refer to the beneficiaries of this Act and
to individuals or families residing in urban
and urbanizable areas whose income or
combined household income falls within
the poverty threshold as defined by the
National Economic and Development
Authority and who do not own housing
facilities. This shall include those who live
in makeshift dwelling units and do not
enjoy security of tenure.
4.10. Unregistered or abandoned lands refer
to lands in urban and urbanizable areas
which are not registered with the
Register of Deeds or with the city or
municipal assessor's office concerned,
or which are uninhabited by the owner
and have not been developed or
devoted for any useful purposes, or
appears unutilized for a period of three
(3) consecutive years immediately prior
to the issuance and receipt or
publication of notice of acquisition by the
Government as provided under the Act.
It does not include land which have
been abandoned by reason of force
majeure or any other fortuitous event;
Provided That prior to such event, such
land was previously used for some
useful or economic purposes.
4.11 Urban areas refer to all cities regardless
of their population density and to
municipalities with a population density
of at least five hundred (500) persons per
square kilometer.
4.12 Urbanizable areas refer to sites and
lands which, considering present
characteristics and prevailing
conditions, display marked and great
potential of becoming urban areas
within the period of five (5) years.
4.13 Zonal Improvement Program (ZIP) refers
to the program of the National Housing
Authority of upgrading and improving
blighted squatter areas within the cities
and municipalities of Metro Manila
pursuant to existing statutes and
pertinent executive issuances.
SECTION 5. RESPONSIBLE AGENCIES. - The
following agencies shall be involved in the inventory
and site identification:
5.1 The Local Government Units (LGUs) shall
be responsible for the conduct of inventory
and identification of sites for socialized
housing.
5.2 The Housing and Land Use Regulatory
Board (HLRB) shall prepare guidelines for
the inventory and identification of sites for
socialized housing and provide training
and technical assistance in the conduct of
inventory. It shall also provide relevant
information on land use and zoning and
assist in the preparation of Land Use Plans
incorporating the identified sites for
socialized housing.
5.3 The National Mapping and Resource
Information Authority (NAMRIA) shall
provide base maps, aerial photographs
and other cartographic materials needed
for the inventory.
5.4 The Land Management Bureau (LMB) shall
furnish the LGUs with cadastral map,
inventory of government-owned lands and
other relevant data.
5.5 The National Housing Authority (NHA) shall
make available existing guidelines and
criteria on the identification of sites for
socialized housing, accept and act as
repository (of deeds, TCT's. plans, etc.) of
government-owned lands found suitable
for the above stated purpose, and assist
the concerned LGUs in the
implementation of appropriate housing
programs arising from the inventory
gathered on socialized housing projects.
5.6 Other agencies not identified in Sections 7
and 8 but which can provide relevant information
and data requirement are as follows:
a. Bureau of Internal Revenue (BIR) shall
provide data on land valuation and taxation.
b. Department of Agriculture (DA)/Bureau of
Soils and Water Management (BSWM)
shall provide data on Network of Protected
Agricultural Areas.
c. Department of Agrarian Reform (DAR) shall
provide data on lands covered by the
Comprehensive Agrarian Reform Program
(CARP).
d. Department of Environment and Natural
Resources (DENR)/Environmental
Management Bureau (EMB) shall provide
data on environmentally critical areas.
e. Department of Transportation and Communication
shall provide data on transportation
and communication services.
f. National Statistics Office (NSO) shall provide
data on population and other relevant data.
g. National Power Corporation (NPC), Manila
Electric Company (MERALCO), National
Electrification Administration (NEA) shall
provide data on power.
h. Manila Waterworks and Sewerage System
(MWSS) and Local Waterworks and
Utilities Administration (LWUA) shall
provide data on water.
i. Department of Public Works and Highways
(DPWH) shall provide data on roads and
other relevant data.
j. City/Municipal Assessor's Office shall
provide tax map and listing of all real
properties with their corresponding market
values and/or assessed values located in
their respective city/municipality.
