Hudcc (H U D C C) : Ousing and Rban Evelopment Oordinating Ouncil
Hudcc (H U D C C) : Ousing and Rban Evelopment Oordinating Ouncil
Hudcc (H U D C C) : Ousing and Rban Evelopment Oordinating Ouncil
Mandates Vision
1. PLANNING : (EO 648; EO 72; RA 7279) An institution of professionals exemplifying
Formulate guidelines for Comprehensive public service with responsibility, integrity,
Land Use Plans (CLUPs) competence and justice geared towards the
Render technical assistance to LGU’s in CLUP attainment of well-planned and sustainable
preparation and to members of Provincial communities through the regulation of land use,
Land Use Committee (PLUC) and Regional housing development and homeowners
Land Use Committee (RLUC) in CLUP Review. associations, and the just resolution of disputes.
Review and ratify CLUPs of highly urbanized
cities (HUCs) and independent component Mission
cities (ICCs) and review CLUPs of Metro To promulgate and enforce policies on land
Manila use, housing and homeowners associations which
Update and revise the National Urban promote inclusive growth and economic
Development and Housing Framework under advancement, social justice and environmental
the direction of HUDCC protection for the equitable distribution and
Train LGUs in subdivision plan approval and enjoyment of development benefits.
zoning enforcement
2. REGULATION: (EO 648; EO 90; EO 71; EO 72; PD 957, Quality Policy
1216, 1344; BP 220; RA 7899; RA 9904; RA8763 The HLURB, as the lead agency in the
(Sec.26)); provision of technical assistance to local
Register and license subdivision and government units in the preparation of
condominium projects, farm lots, memorial comprehensive land use plans; regulation of
parks and columbaria. housing, land development and homeowners
Monitor development and construction of association; and adjudications of disputes related
registered/licensed projects. thereto, is committed to deliver its services with
Update and revise rules, guidelines and competence and integrity in order to satisfy its
standards on housing and real estate. stakeholder.
Approve Master Deed and Declaration of
Restrictions of condominium project, and PAG-IBIG FUND (PAGTUTULUNGAN SA KINABUKASAN:IKAW,
any amendment or revocation thereof BANGKO, INDUSTRIYA AT GOBYERNO) - To provide its
decided upon by a simple majority of all members with adequate housing through an
registered owners (concurrently with City or effective savings scheme, Pag-IBIG Fund harnesses
Municipal Engineer). these four sectors of Philippine society: financial
Issue Locational Clearances for projects institutions, the industrial sector, the government,
considered to be of vital and National or and the Filipino people. The Fund was created to
Regional Economic or Environmental address two of the nations basic concerns: (a) the
significance. generation of savings and (b) providing shelter for
Register and supervise HOAs. Filipino workers.
Register real estate brokers, dealers and salesmen
engaged in selling projects under HLURB jurisdiction. Vision
3. ADJUDICATION: (EO 648; RA 9904, 8763 (Sec. 26)) For every Filipino worker to save with Pag-IBIG
Disputes between subdivision lot or Fund and to have decent shelter.
condominium unit buyer and developer. Mission
Intra- and Inter-Homeowners associations To generate more savings from more Filipino
disputes. workers, to administer a sustainable fund with
Appeals from decisions of local zoning integrity, sound financial principles, and with social
bodies. responsibility, and to provide accessible funds for
housing of every member.
HLURB in Retrospect Corporate Values
The Housing and Land Use Regulatory Board The governing values that will steer the Pag-
(HLURB) is a national government agency tasked as IBIG Fund in pursuit of its Vision include
the planning, regulatory and quasi-judicial body for Professionalism, Integrity, Excellence, and Service.
land use development and real estate and housing
regulation. These roles are done via a triad of
HDMF (HOME DEVELOPMENT MUTUAL FUND), popularly Presidential Decree No. 957 (Subdivision and
known as Pag-IBIG Fund (Pagtutulungan sa Condominium Buyer’s Protective Decree)
Kinabukasan: Ikaw, Bangko, Industriya at As Amended by PD 1216 - Regulating the sale of
Gobyerno), was created by virtue of Presidential subdivision lots and condominiums, providing
Decree No. 1530 on June 11, 1978. penalties for violations thereof.
The Birth of Home Development Mutual Fund Republic Act No. 4726 (The Condominium Act)
The birth of the Home Development Mutual ”An act to define condominium, establish
Fund (HDMF), more popularly known as the Pag-IBIG requirements for its creation, and govern its
Fund, was an answer to the need for a national incidents.
savings program and an affordable shelter financing
for the Filipino worker. The Fund was established on Republic Act No. 6552 (Realty Installment
11 June 1978 by virtue of Presidential Decree No. Buyer Protection Act)
1530 primarily to address these two basic yet equally “An act to provide protection to buyer of real estate
important needs. Under the said law, there were two of installment payments”
agencies that administered the Fund. The Social
Security System handled the funds of private Republic Act No. 9653 (Rent Control Act of 2009)
employees, while the Government Service Insurance “An act establishing reforms in the regulation of rent
System handled the savings of government workers. of certain residential units, providing the mechanisms
Less than a year after on 1 March 1979, therefore and for other purposes.”
