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TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE FINAL REPORT

VOLUME 1: MAIN REPORT APPENDIX 21 December 2009 PAGE 8

b. Electricity; c. Sanitation, sewerage and solid waste management services and/or facilities; d. Access to primary roads and means of transportation; e. Footpaths, drainage and road networks; f. Community facilities such as open spaces, community/health/livelihood/daycare centers; and g. Schools.

The provision of these basic services and facilities shall be planned and given priority for implementation by the City Government and other concerned agencies in cooperation with the private sector and the community beneficiaries. The City Government shall ensure that these basic services are provided at the most cost-efficient rates.

SECTION 24. LIVELIHOOD COMPONENT – To the extent feasible, socialized housing and resettlement projects shall be located near areas where employment opportunities are accessible. The City Government shall also provide assistance in helping the community beneficiaries gain access to affordable shelter finance, microenterprise or skills training, and microfinance facilities.

ARTICLE IX - RELATED STRATEGIES

SECTION 25. COMMUNITY PARTICIPATION – The Board shall adopt a community-driven approach to planning and development, and shall afford the program beneficiaries or their duly designated representatives an opportunity to be heard and to participate in the decision-making process over matters involving the protection and promotion of their collective interests and welfare which shall include appropriate documentation and feedback mechanisms. They shall also be encouraged to organize themselves and undertake self-help cooperative housing and other livelihood activities. The communities shall assist the City in preventing the incursion of lawless elements, professional squatters and members of squatting syndicates into their areas.

SECTION 26. PRIVATE SECTOR PARTICIPATION – The participation of the private sector is a key element to the success of the urban development and housing program of the City. Opportunities for adequate consultation with private sector groups shall be provided by the City Government in line with the implementation of this ordinance.

SECTION 27. OTHER STRATEGIES – Other strategies, lessons learned and best practices in the provision of pro-poor housing and urban renewal and development as provided in Republic Act No. 7279 and other useful references, such as the promotion of indigenous housing materials and technologies, the design of viable urban transport systems, the conservation and protection of vital, unique and sensitive ecosystems, scenic landscapes, cultural sites and other similar resource areas, and the promotion of economic growth and socio-economic development in the City’s adjoining municipalities shall be adopted and incorporated in the City’s urban development and housing programs.

ARTICLE X – INCENTIVES

SECTION 28. INCENTIVES FOR PRIVATE SECTOR PARTICIPATION – In addition to existing incentives granted by Republic Act No. 7279 and other applicable laws to private sector proponents engaged in socialized housing, property owners and/or developers who participate in the urban renewal and housing programs of the City Government shall be entitled to receive the following: [INSERT LOCAL GOVERNMENT INCENTIVES SUCH AS a. Five percent (5%) reduction in the real property tax due on their developed commercial lands for a

period of ten (10) years; b. Ten percent (10%) reduction in the real property tax due on their developed residential lands for a

period of ten (10) years; and a. Twenty percent (20%) reduction in the real property tax due on their agricultural lands for a period

of ten (10) years.]

ARTICLE XI – APPROPRIATION AND FUNDING



SECTION 29. URBAN DEVELOPMENT AND SOCIAL HOUSING TRUST FUND – There is hereby created a special account and trust fund to be called the “Urban Development and Social Housing Trust Fund,” the available funds of which shall be exclusively used by the Board to finance urban development or renewal and housing programs implemented by the City Government pursuant to this ordinance. The trust fund shall be funded through:

a. The proceeds generated from the collection of the additional one-half percent (0.5%) tax on the assessed value of all lands in the City in excess of fifty thousand pesos (Php50,000);

b. All funds/monies generated and collected from various sources intended for housing and other related development programs;

c. All payments, remittances, accrued interests, penalties and other sums received or collected from the communities and beneficiaries who were given housing or financial assistance extended by the City Government; and

d. Payments of accredited CHA and CMP private originators, CMP Origination fees, share in payment of development permits, locational clearances and land use conversion fees and other fees for housing related activities carried out pursuant to this ordinance.

SECTION 30. APPROPRIATION – There is hereby appropriated for the implementation of the

initial housing programs under this ordinance the amount equivalent to [state appropriated amount]. This appropriation shall be continuous from year to year without need of further express legislation, unless and until expressly increased, reduced or discontinued by ordinance. The Sangguniang Panlungsod may however further appropriate, and the City Mayor may likewise further use his or her Economic Development Fund, for additional funds necessary for the implementation of this ordinance. Any unexpended portion of the annual appropriation shall accrue to the Urban Development and Social Housing Trust Fund.

SECTION 31. OTHER SOURCES OF FUNDS – Funds for these programs and the implementation of this ordinance shall also come from the following sources:

a. Proceeds of sales of City-owned properties acquired for on-site and off-site developments; b. Loans, grants, bequests and donations, whether local or foreign; a. Flotation of bonds, subject to guidelines set by the Monetary Board; b. Proceeds from the idle land tax; and, c. Twenty percent (20%) of the proceeds of sales of other City Government real properties.

ARTICLE XII -SEPARABILITY AND REPEALING CLAUSES

SECTION 32. SEPARABILITY CLAUSE – Should any provision hereof be declared invalid,

the other provisions not so declared shall remain in full force and effect.

SECTION 33. REPEALING CLAUSE – All ordinances, resolutions and executive issuances inconsistent with this ordinance are hereby repealed, amended, or modified accordingly.

SECTION 34. EFFECTIVITY –This ordinance shall take effect upon its approval.

Appendix 22

Preparing a Shelter Plan



PROPOSED LOCAL SHELTER PLAN TEMPLATE I. OVERVIEW OF AND CONTEXT FOR SHELTER PLANNING/PLAN

Introduction

The Shelter Planning template and overall design must be able to address the housing needs of both the informal and the formal sectors, particularly renters, government employees and those availing of either socialized or economic housing. Urban development program requires consideration of mixed used development to allow subsidized social housing projects. 1.1 Rationale (this will explain the need for the Shelter Plan)

State the objectives of the Shelter Plan

1.1.1 Primary Objective/s 1.1.2 Secondary Objective/s

1.2 Target Population Define the target population to be served by the project

1.3 Shelter Planning Process

Describe key stakeholders (i.e. LGUs, NGOs, MFIs, CBOs, MSGs, Business Sector) relevant to the project, including roles and responsibilities

1.3.1 Key Players, Roles, Responsibilities 1.3.2 The Process – describe the process from data gathering and

analysis, strategic planning proper, validation, implementation, and institutionalization/adjustments.

1.4 Structure and Time Frame of the Shelter Plan

Define the general time frame for the realization of the Shelter Plan Structure – describe a multi-stakeholder Technical Working group as the

core group that will be formed to craft the Sangguniang Panlungsod (SP). The TWG is composed of LGU departments, urban poor groups, NGAs (HLURB, HUDCC, NHA), NGOs, business sector representatives, and other relevant organizations. Usually, the Mayor issues an order authorizing the LGU department heads to participate and this ensures permanent representation.

II. GENERAL OVERVIEW OF CITY/MUNICIPALITY, APPRECIATION OF LOCAL ENVIRONMENT AND URBAN DEVELOPMENT TREND IN GENERAL

2.1 City/Municipality Overview

This section provides a general situationer of the local government unit (LGU) in terms of its socio-economic, biophysical, institutional and other important characteristics pertinent to shelter.

2.2 Geographic Location and Features

2.2.1 Location



2.2.2 Climate 2.2.3 Topography and Soils 2.2.4 Vulnerability to Geohazards

2.3 Urban Development Trends

2.3.1 Population Size and Structure Total population, population growth, household size,

household/dwelling unit, population density, others. Migration – in and out migration

2.3.2 Land Use

Existing and proposed (agricultural, industrial/ commercial, residential, recreation areas, critical/ conservation area, undevelopable/dangerous areas, others

2.3.3 Infrastructure

Transport system (road network, sea transportation, ports, airstrip), housing, sanitation, light and energy, water, communications, waste management, others

2.3.4 Income and Poverty Incidence

Sources of income, labor and employment

2.3.5 Organizations, Institutions and Governance This section should discuss the present capabilities of the key

stakeholders such as the LGU (the “owner” or implementer of the strategy), the sector (socialized housing sector, low-income, and economic sector), NGAs, business, NGOs, etc. in terms of programs/priorities, systems, performance, resources, and affordability/willingness to pay.

A separate profiling of the socialized housing sector should be developed to pin down their capabilities, needs, resources, and affordability/willingness to pay.

2.3.6 Local Economic Outlook

Agriculture, Marine Development, Trade and Industry, Tourism

III. ANALYSIS OF HOUSING DEMAND, AVAILABLE RESOURCES AND NEED FOR RESOURCES 3.1 Assessment of Shelter Need

This section presents all the assumptions used in coming up with the plans including various assumptions used as basis for computations.

3.1.1 Assumptions and Definitions

Describe the present local housing situation: tenurial status as

regards to homelots and housing units, flooding problems, danger areas, threats of disasters, demolition activities. Discuss also housing-related services, such as current power



and water supply, sanitary facilities, and garbage disposal system and other shelter-related services in detail.

3.1.2 Demand for Shelter

3.1.3 Backlog

Discuss the magnitude of new housing needs at the beginning

of the planning period. Likewise include a discussion on the backlog components: double-up households, displaced units, and the homeless. To be mentioned in this section is the number of years (program period) needed by LGU to address this need. The discussion should be accompanied by a table on housing needs.

3.1.4 Upgrading Needs

Discuss the magnitude of upgrading needs at the beginning of the planning period. Likewise include a discussion on the various forms of upgrading such as: tenure upgrading needs, infrastructure upgrading needs (water, power, roads, sanitation, drainage, garbage disposal systems) and structural upgrading needs. To be mentioned in this section is the number of years (program period) needed by the various service providers to address these needs.

3.1.5 Future Growth

Discuss the magnitude of future housing needs all throughout the planning period, including new housing sites. Part of the discussion should dwell on the population growth rate, causes of increase or decrease in population growth rate, household size and migration patterns, if significant. To be mentioned in this section is the number of years (program period) needed by LGU to address this need.

3.1.6 Total Demand

Total calculation of housing requirements due to backlog, upgrading needs and future growth demands.

3.2 Ongoing/Committed Shelter Initiatives

Discuss all present shelter initiatives whether on-going or in the

advanced stages of implementation that can augment the total housing demand.

3.3 Residual Demand

Provides for a computation of total demand minus the expected supply

from the ongoing/committed shelter projects.



3.4 Cost Requirement for Shelter Provisions

Provides for a detailed cost computation for the realization of the

shelter project requirements including land acquisition, land development and house construction.

4. Assessment of Resources for Shelter Provisions

Discuss the resources needed to address the housing in order to realize the

housing vision of the city/municipality. Present also the resources available for housing that can be tapped or accessed. These resources are in terms of land, infrastructure and funds for housing and its related services. Innovative technologies can also be cited as a resource in case it is used in the locality and proves to be beneficial to the majority of those needing housing assistance.

4.1 Local Government 4.2 Private Sector/Civil Society Groups/NGOs 4.3 Community Organizations/HOAs 4.4 Target Household

5. The Need for, and Availability of, Resources

This section provides for a comparative analysis to determine

sufficiency/inadequacy of available and required resources. This will serve as guide for the planner in considering appropriate actions/strategies to augment possible shortage in resources.

5.1 City-wide 5.2 Household Level

IV. APPRECIATION AND ANALYSIS OF ISSUES AND CONCERNS

6. Summary of Key Issues and Concerns

This section presents key issues, vulnerabilities of the different stakeholders, and concerns arising from Section 2 of the template that will facilitate formulation of the local shelter plan It also discusses the possible solutions planners can undertake to consider the issues and concerns raised.