SECTION 6. GENERAL GUIDELINES AND
METHODOLOGY. - The LGUs shall undertake an
in-ventory of all lands to determine current and
actual land uses, availability of basic services
and such other information that are needed to
establish the suitability of sites for socialized
housing. The LGUs are not limited to the use of
this methodology but may utilize other available
methodologies as well.
6.1 Inventory of Lands
In the conduct of inventory, any or a combination
of the following techniques Ynay be
used:
a. Ocular Inspection b. Aerial
Photo Interpretation
d. Data sourcing from tax maps. cadastral
maps, existing land use maps and other
thematic Maps
e. Interview with local residents who have
sufficient local knowledge.
6.2 Documentation
The aforementioned inventory shall be embodied
in a report which shall include
among others:
a. Maps
a.1 A base map drawn to a convenient
scale wherein the lands covered under
Section 3 (Scope) of these
Guidelines shall be plotted.
a.2 Map showing the lands suitable for
socialized housing as identified by
the LGUs based on the Suitability
Criteria enumerated in 6.3 of these
Guidelines.
a.3 Other maps showing the assessed/
market value, actual land use, zoning
classification and basic services.
b. Tabular forms
An inventory/tabular form which shall
include but not be limited to the following
information:
b.1 inventory of individual property indicating
relevant information (Refer to
Annex A - Inventory Form)
b.2 listing of all properties inventoried
indicating relevant information (Refer to
Annex B - Inventory of Lands)
b.3 summary of lands as identified in Section
3 (Scope) hereof and corresponding area
in hectares (Refer to Annex C - Summary
of Inventory). This form shall be
submitted to the Housing and Urban
Devleopment Coordinating Council
(HUDCC) for planning purposes.
c. Other pertinent documents
6.3 Site Selection Criteria
The following criteria shall be used to evaluate
the suitability of sites for socialized housing:
a. To the extent feasible, socialized housing
and resettlement projects shall be located
in new areas where employment
opportunities are available:
b. Priority shall be given to areas where basic
services and facilites are already existing or
where these can be introduced within a
very short time;
c. Transportation cost to work places and other
services should be affordable considering
that the target beneficiaries are the
homeless and underprivileged;
d. The site shall not require excessive levelling,
cutting and filling. Sites requiring excessive
engineering works shall be avoided.
Likewise, sites on steep slopes and/or on
weak soil foundation shall not be
considered;
e. Environmentally critical areas as in fbod
prone or earthquake zones or areas near
rivers and canals shall be avoided;
f. Compatibility with existing zones;
g. Financial feasibility and viability where land
valuation offered is low; and
h. Tenurial status.
6.4 Priorities in the Selection of Sites for
Socialized Housing
In selecting from among sites that equally meet
the criteria listed above, priorities shall be
established based on the following:
a. those owned by the government or any of its
subdivisions, instrumentalities or agencies,
including government-owned and
controlled corporations and their
subsidiaries;
b. alienable of public domain;
c. unregistered or abandoned and idle lands;
d. those with the declared Areas for Priority
Development (APD) and Zonal
Improvement Program (ZIP) Sites as
validated by the National Housing Authority
and LGUs and Slum Improvement
and Resettlement (SIR) Program Sites
which have not yet been acquired;
and
e. Bagong Lipunan Improvement of sites and
Services (BLISS) sites which have not yet
been acquired; and
f. privately-owned lands.
6.5 Completion and Updating of inventor
The inventory shall be completed within one
(1) year from the effectivity of these
guidelines. Updating shall be done every three
(3) years.
For planning purposes, the Housing and
urban Development Coordinating Council
(HUDCC) shall be furnished by each local
government unit a copy of its inventory.
6.6 Turnover of Government Lands
Public lands acquired by virtue of a presidential
proclamation and government-owned
lands which have not been used for the
purpose for which they have been reserved
for the past ten (10) years prior to the
effectivity of R.A. 7279 and which have been
identified as suitable for socialized housing
shall be transferred to NHA, subject to
Presidential approval.
