Housing and Urban Development Coordinating Council
Outline of Presentation Local Special Bodies Local Housing Board and/or Office Local Housing Projects & Financing Local School Boards Local Health Boards Local Development Councils Local Peace and Order Councils Peoples Law Enforcement Boards A Local Housing Board (LHB) is a local special body devoted to addressing local housing concerns through the formulation and development of a comprehensive and integrated housing and urban development program of the Local Government Unit (LGU). The Board may be created by an Ordinance duly enacted by the Sanggunian concerned. It may also be created by the Local Chief Executive (LCE) through an Administrative Order. However, the first option is preferred owing to its more permanent character and funding provision.
Is there an existing presidential directive for the creation of LHBs? Yes. In 2002, the President issued Memorandum Order No. 74 directing the LGUs to create their respective housing boards, or their equivalent, within thirty (30) days from the effectivity of this Order. Are the LHBs also mandated, among others, to perform the function of a clearing house for eviction and demolition? Yes. Pursuant to Executive Order No. 708, Series of 2008, the LGUs, through their respective LHBs or any similar body duly created by ordinance, shall assume the function of clearing house for the conduct of demolition and eviction activities involving the homeless and underprivileged citizens in their respective territorial jurisdictions. Has the Department of the Interior and Local Government (DILG) issued the necessary guidelines to implement the provisions of EO 708? Yes. On Sept. 19, 2008, the DILG issued Memorandum Circular No. 2008-143 setting forth the guidelines for the creation of LHBs as well as the devolution of the clearing house function from the Presidential Commission for the Urban Poor (PCUP) to the LGUs. LHB as Clearinghouse for Demolition Under MC 2008-143, the LHB shall perform the following functions: Monitor all evictions and demolitions, whether voluntary, extra-judicial, summary or court- ordered; Require proponents to first secure the Checklist, Guidelines and Eviction and Demolition Compliance Certificate prior to actual implementation; Issue Certificates of Compliance (CoCs) on proposed eviction and demolition activities; and Require the LGU to cause the creation of the LHB through an appropriate ordinance as a pre-requisite before the LGU can assume its clearinghouse function. For an existing LHB, an amendment of the ordinance creating the same shall be enacted to conform with the guidelines without altering its original composition.
In the meantime that there is no LHB yet created by the LGU, which body is authorized to issue CoCs on proposed eviction and demolition activities? Pursuant to the provisions of DILG MC 2009-05 issued on Jan. 20, 2009 which amended MC 2008- 143, the Local Inter-Agency Committee (LIAC), if existing, is authorized to issue the CoC in the absence of or pending the creation of the LHB, subject to the issuance by the LIAC of a resolution attesting to the substantial and sufficient compliance of the Project (with eviction and demolition components) with Secs. 28 and 30 of UDHA (RA 7279) and its IRR.
In the absence of a Local Housing Board, the Local Inter-Agency Committee (LIAC) is authorized to issue the Certificate of Compliance DILG Memorandum Circular No. 2009-05 amending DILG Memorandum Circular No. 2008-143 What other functions may the LHB be ordained by the LGU to exercise aside from the above clearing house functions? The LHB may be made to perform any or all of the following suggested functions: Policy-making. Prepare local shelter plans (LSPs) which shall form part of, and be consistent with, their respective corresponding local development plans (LDP); and Act as the policy-making body on local housing and urban development concerns. Technical Assistance. Assist the provincial, city or municipal development councils in the formulation of their respective Comprehensive Land Use Plans (CLUPs) and Local Shelter Plans (LSPs). Regulatory. Approve preliminary and final subdivision schemes and development plans of subdivisions in accordance with the Subdivision and Condominium Buyers Protective Decree (PD 957) and Batas Pambansa 220 and its implementing rules and regulations (IRR). Ministerial. Conduct inventory of all lands within their respective localities, identify sites for socialized housing; and register UDHA beneficiaries (Secs. 7, 8 and 17 of UDHA).
Monitoring. Monitor the nature and progress of land development projects it has approved and ensure compliance by subdivision developers with the Balanced Housing requirement under UDHA (RA 7279). Advisory/Recommendatory. Advise the sanggunian on matters of local taxation which may affect the local governments socialized housing program. Recommend schemes for the acquisition and disposition of lands within their localities for socialized housing purposes. Recommend partnership arrangements with the national government and the private sector on housing for the underprivileged and homeless. Advise their LCEs on matters of sourcing of funds for socialized housing.
Representation. Delegate at least one (1) LHB representative to their respective local development councils. Reportorial. Submit to the President, Congress, HUDCC and DILG an annual report on its implementation of the provisions of UDHA (RA 7279). Coordination. Coordinate with national government agencies (key housing agencies) and instrumentalities performing functions relating to housing and urban development. MANDATES OF HUDCC AND THE KEY HOUSING AGENCIES HOUSING & URBAN DEVELOPMENT COORDINATING COUNCIL Office of the President Created by virtue of Executive Order No. 90 (S. 1986) Policy making and coordinating body for housing
NATIONAL HOUSING AUTHORITY
Housing production arm
HOME DEVELOPMENT MUTUAL FUND Funder/lender for housing projects intended for their members
SOCIAL HOUSING FINANCE CORP. Funder/lender for housing/secure tenure projects for organized informal settlers/community associations
NATIONAL HOME MORTGAGE FINANCE CORP. (Securitization)
Fund mobilizer
HOUSING AND LAND USE REGULATORY BOARD Regulatory body for housing industry
HOME GUARANTY CORP.