6.1 Geographic location 6.2 Urban Development Trends

6.2.1 In-migration – discuss migration issues and the contributing factors making the area appealing to migrants.

6.2.2 Institutional Issues

Assess the implementing body’s (LGU) capability as

implementor of the shelter strategy for the socialized housing sector in relation to its policies, programs and thrusts for the shelter sector. Discussions can include leadership, structure and staffing of the LGU and



availability of system for accounting available terrestrial A&D lands which can facilitate shelter planning.

Affordability and Willingness to Pay for Shelter

Discuss households’ capacity to pay for housing and its related services (land, development cost, cost of housing construction). Includes discussion on various income groups with its corresponding number of households needing housing assistance, their average monthly income, potential percentage of income for housing, potential annual capital cost of housing, and affordable loan packages based on the loan terms identified by the LGU.

6.3 Others as identified – include other relevant issues in Section 2 that

will strongly influence the strategy. V. PROPOSED ACTIONS (STRATEGIES AND PROGRAMS)

5.1 Recommended Strategies

This section proposes the various strategies identified by the planner in order to attain the housing vision and goals to be achieved by the local shelter plan. A. Vision/Goal

Goals must be smart: specific, measurable, attainable, realistic and

time-bounded. It must be geared towards the vision and consistent with the CLUP.

B. Strategic Interventions or Options

b.1 Housing Options in the Context of Affordability

Present all financing options available for each income group with emphasis on details such as lot size, floor area, type of house, type of land development and services to be provided.

b.2 Livelihood and Micro-enterprise support

Present all livelihood and microenterprise assistance to be

provided on-site in parallel with the shelter plan.

b.3 Capacity Building – Socialized Housing Sector b.4 LGU Institution Building b.5 Land Acquisition b.6 Site Development/Basic Services

- Short (immediate) Term Strategies



- Medium Term Strategies

- Long Term Strategies

VI. OPERATIONS/IMPLEMENTATION PLAN

This will reflect the short, medium and long-term strategies broken down into outputs/indicators, critical activities, resource requirements, and responsible institutions. 6.1 Formulation of strategies

6.1.1 Short (immediate) Term Strategies 6.1.2 Medium Term Strategies 6.1.3 Long-Term Strategies

6.2 Proposed Investment Program

VII. LGU COMMITMENT

7.1 Sanggunian Approval and Adoption

Attach the SP Resolution approving/adopting the Shelter Plan VIII. MONITORING SCHEME

8.1 Project Monitoring and Evaluation

This section identifies the key result areas (KRAs) drawn up by the LGU. Accomplishments versus targets must be measured with appropriate indicators to ensure maximized benefits for the poor, financial, economic and social returns. Formulate appropriate indicators per KRA. Lessons learned must also be shared within the LGU and to neighboring cities/municipalities.

ANNEXES

Attached as annex all the necessary documents or materials that may aide the planners, project evaluators and readers in understanding, reviewing, monitoring and updating the shelter plan. Annexes may include the following:

Worksheet for Housing Needs Calculation Worksheet for Affordability Analysis Inventory of Lands Inventory of Informal Settlers Data from utilities companies/service providers Maps Housing Options/House designs List of NGOs and CBOs operational in the area Major government projects (infrastructure) Business locators/establishments



Other related documents REFERENCES

Lists all references used in making the plan.

Appendix 23

HUDCC Policy Paper on Rights-Based

Instruments

TA 4293: PHILIPPINES CAPACITY BUILDING FOR HOUSING MICROFINANCE

FINAL REPORT


Appendix 23

Accelerating Pro-Poor Housing Through Rights-Based Secure Tenure Arrangements1

EXECUTIVE SUMMARY

The urban population of the Philippines continues to grow at an unprecedented rate. Recent studies estimate that about 60 percent of the national population or more than 50 million Filipinos are living in urban areas. Currently, both the housing and land markets are hardly able to cope with the demands posed by the country’s rapid pace of urbanization, thus, contributing to the spread and deepening of urban poverty.

The proliferation of informal urban settlers manifests the severity of the housing shortage in the country. The housing and land markets have been unable to match the demand accompanying rapid urban growth. Each year during the last decade the private sector supplied only about 50,000 housing units (but intended largely for non-poor families) while government-led housing programs provided around 120,000 units of housing assistance per year. In 2002, it was estimated that after over a decade of implementing the National Shelter Program the government still faced growing future housing demand of over 2 million units while having to deal with a backlog of at least 1 million other units. There is a clear need for fresh approaches that can help close the widening gap between housing demand and supply. Developing sustainable solutions that will enable the sector to provide the necessary ingredients for affordable shelter such as secure tenure, access to basic services, housing tailored to the needs of the poor, adequate and affordable financing, and capacity building for relevant stakeholders are the key challenges confronting the government at this time.

The Housing and Urban Development Coordinating Council (HUDCC) is advocating changes in the social housing sector that are principally focused on affording full recognition and acceptance of rights-based secure tenure arrangements for the urban poor and further liberalizing bank lending policies to accelerate pro-poor housing. These reforms are intended to regularize informal settlements and provide land tenure for millions of urban poor dwellers and improve their access to shelter finance through the introduction and promotion of housing microfinance best practices. In developing countries, tenure, more than ownership, is emerging as one of the most important elements to reaching the Millennium Development Goals to alleviate the plight of the urban poor. The basic lesson is that people need to have secure tenure, not necessarily freehold titles. Once they have secure tenure, they themselves will act to help improve their plight. Current tenure policies and programs may have to be examined to determine if they are practical, flexible, truly development oriented, affordable and replicable at the needed scale.

1 This paper was prepared by the Policy Formulation and Research Group (PFRG) of the Housing and Urban Development Coordinating

Council (HUDCC) with the technical support of GHK International under the Asian Development Bank (ADB)-funded TA 4293- Capacity Building for Housing Microfinance.


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Through this policy paper, HUDCC is requesting all government agencies concerned to study and carry out the necessary reforms for the purpose of accelerating pro-poor housing through innovative secure tenure and shelter finance approaches.

1. INTRODUCTION

The urban population of the Philippines continues to grow at an unprecedented rate. Recent studies estimate that about 60 percent of the national population or more than 50 million Filipinos are living in urban areas. Currently, both the housing and land markets are hardly able to cope with the demand posed by the country’s rapid pace of urbanization, thus, contributing to the spread and deepening of urban poverty. Of the estimated 5.5 million urban poor households in 2000, about 1.4 million live in impoverished slums characterized by (i) inferior quality housing, (ii) limited or lack of access to basic infrastructure services such as roads and foothpaths, drainage, water supply, and sewerage and sanitation, (iii) insecure tenure, and (iv) environmental and hygienic conditions hazardous to public health (Figure 1). The majority of these families also suffer from irregular or limited sources of income and livelihood. The Philippine government has recognized these problems and has adopted schemes to support its fight against poverty through the redistribution of assets and the adoption of innovative secure tenure arrangements under the Medium-Term Philippine Development Plan 2004-2010. However, there is a need to provide the stimulus and offer real solutions which would carry out these stated principles and expand the urban poor’s access to decent housing in a sustainable manner.

Source: Poverty Reduction Strategy Papers (PRSP) Sourcebook, World Bank, 2

Source: Poverty Reduction Strategy Papers (PRSP) Sourcebook, World Bank, 2001.

Figure 1. Cumulative Impacts of Urban Poverty

Sense of insecurity, isolation, and

disempowerment

Lack of access to

credit for business or house

Lack of employment, inability to have a regular job, lack of regular income, and social

security, poor nutrition

Poor health, poor education

Inability to afford

adequate housing

Tenure insecurity, evictions, loss of small savings invested in housing

Unhygienic living conditions, low-

quality public service


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2. THE NATIONAL SHELTER PROGRAM: PROBLEMS AND LESSONS LEARNED

The Philippines has one of the highest rates of urbanization in the developing world, with a recorded average annual urban growth rate of 5.14 percent between 1960 and 1995. The country’s urban population increased from 18 million in 1980 to 48.1 million (or 9.25 million households) in 2002. Although official data on poverty indicate that only about 18.5 percent of urban households fall below the poverty income line of P12,577 per capita per year, the findings of a Social Weather Station survey indicate that around 62 percent of urban households consider themselves poor.2 This figure has remained fairly consistent based on more recent surveys. But this statistic alone cannot fully describe the poor living conditions of the country’s informal urban settlers. Physical conditions in most of these settlements are characterized by poor quality housing, overcrowding, inadequate access to basic services, insecure land tenure, and increased risks to public health. The lack of tenure itself delays or even deters connection to municipal infrastructure services leading to depressed property values, underutilized capital assets, poor living conditions and high incidence of disease.

The proliferation of informal urban settlers in the Philippines manifests the severity of the housing shortage in the country.3 The housing and land markets have been unable to meet the demand accompanying rapid urban growth. Each year during the last decade the private sector supplied only about 50,000 housing units, largely intended for the non-poor families, while government-led housing programs provided only about 120,000 units of housing assistance per year. In 2002, it was estimated that after more than a decade of implementing the National Shelter Program, the government still faced growing future housing demand of over 2 million units while having to deal with a backlog of at least 1 million additional units. For the 2001-2004 period, both public and private sectors could only provide shelter security units to about 380,000 out of the targeted 880,000 poor households. These units were delivered through various socialized housing programs including (1) the President’s/HUDCC’s Asset Reform Program, (2) the Community Mortgage Program of the National Home Mortgage Finance Corporation (NHMFC); (3) the National Housing Authority’s slum upgrading, cooperative housing, resettlement, emergency housing/housing materials assistance, and medium-rise development programs; and (4) private sector urban poor community development initiatives such as those by Gawad Kalinga and Habitat for Humanity. Clearly, innovative approaches are needed to close this gap between housing demand and supply. Unfortunately, recent policy studies also reveal that land regulation in the Philippines is heavily fragmented and clearly outdated compared to other land administration systems of other countries within the region.4 This stems from a situation of having at least 70 different

2 The Social Weather Survey Station is a non-stock, non-profit survey institute. On a quarterly basis, it conducts surveys in the Philippines

on (i) Severity of Hunger, the proportion of households reporting that they had experienced hunger, and (ii) Self- Rated Poverty, the proportion of households rating their families as mahirap or poor. SWS’s self-rated poverty is of a much larger magnitude than the officially-measured poverty which is based on a calculated poverty threshold line for meeting a family’s minimum basic needs. The self-rating technique used by SWS is subjective from the point of view of the family, not the researcher’s, and can be applied not only to poverty in general but also to poverty along any particular domain such as the family’s access to food, housing, clothing, education, health care, and a hygienic environment.

3 The term “Informal settlers” is now used to refer to both squatter areas (illegal settlements) and slum areas (unsanitary physical living conditions), as well as non-slum areas where the settlers’ legal representation has not been documented formally (i.e., extra-legality of land tenure). Hernando de Soto (The Mystery of Capital, 2000) estimates that 57 percent of city dwellers are informal settlers.