SECTION 7. ZONIFICATION OF THE IDENTIFIED
SITES FOR SOCIALIZED HOUSING – The identified
sites for socialized housing shall be located in
residential zones, identified in the City’s or
Municipality's Zoning Ordinance duly approved by the
Housing and Land Use Regulatory Board (HLRB).
However, for cities and municipalities where the
identified sites are not the said residential zones, the
location shall be confined within the priority sites and
those which conform with the suitability criteria fined
in Section 6.3 and 6.4 of these Guidelines.
The identified sites shall be zoned as SOCIALIZED
HOUSING ZONES.
The current Zoning Ordinance of the LGUs there-fore
shall be reviewed and revised such that the socialized
housing, component shall be integrated.
APPROVED this 25th day of November 1992,
Quezon City.
(Sgd.) ZORAYDA AMELIA C. ALONZO
Acting Chairman. HUDCC
Ex-Officio Chairman
(Sgd) BEINVENIDO E, MERELOS
Asst. Secretary for Legal Service, DPWH
Ex-Officio Commissioner
(Sgd) RAMON S. ESQUERRA
Undersecretary, DOJ
Ex-Officio Commissioner
(Sgd) VICTOR R. SUMULONG
Undersecretary, DILG
Ex-Officio Commissioner
(Sgd) ANICETO M. SOBREPENA
Dep. Dir. Gen. NEDA
Ex-Officio Commissioner
Certified approved by the Housing and Land Use
regulatory Board per Resolution No. R-521, series of
1992 adopted on 25 November 1992
(Sgd) FRANCISCO L. DAGNALAN
Board Secretary
SECTION 8. SUPPLEMENTARY AND INTERPRETATIVE
RULES AND POLICIES. - THE Chief Executive Officer
of the HLRB is hereby authorize to issue
supplemental rules, and interpretative policies and
guidelines as to the procedure, contents and
documentary requirements of the inventory, in the
implementation of these guidelines.
SECTION 9. SEPARABILITY CLAUSE. - If for any
reason any part of these guidelines are declared as
declared as contrary to law, the remainder hereof
not affected hereby shall continue to remain in force
and effect.
SECTION 10. EFFECTIVITY CLAUSE. - These
Implementing Guidelines shall take effect immediately
upon approval
(Sgd) ERNESTO C. MENDIOLA
Commissioner and
Chief Executive Officer
(Sgd) AMADO B. DELORIA
Commissioner
(Sgd) ROMULO Q. FABUL
Commissioner
(Sgd) LUIS T. TUNGPALAN
Commissioner
ANNEX A INVENTORY
FORM
1. TCT. Number : ________________________
2. Owner : ________________________
3. Area (in hectares) : _______________________
4. Location (Barangay) : ________________________
5. Classification (please check)
[ ] a. Undeveloped and vacant lands zoned for residential purposes as delineated in the
approved Zoning Ordinance of Local Government Units, duly approved by HLRB
[ ] b. Government-owned lands ]
[ ] c. Unregistered or abandoned and idle lands including idle government lands
[ ] d. Other lands
[ ] d.1 Lands locate d outside the zoned built-up areas but suitable for socialized
housing
[ ] d.2 Areas for Priority Development (APDs), Zonal Improvement Sites and Slum
Improvement and Resettlement Program (SIRP) Sites ]
[ ] d.3 Marginal lands
[ ] d.4 Government-owned lands which have not been used for the purpose for which
they have been reserved for the past ten (10) years and identified as suitable for
socialized housing
6. Asssessed/Market Value : _________________
7. Actual Land Use (please check)
[ ] Residential [ ] Industrial [ ] Others, specify
[ ] Commercial [ ] Agricultural _________
[ ] Institutional [ ] Vacant
8. Zoning Classification base on the approved zoning ordinance (please check)
[ ] Residential [ ] Industrial
[ ] Commercial [ ] Agricultural
[ ] Institutional [ ] Others, specify _______________
9. Basic Services (if present, please check)
[ ] Potable water
[ ] Power
[ ] Sewerage facilities and waste disposal system
[ ] Access to primary roads and transportation facilities
