CREATING SOCIALIZED HOUSING ONE-STOP PROCESSING CENTERS TO FACILITATE THE PROCESSING AND ISSUANCE OF PERMITS, CLEARANCES, CERTIFICATIONS AND LICENSES APPROPRIATE AND NECESSARY F…

WHEREAS, consistent with Section 9, Article III of the Constitution which
mandates the provision of decent housing and basic services to the
underprivileged and homeless, the present Administration through the various
housing agencies of the government, has embarked on a massive socialized
housing program;

WHEREAS, to attain targets set under the government’s socialized housing
program, maximum private sector participation is imperative;

WHEREAS, in undertaking socialized housing projects contemplated under
Republic Act No. 7279 otherwise known as the Urban Development and Housing Act
of 1992, the developer/proponent must secure the appropriate and necessary
permits, clearances, certifications and licenses from various government
agencies which include the Department of Agrarian Reform (DAR), the Department
of Environment and Natural Resources (DENR), the Department of Agriculture
(DA), the Housing and Land Use Regulatory Board (HLURB), and the local
government units (LGUs) concerned;

WHEREAS, despite various tax and other incentives offered by government to
developers/proponents of socialized housing projects, maximum private sector
participation is not realized in view of existing processes in the issuance of
permits, clearances, certifications and licenses which are found to be
cumbersome and time-consuming, thereby causing considerable delays in project
implementation and resulting in added costs that further impair the
affordability of socialized housing units;

WHEREAS, Section 20 of Republic Act No. 7279 mandates the creation of
one-stop offices in the different regions of the country to handle the
processing, approval and issuance of permits, clearances, certifications and
licenses and that the same be issued within ninety (90) days from submission of
all requirements by the developer/proponent; and

WHEREAS, there is a need to implement the above-mentioned statutory mandate
to further strengthen the on-going efforts to streamline bureaucratic
procedures and hasten government processing and issuance of permits,
clearances, certifications and licenses.

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the law, do hereby
order:

Section 1. Creation of
Socialized Housing One-Stop Processing Centers – The creation of
Socialized Housing One-Stop Processing Centers (SHOPCs) is hereby directed in
all the administrative regions of the country to be manned by representatives
from the following agencies:

a. The Housing and Urban
Development Coordinating Council (HUDCC);

b. The Housing and Land Use
Regulatory Board (HLURB);

c. The Department of Agrarian
Reform (DAR);

d. The Department of Environment
and Natural Resources-Land Management Bureau (DENR-LMB);

e. The Department of Agriculture
(DA); and

f. The Department of the
Interior and Local Government (DILG);

The above-named agencies are
hereby directed to designate an organic official/employee to man their
respective Desks in all SHOPCs. In this connection, the Heads of said agencies
shall, subject to existing laws and as far as practicable, delegate sufficient
authority to their respective Desks to evaluate and process applications to
undertake socialized housing projects, as well as supporting documents
therefor, render final or appropriate action thereon, and sign and issue the
corresponding permits, clearances, certifications and licenses therefor.

The Chamber of Real Estate and
Builders Associations, Inc. (CREBA) or any other non-governmental organization
involved in socialized housing projects, and the League of Governors and City
Mayors of the Philippines (LGCMP), may be invited and asked by the HUDCC to set
up their Desks in the SHOPCs to provide private sector monitoring of the
operations of the SHOPCs and provide such other services to facilitate
coordination among and between the SHOPC Desks, other government agencies and
applicant developers/proponents.

Section 2. Powers of the
SHOPCs. – Subject to existing laws and the provisions of the preceding
Section, the SHOPCs shall, within their respective regions and through the
respective Desks of the above-named agencies, exercise the following powers:

a. Issue Locational Clearances,
Conversion Orders or Certificates of Exemption (from the coverage of the
Comprehensive Agrarian Reform Program [CARP]), Development Permits and Licenses
to Sell in favor of applicant developers/proponents of socialized housing projects;

b. Issue Environmental Clearance
Certificate whenever required;

c. Determine disturbance
compensation for tenant-farmers/farmworkers affected by the land conversion and
ensure that affected tenant-farmers/farmworkers are duly compensated;

d. Ensure the simplification of
processing and approval of licenses, permits and clearances to comply with the
90-day period mandated under Section 20 of Republic Act No. 7279; and

e. Call on other
agencies/entities for support/assistance as may be deemed necessary to attain
the objectives set forth under this order.

Section 3. Agency
Responsibilities. – The SHOPC Desks shall have the following
responsibilities:

1. HUDCC Desk

a. Coordinate, monitor and
exercise administrative supervision over the SHOPC;

b. Determine administrative and
operational costs of the SHOPC and pro-rate the contribution of each Desk to
said costs;

c. In consultation with the
agencies concerned, determine the number of staff/personnel required for the
effective operation of the SHOPC;

d. Identify and call upon other
government agencies or offices whose support is vital to the operation of the
SHOPC;

e. Prepare and submit to the
HUDCC head office, status reports on the operations and performance of the
SHOPC; and

f. Perform such other responsibilities
as may be required.

2. HLURB Desk

a. Accept applications for
socialized housing projects;

b. Inspect the proposed project
site and determine its suitability for socialized housing purposes;

c. Recommend to the DAR Desk,
the conversion of lands suitable for socialized housing;

d. Evaluate the application,
technical plans as well as other supporting documents and papers in support of
the application, and recommend final approval thereof to the concerned LGU;

e. Issue Locational Clearances
and Licenses to Sell;

f. Subject to par. 4 (a) below,
certify that the proposed project site is not included in the DENR list/map of
environmentally critical areas; and

g. Perform such other
responsibilities as may be required.