4 Land Administration and Management Project (LAMP), Land Law and Institutional Arrangement Policy Studies (2002).


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laws that govern public and private transactions on land and where formal judicial proceedings are required to effect simple property transactions. As a result, the settlement of land matters turns into a lengthy, complex and costly process which affects the poor the most. One seminal study shows that the procedure to legalize informal urban property in the Philippines can take anywhere from 13 to 25 years and require 168 steps to complete.5 Even preparatory activities to proclaim public land as alienable and disposable to beneficiaries of socialized housing programs can take as much as two years. In addition, a considerable portion of the country’s land resources remain unregistered. The value of untitled real estate in the Philippines is estimated to reach US$133 billion, or fourteen times the value of all foreign direct investment.6 At the same time, it is believed that an indefinite number of subsequent transactions affecting titled properties goes unrecorded. In the case of housing for the urban poor, the distribution of secure tenure to program beneficiaries can be seriously constrained by titling or registration proceedings. An ADB study pointed out that excessive transactions costs borne by the country’s urban poor in obtaining freehold titles in the Philippines were caused by: (i) inadequate mechanisms and lack of transparency in resolving land conflicts; (ii) inefficiencies in existing land management records system; (iii) limited and costly access to the register of land deeds; and (iv) fragmented institutional responsibilities for land administration and management.7 All these issues have resulted in inefficiencies and delays in the implementation of the government’s program to regularize the tenure of informal urban poor settlers in the country. Moreover, conventional shelter financing arrangements and current bank lending policies do not allow the taking of security interests against unregistered or untitled real property. Without individual land titles, informal settlers cannot access any type of formal credit. Ironically, it is credit that would have allowed them to acquire legal tenure over their occupied plots, increase their earning capacities, and improve their living conditions. Developing sustainable solutions that will enable the sector to provide the necessary ingredients for affordable shelter such as secure tenure, access to basic services, housing tailored to the needs of the poor, adequate and affordable financing, and capacity building for relevant stakeholders is the key challenge confronting the government today. Improving access to affordable housing and secure tenure will contribute significantly to its goal of reducing urban poverty. Lessons learned from past public housing programs are summarized in Box 1. These lessons, combined with the challenges and the directions articulated by the Medium-Term Philippine Development Plan for the expansion of access to affordable shelter, helped formulate a new approach to socialized housing provision through the Development of Poor Urban Communities Sector Project (DPUCSP) and its policy action agenda, which are discussed in later sections below.

5 Hernando de Soto, The Mystery of Capital (2000) 22. 6 Id. at 34. 7 Asian Development Bank, Housing Sector Profile: Philippines, 2001, cited in Reyes, Community-Focused Urban Poverty Reduction:

Institutional Perspectives for Sustainable Urban Upgrading, March 2006, a report to the Asian Development Bank.


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3. THE NEED FOR SECURE TENURE Informal settlement has become one of the most common forms of land delivery in most developing countries.8 In Southeast Asia, it is estimated that 28 percent of the urban population are informal settlers who have no rights or access to services and are relegated to live in slums under squalid, unsafe and unhealthy living conditions.9 The Philippines is no exception.

Development experts agree that security of tenure is essential to improving the living conditions of the urban poor. It is considered a major contribution to the alleviation of poverty, to advancing sustainable livelihoods, to accessing services, and to recognizing the rights of the urban poor as citizens and members of the community.10

Thus, the basic objective of any urban poverty reduction program must be to enable the poor to acquire or create assets that would help improve their quality of life―and in most cases, secure tenure is one of the principal assets most sought after by the urban poor.11

8 Land, Security, Property Rights and the Urban Poor: Twenty Five Years of World Bank Experience. World Bank Briefing Note 8. 2001 9 United Nations Human Settlements Programme (UN-HABITAT), Urban Land for All (2004) 2. 10 The Fukuoka Declaration adopted during the Seminar on Securing Land for the Urban Poor, Fukuoka, Japan, 2-4 October 2001. 11 Community-Focused Urban Poverty Reduction: Institutional Perspectives for Sustainable Urban Upgrading. A report prepared by Joji I.

Reyes under the technical direction of Michael R. Lindfield of the Asian Development Bank under RSC No. C31595 ADM/03-484, INO: Community-Focused Poverty Reduction.

Box 1. Summary of Lessons Learned from Past Government Shelter Programs Shelter projects have found it difficult to reach target beneficiaries: Although often targeted on the poorest

households, benefits have typically accrued to households above the target income deciles. To avoid this leakage of benefits to the non-poor, projects should be demand and community-driven and well implemented, shaped not only by the needs and preferences of the targeted poor but by their affordability levels and willingness to pay as well.

Flexible approaches are required in project design and programming: Project interventions must be demand-driven and sufficiently flexible to adapt to the changes in demand. At the same time, the shifting political climate at the local government level may mean that there are changes in local priorities, and a shelter program prioritized by one administration may be marginalized by another. If the political support of a project falters, there must be mechanisms in place to enable project funds to be directed to other viable projects.

Direct approaches to housing provision for the urban poor have proved less than successful: Indirect support through such interventions as developing affordable and sustainable housing finance, improving land transfer mechanisms and liberalizing collateral requirements to address inefficiencies in the land titling process are likely to be more successful. In this context, there is need to support the decentralized provision of housing within the context of the Local Government Code.

Interest rate subsidies resulted in market distortions and created disincentives for the private sector to participate in housing for the poor: The banking system and private sector groups have hardly participated in socialized housing, partly because they could not compete with the subsidized interest rates charged in government programs. However, government resources are limited and unable to cope with the growing demand for housing as a result of the country’s rapid pace of urbanization. Market-based principles must be applied and targeted subsidies used more efficiently, specifically to correct market failures and inefficiencies.

Public housing programs, at the national and local levels, have fared poorly in their cost recovery efforts: NHA has a collection rate of about 19 percent (but recent estimates place the figure at below 10 percent). Pag-IBIG has a collection efficiency of around 60 percent. This situation makes socialized housing programs very difficult to sustain and replicate. And yet microfinance institutions have shown that the poor can save and that with appropriate social intermediation, as well as collection and savings mobilization schemes properly customized to match their consumptions patterns, they can in fact repay their loans.


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a. Definition The Urban Development and Housing Act of 1992 (UDHA) defines “security of tenure" as the degree of protection afforded to qualified beneficiaries against infringement or unjust, unreasonable and arbitrary eviction or disposition, by virtue of the right of ownership, lease, usufruct and other contractual arrangements.12 An internationally-accepted definition of secure tenure (as defined during the Expert Group Meeting on Urban Indicators held in October 2002) is “the right of all individuals and groups to effective protection by the state against forced evictions.” Under international law, forced eviction is “the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate form of legal or other protection.” The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance with the law and in conformity with the provisions of the International Covenants on Human Rights (i.e., the International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights). Under international human rights law, secure tenure is one of the seven components of the right to adequate housing, which again is linked to the right to land. The other six components are: (1) availability of services, materials, facilities and infrastructure; (2) affordability; (3) habitability; (4) accessibility; (5) location; and (6) cultural adequacy. All these rights apply equally to women and men. Women’s equal right under international law to adequate housing, land and property is sufficiently rooted and firmly entrenched.13

As a Millennium Development Goal indicator (MDG Indicator 32), secure tenure is used to refer to households that own or are purchasing their homes, are renting privately or are in social housing or subtenancy. Households without secure tenure are defined as squatters (whether or not they pay rent), the homeless, and households with no formal agreement.14 It measures the proportions of: (i) households with formal title deeds to both land and residence; (ii) households with formal title deeds to either one of land or residence; and/or (iii) households with enforceable agreements or any document as a proof of a tenure arrangement.15

b. Forms There are different forms of land tenure. The conventional and most commonly known type is freehold. It involves permanent and absolute property rights which allow the owner to exercise full acts of dominion. Freehold may also be delayed and ownership or title made conditional until payments have been completed. Leasehold, on the other hand, confers almost equivalent property rights except that the rights to possess and use are limited by the period and other conditions specified in the lease. Compared to freehold, leases are believed to be much cheaper and faster to deliver. They are also more flexible and can be upgraded incrementally as and when required.16 Usufruct is a peculiar property right under the Civil Code of the Philippines that allows the usufructuary to enjoy nearly all rights of ownership except the right to have legal title and to alienate or dispose.

12 Section 3 (o), Rep. Act No. 7279 (1992). 13 Id. note 7 at 6. 14 United Nations, Indicators for Monitoring the Millennium Development Goals: Definitions, Rationale, Concepts and Sources (2003) 15 Id. note 7 at 19. 16 Clarissa Augustinus and Marjolein Benschop, Security of Tenure Best Practices.


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Cooperative or group tenure vests ownership in a cooperative, community or group where residents or members are undivided co-owners. The unit of group registration can be the land parcel (block), a building or plot of land. This unit can be registered in freehold or lease in the name of the cooperative, community land trust or housing association, while individual occupation rights or sub-leases are granted by the group. The group then decides on property rights and tenure issues such as lease length and conditions, inheritance rights, rules on transfer of rights outside the group, maximum areas, and dispute resolution processes. It is much more affordable than individual tenure since it does not require specialized land administration approaches to secure individual rights. It also diminishes the number of registration units thereby reducing the survey, registration and public land administration costs. 17 There may also be various types of formal and informal but undocumented tenure arrangements which can be found particularly in slums and informal settlements. Adverse possession, anti-eviction laws and undocumented use/occupancy rights are some examples of tenure types in the land rights continuum that provide certain degrees of protection. Perceived tenure or de facto recognition of occupation such as political patronage, proof of payment of utility bills, oral evidence, owner’s consent and other perceived rights form a major part of such tenure types. The level of security of tenure that they provide depends on various local circumstances and whether any other protection against forced evictions accompanies them. They are the basis from which an incremental approach to tenure improvements can be developed.18 Descriptions of common tenure systems and their characteristics gathered by the UN-HABITAT are presented in Annex A.19

c. Why is Security of Tenure Important?

It is estimated that about 924 million people are presently living without secure tenure in informal settlements in the urban areas of developing countries. Unless trends are reversed, this number is projected to increase to 1.5 billion by 2020 and 2 billion by 2030. In some countries, the number of people living in unauthorized settlements has already exceeded those in formal land and housing markets. This has become a critical problem for governments seeking to reduce poverty and achieve economic development.20

Tenure status has a major impact on poverty.21 Excluding a significant proportion of urban populations from legal shelter and basic services reduces the prospects for economic development in many ways. People who face possible eviction are not likely to act to their maximum potential or invest in improving their homes and communities, knowing that they have no “rights” to the land they occupy. The lack of legal status also severely limits the poor's access to credit and financial services, and effectively curtails entrepreneurial abilities. Also when people are excluded, local and central governments are denied the revenue from property taxes and service charges, which could help improve urban living environments and stimulate local and external investments including basic infrastructure and services.22 Illegal slum communities are considered inefficient and/or dysfunctional parts of the cities in which residents and businesses do not contribute to municipal revenues. These neighborhoods

17 Id. 18 Id. 19 Excerpted from UN-HABITAT, Urban Land for All (2004), Table 2. 20 Id. note 10. 21 Alain Durand-Lasserve, Secure Tenure for the Urban Poor (2003) 2. 22 Id. note 10.


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become under-serviced, officially neglected “cities within cities,” which compound environmental and efficiency problems city-wide, and strain the capacity of local governments to keep pace with growth and to provide needed services.23

Providing security of tenure reverses the adverse impact. As emphasized by the Habitat’s Global Campaign for Secure Tenure, the granting of secure tenure is one of the most important catalysts in stabilizing communities, improving shelter conditions, reducing social exclusion, and improving access to urban services.24 Strengthening legal status helps expand the residents' existing social capital and improves their access to credit. If some form of tenure is obtained, low income households show willingness and ability to invest and pay for land and services they value, thus undercutting the need for traditional subsidies. For instance, it has been shown that the provision of basic services with secure tenure leads to substantial private investment in home construction (on average, each US$1.00 invested in infrastructure generates about US$7.00 of household investment) and contributes to a vitalized local economy. Regularizing land occupancy also facilitates property taxation for municipal governments.25 4. GOVERNMENT POLICIES, CAMPAIGNS AND PROGRAMS a. Programs There have been different tenure distribution campaigns launched under the National Shelter Program. These range from enforcement of basic anti-eviction laws to the grant of individual land titles to whole communities. The most prominent secure tenure campaign of the Philippine government is the Asset Reform Program, which expands a strategy initiated earlier by the Aquino administration called the “Handog Titulo” Program. A key policy of the current administration is to make government land available to beneficiaries through the signing of presidential proclamations which reclassify public lands as alienable and disposable for socialized housing. This act assures settlers on public land that they will not be evicted and social services will be improved. From 2001 to 2004, more than 200,000 families in 33 informal settlements have benefited from these proclamations.26 The policy does not apply to families squatting on private land, which form the majority of informal settlements, but is nonetheless, a positive and pragmatic response which has encouraged numerous poor households to improve their homes and neighborhoods.27 A list of proclaimed sites is attached to this policy paper as Annex B for reference.