[ ] Otheravailable services, specify______________________
Prepared by: Certified by:
______________________ ________________________
______________________ ________________________
Date Date
ANNEX C
SUMMARY OF INVENTORY
Year
City/Municipality
of Province of
CLASSIFICATION AREA
(in hectares)
1. Undeveloped and vacant lands
zoned for residential purposes as
delineated in the approved zoning
ordinance of local government units,
duly approved by HLRB
2. Government-owned lands
3. Unregistered or abandoned and idle
lands including Idle government
lands
4. Other lands
a. Lands located outside the zoned
built-up areas but suitable for
socialized housing per suitability
criteria
b. Areas for Priority Development
(APDs), Zonal Improvement
Program (ZIP) Sites, and Slum
Improvement and Resettlement
Program (SIRP) Sites
c. Marginal lands
d. Government-owned lands which
have not been used for the
purpose for the past ten (10)
years from the effectivity of the
Act and identified suitable for
socialized housing
TOTAL
Office of the President
HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL
IMPLEMENTING GUIDELINES FOR THE ACQUISITION, VALUATION,
DISPOSITION AND UTILIZATION OF LANDS FOR SOCIALIZED HOUSING
SECTION 1. Objectives. - These guidelines
are intended to provide instructions and
guidance to the Local Government Units,
National Housing Authority, Department of
Finance. Department of Environment and
Natural Resources and other concerned
agencies in the acquisition, valuation.
disposition and utilization of lands for
socialized housing pursuant to Republic Act
No. 7279, otherwise known as the Urban
Development and Housing Act of 1992.
SECTION 2. Duties and Responsibilities of
Concerned Agencies. - The following
agencies shall be involved in the acquisition,
valuation and disposition of lands for
socialized housing:
1. Local Government Units (LGU's), In
coordination with NHA shall formulate
and make available various schemes for
the disposition of lands, other than
government-owned, within their
respective localities for socialized
housing purposes;
2. National Housing Authority, in
coordination with the LGUs and other
concerned agencies shall formulate and
make available various schemes for the
disposition of national governmentowned
lands for socialized housing
purposes;
3. Bureau of Local Government Finance
(Department of Finance) shall implement
the guidelines issued pursuant to Section
13 of the Act and arbitrate on land
valuation for socialized housing.
4. Department of Environment and Natural
Resources shall, in coordination with the
LGUs. NHA and DOF, expedite the
disposition of government lands in urban
and urbanizable areas for purposes of
the Act.
SECTION 3. Definition of Terms. -
a. Alienable lands of the public domain
refer to any of those which are not yet
covered by any claim of ownership, or
have been allocated or acquired.
b. Carrying costs refer to operations and
maintenance expenses incurred by the
National Housing Authority (NHA). and
includes financing charges.
c. Community Mortgage Program refers to
an innovative concept of low-income
home financing program of the National -
Home Mortgage Finance Corporation
(NHMFC) whereby an undivided tract of
land may be acquired by several
beneficiaries through community
ownership.
d. Expropriation refers to the exercise of
the power of eminent domain wherein the
government compulsorily acquires private
properties for public use upon payment of
just compensation.
e. Idle lands refers to non-agricultural lands
in urban and urbanizable areas on which
no improvements has been made by the
owner, as certified by the provincial and
city assessor or municipal assessor in
cases within Metro Manila.