Executive Order No. 527 was signed. The order
directed transferring the administration of the Fund Presidential Decree No. 1517 (Urban Land Reform
to the National Home Mortgage Finance Act)
Corporation, which was one of the operating “Proclaiming urban land reform in the Philippines
agencies of the then Ministry of Human Settlements. and providing for the implementing machinery
Seeing the need to further strengthen the stability thereof
and viability of the two funds, Executive Order No.
538 was issued on 4 June 1979, merging the funds for
private and government personnel into what is now R.A. 10884 - Balanced Housing Program
known as the Pag-IBIG Fund. However, It was only on An act strengthening the Balanced Housing
14 December 1980 when Pag-IBIG was made Development Program, amending for the Purpose
independent from the NHMFC with the signing of PD Republic Act No. 7279, entitled “An Act to Provide
1752, which amended PD 1530. With the improved for a Comprehensive and Continuing Urban
law in effect, the Fund's rule-making power was Development and Housing Program, establish the
vested in its own Board of Trustees. Likewise, PD 1752 mechanism for its implementation, and for other
made Pag-IBIG membership mandatory for all SSS purposes”
and GSIS member-employee. Objectives:
To maximize the implementation of socialized
Laws and Regulations Pertaining to Housing housing projects by making the purpose and
parameters of the balanced housing requirement
Republic Act No. 7279 (Urban Development and provided by RA 7279.
Housing Act of 1992) Enactment of the law would help accelerate the
“An act to provide for a comprehensive and provision of affordable decent housing for the ISFs,
continuing urban development and housing the underprivileged and the homeless Filipinos
program, establish the mechanism for its Amendments of R.A.10884 to Sec.18 of P.D. 7279
implementation, and for other purposes.” Requiring owners and/or developers of proposed
subdivision and condominium projects to develop
Batas Pambansa Blg. 220 an area for socialized housing.
“An Act authorizing the ministry of human Requiring that the area for socialized housing
settlements to establish and promulgate different should be equivalent to:
levels of standards and technical requirements for a. At least fifteen percent (15%) of the total
economic and socialized housing projects in urban subdivision area or subdivision project cost
and rural areas from those provided under b. At least five percent (5%) of condominium area
presidential decrees numbered nine hundred fifty- or project cost
seven, twelve hundred sixteen, ten hundred ninety- Exempting owners and/or developers of proposed
six and eleven hundred eighty-five” socialized subdivision and condominium projects
from the said requirement.
Complying with the balanced housing In the execution of eviction or demolition orders
requirement in the following manner: involving underprivileged and homeless citizens, the
a. Development of socialized housing in a new following shall be mandatory:
settlement (1) Notice upon the effected persons or entities at
b. Joint-venture projects for socialized housing least thirty (30) days prior to the date of eviction or
with the government, housing agencies, or demolition;
another private developer or accredited NGO (2) Adequate consultations on the matter of
by the HLURB settlement with the duly designated representatives
c. Participation in a new project under the of the families to be resettled and the affected
community mortgage program. communities in the areas where they are to be
d. Indicating that no other form of compliance relocated;
other than those listed may be prescribed (3) Presence of local government officials or their
except through the enactment of a representatives during eviction or demolition;
subsequent law (4) Proper identification of all persons taking part in
Mandating the HLURB to submit to Congress an the demolition;
Annual Compliance Report by the Owners and/or (5) Execution of eviction or demolition only during
Developer regular office hours from Mondays to Fridays and
Penalties during good weather, unless the affected families
FIRST OFFENSE: Imposed a fine of not less than five consent otherwise;
hundred thousand pesos (P500,000.00) (6) No use of heavy equipment for demolition
SECOND OFFENSE: Suspension of license to do except for structures that are permanent and of
business for a period of three (3) to six (6) months concrete materials;
and a fine of not less than five hundred thousand (7) Proper uniforms for members of the Philippine
pesos (P500,000.00) National Police who shall occupy the first line of law
THIRD OFFENSE: Cancellation of license to do enforcement and observe proper disturbance
business for the third offense. control procedures; and
(8) Adequate relocation, whether temporary or
Moratorium on Eviction and Demolition permanent: Provided, however, That in cases of
R.A. 7279 “Urban Development Housing Act of 1992” eviction and demolition pursuant to a court order
Demolition: Refers to the dismantling by the LGU, or involving underprivileged and homeless citizens,
any legally authorized agency of government of all relocation shall be undertaken by the local
structures within the premises subject for clearing. government unit concerned and the National
Eviction: Refers to the removal of persons and their Housing Authority with the assistance of other
belongings from a subject building/structure or area, government agencies within forty-five (45) days from
or both. in accordance with law. service of notice of final judgment by the court, after
Sec. 44. Moratorium on Eviction and Demolition. which period the said order shall be executed:
There shall be a moratorium on the eviction Provided, further, That should relocation not be
of all program beneficiaries and on the demolition of possible within the said period, financial assistance in
their houses or dwelling units for a period of three (3) the amount equivalent to the prevailing minimum
years from the effectivity of this Act: Provided, That daily wage multiplied by sixty (60) days shall be
the moratorium shall not apply to those persons who extended to the affected families by the local
have constructed their structures after the effectivity government unit concerned.