Collective ownership to facilitate the granting of individual land titles is the main thrust of the Community Mortgage Program (CMP). Under the CMP, a community association applies for a land acquisition loan from the NHMFC. This is done through an originator or partner organization which may not only assist the community in organizing and applying for the loan but may also act as its guarantor. A loan usually has a term of 25 years with a fixed interest rate of 6 percent. The loan amount will depend on the negotiated value of the land and the appraisal made by the NHMFC. Once acquired, the land is registered in the name of the

23 Id. note 6. 24 Id. note 17 at 3. 25 Id. note 6. 26 National Economic and Development Authority, Medium-Term Philippine Development Plan (2004-2010) 60 27 Id. note 10 at 16.


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community association and is prepared for eventual splitting and individualization of titles. The CMP benefited close to 60,000 households from the period 2001 to 2004.28

The CMP, however, has been beset by funding problems. In 2003, for example, there was no budget allocated for CMP. Moreover, the bulk of the loans had been used for land acquisition and could not cover the costs for site development and home improvement. While CMP had a higher collection efficiency compared to other public housing finance programs for low income households (by gaining the support of LGUs and NGOs and adopting a community-driven lending scheme), repayment performance was still considered unsustainable (the program has yet to achieve the minimum ratio of 85 percent to be sustainable) and highly variable among community beneficiaries.29

Other programs include the NHA’s programs on slum upgrading; sites and services development; land tenure assistance; community land acquisition support; grants-in-aid for housing; cooperative housing; resettlement; medium-rise housing projects; and completed housing.

Basic protection against forced eviction is given under the Urban Development and Housing Act (UDHA). The statute’s anti-eviction provisions provide security of tenure at a general level. Under the law, eviction or demolition is only allowed when settlers are occupying dangerous areas or public places, when government infrastructure projects are to be implemented, or when there is a court order. But in any case of lawful eviction, informal settlers are entitled to notice, consultation, and adequate relocation or compensation.30 A general moratorium against eviction was also imposed upon the affectivity of the UDHA which lasted until 1995.31

b. Instruments In line with these programs, the government has been issuing tenure instruments which confer varying degrees of property rights. Torrens titles issued in accordance with Philippine property registration decrees are still the most commonly known form of providing secure tenure. A title requires that the land is made part of the formal property system and that all contracts which affect the land meet the conditions of applicable laws to be valid. Special variants of freehold titles are also used to serve and put forward different social reform objectives (but not mass housing) including the Certificate of Lot Ownership Award (CLOA) for beneficiaries of the Comprehensive Agrarian Reform Program and the Certificate of Ancestral Domain/Ancestral Land Titles (CADT/CALT) for indigenous peoples granted rights of indigenous ownership and possession over their ancestral domains. Within proclaimed sites for socialized housing, the Department of Environment and Natural Resources (DENR) and HUDCC give out Certificates of Entitlement to Lot Allocation (CELA) which is evidence of the intended beneficiaries’ right to acquire portions of the proclaimed area that they are occupying. CELAs are issued prior to the filing of the applications for public land disposition.32 HUDCC considers CELAs as an indication that a family may be accommodated and entitled to a homelot in the proclaimed property.33 28 Id. note 23. 29 Philippine Institute for Development Studies, Policy Notes, June 2004, No. 2004-05. 30 Section 28, Rep. Act No. 7279 (1992) 31 Section 44, id. 32 Section 2, DENR Memorandum Circular No. 2004-02 33 Article 15.1, Rules and Regulations Implementing Memorandum Order No. 74 (2002)


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As part of public land disposition, the DENR issues orders of award and/or sales patents. An order of award may be granted once a 10 percent downpayment on the cost of the land is made. On the other hand, a sales patent may be immediately given if there is an early and complete takeout by the grantee or some other person on her behalf.

Leasehold and usufruct are also recognized forms of tenure arrangements. The UDHA, for instance, makes reference to these systems as acceptable secure tenure modalities and viable alternatives to freehold or ownership in fee simple.34 Long-term leases and other rights in rem qualify as collateral for guaranteed accounts of the Home Guaranty Corporation (HGC).35 Leases are typically used in NHA’s Medium-Rise Public Housing Program while the HDMF (Pag-IBIG Fund) has started to accept usufruct arrangements.

The NHA also offers Conditional Contracts to Sell to buyer-beneficiaries who are non-members of SSS, GSIS or Pag-IBIG but only with a maximum payment term of five years. The conditional contract is used as an alternative mode of disposition particularly in slum upgrading projects where the lots are being disposed through mortgage takeout but where a number of qualified beneficiaries are non-fund members.

5. INSTITUTIONALIZING RIGHTS-BASED SECURE TENURE ARRANGEMENTS UNDER DPUCSP

The recently approved DPUCSP was designed by the Philippine government and the Asian Development Bank to help reduce urban poverty. Addressing the multidimensional character of urban poverty that goes beyond income deprivation in many of the poor urban communities in the country,36 DPUCSP has three components consisting of:

Part A: Site development and secure tenure distribution. This component aims to improve access by urban poor households living outside of Metro Manila to secure land tenure, affordable shelter and basic municipal infrastructure and services through the development of both upgrading and new sites. In upgrading, basic infrastructure services such as roads, water supply system, drainage and sewerage, and sanitation facilities are provided on-site by local government units (LGUs) or private sector groups in association with LGUs, in areas with existing informal settlers. Land use and occupation are also legalized, in varying degrees and forms taking into account affordability, to grant security of tenure to the residents and to motivate them to further invest in housing and to enable them to access the shelter finance made available in Part B below. In contrast, new sites require the development of vacant and contiguous pieces of land for development and redistribution through individualized plots to eligible beneficiaries. Selected beneficiaries then build their houses on the plots through various contracting or self-help mechanisms.

Part B: Shelter finance for low-income communities. This component will enable access by urban poor households to financial services for housing and livelihood activities. The Development Bank of the Philippines (DBP) will relend to locally identified intermediaries, which will onlend to poor and low-income households in the form of home improvement, housing, and microenterprise loans. The main

34 Sections 3 (o) and 12, Rep. Act No. 7279 (1992). 35 Section 30, Rules and Regulations Implementing Rep. Act No. 8763 (2000). 36 Urban poverty is now characterized in the literature as a multidimensional phenomenon, going beyond its traditional confinement to

money-metric measures to other visible causes such as lack of access to adequate housing and infrastructure, social protection, health, education, security, and empowerment. This is consistent with the findings of surveys conducted in representative urban poor communities in the cities of Angeles, Bacolod, Talisay and Cagayan de Oro as part of the project preparation activities of DPUCSP.


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intermediaries will be qualified bank and non-bank microfinance institutions (MFIs), but other financial institutions with established track records in mortgage and/or microfinance lending may also be able to participate.

Part C: Capacity building and

implementation support. This component will strengthen the capacities of national and local institutions as well as Project stakeholders for decentralized secure tenure, shelter and urban services delivery. Additional consulting services to those procured under Parts A and B will be provided to the HUDCC-Project Management Office (PMO) for sector strengthening, and the DBP-PMO for project implementation support. The additional consulting services will (i) assist the DBP and HUDCC in project planning, coordination, management, evaluation, supervision, and monitoring; (ii) assist the LGUs and communities in subproject preparation, appraisal, design, supervision, and monitoring; and (iii) support technical tasks.

The key design principles of DPUCSP can be summarized as follows:

Secure tenure through fast-tracked distribution of individual titles or rights-based tenure arrangements constituting “interim” titles. The Project recognizes that secure land tenure creates strong incentives for beneficiaries to further invest in housing and related improvements. In addition, valid property rights enable the poor to access the formal financial markets since land with clearly-defined and easily transferable ownership rights represent one of the most acceptable forms of collateral. As a result, DPUCSP will provide assistance in subdividing a title on national government-owned or local government-owned land to facilitate the transfer of ownership rights to individual households/beneficiaries. When this is not appropriate (e.g., if lot acquisition is shown to be unaffordable) or even possible given the bureaucratic, costly and lengthy procedures for obtaining a title in the Philippines for a typical low-income housing plot, DPUCSP provides a menu of rights-based secure tenure arrangements (including basic land use or occupancy rights, leasehold variants, and usufruct) that constitute interim titles (See Annex C). As part of the policy action plan of the Project, HUDCC is taking the initiative in coordinating with the concerned government agencies including the DENR, Land Registration Authority and Bangko Sentral Pilipinas to recognize and institutionalize the use of different tenure systems for the urban poor, and to liberalize collateral requirements by initially allowing microfinance-oriented banks to lend against them.37

More affordable housing and basic services through participatory community

action planning. The DPUCSP planning process for a proposed site development subproject will be initiated at the community level―by the beneficiaries themselves―through a participatory planning approach that first and foremost identifies the urban poor households’ needs and priorities, given their income and affordability levels. LGUs and NGOs facilitating the planning process will emphasize

37 These interim titles include land use rights and leasehold variants such as lease-to-own, lease with option to purchase, and long-term

lease with a minimum lease period of 20 years to be eligible under the HGC guaranty. Usufruct, which is the right to possess, use, and enjoy the fruits of a specific property, also qualifies as a secure form of land tenure under the project. Other tenure instruments that also confer property rights include orders of award, sales patents, and certificates of entitlement to lot allocation.

Box 2. Trends in Microfinance

Microfinance traditionally encompassed the package of financial products and services, including lending and savings that promote the development of livelihood and growth-oriented microenterprises. An emerging practice is housing microfinance, a field that applies key lessons learned from the microfinance revolution to shelter financing.


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the importance of ensuring the affordability of the proposed interventions, clearly establishing the linkages between costs, the benefits that will be derived from physical and environmental upgrading, and the need to pay for benefits directly accruing to individual households and to the community as a whole to promote a sustainable community development approach.

Market-based principles complemented by subsidies targeted to the poor. In

accordance with the shelter policies and strategies articulated in the Medium- Term Philippine Development Plan 2004-2010, DPUCSP pricing will be market-based unless there are clear cases of market failures leading to unaffordable housing for the urban poor. The inefficiencies of the Philippine urban land market are well documented oftentimes leading to exorbitant land prices, making shelter unaffordable to the urban poor. Instead of providing an interest rate subsidy which is the predominant subsidy scheme in the Philippines, capitalized subsidy in the form of a land subsidy will be used under the Project to reduce the total price of serviced plots to qualified poor beneficiaries. Interest rate subsidies while highly effective at increasing affordability have proven to be very expensive to administer, difficult to target, and eventually, unsustainable due to the heavy fiscal burden they impose on the government.

The land subsidies under the Project will be targeted to the deserving poor mainly in the slum upgrading subprojects, through a participatory process involving the communities, NGO facilitators, and the LGUs. Proceeds from the sale of land, net of the land subsidies, will be deposited in special trust accounts and may be tapped later for use in providing discounts to reduce the capital cost of the plots serviced with basic infrastructure they intend to purchase. For land owned by the LGU, the proceeds will be deposited in a local shelter finance fund (LSFF) which in keeping with the Local Government Code can be created either by a law or ordinance passed by the local legislative council.