Idle government lands refer to: nonagricultural
lands in urban and
urbanizable areas on which no
improvement has been made by the
government including: (1) patrimonial
properties of the state; (2) public
properties; and (3) properties foreclosed
by the government financing institutions
(GFIs) and government-owned and
controlled corporations (GOCCs), as
certified by the provincial or city or
municipal assessor in cases within Metro
Manila.
f. Land assembly/consolidation refers to
the acquisition of lots of varying
ownership through purchase or
expropriation for the purpose of planned
and rational development and socialized
housing programs without individual
property boundary restrictions.
g. Land banking refers to the acquisition of
land at values based on existing use in
advance of actual need to promote
planned development and socialized
housing programs.
h. Negotiated purchase refers to the
transmission of property from one person
to another by agreement among the
parties.
i. Small property owners refers to those
whose only real property consist of
residential lands not exceeding three
hundred square meters (300 sq.m.) in
highly urbanized cities and eight hundred
square meters (800 sq.m.) in other
urban^ areas.
j. Unregistered and abandoned lands
refers to lands in urban and urbanizable
areas which are not registered with the
Register of Deeds, or with the city or municipal
assessor's office concerned, or
which are uninhabited by the owner and
have not been developed or devoted for
any useful purpose, or appears unutilized
for a period of three (3) consecutive years
immediately prior to the issuance and
receipt or publication of notice of
acquisition by the Government as
provided under the Act.
It does not include land which has been
abandoned by reason of force majeure or
any other fortuitous events; provided that
prior to such event, such land was
previously used for some useful or
economic purpose.
SECTION 4. Priorities in the Acquisition
of Lands. - The Local Government Units
(LGUs), NHA and DENR shall prioritize
acquisition of lands in the following order:
1. idle government lands;
2. those owned by the Government of or any
of its subdivisions, instrumentalities, or
agencies, including government-owned
or controlled corporations and their
subsidiaries;
3. alienable lands of the public domain;
4. unregistered or abandoned and idle lands;
5. those within the declared Areas for Priority
Development, Zonal Improvement
Project sites and Slum Improvement and
Resettlement Program sites which have
not yet been acquired;
6. Bagong Lipunan Improvement of Sites
and Services sites which have not yet
been acquired;
7. abandoned privately-owned lands;
8. idle privately-owned lands.
SECTION 5. Modes of Land Acquisition. -
The modes of acquiring lands for purposes
of these guidelines shall include, among
others:
a. donation to the government;
b. land swapping;
c. community mortgage;
d. land assembly;
e. land banking;
f. joint-venture agreement;
g. negotiated purchase;
h. expropriation;
i. transfer to the NHA;
j. by presidential proclamation.
Expropriation shall be resorted to only when
other modes of acquisition have been
exhausted. All idle lands in urban and
urbanizable areas shall be expropriated, if
after the lapse of one (1) year following
receipt of notice of acquisition, the owner
fails to introduce improvements, with the
following exemptions:
1. in the case of force majeure and other
fortuitous events;
2. residential lands owned by property
owners;
3. where ownership of the land is
subject of a pending litigation;
4. abandoned property, which 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.
183
For the purpose of socialized housing.
government-owned and foreclosed
properties shall be acquired by the LGUs or
by the NHA primarily through negotiated
purchase.
SECTION 6. Valuation of Lands for
Socialized Housing. - The valuation of
Identified Socialized Housing sites shall be
governed by the guidelines issued by the
Department of Finance on the same.
A Committee on Arbitration on Land
Valuation shall be created to be composed
of:
a. the Executive Director of the Bureau of
Local Government Finance/DOF or
his duly authorized representative as
Chairman;
and as members:
b. the Chairman of the Technical
Committee on Real Property
Valuation of the Bureau of Internal
Revenue or his duly authorized
representative;
c. a private sector representative who is
duly accredited by the BIR.
The aforementioned committee shall be
tasked to resolve issues/conflicts that may
arise between affected landowners and
beneficiaries on valuation. If however, upon
arbitration, an agreement still has not been
reached, the case shall be elevated to the
Secretary of Justice.
SECTION 7. Utilization and Disposition of
Lands for Socialized Housing. - The
following rules and regulations shall govern
the utilization and disposition of lands for
socialized housing;
1. Lands shall be disposed only to qualified
Program Beneficiaries as may be
determined pursuant to Section 16
(Eligibility Criteria for Socialized Housing
Program Beneficiaries) of the Act:
(a) must be a Filipino citizen;
(b) must be an underprivileged and
homeless citizen, as defined in
Section 3 of the Act;
(c) must not own any real property
whether in the urban or rural areas;
and
(d) must not be a professional squatter or
member of squatting syndicates.
