MEMORANDUM ORDER NO. 74, September 13, 2002

DIRECTING THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL (HUDCC) TO FORMULATE AND ADOPT CERTAIN GUIDELINES AND IMPLEMENT POST-PROCLAMATION ACTIVITIES IN THE AREAS PROCLA…

Memorandum Orders September 13, 2002



WHEREAS, one of the Administration’s priority concerns is to provide land to deserving landless and homeless Filipinos;

WHEREAS, pursuant to this priority concern, the Administration has launched a program that regularizes the tenurial status of informal settlers or occupants in certain socialized housing sites;

WHEREAS, there is a need to
orchestrate the various activities in the proclaimed sites, particularly
the complementary roles of the National Government Agencies (NGAs) and the Local Government Units (LGUs)
concerned, in order to expedite the implementation of Republic Act No.
7279, otherwise known as the Urban Development and Housing Act (UDHA),
and the National Shelter Plan;

WHEREAS, the magnitude and extent of
the program in terms of area, location, and number of families affected
require the active participation and support of the heads of the key
agencies for the implementation of projects in these proclaimed sites;

WHEREAS, it is desirable that the
Non-Governmental Organizations (NGOs), People’s Organizations (POs) and
Private Sector (PS) representatives on the proclaimed sites be given
maximum participation in the planning and development of their housing
community in order to demonstrate a new and effective alternative method
of implementing a social housing project within a proclaimed area;

WHEREAS, there is a need to ensure
that lands proclaimed by the President are disposed of to the intended
beneficiaries in the most expeditious, equitable and participatory
manner;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, do hereby and direct the following:

SECTION 1.       The
Housing and Urban Development Coordinating Council (HUDCC) shall confer
with the Local Government Unit (LGU), within fifteen (15) days from the
issuance of the Presidential Proclamation, for the purpose of
facilitating and expediting the conduct of post-proclamation activities
necessary to dispose of the proclaimed site to their actual bona fide
occupants, to the end that these informal settlers are finally granted
the titles to the lands they are occupying at the earliest possible time
and in order that these lands are developed as a viable community
through participatory planning and utilization of appropriate
development schemes.

SECTION 2.       The
HUDCC, in coordination with the concerned LGU within whose territorial
jurisdiction the proclaimed site is situated, shall primarily exercise
the following powers and functions:

1.  Formulate
and adopt the necessary rules and policy guidelines to implement the
provisions of the pertinent Presidential Proclamation and this Order,
pursuant to the policies and guidelines set forth herein.

2.  Come up
with a schematic work-flow plan that shall embody the most expeditious
manner of disposition of the land to the beneficiaries;

3.  Formulate systems and procedures as well as identify and mobilize fund resources for project implementation;

4.  Approve the master list of qualified beneficiaries, in coordination with the LGU concerned;

5.  Coordinate
the participation and inputs of the various participating offices and
agencies of the national government, as well as the NGOs, POs, and
Private Sector groups based in or operating within the proclaimed area;

6.  Supervise
and monitor the progress of the implementation of projects in the
proclamation area and prescribe corrective measures to the agencies and
LGU concerned, if necessary;

7.  Provide general policies to aid the LGU in the exercise of its mandate set forth herein;

8.  Formulate
measures to contain and maintain the peaceful possession of existing
occupants and their structures relative to Section 7 hereof;

9.  Make final
decisions on all cases and issues affecting project implementation
which cannot be resolved at the operations level; and

10.           Call on any government department or agency for assistance whenever necessary.

SECTION 3.       Within
ten (10) days from such meeting, the HUDCC shall execute with the LGU
concerned the necessary memorandum of agreement or understanding
detailing their respective roles and functions relative to the conduct
of post-Proclamation activities, with complementarity, coordination, and efficient project implementation as principal considerations.

SECTION 4.       The
HUDCC may call on government departments or agencies, such as the
Department of Environment and Natural Resources (DENR), the National
Housing Authority (NHA), the Presidential Commission for the Urban Poor
(PCUP), and the National Anti-Poverty Commission (NAPC), which are
hereby enjoined to provide the necessary assistance in facilitating and
implementing the activities in the proclaimed site.

SECTION 5.       The
HUDCC shall ensure that the LGU concerned, through its local housing
board, if any has been constituted, or its equivalent, shall function as
the local post-Proclamation secretariat and shall implement the
policies and work plans drawn up pursuant to the provisions of the
pertinent Presidential Proclamation and this Order.

The LGUs
without local housing boards shall create their respective housing
boards, or their equivalent, within thirty (30) days from the effectivity of this Order.

SECTION 6.       The
funds necessary to carry out the requisite activities in the proclaimed
sites shall be incorporated in the annual budget of HUDCC and the other
participating agencies under the General Appropriations Act.

The LGU concerned shall likewise
provide the necessary funds to carry out its role and tasks relative to
the proclaimed site and this Order.  Additional funding requirements for operations shall be incorporated in the LGU’s regular budgets as part of its socialized or mass housing programs as mandated by pertinent laws.

SECTION 7.       In
order to ensure that only qualified occupants shall be awarded the lots
for disposition, the HUDCC, through the local housing board concerned,
shall institute the following containment measures:

1.      Prevention
and prohibition of the entry of new settlers or occupants as well as
the construction of new structures within the proclamation site; and

2.      Ensuring the peaceful possession of existing occupants and their structures in the proclaimed site.

For purposes of this Order, “new
settlers or occupants” shall mean individuals who enter or occupy
portions of the proclaimed area after the conduct of initial survey and
tagging by the concerned agencies in the pre-proclamation phase.  The HUDCC shall ensure compliance with this provision and may institute the proper actions and remedies for this purpose.

SECTION 8.       In
order to facilitate the early development of the areas for disposition,
the DENR shall, upon written request by the HUDCC, immediately
undertake the necessary boundary, topographic, structural and
subdivision surveys of the proclaimed areas and shall, upon approval
thereof, issue the corresponding special patents on similar documents.

SECTION 9.       The
HUDCC shall submit periodic reports to the Office of the President,
through the Office of the Executive Secretary, relative to the status of
post-proclamation activities in each of the proclaimed sites pursuant
to its mandates under the pertinent Proclamation and this Order.

SECTION 10.    All previous issuances inconsistent with the provisions of this Memorandum Order shall be deemed revoked or amended accordingly.

SECTION 11.    This Memorandum Order shall take effect immediately.

Adopted: 13 Sept. 2002

BY THE PRESIDENT:

(SGD.) ALBERTO G. ROMULO
Executive Secretary