(Guaranty)
Fund mobilizers
NATIONAL HOUSING AUTHORITY HOUSING AND LAND USE REGULATORY BOARD HOME GUARANTY CORPORATION SOCIAL HOUSING FINANCE CORP. NATIONAL HOME MORTGAGE FINANCE CORP. Provincial, City or Municipal Planning & Development Coordinator; Social Welfare & Development Officer; Urban Poor Affairs Officer Treasurer; Assessor; Chief of Police; Sanggunian Chair of the Housing Committee or equivalent. DILG Provincial or City Director, or MLGOO PGEnRO, CGEnRO or MEnRO; The LHB may be composed of the Governor or Mayor as Chairman, and the following as members: Representatives from any of the Key Housing Agencies: HUDCC, NHA, HLURB, HDMF, SHFC; Other government agencies such as the PCUP, CHR, DENR, etc.; Representatives from the Peoples Organizations (POs); Representatives from the Non-Governmental Organizations (NGOs), Developers, Federation of Homeowners Associations (HOAs) and Community or Neighborhood Associations. Representatives from POs operating in the province, city or municipality concerned may constitute not less than one-fourth (1/4) of the members of the fully-organized Board: Provided, that a PO already represented in any local special body may concurrently be represented in the LHB. Representatives from NGOs operating in the province, city or municipality concerned may constitute not less than one-fourth (1/4) of the members of the fully-organized Board: Provided, that an NGO already represented in any local special body may concurrently be represented in the LHB. The Peoples Organizations (POs) and Non-Governmental Organizations (NGOs) duly accredited by the LGU shall be represented in the LHB: The two-quarters representation of POs and NGOs in LHBs was inspired by the substantial representation given to representatives of affected sectors in local school boards (50%) and the local development councils (at least 25%) by Secs. 98 and 107 of the LGC. Sec. 107 of the LGC gave the NGOs at least one-fourth (1/4) representation in LDCs. What may be the basis for the minimum representation of POs and NGOs in the LHB? The Ordinance creating the LHB may provide for additional one-fourth (1/4) representation for Peoples Organizations (POs) as well. The most functional models of LHBs at present establishes at least fifty percent (50%) representation from POs and NGOs. What may be the basis for the minimum representation of POs and NGOs in the LHB? What is a Local Housing Office?
A Local Housing Office (LHO) is an organic unit within the LGU established for the purpose of implementing the policies, plans and programs adopted by the LHB. It shall also serve as the full-time secretariat of the LHB. Who shall head the LHO?
The LHO shall be headed by a General Manager or a Department Head duly appointed or designated by the Governor or Mayor, as the case may be, and who shall serve on a full-time basis. ADMINISTRATIVE
Documentation Collection Records Management TECHNICAL SERVICES Plan Preparation Physical Surveys Land/Title Research Documentation for permits Project Management Conduct of eviction and demolition COMMUNITY AFFAIRS
Social Preparation Census and Tagging Trainings Accreditation of Community Associations What divisions may comprise the LHO?
The LHO may be composed of the following divisions: Administrative, Technical Services and Community Affairs. What specific functions may the LHO perform?
The LHO may be made to perform any or all of the following suggested functions:
Serve as the Secretariat of the LHB; Act as One-Stop Shop Processing Center for Housing Permits; Act as the Clearinghouse for eviction and demolition;
Facilitate prequalification and selection of beneficiaries in the disposition of proclaimed government properties; Identify lands suitable for housing development; Adopt containment measures to prevent new illegal entrants and dwelling structures in government lands and danger areas; Execute the Local Shelter Plan (LSP);
Ensure the implementation of the provisions of RA 7279 (UDHA) and related laws and ordinances; and Perform such other functions as may be assigned or delegated to it by the LHB and the LCE from time to time.
Traditional housing finance HDMF (for GHLP and EHFP) SHFC (for CMP and LCMP) NHA (RAPLGU and TA) HLURB (TA on CLUP) DBP, LBP, GSIS or SSS
Legislated fund sources Balanced Housing Sec. 18 of UDHA Socialized Housing Tax Sec. 43 of UDHA CISFA RA 7835 Calamity Funds for Relocation Sites
The LGU may appropriate [at least one percent (1%)]* of its Internal Revenue Allotment (IRA) for the year for the operations and activities of the LHB and LHO.