Such other eligibility criteria as may be
assigned by implementing agencies.
2. Qualified beneficiaries who are actual
occupants of the land shall be given the
right of first refusal.
3. No land for socialized housing, including
improvements thereon, shall be sold,
alienated, conveyed, encumbered or
leased by any beneficiary of this
Program except to qualified Program
Beneficiaries.
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 RA 7279 for a period
of ten (10) years from the date of
violation. Likewise, the beneficiary shall
abide by the regulations of the respective
Housing Program under which, the
purpose of the Act is being implemented.
The abovecited restrictions on the
disposition of lots and housing units for
socialized housing shall not apply to
those lots and housing units awarded by
NHA and other entities before the
effectivity of RA 7279.
4. For national government-owned lands
developed for socialized housing, the
NHA, as a consequence of incentives
granted to it under Section 13, Article V
of the Act, shall limit its transfer prices of
the lots and housing units therein at
their acquisition and development cost,
to include carrying costs.
5. For socialized housing purposes, the
following alternative schemes for
disposition of identified socialized
housing lots may be adopted to guide
the NHA, DENR and the LGUs:
a. transfer of ownership in fee simple;
b. extended lease;
c. public rental housing
However, the abovementioned schemes shall in no way limit the NHA and LGUs in the
formulation and adoption of such other schemes deemed most expedient in carrying out
the purpose of the Act.
SECTION 8. Amendment Clause. - The Housing and Urban Development Coordinating
Council (HUDCC) may issue additional/amendatory guidelines to supplement its
Implementing Guidelines.
SECTION 9. Separability Clause. - The provision of this implementing Guidelines are hereby
declared separable, and in the event that any such provisions are declared null and void, the
validity of all other provisions shall not be affected thereby.
SECTION 10. Effectlvity. - This Implementing Guidelines shall take effect immediately upon
approval.
APPROVED this 20th day of May, 1993, Makatl. Metro Manila, Philippines.
(Sgd). DIONISIO C. DE LA SERNA
Chairman Housing and Urban
Development Coordinating Council
IMPLEMENTING RULES AND REGULATIONS TO GOVERN
SECTION 18 OF REPUBLIC ACT NO. 7279 OTHERWISE KNOWN
AS THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992
Pursuant to Article III Section 6 and Article V,
Section 18. Balanced Housing Development of RA
7279. the following Rules and Regulations are
hereby promulgated by the Board.
SECTION 1. Definition of Terms. For the
purpose of these Rules and Regulations, the terms
or words used herein shall, unless the context
indicates otherwise, mean or be understood as
follows:
(a) "Board" shall refer to the Housing and Land Use
Regulatory Board
(b) "Condominium Project" as defined under PD957
(c) "Condominium" as defined under PD 4726
(d) "Developer" as defined under PD 957
(e) "Project Area" shall mean:
e.1 for subdivision projects without housing
component, the gross developed land area
e.2 for subdivision projects with housing
component:
e.2.1 gross developed land area
and
e.2.2 aggregate floor area of all
housing units
e.3 for condominium projects, the gross floor area
of residential units.
(f) "Project Cost" refers to cost of the project based
on the following;
f.1 current market value of the raw land plus
estimated land development cost plus
estimated housing project cost or
f.2 HIGC preliminary appraisal for projects
requiring HIGC guarantee or HIGC appraisal
(g) "Socialized Housing". In addition to the
definition in the Housing Act (RA 7279), it shall
refer to projects intended for the
underprivileged and homeless wherein the
housing package selling price is within the
lowest interest rate under the Unified Home
Lending Program (UHLP) or any equivalent
housing program of the Government, the
private sector or non-government
organizations.
(h) "Subdivision Project" as defined in PD 957
(i) "Main Subdivision Project" shall refer to the
proposed residential subdivision or residential
condominium project which shall be the basis
for computing the 20% requirement for
socialized housing.