Increased access by the poor to housing finance and livelihood opportunities

through tested microfinance strategies. Families in the informal sector often do not have access to the formal financial system, which requires borrowers to have regular, predictable incomes and hard collateral. They are thus denied the credit needed to obtain formal tenure and to upgrade their housing. The government has been unable to provide the required subsidies to encourage formal financial institutions to lend to this group, and centralized shelter agencies lack the capacity to manage such a program. DPUCSP will provide increased access to housing finance and livelihood opportunities to targeted beneficiaries through qualified MFIs skilled at conducting social intermediation and value formation activities, savings mobilization, and credit and collection schemes tailored to the poor.38 (See Box 2)

Strengthened capacity for decentralized shelter delivery framework. Shelter is a

mandated local government activity that many LGUs are unable to perform effectively. The strategic development planning and fiscal and management capacities of LGUs will be strengthened by DPUCSP to enable them to formulate and implement community-based slum upgrading and low-income housing aimed at improving the quality of life of their urban poor constituents. In addition, the Project will focus on the need to clarify institutional responsibilities, rationalize the functions of national sector institutions, and strengthen their capacity to efficiently carry out their mandated roles

38 Social intermediation entails community workshops and meetings that enable the prospective urban poor borrowers to acquire the

knowledge, values, and skills which they will need to initiate livelihood enterprises and effectively service their housing-related credit. Social intermediation will include training in credit norms, savings discipline, and assistance in group formation and team building.


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within the decentralized shelter delivery framework. The capacity of MFIs to implement housing microfinance will likewise be improved through methodologies and systems that would enable them to finance the housing-related needs of their poor and low-income clients.

Enhanced private sector participation in socialized housing. To bridge the gap

between housing demand and supply, private sector resources must be mobilized. DPUCSP, with its market-based approach, enables private sector groups to work with LGUs in developing community-driven, pro-poor slum upgrading and low-income housing subprojects.

6. Secure Tenure Best Practices As mentioned, a key policy objective of DPUCSP is to promote and institutionalize the use of different tenure systems to alleviate urban poverty and accelerate pro-poor housing. Consistent with this objective, policies and instruments that have conventionally been utilized to supply tenure security may have to be reassessed and/or used in more innovative ways. New instruments may also have to be “created”. For this purpose, significant insights can be gained from lessons learned and best practices that have evolved both locally and abroad (See Table 1 below).

Table 1. Secure Tenure: Lessons Learned and Best Practices Involvement and Participation

Recognize and treat informal settlers as having a ‘right to the city’ (Brazil) and include them in planning and decision-making with emphasis on social and gender equity. Include informal settlers in regulatory frameworks and planning and ensure that these will specifically benefit the poor, particularly women

Reassess Tenure Systems

Reassess conventional tenure types and land registration systems, and use them in more innovative ways. Create new, more appropriate instruments, e.g. basic lease for cooperative, community land trust, housing association + internal group tenure (Guinea-Bisseau, Kenya, India, Australia, Pakistan). Ensure that tenure instruments are accessible and affordable to low income groups. Rights such as freehold and registered leasehold, and the conventional cadastral and land registration systems (paper or digital), and the way they are presently structured, cannot supply security of tenure to the vast majority of the low income groups and/or deal quickly enough with the scale of urban problems, so innovative approaches need to be developed.

Incremental Approach to Address Affordability

For people who cannot afford any form of legal tenure, a step by step, incremental approach from perceived/temporary secure tenure to improvements/legalization could be the best option (e.g. Namibia, Pakistan). While secure legal tenure for all segments of society is the aim, it is likely that there will always be people who cannot afford any form of legal tenure. These people need to be able to start with a perceived form of tenure security and work their way up the tenure ladder in incremental steps. Perceived tenure can be based on a number of things and these can be used constructively by local authorities, NGOs and others to manage urban areas better and supply a form of temporary tenure security.

Forced Eviction

Prohibit forced evictions by law (Brazil), provide legal aid, (including community based paralegals) and recourse in case of violation + simplify court procedures in case of violation. Recognize important role NGOs play in mobilization against forced evictions. If informal settlement is only protected by ‘anti-eviction law’, community and/or local authority should keep simple records of occupation (rural Mozambique, India).


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Adverse Possession

Simplify procedures and adopt special regulations for adverse possession that are affordable for low-income people (Brazil law not implemented in practice). Allow group claims to adverse possession (while including a gender perspective) and provide legal aid. Adverse possession rights, if the community knows they have them, are a valuable perceived secure tenure. However, it is critical that residents can prove their occupation in the area for the correct length of time. Again, the role of NGOs in educating people about their rights and simple record keeping, describing those in occupation, undertaken by the community in partnership with the local authority, is critical.

Customary Land Rights

Recognize existing customary land rights. In dealing with customary land for urban development and extension of cities, involve tribal leaders, customary occupants, title holders, local authority and consider form of communal/village ownership (Tanzania, Guinea Bisseau). Customary areas do not respond well to freehold and/or individualized titles/deeds, because of group-based relationships and the lack of financial capacity. Locally administered group-based leases are a much more useful tool, linked to innovative land readjustment mechanisms.

Legalizing Informal Settlements

The legalization of informal settlements can take many forms, but it has generally been done by giving individual freehold titles/deeds and been accompanied by individual servicing of the sites. This has led to problems of middle class down-raiding, lack of affordability (especially when legalization is accompanied by service provision) and slow centralized delivery approaches. The move now is away from individual titles/deeds towards a form of group title/deed, with individual rights administered by the group themselves, sometimes in partnership with the local authority. This approach can be used both when settling vacant land and for regularizing informal settlements. Titles/deeds can be upgraded incrementally if so desired. Group titles/deeds and the identification of special zones in the city for low income people, are complementary land delivery instruments. Special zones also work well with anti-eviction laws as they allow the local authority to intervene in areas of land conflict.

Qualified Titles/Deeds

Qualified titles/deeds are often considered as a way forward to deliver titles/deeds quickly and they have been used at certain times in a country’s history very effectively. However, if a country has a weak administrative system, qualified titles/deeds, which have to be upgraded administratively at some future point, will not solve the problems of large-scale informal settlement.

Leases are the best solution

It is not possible for the majority of the population, and especially low-income groups, to have tenure security by using centrally registered rights such as freehold. Instead alternative approaches need to be considered. Given the bundle of rights associated with land and the different types of leases and rights available in different countries, it is suggested that leases become the instrument of choice for publicly-owned land and especially local authority land, rather than freehold. That is, in urban areas the state should preferably not transfer the land in freehold to occupants.

Women The regulatory frameworks of the country should be reviewed as a priority to determine whether enabling practices regarding women’s equal rights to security of tenure and the equal inheritance of women to land (housing) are being promoted.

Source: Handbook on Best Practices, Security of Tenure and Access to Land (2003), UN-HABITAT From Table 1, lease is preferred to freehold because it is better for mass delivery to low income people. The reasons cited include the following: Leases are much cheaper than freehold title/deeds;

Leases can be delivered faster than freehold title/deeds;

Leases are more flexible as they do not necessarily fall under the national laws of the country and can be negotiated by the parties;


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Not only are delivery costs cheaper but more importantly transfer costs are cheaper. Governments often subsidize land delivery but seldom subsidize transfers;

Freehold requires a full adjudication and settlement of rights. Conflicting rights cannot be held on the registry record. Lease agreements can be made with occupiers of land still under dispute;

There are many types of leases, and a range of costs are associated with their creation, and they can be upgraded incrementally as and when required. There is often only one type of freehold in a country;

Both freehold and leases are amenable to information and communication technology. However, the technology system to handle leases can be much cheaper and simpler to use than a system for freehold.39

Real property should also be seen as legally being the subject of a bundle of rights, which makes alternative and incremental tenure options possible. Property rights cover several elements such as the right to: (i) occupy, enjoy and use; (ii) restrict others from entry; (iii) sell, buy, transfer or inherit; (iv) build, develop or improve; (v) cultivate or use for production; (vi) manage or administer; (vii) rent or sublet; (viii) realize a pecuniary benefit from increased property values or rental income; (ix) access services; and (x) access formal credit or mortgage.40 For low income groups, flexible alternatives or options for guaranteeing security of tenure appear to be more useful than focusing on individual freehold tenure and formal land registration systems. Incremental or step by step approaches to tenure improvements also allow for an appropriate level of change that improves land market efficiency while protecting the interests of low income groups. The informal settlement dwellers themselves will be able to identify which approach could best work for them if they are presented with a range of alternatives.41 Such intermediate, incremental options which emphasize a progressive increase in land rights seem to offer improved security, increased public sector influence over land development, modest increases in tax revenues, and practical options for financing land development. Such approaches are able to improve tenure security for the most vulnerable social groups and at the same time reduce distortions in land and housing markets. They are also considered simpler and cheaper to implement.42 7. RECOMMENDED FRAMEWORK Most of these key principles have already been recommended by the relevant government shelter and land administration agencies. At the inter-agency Urban Land Reform Conference held in October 2004, participants resolved to advocate for rights-based approaches to secure tenure and to develop mechanisms for interim/qualified titling for pro-poor housing. Among the important policies adopted were the distribution of secure tenure using a diverse range of options (not necessarily formal or final title), adoption of an incremental approach to secure tenure, and implementation of tenure systems through a community-driven and participatory planning and settlement process. The output of the policy action planning on secure tenure is attached to this policy paper as Annex D. The conference results can serve as the basic

39 United Nations Human Settlements Programme (UN-HABITAT), Handbook on Best Practices, Secure Tenure and Access to Land (2003) 40 Id. note 7 at 7. 41 Id. note 14 at 7. 42 Id. note 7 at 16.


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framework to guide government efforts to improve tenure policy and carry out a more focused and effective secure tenure program. The review of tenure policy and the assessment of existing tenure systems including the formulation and implementation of necessary policy reform measures will be done through technical working group meetings which HUDCC intends to convene and sponsor under DPUCSP. The work will most likely involve:

An assessment of the full range of existing tenure systems and sub-markets;

A reformulation of policy on land tenure and property rights by adopting alternative tenure options;

Establishment of links and working arrangements among concerned agencies for the adoption of rights-based approaches and land use rights instruments; and

Planning and implementation of a revitalized government secure tenure campaign and program.

A parallel policy initiative is being done to examine relevant banking laws, rules and regulations that limit the ability of microfinance-oriented banking institutions to offer housing microfinance services and products. One of the objectives is to allow microfinance-oriented banks to give housing microfinance loans secured by collateral substitutes. These alternative instruments should include the different forms of rights-based secure tenure arrangements discussed in this Policy Paper, which lawfully convey valid and enforceable property rights. Shelter finance reform recommendations have already been prepared and submitted to the BSP for appropriate action. These policy initiatives on shelter finance are expected to be approved and implemented by the BSP in the ensuing months.

8. CONCLUSION In conclusion, HUDCC is seeking policy reforms that aim to improve the urban poor’s access to secure tenure, shelter finance and basic services as definitive strategies to reduce urban poverty. Through this policy paper, HUDCC requests all concerned agencies to actively study, participate and pursue the necessary reforms to provide tenure security and accelerate the provision of pro-poor housing in the country.


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Source: UN-HABITAT

ANNEX A Tenure System Characteristics Advantages Limitations

Freehold

Ownership in Perpetuity Provides a high degree of security. Freedom to dispose or use as collateral for loans. Maximizes commercial value, enabling people to realize substantial increases in asset values.

Costs of access generally high. Collateral of value may not be relevant if incomes are low or financial institutions are weak. Property values can go down as well as up and may trap the unwary in properties worth less than they paid for them.

Delayed freehold Conditional ownership. Title is granted on the completion of payments or when developments have been completed.

This provides the same high degree of security as freehold, providing payments are made as required or developments have been completed. Freedom to dispose, or use as collateral for loans. Maximizes commercial value, enabling people to realize substantial increases in asset values.

Failure to maintain payments or undertake developments may result in eviction and loss of funds invested. Collateral value may not be relevant if incomes are low. Property values can go down as well as up and may trap the unwary in properties worth less than they paid for them. Expectations of increased values can divert investments from more productive sectors of the economy.

Registered Leasehold

Ownership for a specified period from a few months to 999 years.

As secure as freehold, but only for the period specified in the lease.

Requires legal framework. Costs of access generally high.