3. DAR Desk

a. Determine and fix the amount
of disturbance compensation based on the formula jointly set by the Department
of Agriculture (DA) and Department of Agrarian Reform (DAR) pursuant to Sec. 7
(1) of RA No. 6389, and ensure that the affected tenant-farmers/farmworkers are
duly compensated;

b. Evaluate applications for
land conversion/exemption from CARP coverage that may be referred or
recommended by the HLURB Desk, and in meritorious cases, issue
conversion/exemption certificates therefor; and

c. Perform such other
responsibilities as may be required.

4. DENR – LMB Desk

a. Issue Environmental Clearance
Certificates relative to applications for projects located within
environmentally critical areas but only until such time that the SHOPCs have
been furnished with maps and listings of such areas;

b. Verify land surveys and other
pertinent plans submitted by applicant developers/proponents;

c. Evaluate and approve
subdivision surveys; and

d. Perform such other
responsibilities as may be required

5. DILG Desk

a. Coordinate with the concerned
Sanggunian/LGU to facilitate the required approvals for the project, viz.,
development/building permits; and

b. Perform such other
responsibilities as may be required.

6. CREBA or Non-Governmental
Organization or LGCMP Desks

a. Assist the HUDCC in monitoring
the operations and activities of the SHOPCs to ensure compliance with the
provisions of this Order and the guidelines which may be promulgated in
connection therewith; and

b. Conduct liaison activities
between the various Desks of the SHOPCs and other government agencies, viz.,
the various offices of the Provincial/City Registers of Deeds, including
providing manpower support to the SHOPCs, to facilitate processing and approval
of applications/documents.

Section 4. Processing
Guidelines and Flow Chart. – The agencies named in Section 1 hereof
shall jointly promulgate specific guidelines as well as a flow chart to
expedite and simplify the processing and approval of applications for permits,
clearances, certifications and licenses required to undertake socialized
housing projects, in compliance with the mandate that such applications be
acted upon within the 90-day period prescribed under Section 20 of Republic Act
No. 7279, which guidelines may be revised from time to time, when the need
arises.

Section 5. Submission of
Certain Documents and Maps to the SHOPCs by Concerned Agencies. – To
ensure the successful operation of the SHOPCs, the following agencies shall,
within thirty (30) days from issuance of this Order, submit to the HUDCC, the
following documents and maps, which shall be updated regularly, but at least
every quarter, whenever requested:

1. DA

a. Masterlist and corresponding
maps of irrigated and irrigable lands; and

b. Complete listing of the crops
and value of annual yields on irrigated and irrigable lands and other types of
agricultural lands.

2. All Cities and
Municipalities

a. Town/city zoning plans;

b. Land-use maps and zoning
ordinances; and

c. List and corresponding maps
of lands identified as suitable for socialized housing projects/purposes.

3. DENR-EMB

a. Complete list and
corresponding maps of environmentally critical areas and lands actually used or
reserved as parks for flora and fauna, forests and watersheds, and other
similar purposes, and other areas necessary, to maintain or assure ecological
balance and environmental protection.

4. HLURB

a. Land-use maps and town/city
plans approved by the HLURB prior to June 15, 1988; and

b. List and corresponding maps
of urban and urbanizable areas.

5. DAR

a. Master list and maps of lands
covered by Voluntary Offer to Sell (VOS), Notice of Acquisition (NA) or Notice
of Coverage issued pursuant to the CARP; and

b. Master list of bona-fide
tenant-farmers duly identified as CARP beneficiaries.

Section 6. Developer/Proponent’s
Undertaking and Penalties for Non-Compliance. – (a) To assure
completion of the socialized housing project, the applicant developer/proponent
shall file together with his application a sworn Undertaking stating that the
proposed socialized housing project shall be completed or fully developed
within a period of one (1) year from the issuance of the permits, clearances,
certificates and licenses therefor for projects having a land area of less than
five (5) hectares, and at the rate of at least five (5) hectares per year for
projects with a land area of five (5) hectares or more.

(b) In addition to the penalties
imposed under existing laws, executive and administrative issuances, the
following sanctions shall be imposed on a developer/proponent who has failed to
comply with his Undertaking, made misrepresentations in his application, or is
found to have committed any act or omission to circumvent the intent and
purposes of this Order, as follows:

1. Cancellation/suspension of
previously issued permits, clearances, certifications and licenses in
connection with the approved socialized housing project; and/or

2. Permanent or limited
suspension from engaging in any business related to real estate development or
housing projects; and/or

3. Reversion of the land
(project site) to its original status as agricultural land.

The agencies named in Section 1
hereof shall jointly promulgate the appropriate guidelines to implement the
provisions of this section.

Section 7. Fees.
– In addition to the fees fixed and collected by the concerned agencies in
connection with the permits, clearances, certifications and licenses to be
issued in favor of an applicant developer/proponent, the SHOPCs are authorized
to impose additional fees and charges as may be determined by the HUDCC.

Section 8. Administrative
and Operational Costs. – The component agencies shall include in their
respective annual budgets their pro-rata share in the administrative and
operational costs of the SHOPCs, in consultation with the HUDCC.

Section 9. Separability
Clause. – In the event any provision hereof is declared invalid by any
competent court or tribunal, the other provisions hereof unaffected thereby
shall remain in full force and effect.

Section 10. Repealing
Clause. – All executive or administrative issuances or parts thereof
inconsistent herewith are hereby amended or modified accordingly.

Section 11. Effectivity. 
This Order shall take effect immediately.

DONE in the City of Manila, this 27th day of June in the year
of Our Lord, Nineteen Hundred and Ninety-Four.

(Sgd.) FIDEL
V. RAMOS
President of the Philippines

By the President:

(Sgd.) TEOFISTO T. GUINGONA, JR.
Executive Secretary

 

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