(j) "New Settlement" shall mean any new, largescale
development, consisting of one or
several subdivision projects planned to provide
housing, work places and related facilities
within a more or less self-contained
environment.
SECTION 2. Scope of Application. These Rules
and Regulations shall apply to residential
subdivision and residential condominium
projects and/or proposed expansion of existing
residential subdivisions and residential
condominiums filed after the date of effectivity of
these implementing rules and regulations.
Proposed main residential subdivision/
condominium projects with a density of one
hundred (100) units per hectare are deemed to
have optimized the use and productivity of land
and urban resources and shall be considered as
having fully complied with the 20% requirement
for socialized housing.
Proposed main subdivision projects falling under
the category of socialized housing as herein
defined shall be considered as having fully
complied with the requirements of Sec. 18 and
are thus exempted for socialized housing.
Residential Subdivision and Residential
Condominium Projects with four (4) units or
less shall be exempted form the twenty
percent (20%) requirement for socialized
housing.
SECTION 3. Mode of Compliance.
(a) For main subdivision projects which are
limited to the sale of lots only;
(1) Land equivalent to twenty percent
(20%) of the total area of the main
subdivision project shall be
developed for socialized housing; or
(2) a socialized housing project
equivalent to twenty percent (20%) of
the main subdivision total project cost
(b) For main subdivision projects which
consist of the sale of house and lot
packages:
(1) Land equivalent to twenty percent
(20%) of the total area of the main
subdivision project shall be
developed and housing units
equivalent to twenty percent (20%) of
the aggregate floor area of all housing
units of the main subdivision project
shall be constructed; or
(2) A socialized housing project
equivalent to twenty percent (20%) of
the main subdivision total project cost
The Board shall formulate a
conversion ratio to translate housing
area to land area or vice versa using
as basis the cost of producing one
square meter of floor area against the
cost of developing one square meter
of raw land.
(c) For residential condominium project
equivalent to 20% of the total
condominium project cost.
(d) The socialized housing project equivalent
to twenty percent (20%) of total
subdivision project cost may also be
complied with in any of the following
manner feasible in the municipality or city:
(1) New Settlement. Development of an
entire new settlement or a portion thereof
as certified by the appropriate national
agency or by the local government unit
concerned.
(2) Slum Upgrading (APDs, ZIPs, SIRs).
Development, upgrading and
improvement of a slum or blighted area
to be certified by the National Housing
Authority or the local government unit
concerned.
(3) Community Mortgage Program (CMP).
The developer shall finance the
acquisition, development and subdivision
of an identified CMP project duly
accredited by NHMFC.
(4) Joint-Venture Projects. The Developer
may enter into a joint project or
agreement with the concerned local
government unit or any of the housing
agencies to develop a socialized housing
project. His participation shall be
equivalent to 20% of project area or 20%
of the cost of the main subdivision
project.
The developer shall abide by the
implementing guidelines on joint-venture
programs of the local government units
concerned or any of the housing agencies
who shall in turn certify the developer's
compliance to the 20% requirement.
(e) Developers in metropolitan areas may
undertake a large socialized housing project
in advance in order to build up a credit
balance against which future main
subdivision projects can draw their 20%
requirements.
SECTION 4. Project Location and Zoning
Compliance. Location of projects for socialized
housing shall be within the zones designated in
the land use plan or In the zoning map.
In the absence of a land use plan/zoning
ordinance, the concerned local government unit
in coordination with the Board shall grant
locational clearance for socialized housing
projects in accordance with existing rules and
regulations.
Where a contiguous area equivalent to the
required twenty percent (20%) is not
available, development of separate sites
within the same city or municipality, whenever
feasible, may be allowed provided that the
aggregate total sums up to at least twenty
percent (20%) of the main subdivision
project's total area.
The socialized housing project may be
allowed in any adjacent city or municipality
provided the developer shall comply with BP
220 requirements.
In metropolitan areas, location of socialized
housing projects may be allowed within the
provinces contiguous to the physical
configuration of the metropolitan area.