Public rental Rental of privately owned land or house. Provides a high degree of security providing terms and conditions of occupation are met.

Limited supply may restrict access. Often badly located for access to livelihood. Terms often restricted. Deterioration may result if maintenance costs not met.

Private rental Rental of privately owned land or property. Good security if protected by legally enforceable contract. Provides tenants with flexibility of movement.

Open to abuse by disreputable owners. Deterioration may result if maintenance costs not met.

Shared equity Combination of delayed freehold and rental in which residents purchase a stake in their property (often 50%) and pay rent on the remainder to the other stakeholder.

Combines the security and potential increase in asset value of delayed freehold and the flexibility of rental. Residents can increase their stake over time, ultimately leading to full ownership.

Requires a legal framework and efficient management.

Co-operative tenure

Ownership is vested in the co-operative or group of which residents are co-owners.

Good security. Maintains social cohesion.

Requires a legal framework. Restrictions may reduce incentives to invest. Requires double registration first of land and association.

Customary ownership

Ownership is vested in the tribe, group community or family. Land is allocated by customary authorities such as chiefs.

Widely accepted. Simple to administer. Maintains social cohesion.

May lose its legal status in urban areas. Vulnerable to abuse under pressure of urbanization. Poor customary leadership may weaken its legitimacy

Religious tenure systems (e.g. Islamic)

There are four main categories of land tenure within Islamic societies. ‘Waqf’ is religious trust land and is potentially very significant in addressing landlessness, whilst ‘mulk’, or individual full ownership, is also protected in law; ‘miri’, or state owned/controlled land which carries ‘tassruf’ or usufruct rights, is increasingly common, whilst ‘musha/mushtarak’, is collective/tribal ownership.

Facilities family/group tenures and accessible and affordable land management procedures.

Because they are outside the commercial land market, waqf lands are often inefficiently managed. Inheritance disputes can cause land conflicts.

Non-formal tenure systems

These include a wide range of categories with varying degrees of legality or illegality. They include regularized and un-regularized squatting, unauthorized subdivision on legally owned land and various forms of unofficial rental arrangements. In some cases, several forms of tenure may co-exist on the same plot, with each party entitled to certain rights.

Some of these non-formal categories, such as squatting, started as a response to the inability of public allocation systems or formal commercial markets to provide for the needs


FINAL REPORT


ANNEX B

Status of Signed Presidential Proclamation As of October 31, 2006

Signed Presidential Issuances

TITLE Date Signed Location AREA (in

hectares) NO. OF BEN.

LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

NCR

1 PP No. 543 Reserving a certain parcel of land located in Brgy. Valencia, Quezon City as socialized housing site and declaring the same open for disposition in favor of the actual and bonafide occupants

27-Jan-04 Brgy. Valencia Quezon City

0.26 300 NHA * Organizational conflict between 2 associations settled.

* Special patent for issuance to NHA, still pending with the LMB

* IRR for finalization * Budgetary requirement for the conduct of

Census & Tagging and Eco Survey, prepared and submitted to the NHA-GM's office.

2 PP No. 504 Amending Proclamation No. 6 dated

February 15, 2001 which declared certain parcel of land located in Cubao, Quezon City open for disposition in favor of the actual occupants by segregating the portion previously covered by proclamation no. 478 from its coverage and reserving the same for rehabilitation center purposes of the physically handicapped persons

25-Nov-03 Brgy. Escopa, Quezon City

6.00 1,083 DENR 719 * Per DENR, pricing committee approved the sale at P250.00/sq.m.

* Reconstitution of property titles still being processed (Judicial reconstitution)

3 EO No. 58 Authorizing the National Power

Corporation to dispose of its 1.6-hectare property located in Sitio Pajo, Baesa Quezon City to its bonafide occupants

5-Dec-01 NAPOCOR, Sitio Pajo, Quezon

City

1.60 716 HUDCC * Conveyance of NPC property to LGU of Q.C. is being worked out & finalized in view of the rescission of Contract of FDA, NPC & HOA for development of property under CMP scheme.

* To date, the MOA (between NPC and LGU of Quezon City) is for approval of NPC


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

4 EO No. 116 Declaring portions of the Bases Conversion Development Authority (BCDA) property, namely, Camp Claudio and Camp Atienza situated in Paranaque City and Quezon City respectively, as socialized housing sites and providing for the disposition thereof to qualified occupants and beneficiaries

15-Aug-02 Camp Claudio & Camp Atienza, Paranaque and

Quezon City

1.00 460 NHA (Camp Claudio) Office of Cong.

Defensor (Camp Atienza)

HUDCC (Co-chair)

388 72 460 For Camp Claudio: A proposed Master Development Plan for the whole Camp Claudio property is being spearheaded by HUDCC and Cong. Zialcita. About 460 CELAs were already awarded in 2004. For Camp Atienza: The MOA was signed by members of Execom on 02 Feb. 2006. The office of Cong. Defensor is providing the funding for the conduct of structural survey of the proclaimed site.

5 PP No. 359 Withdrawing from use for Military purposes a apportion of the parcel of land known as Camp Claudio, situated in Tambo, Paranaque City, and reserving the same for housing and urban development purposes

4-Apr-03 Camp Claudio, Paranaque City

3.41 proposed gov't.

employee housing

site

HUDCC/ OVP * For finalization of the IRR by the member-agencies.

* Census and tagging activities for the present occupants will be undertaken by the NHA.

* DND/AFP/Philippine Navy is requesting for the revocation of PP359 since the area is presently utilized as On-Base housing facility for the PN.

* There are about 170 housing structures in the proclaimed site.

6 PP No. 964 Segregating certain portions of the land

owned by the Philippine Reclamation Authority (formerly Public Estates Authority) and the Toll Regulatory Board situated in Paranaque City and reserving the same for socialized housing sites purposes open for disposition to qualified beneficiaries pursuant to the provisions of Republic Act No. 7279 otherwise known as the Urban Development and Housing Act of 1992 and Executive Order No. 131 dated October 1, 2002

29-Dec-05 Paranaque City 2.40 600 HUDCC/ NHA/Heads the

LIAC in coordination

w/PEA

Conduct on land survey on going. Census & tagging completed. 600 CELAs awarded. MOA re Conveyance of property to NHA is with PEA legal office. This is for PEA Board approval.


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

7 PP No. 571 Reserving certain parcel of land of the Public Domain located in Binondo, Manila for socialized housing purposes open for disposition in favor of qualified beneficiaries under the provisions of Republic Act No. 7279 otherwise known as "The Urban Development and Housing Act."

9-Mar-04 Binondo, Manila 2.85 NHA * Implementation activities -- combine/merge with PP 581.

* Transfer Administration of project to NHA. * Both the IRR and Code of Policy are for finalization.


September 3, 2001, which reserved certain parcel of land of the public domain located in Tondo, Manila, for socialized housing site purposes open for disposition in favor of the actual occupants by changing the mode of disposition from R.A. 730 to R.A. 7279 otherwise known as "the Urban Development and Housing Act", and authorizing the issuance of special patent in favor of the National Housing Authority over the area occupied by informal settlers.

18-Mar-04 Parola, Tondo, Manila

5.61 10,000 NHA 100 100 * Compliance to agreements/assignments identified during the IAC meeting held last July 6, 2006.

* Transfer of administration to NHA. * Both the IRR and Code of Policy are for finalization

9 PP No. 54 Declaring those parcels of land not being occupied/used as government center site of the Municipality of San Juan, Metro Manila, as disposable and available for award to its present occupants

30-May-01 San Juan, Metro Manila

4.23 592 DENR

10 EO No. 108 Declaring a portion of the Government

Service Insurance System (GSIS) property located in Parola, Tondo and Binondo, Manila as social housing site and providing for the disposition thereof to qualified occupants and beneficiaries.

4-Jun-02 GSIS Property. Parola, Tondo

10.90 7,000 NHA This a part of the PAROLA project covered by Proc. Nos. 571 & 581, wherein which the IRR has been drafted for approval.

11 PP No. 595 Segregating a portion of the lot covered

by Transfer Certificate of Title Nos. 2-Apr-04 MIAA Properties,

Pasay City 25.14 6,700 NHA * Bidding will be undertaken within July,

subject to approval of physical survey


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

6735 situated in the City of Pasay under the administration of Manila International Airport Authority and declaring the same open for disposition to qualified occupants pursuant to provisions of the Urban Development and Housing Act of 1992 (Republic Act No. 7279) and Executive Order No. 131 dated October 1, 2002

package. * Draft MOA between MIAA and NHA for

review by MIAA.

12 PP No. 1027 Amending Proclamation No. 144, as amended by Proclamation Nos. 391 and 595, series of 2003 and 2004, by segregating portions of the lot covered by TCT No. 6735 situated in Balagbag 1, Balagbag 2, and Pildera 1 and 2, all in the, City of Pasay and adding them as areas for retention by the Manila International Airport Authority

6-Mar-06 Balagbag 1 & 2,& Pildera 1 & 2, Pasay City

36.175 6,000 NHA * IAC created but no representation from CA.

* Supplemental to PP# 391 & 595. * Define additional streets & points of

reference. (391) - 40-m strip Balagbag (595) - 40-m strip along NAIA road. (10.7) - 40-m strip along MIA & 10-m along remaining portion Balagbag

13 PP No. 391 Amending Presidential Proclamation No. 144 dated January 18, 2002 which segregated certain portions of the land covered by TCT No. 6735 situated in Barrio Balagbag, San Roque and Maricaban, City of Pasay and declared the same open for disposition to qualified applicants thereat by transferring the administration of the reserved area to the National Housing Authority

28-May-03

Bo. Balagbag, San Roque and

Maricaban, Pasay City

14.28 3,300 NHA 500 500 * Structural survey for Maricaban III & Bo. Pilipino Putol completed. Schematic plan on-going.

* Balabag completed structural survey. * About 500 CELA has been awarded to

qualified beneficiaries on Dec. 2003. * Administration of the Proc. sites is being

transferred to NHA as per PP#391. * Balagbag structural & schematic survey

completed.

14 PP No. 970 Amending Proclamation No. 95 dated September 3, 2001 which declared a certain portion of the land situated in Pasay City, Metro Manila covered by Transfer Certificate of Title No. 142162 registered in the name of the Manila International Airport Authority (MIAA) as site of the MIAA employees housing

13-Jan-06 MIAA Property, Pasay City

2.29 Unoccupied proposed

MIAA Employees

Housing Site Estimated -

1,000 beneficiaries

NHA * Implementation of PP being objected by MIAA Employees Union recommending other use for the area.

* Proposed - 15 buildings


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

project, by authorizing the development of the area covered therein for Medium Rise Building and Mized-Use purposes and placing the same under the Administration of the NHA.

15 PP No. 601 Amending Proclamation No. 423, dated July 12, 1957 which established the Fort Andres Bonifacio (formerly Fort William Mckinley) Military Reservation, by segregating certain portions of the land embraced therein situated in Barangay Lower Bicutan, Taguig, Metro Manila and reserving the same for housing site purposes for employees of Department of Public Works and Highways (DPWH) open for disposition under the provisions of RA 7279 known as the Urban Development and Housing Act

2-Apr-04 Brgy. Lower Bicutan, Taguig

4.3182 Unoccupied NHA * Initial agreements reached between NHA, DENR & DPWH last 2004.

* Draft MOA for review of concerned agencies, was routed.

* Coordinated with DPWH to invite HUDCC in next meeting to discuss IRR instead of MOA.

* DPWH did not push through with the MOA since an internal arrangement between the Employees Union and management of DPWH was reached to organize a cooperative to later administer the housing project. On January 2006 the DPWH cooperative was registered with CDA.