of this Act and for cases enumerated in Section 28 This Department of the Interior and Local
hereof Government and the Housing and Urban
Sec. 28. Eviction and Demolition. - Eviction or Development Coordinating Council shall jointly
demolition as a practice shall be discouraged. promulgate the necessary rules and regulations to
Eviction or demolition, however, may be allowed carry out the above provision
under the following situations:
(a) When persons or entities occupy danger P.D. 772 – Anti - Squatting Law
areas such as esteros, railroad tracks, garbage The P.D. No. 772 is ordered by President
dumps, riverbanks, shorelines, waterways, and other Ferdinand E. Marcos on August 20, 1975, In order to
public places such as sidewalks, roads, parks, and eradicate all illegal constructions including buildings
playgrounds; on and along esteros and river banks in urban
(b) When government infrastructure projects communities in the country.
with available funding are about to be Section 1. Any person who, with the use of force,
implemented; or intimidation or threat, or taking advantage of the
(c) When there is a court order for eviction absence or tolerance of the landowner, succeeds in
and demolition. occupying or possessing the property of the latter
against his will for residential commercial or any • For purposes of this Act, professional squatters or
other purposes, shall be punished by an members of squatting syndicates shall be imposed
imprisonment ranging from six months to one year or the penalty of six (6) years imprisonment of a fine
a fine of not less than one thousand nor more than of not less than Sixty thousand pesos (P60,000.00)
five thousand pesos at the discretion of the court, but not more than One hundred thousand pesos
with subsidiary imprisonment in case of insolvency. (P100,000), or both, at the discretion of the court
If the offender is a corporation or
association, the maximum penalty of five years and The 1997 Rules of Civil Procedure Rule 70: Forcible
the fine of five thousand pesos shall be imposed Entry and Unlawful Detainer
upon the president, director, manager or managing Unlawful Detainer Forcible Entry
partners thereof. Possession is lawful from Possession is unlawful
Section 2. This decree shall take effect immediately.
the beginning from the beginning
Possession becomes
REPEALMENT OF PD NO. 772
unlawful from the Possession is deprived
REPUBLIC ACT NO. 8368
expiration of contract or from the lawful
• "Anti-Squatting Law Repeal Act of 1997." a right to hold possessor thru FISTS
• An act repealing Presidential Decree No. 772, possession
entitled “Penalizing Squatting and other Similar
Allegation and proving
Acts”
prior physical possession
EFFECTS OF R.A 8368 ON RELATED SUBJECTS: Prior physical possession
of the real property until
• SEC. 3. Effect on pending cases. — All pending need not be proven
he was deprived
cases under the provisions of Presidential Decree
thereof
No. 772 shall be dismissed upon the effectivity of
Section 1: Who, when and where to institute action
this Act.
- any person who:
• SEC. 4. Effect on Republic Act No. 7279. — Nothing
Deprived of possession of any land or building by
herein shall be construed to nullify, eliminate or
FISTS
diminish in any way Section 27 of Republic Act No.
Lessor, vendee or other person against whom
7279 or any of its provisions relative to sanctions
possession of land is unlawfully withheld upon the
against professional squatters and squatting
expiration of any contract or the expiration of
syndicates.
any right to hold possession (unlawful detainer)
"Professional squatters" refers to individuals or groups
- must be instituted:
who occupy lands without the express consent of
Within 1 year from date of dispossession
the landowner and who have sufficient income for
In cases of fraud, strategy and stealth, 1 year
legitimate housing. The term shall also apply to
reckoned from the date of discovery of such
persons who have previously been awarded
- action should be filed in:
homelots or housing units by the Government but
Municipal Trial Court where the real property is
who sold, leased or transferred the same to settle
situated.
illegally in the same place or in another urban area,
Section 2: Necessity of demand
and non-bona fide occupants and intruders of lands
- the action may only be commenced after demand
reserved for socialized housing. The term shall not
to pay & vacate the premises is made upon the
apply to individuals or groups who simply rent land
lessee, or upon any person found to be in possession
and housing from professional squatters or squatting
of the premises in dispute
syndicates;
- service of demand:
"Squatting syndicates" refers to groups of persons
Written notice upon the person found in the
engaged in the business of squatter housing for
premises
profit or gain;
person By posting the notice on the premises if no
is found
Sec. 27. Action Against Professional Squatters and
- significance of demand:
Squatting Syndicates.
Prescriptive period of 1 year may only be
Penalties of Sec. 27 of R.A 7279
reckoned from the date that demand is made
• Any person or group identified as such shall be
- multiple demands:
summarily evicted and their dwellings or structures
The one-year period for filing of the complaint is
demolished, and shall be disqualified to avail of
reckoned from the date of the last deman
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.