SECTION 5. Development Standards.
Design and development standards for
socialized housing projects shall be in
accordance with BP 220 rules and
regulations.
SECTION 6. Permits and Licenses.
(a) Development Permit. The developer shall
secure simultaneously development
permits for the main project and the
socialized housing project except when
the socialized housing project is
developed in advance. Provided that
during the first year of implementation of
these rules, application for the socialized
housing project may be filled within one
(1) year from the date of effectivity of
these rules. Thereafter, applications for
both projects shall be filed simutaneously.
Procedures for the issuance of
development permits shall be in
accordance with the rules and regulations
implementing the Subdivision and Condominium
Buyers Protective Decree (PD
957) and Batas Pambansa Big. 220 (BP
220).
(b) Registration and License to Sell. The
developer shall likewise register and
secure simultaneously from the Board
License to Sell for each project in
accordance with the rules and regulations
implementing PD 957 and BP 220 except
when the socialized housing project has
been developed in advance.
(c) In the foregoing application, the Board
shall require that the main subdivision
project and socialized housing project
shall bear the name of the same project
developer in case the developer directly
undertakes the same. The socialized housing
project may bear the name of the subsidiary or
another developer to whom the main subdivision
project developer passes on the development of
the socialized housing project provided that the
liability remains with the main subdivision project
developer.
Provided further, that at the time of the
application for development of the socialized
housing project a joint venture agreement with a
subsidiary or another developer shall be
submitted stating that the said socialized
housing project shall be credited to a future
housing project. The Board shall issue a
certificate of credit for the main subdivision
project upon completion of the equivalent
socialized housing project.
(d) Performance Bond. On top of the regular bond
for the main project, the Board shall require a
bond sufficient to guarantee completion of the
socialized housing project. Such bond may be
required at the time of application for the license
to sell of the main project.
SECTION 7. Time of Completion.
Socialized housing projects shall be completed
within one (1) year from the date of issuance of the
license to sell for the subdivision or condominium
project or as approved by the Board and in
accordance with the rules and regulations
implementing PD 957 and BP 220.
SECTION 8. Incentives. Developers of socialized
housing shall immediately qualify for the incentives
cited in Sec. 20 of RA 7279.
SECTION 9. Authority for the issuance of
Supplemental Directive Memoranda. The
Chief Executive Officer of the Board shall Issue
supplemental directive or memoranda implementing
or interpreting these rules and regulations without
prejudice of the provision of Section 24 of RA 7279.
SECTION 10. Penalty Clause. Any violation of the
provisions of these rules shall be penalized in
accordance with Sec. 45 of RA 7279 and the
charter of this Board.
SECTION 11. Separability Clause. The provisions of these rules are hereby declared
separable, and in the event of any such provisions are declared null and void, the validity
of all other provisions shall not be affected thereby.
SECTION 12. Effectivity. These rules shall take effect immediately after its publication in
at least two (2) national newspapers of general circulation.
APPROVED this 08th day of June 1992, Quezon City.
(Sgd.) TEODORO K. KATIGBAK
Chairman, HUDCC
Attested By:
(Sgd.) FRANCISCO L. DAGNALAN
Board Secretary
(Sgd.) LEONORA V. DE JESUS
Undersecretary, DILG Ex-
Offlcio Commissioner
(Sgd.) BIENVENIDO E.MERELOS
Asst. Secretary for Legal Service,
DPWH Ex-Officio Commissioner
(Sgd.) HARRY S. PASIMIO
Asst. Director-General. NEDA
Ex-Officio Commissioner
(Sgd.) VICTORIA A. PAREDES State
Prosecutor III, DOJ
Government Representative
(Sgd.) ERNESTO C. MENDIOLA
Commissioner and Chief
Executive Officer
(Sgd.) AMADO B. DELORIA
Commissioner
(Sgd.) ROMULO Q. FABUL
Commissioner
(Sgd.) LUIS T. TUNGPALAN
Commissioner
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