16 PP No. 621 Amending Proclamation No. 361, s. 1994, establishing the Maritime Communications Project Site, situated in Lower Bicutan, Taguig, Metro Manila, by segregating a portion thereof and declaring the same housing site of employees of the Department of Transportation and Communications and its attached agencies

26-Apr-04 DOTC, Maritime Communications,

Proj., Lower Bicutan, Taguig

2.2987 Proposed DOTC

employees housing

site

NHA in coordination with

DOTC

* DOTC called for a meeting once last year to discuss employees' housing.

* MOA signed between NHA/HDMF/DOTC drafted but DOTC is not amenable to NHA scheme as project administrator.

* HUDCC called for a meeting with DOTC representatives to discuss issues pertaining to implementation of proclamation. It was agreed for DOTC to write HUDCC to intervene in the implementation of the executive issuance. To date, DOTC has yet to write HUDCC awaiting further instruction from the undersecretary.


March 17, 1989, which reserved a parcel of land located in Fort Bonifacio, Taguig, Metro Manila for the use of National Mapping and Resource

5-Aug-04 NAMRIA, Fort Bonifacio, Taguig

2.4161 NAMRIA Employees

Housing Site

NHA * Dev't Plan/Subd scheme & other structural design prepared by NAMRIA.

* Actual subd/dv't plan jointly undertaken by NHA.

* Complete delineation of boundary by


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

Information Authority (NAMRIA), by segregating a portion of the land embraced therein and reserving the same as NAMRIA housing site

DENR/LRA/HUDCC/NAMRIA. * Land pricing to be determined by DENR &

NHA for approval by LIAC.

18 PP No. 412 Amending Proclamation No. 430 dated 29 December 2000, by transferring the administration of the Off-Base housing project of the Philippine National Police from the Department of Interior and Local Government to the Housing and Urban Development Coordinating Council and for the purposes

25-Jun-03 Camp Bagong Diwa, Taguig

9.22 Unoccupied PNP Off-

Base Housing

Site

HUDCC * Portion of the area proclaimed for PNP Off-Base Housing was part of PP No. 523 signed on Dec. 29, 2003.

* PNP protested on the issuance of procs on Camp Bagong Diwa. Requested for PP430, 412 and 523 be set aside and for the President to proclaim the area as PNP reservation.

* HUDCC called for a meeting with PNP and DENR to settle the issue. Since PP 523 is already in the disposition process it could not be recommended for revocation.

* It was agreed for the PNP to write DENR, copy furnish HUDCC, to reiterate its request to proclaim portion of the Camp as PNP reservation not including areas covered by PP 523 and the area for off-base housing.

* As of January 30, 2006, the PNP organized a Committee to resolve the issue and pursue its previous recommendation to reserve the area at Camp Bagong Diwa as a PNP reservation. Meeting with PNP Legal Dept. and Engineering Services scheduled on Feb. 1, 2006 was postponed pending resolution by the Committee.

19 MO 119-A Amending Memorandum Order No. 119, series of 1987 which provided guidelines for the implementation of Proclamation No. 172, series of 1987

14-Jul-03 Brgys. of Lower Bicutan, Western

Bicutan and Signal Village,

Taguig

16.00 1,700 DENR * IRR for the disposition of a portion of the farm lot (part of PP172) already approved & signed by representatives of member-agencies.

* Some beneficiaries were already issued titles/TCTs by LMB.

* Execom convened. Beneficiary Selection Sub-Committee convened last Jan. 6.


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

20 EO No. 465 Further amending Executive Order No. 70 dated Feb. 11, 2002 as amended by Executive Order No. 216 dated June 9, 2003 entitled "Declaring portions of the property of the Bases Conversion and Development Authority located in Fort Bonifacio and its Environs as socialized housing sites and providing for the disposition thereof to qualified occupants and beneficiaries", clarifying the transfer of ownership and administration, and defining the duties and roles of the implementing agencies.

3-Oct-05 BCDA Properties,

Taguig

120.00 6,800 NHA * Census and tagging completed in Lupang Katuparan.

* For turn-over administration of LK & BHIT to NHA.

* Under the Special Concerns Group.

21 PP No. 284 Excluding from the operation of Proclamation No. 461, s. 1965, which established the Armed Forces of the Philippines (AFP) Officers Village certain portion of land embraced therein situated in Fort Bonifacio, Municipality of Taguig, Rizal (now Metro Manila) and reserving seven (7) hectares for the AFP Off-Base Housing Program under the Administration of the Housing and Urban Development Coordinating Council (HUDCC), with mixed-use component of thirty (30) hectares under the Administration of the Armed Forces of the Philippines (AFP), and for other purposes

8-Nov-02 AFP Officers Village, Fort

Bonifacio, Taguig

7 hectares (AFP Off-

Base Housing)

30 hectares (Mixed-Use Component)

Unoccupied (approx.

1,715 units)

HUDCC/ AFP * First two (2) MRBs inaugurated last June 17, 2005. Development of area on going.

* Reconstitution of titles of the property in process.

* On-going construction of two (2) buildings & Club House.

22 PP No. 133 Excluding from the operation of Proclamation No. 361 dated 27 April 1994 which established the Maritime Communications Project site, situated in Lower Bicutan, Taguig, Metro Manila, certain portions of land embraced therein and declaring the same alienable and open for disposition to qualified occupants.

10-Dec-01 DOTC Maritime Communications

Project Site, Lower Bicutan,

Taguig

5.48 679 DENR 679 679 * 635 CELAs awarded by DENR to beneficiaries. * 44 CELAs awarded last Aug. 31, 2005 by DENR. * For processing of title with DENR.


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

23 PP No. 627 Amending Proclamation No. 518 series of 1990 by executing certain portion of the land embraced therein situated in Barangay Comembo, Makati City and reserving the same for AFP-Off-Base Housing purposes.

1-May-04 Comembo, Makati City

2.4246 202 NHA 202 202 * For approval of subdivision survey completed. * Beneficiary Selection completed by Army

Real Estate Office (AREO)

24 PP No. 631 Amending Proclamation No. 590 dated March 29, 2004, which reserved a portion of land situated in Paco, City of Manila as housing site of the officials and employees of the Department of Budget and Management (DBM) by declaring the area as site of the DBM officials and employees quarters and placing the same under the Administration and Management of the DBM

6-May-04 DBM Property, Paco Manila

0.5517 Unoccupied DBM * For creation of LIAC


February 28, 1995 which authorized the renewal and development of the Old Bilibid Compound located in Quezon Boulevard and Claro M. Recto Avenue, Manila as Urban Renewal and Infrastructure Development Project under the administration of the Public Estates Authority by transferring the administration and management thereof to the Home Guaranty Corporation

8-Jul-04 Old Bilibid Compound,

Quezon Blvd. & Claro M. Recto,

Manila

mixed housing/

commercial and

intermodal transport

infra projs.

HGC/DENR * Urban Renewal Project * Disposition by Public Bidding.

26 PP No. 145 Declaring a certain parcel of land known as Bataan Shipyard and Engineering Company (BASECO) area situated in Fort Area, City of Manila open for disposition to its actual occupants in accordance with R.A. 730 in relation to the provisions of public land act (C.A. No. 141 as amended

20-Jan-02 BASECO, Port Area, Manila

52.00 6,060 LGU 100 100 * LGU requested for P100M loan from NHMFC for the reclamation of 5 hectares of the property. P80 Million released to the LGU.

* Master Plan formulated by LGU-Manila. 90% already reclaimed.

* Gawad Kalinga constructed 2,005 houses. * Habitat constructed 1,000 houses.


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

27 EO No. 71 Declaring the property of the

Government Service Insurance System (GSIS) located in Pureza, Quintana, Ampil and De Dios Streets, Sampaloc, Manila as socialized housing sites and providing for the disposition thereof to qualified occupants and beneficiaries.

11-Feb-02 GSIS Property, Sampaloc,

Manila

1.51 300 LGU * LGU Appraisal Committee has appraised property at 7k/sq.m which are much lower than the GSIS appraised at 23k/sq,m. However the HOA is petitioning to acquire the land at 1.5k/sq.m. Both proposal of LGU & HOA was submitted to GSIS board for approval.

* Both IRR & Code of Policy for finalization. 28 PP No. 335 Amending Proclamation No. 234

transferring the Administration of the 500,000 sq.m. area of the National Bilibid Prison Reservation under the National Housing Authority

27-Feb-03 National Bilibid Prison, Brgy. Poblacion,

Muntinlupa City

50.00 Unoccupied Proposed socialized housing

site

NHA * The implementation of PP#234 is being held in abeyance pending the formulation of the Master Development Plan for the whole NBP property.

* Allotted for 10,000-12,000 families to be affected by the Southrail rehabilitation & Informal Settler Families living along danger areas of Muntinlupa City.

* About 218 illegal entrants are situated in the area.

29 PP No. 1076

Segregating a certain parcel of land from the coverage of New Bilibid Prison Reservation situated in Barangay Poblacion, Muntinlupa City and reserving the same for housing site purposes as part of Katarungan Village II, a low cost housing program of the Department of Justice

29-May-06

Katarugan Village II Brgy.

Poblacion. Muntinlupa City

1.25 108 DOJ For creation of LIAC

30 PPNo. 1159 Declaring the News Bilibid Prison Reservation located in Barangay Poblacion, Muntinlupa City as government and socialized housing site with mixed-use component and providing for the disposition thereof to qualified beneficiaries and for other useful purposes

8-Sep-06 Muntinlupa City 366.70 HUDCC

31 EO No. 68 Authorizing the National Power Corporation to dispose of its 4.1

20-Jan-02 NAPOCOR Property, Sitio

4.10 2,000 HUDCC * Issue on political jurisdiction is being worked out between LGU Muntinlupa &


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

hectare property located in Sitio Bagong Silang, Sucat, Muntinlupa City to its bonafide occupants.

Bagong Silang, Sucat,

Muntinlupa City

Paranaque. Preparation of IRR on going.

* A MOA is being prepared between HOA and private surveyor to carry-out the boundary & structural survey within the proclaimed site.

* Census & tagging activities for the occupied portion completed.

* Proposed for CMP to be originated by NHA.

32 PP No. 397 Amending Proclamation No. 843 dated April 26, 1971 which reserved the Tala Estate located in Camarin, Caloocan City for various government uses by excluding certain portion of the land reserved for civic center purposes and reserving the same as socialized housing site

2-Jun-03 Civic Center, Camarin,

Caloocan City

14.00 1,200 NHA/LGU 1,200 1,200 * Beneficiary selection by LIAC is on-going. CELAs were distributed by the LGUs on 17 Jan. 2004.

* CELAs awarded by NHA. * Convene LIAC.

33 PP No. 255 Reserving certain parcels of land of the public domain situated at North Bay Boulevard-South Navotas, Metro Manila and declaring the same open for disposition in accordance with R.A. 730 in relation with the provisions of public land act, Commonwealth Act No. 141, as amended

12-Sep-02 Northbay Boulevard,

Navotas

2.00 2,000 DENR 442 1,558 2,000 * For survey, Census/Tagging and boundary survey completed.

* LGU (Barangay to scout) look for relocation site for the more or less 19 families to be affected by the reblocking/subdivision plan.

* LGU (Barangay) to include relocation of said affected families in their next budget request/proposal.

* DENR to come up with land valuation in accordance with DENR Administrative Order # 98-20

34 MO No. 76 Lifting the "Holding in Abeyance" order on the Implementation of Presidential Proclamation No. 770, s. 1996

23-Sep-02 TELOF Property, Pugad Baboy,

Valenzuela

2.00 350 NHA/ TELOF * Awaiting OES endorsement for budget support for PBS tower relocation (22 October 2003/R00167706).

* HUDCC issued a memo on Nov. 2002 assigning NHA as Chairman of the LIAC.

* Meeting last Oct. 26, 2005 attended by HUDCC.


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

35 Presidential Memo to

NHA

Brgy. Pineda, Pasig City 12-Mar-01 Brgy. Pineda, Pasig City

2.89 447 NHA 447 447 * For completion of subdivision survey. * For completion of 5% downpayment to PNR. * Negotiation with PNR on-going for

individual CTS.