*Recommended only. The LGU may appropriate more funds as it deems necessary & as its budget would allow. Section 43 of RA 7279 Sec. 43. 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 ((0.5%) tax on the assessed value of all lands in urban areas in excess of Fifty thousand pesos (P50,000.00). DOF Local Finance Circ. 1-97 dated April 10, 1997 Guidelines for the implementation of Sections 7, 20, and 43 of RA 7279 (UDHA) and to supplement Local Finance Circular No. 3-92 dated September 11, 1992. Sec. 18. Balanced Housing Development - The Program shall include a system to be specified in the Framework plan whereby developers of proposed subdivision projects shall be required to develop an area for socialized housing equivalent to at least twenty percent (20%) of the total subdivision area or total subdivision project cost, at the option of the developer, within the same city or municipality, whenever feasible, and in accordance with the standards set by the Housing and Land Use Regulatory Board and other existing laws. The balanced housing development as herein required may also be complied with by the developers concerned in any of the following manner: Development of new settlement; Slum upgrading or renewal of Areas for Priority Development (APDs) either through Zonal Improvement Programs (ZIPs) or Slum Improvement and Resettlement Programs (SIRPs); Joint Venture (JV) projects with either the Local Government Units or any of the housing agencies; or Participation in the Community Mortgage Program (CMP).
Balanced Housing: Alternative Modes of Compliance Per HLURB Memorandum Circular No. 1 issued on January 2, 2013 Compliance project may be a socialized condominium project the total area of which shall be the gross land area and the gross floor area, and its total condominium project cost shall be the cost of raw land based on its zonal value at the time of application for condominium development permit and total building construction cost. (Sec. 4). Balanced Housing: Location of Compliance Project
A compliance project shall be located in the same city or municipality as the main subdivision project, whenever feasible. Otherwise, it may be allowed elsewhere in the country, preferably within a zone designated in the CLUP and Zoning Ordinance as a socialized housing site or in a settlement area where it is allowed. (Sec. 8).
Recognizes and strengthens the capacities of LGUs and communities in mitigating and preparing for, responding to, and recovering from the impact of disasters. Recognizes the local risk patterns across the country and strengthen the capacity of LGUs for disaster risk reduction and management through decentralized powers, responsibilities and resources.
Mainstream disaster risk reduction and climate change in development processes such as x x x land-use and urban planning, and public infrastructure and resettlement, among others. [Sec. 2(g)].
The outright avoidance of adverse impacts of hazards and related disasters. It expresses the concept and intention to completely avoid potential adverse impacts through action taken in advance such as x x x, land-use regulations that do not permit any settlement in high-risk zones, x x x. [Sec. 3(k)].
Structural and non-structural measures undertaken to limit the adverse impact of natural hazards, environmental degradation, and technological hazards and to ensure the ability of at- risk communities to address vulnerabilities aimed at minimizing the impact of disasters. Such measures include, but are not limited to, x x x policies on land-use and resource management, as well as the enforcement of comprehensive land-use planning, building and safety standards, and legislation. [Sec. 3(x)].
The provincial, city and municipal DRRMOs or BDRRMCs shall x x x: Respond to and manage the adverse effects of emergencies and carry out recovery activities in the affected area, ensuring that there is an efficient mechanism for immediate delivery of food, shelter and medical supplies for women and children, x x x. [Sec. 12(c)(16)].
Not less than five percent (5%) of the estimated revenue from regular sources shall be set aside as the LDRRMF to support disaster risk management activities such as, but not limited to, pre-disaster preparedness programs including training, purchasing life-saving rescue equipment, supplies and medicines, for post-disaster activities, and for the payment of premiums on calamity insurance. [Sec. 21]. Quick Response Fund (QRF) or stand-by fund
Of the amount appropriated for LDRRMF, thirty percent (30%) shall be allocated as Quick Response Fund (QRF) or stand-by fund for relief and recovery programs in order that situation and living conditions of people in communities or areas stricken by disasters, calamities, epidemics, or complex emergencies, may be normalized as quickly as possible. Special trust fund
The unexpended LDRRMF shall accrue to a special trust fund solely for the purpose of supporting disaster risk reduction and management activities of the LDRRMCs within the next five (5) years. Any such amount still not fully utilized after five (5) years shall revert back to the general fund and will be available for other social services to be identified by the local sanggunian. Incorporate a Local Resettlement Action Plan and Program in the Local Disaster Risk Reduction Management Plan (LDRRMP). Have the LDRRMP approved by the. LDRRMC, the Local Development Committee and the Sanggunian Recommend to the Sanggunian and the LCE the appropriation and allotment of fund for specific pre-disaster preparedness programs, projects and activities such as housing and resettlement projects and land use planning.
Prepare and adopt the CLUP and LSP, identifying the disaster-prone and other danger areas which are not fit for human habitation. Identify households and existing structures in danger and disaster high- risk areas. Determine buildable and safe sites for housing and resettlement. ATTY. ALVIN T. CLARIDADES Head, Pabahay Regional Inter-Agency Composite Team (PRIACT) - Region III Director, ARG-Post-Proclamation Housing & Urban Development Coordinating Council Email: albinoski2005@yahoo.com; Office Telefax No. 811-4170 Mobile No. 0917-5792055