DIRECTING THE CANCELLATION OF AWARDS, CONTRACTS OF SALE, TITLES OF LOTS WITHIN THE AGNO-LEVERIZA TENANT ASSOCIATION SUBDIVISION AND THE RECONVEYANCE OF THE SAME TO THE GOVERNMEN…

WHEREAS, the government has adopted and implemented the
announced policy that slum improvement and resettlement, otherwise known as
upgrading of sites and services, is an accepted approach to meeting the housing
needs and the primary strategy in dealing with slums and other blighted
communities;

WHEREAS, under Proclamation No. 1967, a portion of Lot 62
and Lot 76, both of Block 573 of the Cadastral Survey of Manila which were
developed into the Agno-Leveriza Tenant Association (ALTA) Subdivision by the
City of Manila pursuant to Republic Act No. 4145, was identified as a depressed
area for priority development (APD) under the Zonal Improvement Program;

WHEREAS, Republic Act No. 4145 did not resolve the land
tenure problem in the area to the extent that non-resident awardees have to
eject bonafide residents in order to acquire physical possession of their
awarded lots, and an extensive displacement of structures of resident families
has to be undertaken to allow each awardee resident family to have physical
possession of the awarded lot;

WHEREAS, there is an urgent need to resolve the land tenure
problem in the Agno-Leveriza area to allow the implementation of the
comprehensive development plans for this depressed community as
provided under the Zonal Improvement Program;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the constitution, do hereby
order and decree:

SECTION 1. The National Housing Authority is designated
Administrator of the National Government and upon effecting the refund as
provided for in Section 3 hereof is hereby authorized and directed to
immediately take possession, control and disposition of the above-described ALTA
Subdivision and to develop it in accordance with the provisions of the national
SIR and Metro Manila ZIP Programs.

SEC. 2. The awards, conditional contracts to sell, deeds of
sale, and other contracts leading to the conveyance of lots executed by virtue
of Republic Act No. 4145 of the City of Manila are hereby cancelled and revoked,
and the corresponding Transfer Certificates of Title and those derived therefrom
and issued pursuant thereto are hereby deemed cancelled, and the ownership of
the lots covered thereby reverted back to the Government, if the awardee,
purchaser or his successor-in-interest is a non-resident and, therefore, not in
actual physical possession of the lot so awarded or sold.

SEC. 3. The National Housing Authority shall refund to all
lot awardees of the ALTA Subdivision who are still paying installments to the
City of Manila the amounts they have paid with interest thereon at twelve
percent (12%) per annum. The awardee-claimant shall present to the NHA a
certification from the City Treasurer of Manila indicating the total amount paid
by them including land taxes.

The National Housing Authority shall pay those who have fully paid their
obligations to the City of Manila under their respective contracts on or before
the issuance of this Decree or their successor-in-interest the just compensation
of their lots in accordance with PD No. 1533.

The National Housing Authority shall effect the refund or payment directly or
by depositing it with the Philippine National Bank.

The Philippine National Bank is hereby directed to accept the aforesaid
deposits in trust from the awardee/purchasers-claimants.

SEC. 4. The Register of Deeds of Manila is hereby directed
to cancel in its registry books the Transfer Certificates of Title cancelled
under Section 2 hereof and to issue in lieu thereof new titles in the name of
the Republic of the Philippines with the NHA as the Administrator without the
necessity of a court declaration.

SEC. 5. The National Housing Authority is also directed to
expropriate the vacant lots of private ownership adjoining the said ALTA
Subdivision which are covered by Transfer Certificate of Titles Nos. 70406,
31710, 132081, and 134314, all situated at Malate, Manila, having been
identified as a blighted area and included not only in the ZIP established under
Metro Manila Executive Order No. 6-77 pursuant to LOI 555, as amended by LOI
686, but also as an Area for Priority Development (APD) under Proclamation No.
1967.

SEC. 6. The National Housing Authority, as lead agency in
the implementation of ZIP, with the assistance of the Mayor of Manila and in
consultation with the Metro Manila Commission, shall evolve, prepare and
implement a comprehensive development plan which shall consider the upgrading of
existing dwelling units, the relocation of qualified squatter families to a
resettlement area nearby; and the reblocking, rearrangement and realignment of
existing dwelling and other structures to allow for the introduction of basic
facilities and services, all in accordance with the provision of the national
SIR and Metro Manila ZIP Programs. The Authority shall maximize the land use of
the area and shall provide for a controlled, orderly and structured growth of
dwellings in an environment provided with adequate sanitary and other
physical facilities. The Authority shall also adopt rules and regulations
governing the disposition and award of lots in the area consistent with the
provisions of LOI’s 555 and 557, as amended.

SEC. 7. The development of the area shall be undertaken by
the National Housing Authority and other relevant agencies according to the
funding arrangements and design standards agreed between the Government of the
Philippines and the International Bank for Reconstruction and Development as
part of the Third Urban Development Project. Funds invested in the project shall
be properly recovered according to the provisions of LOI’s 555 and 557, as
amended. Land tenure shall be consistent with that defined by LOI 555, as
amended. The selling price of the land shall be fixed at a per square meter cost
established to recover the expropriation cost and such other development costs
which are chargeable to the beneficiaries as provided by LOI 555, as
amended or such other amount as deemed appropriate in accordance with the cost
recovery arrangements agreed with the IBRD under the Third Urban Development
Loan.

The provisions of Sections 6 and 7 shall govern the development and
disposition of Lot 21-B of Block 610 also in the Agno-Leveriza area.

SEC. 8. The amount required to finance the components of the
development plan shall be appropriated from funds made available to the
Authority as part of the Third Urban Development Project. The Authority will
undertake a one (1) year development program for the project under the Zonal
Improvement Program. Funds to support the expropriation of the above property
and to refund installment payments by awardees shall similarly be made
available.

SEC. 9. The Ministry of the Budget shall make available to
the National Housing Authority all appropriations according to the provisions of
the program to be evolved and implemented by the Authority for the area.

SEC. 10. The amounts appropriated under this Decree are to
be recovered from the beneficiaries of the development project in accordance
with LOI 555, as amended. In consideration of the disposition and grant of
benefits under this decree, payment by beneficiaries shall be made religiously
and after a grace period of three (3) months, failure to pay or update dues
and/or amortizations shall cause the summary ejection by the Authority of the
violators from the lots alloted them without the need of a court order and will
not subject its duly authorized representatives to any civil or criminal
liability. Furthermore, the ejected beneficiary shall be treated as a mere
squatter on the premises with all the force of law applied upon him and with no
further right to the benefits of this Decree. This provision shall be embodied
in the agreement between the Authority and the beneficiaries.

SEC. 11. The decisions, rulings, orders or resolutions of
the Authority relative to the disposition of the lots or dwelling units or such
rights acquired hereunder, or the ejection of delinquent beneficiaries cannot be
the subject of judicial review and shall be final, unless appealed to the Office
of the President within thirty (30) days from receipt of such decisions.
Rulings, orders or resolutions if within sixty (60) days from notice of appeal
the said office has not reversed nor modified the same, shall be deemed
affirmed.

SEC. 12. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of January in the year of Our Lord,
nineteen hundred and eighty one.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JOAQUIN T. VENUS, JR.
		Deputy Presidential Executive Assistant

Vol. 25, Vital Documents, Presidential Decree 1980-1981