36 EO No. 47 Directing the Trustee and the Executive Committees of the Welfareville Development Project to Fast Track the implementation of the socialized housing component of the master development plan of the Welfareville property

26-Oct-01 Welfareville, Madaluyong

116 9,000 DSWD * Welfareville Oversight Committee. * The Welfareville Development Project-

Technical Working Group still waiting convening to fine-tune the Contract of Lease prior to its approval.

* The LGU of Mandaluyong shall submit a certification on the latest fair market value of Parcel 2.

CAR

37 PP No. 573 Amending Proclamation No. 501 dated December 21, 1939 which reserved certain parcels of land located in the City of Baguio for Radio Station purposes by declaring the land embraced therein as Department of Transportation and Communication Region I Office Site and Housing Site Open for disposition in favor of qualified occupants

9-Mar-04 TELOF Property, Pacdal Plaza, Baguio City

0.30 53 NHA/ TELOF * Subdivision plan for completion. * Awaiting submission to the Council for

endorsement/approval.

38 PP No. 613 Amending Proclamation No. 290 dated July 18, 1988 which established the Teachers' Camp Reservation, Baguio City, by excluding from its operation a portion of the land embraced therein situated in Res. Sec. "C" and "F", Baguio City and reserving the same for housing site purposes open for disposition in favor of the actual occupants

20-Apr-04 Teachers' Camp, Baguio City

3.4229 150 NHA * For finalization of structural survey plan. * Pending due to request for amendments of

Proclamation by USEC for Legal Affairs, DepEd Central.


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

39 PP No. 360 Excluding from the operation of Proclamation No. 743, dated October 25, 1934, which established the semi-temperate fruit station reservation of the Bureau of Plant Industry in Baguio City, a portion of the land embraced therein situated in Res. Sec. "K", Baguio City and reserving the same for socialized housing purposes

4-Apr-03 BPI Property, Section "K", Baguio City

0.90 73 NHA * Approved pricing by the association for evaluation by NHA.

* Conditional Contract to Sell (CCS) between NHA and Association signed & notarized on June 19, 2006.

* Association is updated in the payment of monthly amortization.

40 PP No. 520 Excluding from the operation of Proclamation No. 2405 dated March 22, 1985, entitled “Reserving for Military purposes certain parcels of land of the Public Domain, situated in Fort Gregorio Del Pilar, City of Baguio, Island of Luzon otherwise known as PMA Reservation, a certain portion of the land embraced therein and declaring the same open for disposition for AFP Off-Base Housing purposes

17-Dec-03 Fort Gregorio del Pilar, Baguio City

3.31 150 NHA * Project detailed plans completed Cost Estimate by NHA.

* Identification of road Right of Way (ROW) is on-going.

41 PP No. 262 Amending Proclamation No. 396 dated March 31, 1989 reserving for housing project purposes, certain parcel of the land situated in residence section "D", Baguio City and directing the National Housing Authority to directly dispose said property to its bonafide occupants

23-Sep-02 Sec. "D" Baguio City

0.89 25 NHA * Approved pricing by the Committee of NHA. * Awaiting for submission plan approval by

City Council. * 24 lots awarded. 1 lot for award to be

signed by CCS.

42 PP No. 7 Excluding from the operation of the Town site reservation of Baguio City certain parcels of land described in approved survey plan SWO-131102-000238 and plan SWO-131102-000239, Res. Sec. "K", Baguio Town site, Baguio City, Island of Luzon, Philippines, and declaring the same open to disposition under the provisions of Republic Act No. 730, in relation to Chapter XI of the public land

15-Feb-01 Lower Quirino Hills and Quezon Hills, Res. Sec. "K", Baguio City

49.39 2,500 DENR * 113 families/applicants covered under Proc. No. 7 were issued an order of award by CENRO.


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

Act. 43 EO No. 64 Declaring the property of the Bases

Conversion and Development Authority located in Scout Barrio, Baguio City as housing site and providing for its disposition to bonafide occupants

18-Dec-01 Scout Barrio, Baguio City

15.90 163 BCDA 104 59 163 * 104 home lots are already awarded. * Individual title already completed

submitted by Register of Deeds (RD) to BCDA.

REGION III

44 PP No. 607 Amending Proclamation No. 173 dated March 31, 1950, which reserved a certain parcel of land of the Public Domain located in Tarlac, Tarlac for constabulary purposes by excluding and reserving a portion therein for PNP Off-Base Housing Site

19-Apr-04 PNP Off-Base Housing, Tarlac,

Tarlac

6.2841 NHA 55 145 200 * Funding for the land development will be drawn from the Local Housing fund of Cong. Nonoy Aquino. NHA is presently conducting the bidding for the said activity. About 285 lots will be generated with an average lot size of 100-120 sq.m. The PNP housing project will jointly undertaken by the Gawad Kalinga and the PNP. AFPSLAI has already released Php 6M for the construction of 200 units and an additional Php 1M was provided by the Provincial Gov't of Tarlac for the project.

* PNP to handle beneficiary selection of active PNP personnel.

* About 350 active, retired and civilian PNP employees will benefit from the housing project.

45 PP No. 635 Amending Proclamation No. 361-A dated March 7, 1968, as amended by Proclamation No. 371 dated May 6, 2003, which established the Military reservation in Bataan, by excluding a portion of the land embraced therein and reserving the same as site of the Department of National Defense-Government Arsenal/Armed Forces of the Philippines (DND-GA/AFP) Off-Base Housing

14-May-04

DND-Gov't. Arsenal Lamao, Limay, Bataan

30.00 15 has. Occupied &

15 has. unoccupied

(approx. 1800

families)

DND 1,500 1,500 * IRR has been finalized and submitted to DND for approval. Since there has been no response from the DND on the IRR, HUDCC has written DND Sec. Cruz requesting DND to fast track the approval of the IRR so that the LIAC can proceed with the implementation of the project.

* Awaiting final schedule for signing by heads of member-agencies.

* About 1,500 employees of the Government Arsenal (GA) and active military personnel assigned at the GA will benefit from the project.


FINAL REPORT





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No. of CELAS

awarded

CELA for

Award Total REMARKS

46 PP No. 418 Reserving certain parcels of land of the government for housing site purposes located in Barangay Camp Tinio, Cabanatuan City, Island of Luzon and declaring the same open for disposition in favor of the AFP personnel and actual occupants thereof

30-Jun-03 Camp Tinio, Cabanatuan City

34.91 1,100 DENR 586 586 * A total of 1,052 lots will be generated with an average lot size of 300 sq.m.

* To date, a total of 586 CELAs have been awarded.

* Pricing for the lots is still being finalized by the LIAC.

* There is proposal to amend PP 418 to include an additional one hectare of public land to be devoted as Off-Base housing site for active military personnel of Camp Tinio. The proposed amendment is being prepared by DENR Region III.

* LIAC to thresh-out issues/concerns relative to disposition & adverse claims.

47 PP No. 1033-A

Amending Proclamation No. 1033, dated 13 March 2006, transferring the Administration of the Office-Base Housing Project to the Armend Forces of the Philippines represented by the Philippine Army and modifying the mode of disposition pursuant to Republic Act 730, in relation to pertinent provisions of Commonwealth Act 141 or the public land act, as amended

16-Oct-06 Gen. Tinio, Sta. Rosa, Laur and Gabaldon & City

of Palayan, Nueva Ecija & Dingalan, Prov.

Of Aurora

2,000.00 6,000 NHA 20 5,980 6,000 * An Inter Agency Committee was created composed of HUDCC, DND/AFP/Philippine Army, DENR, NHA and HDMF and several meetings had been conducted in relation to the implementation of the Philippine Army Off-Base Housing Project.

* A draft IRR and MOA was prepared for comments/recommendations from member-agencies.

* About 20 CELAs had been initially awarded to qualified beneficiaries of the project.

48 PP No. 231 Establishing the Dapdap Resettlement

site for the Mount Pinatubo Victims in the Municipality of Bamban, Province of Tarlac by excluding a certain portion of land from the operation of Proclamation No. 163 dated 03 April 1993 which established the Clark Special Economic Zone

12-Aug-02 Dapdap Resettlement Site, Tarlac

166.00 3,600 NHA * IRR completed. * Cong. Lapuz filed bill to Congress seeking

to declare the entire area as alienable and disposable land.

* Ongoing preparation of OCTs by the DENR (To date 56 OCTs had been processed).

* Last 13 January 2005 a total of 55 TCTs


FINAL REPORT





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AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

has been awarded to the Pinatubo beneficiaries.

REGION IV

49 PP No. 817 Amending Proclamation No. 2017 dated 19 September 1980 by excluding a parcel of land of the public domain from the Cavite Economic Zone situated in the Municipality of Rosario, Province of Cavite, and declaring the same as alienable and disposable to serve as permanent relocation site of displaced farmers due to the proclamation and development of the zone

5-Mar-05 Brgy. Tejero, Rosario, Cavite

9.11 127 Cavite

Farmers Foundation,

Inc.

DENR/ PEZA * LIAC convened. * PEZA informed HUDCC that preparation

for IRR and creation of LIAC is no longer needed since the disposition of lots to the farmers had already been done.

50 PP No. 526 Reserving for residential purposes certain portions of the lots covered by transfer certificate of title (TCT) Nos. 127409 & 416720 issued in the name of the Republic of the Philippines under the administration of the Department of Public Works and Highways (DPWH), situated in Barangay Dela Paz, City of Antipolo, Island of Luzon, and declaring the same open for disposition under the provisions of Act 3038, in relation to the provisions of CA 141, otherwise known as the Public Land Act, as amended

5-Jul-04 Brgy. Dela Paz, Antipolo City

2.68 375 DPWH * IAC met once. * Proclaimed without DPWH concurrence. * DPWH submitted position paper to OP

opposing the implementation of Proc. Since the area is earmarked for exclusive utilization and devote said property for the construction of road & parks and shall clear the subject property of all illegal occupants and illegally constructed and improvements.

51 PP No. 530 Amending Proclamation No. 188 dated August 28, 1937 which reserved a parcel of land of the Public Domain situated in Barrio Tiniguiban, City of Puerto Princesa, Province of Palawan, for Military purposes by excluding a certain portion thereof for residential purposes

16-Jan-04 Bo. Tiniguiban, City of Puerto

Princesa, Palawan

17.98 600 DENR HUDCC heads the LIAC

600 600 * LIAC convened. * IRR signed. * Code of Policy adopted. * Subdivision plan being finalized.

52 PP No. 537 Excluding from the operation of 19-Jan-04 Bo. Tiniguiban, 5.44 140 DENR HUDCC 140 140 * LIAC convened.


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No. of CELAS

awarded

CELA for

Award Total REMARKS

Proclamation No. 781, series of 1935 which reserved for the Philippine Constabulary (now the Philippine National Police) a parcel of land of the public domain situated in the Barrio of Teneguiban (now Tiniguiban), Municipality (now City) of Puerto Princesa, Province of Palawan, a parcel of land embraced therein and declaring the same open for disposition as socialized housing site under a Usufruct Scheme.

City of Puerto Princesa, Palawan

heads the LIAC * IRR and Code of Policy signed. * Usufruct Agreement being finalized.

53 PP No. 550 Reserving certain parcels of land located in Barangays Lalakay, Bambang and Timugan, all of the Municipality of Los Banos, Province of Laguna, for housing site purposes and declaring the same open for disposition in accordance with the provisions of R.A. No. 274 in relation to the provisions of the public land act.

17-Feb-04 Brgys. Lalakay, Bambang &

Timugan, Los Banos, Laguna

188.3 3,363 DENR HUDCC heads the LIAC

10 300 300 * IRR signed. Code of Policy for finalization. * Subdivision survey of Brgy. