OP EXECUTIVE ORDER NO. 803, May 21, 2009

CREATING AND DIRECTING THE METRO MANILA INTER-AGENCY COMMITTEE ON INFORMAL SETTLERS TO PLAN, COORDINATE AND IMPLEMENT, IN COORDINATION WITH CONCERNED GOVERNMENT AGENCIES, A COMP…

National Administrative Register May 21, 2009
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WHEREAS, the State is mandated by the 1987 Constitution in Article
XIII, Section 9, to undertake, in cooperation with the private sector, a
continuing program of urban land reform and housing which shall make at
affordable cost, decent housing and basic services to underprivileged
and homeless citizens in urban and resettlement areas;

WHEREAS, Republic Act (RA) No. 7279, otherwise known as the “Urban
Development and Housing Act of 1992”, declares that the State shall
undertake, in cooperation with the private sector, a comprehensive and
continuing Urban Development and Housing Program and that local
government units shall be charged with the implementation of said
program by providing relocation and resettlement sites, among others;

WHEREAS, the Medium-Term Development Plan includes, as a priority
development program, the decongestion of Metro Manila by forming new
cores of government and housing centers in Luzon, Visayas and Mindanao;

WHEREAS, the magnitude of the problem and the government’s limited
resources dictate that priority should be given to the great number of
informal settlers affected by government priority infrastructure
projects and those living in, near or along danger areas such as
riverbanks, esteros, roadways, sidewalks, aqueducts, bridges, garbage
dumps, shorelines and waterways;

WHEREAS, it is imperative that the nefarious and illegal activities
of professional squatters and squatting syndicates are effectively
curtailed to ensure that only qualified and deserving informal settlers
are benefitted by the government’s housing programs;

WHEREAS, there is a need to adopt an effective identification and
registration process in determining the rightful and qualified
beneficiaries of the government’s housing programs as against
professional squatters and squatting syndicates;

WHEREAS, the 1987 Constitution and the Administrative Code of 1987
provide that the President shall have control over all government
departments, bureaus and offices, and shall ensure that all the laws are
faithfully executed.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Republic of the Philippines, by virtue of the powers vested in me by
law, do hereby order:

SECTION 1. The Metro Manila Inter-Agency on Informal Settlers
– The Metro Manila Inter-Agency Committee (MMIAC) on Informal Settlers
is hereby created, composed of the Metropolitan Manila Development
Authority (MMDA) as chair, and the National Housing Authority (NHA) as
vice-chair, with the following members: the Housing and Urban
Development Coordinating Council (HUDCC); the Presidential Commission
for the Urban Poor (PCUP); the National Anti-Poverty Commission (NAPC);
the Department of Public Works and Highways (DPWH); the Department of
the Interior and Local Government (DILG); the Office of the
President-External Affairs (OPEA); the Department of Budget and
Management (DBM); and a representative from the urban poor as identified
by the MMIAC.

The MMIAC shall invite the Commission on Human Rights (CHR) and
other socio-civic organizations and associations to become members of
the Committee.

The concerned local government unit (LGU) shall be invited and
entitled to a vote whenever the matter is within its jurisdiction.

SECTION 2. Assistance from Government Agencies. All
government agencies are directed to actively cooperate and support the
MMIAC. In this regard, MMIAC may call upon any agency of the government
for assistance and cooperation, including, but not limited to, seeking
the necessary technical services and support to the implementation of a
Comprehensive Shelter Program (CSP), such as the provision of basic
community facilities, including logistics and the conduct of continuing
training and development with emphasis on livelihood and educational
programs in collaboration with the private sector, religious
organizations and participating NGOs.

SECTION 3. Lead Agencies. The MMDA and the NHA are the
lead agencies in the implementation of a CSP for informal settlers
within Metro Manila, such as those affected by government
infrastructure projects, and those living in,near or along danger areas
such as rivebanks, esteros, roadways, sidewalks, aqueducts, bridges,
railroad tracks, garbage dumps, shoreline and waterways.

SECTION 4. Functions of the MMIAC. The MMIAC shall have the following major functions:

a. Develop a CSP for qualified informal settlers affected by
government priority infrastructure projects and those living in danger
areas.

b. Provide policy directions and guidelines for the smooth and effective implementation of the CSP.

c. Seek funds and logistical support and resources from
participating agencies and other concerned entities and the private
sector for the effective and efficient implementation of the CSP.

d. Enter into a memorandum of agreement or other local
institutional arrangement with and among concerned national and local
government agencies, non-government organizations and private entities
for the speedy implementation of the CSP.

e. Exercise oversight functions on the implementation of the specific components of the CSP.

f. Perform such other functions as may be assigned by the President.

SECTION 5. Implementing Rules and Regulations. The MMIAC
shall promulgate its Implementing Rules and Regulations to implement the
CSP as well as provisions of this Executive Order.

SECTION 6. Funding. The MMIAC, through MMDA, is hereby
directed to set up a trust fund in accordance with law, wherein funds
sourced from the Office of the President, National Government Agencies,
LGUs (counterpart funds), Beneficiary Agencies and other participating
organizations (NGOs and private sector) can be drawn from, subject to
accounting and auditing rules and regulations, to expedite the
implementation of the CSP as well as the other housing strategies and
policies developed by the MMIAC.

SECTION 7. Repeal. Al l
executive orders, rules and regulations and other issuances or parts
thereof, which are inconsistent with this Executive Order, are hereby
revoked, amended, or modified accordingly.

SECTION 8. Separability. Any portion or provision of this
Executive Order that maybe declared unconstitutional shall not have the
effect of nullifying its other portions or provisions, as long as such
remaining portions can still be given effect.

SECTION 9. Effectivity. This Executive Order shall take effect immediately following its publication in a national newspaper of general circulation.

Adopted: 21 May 2009

(SGD.) GLORIA M. ARROYO
President of the Philippines  

BY THE PRESIDENT:

(SGD.) EDUARDO R. ERMITA
Executive Secretary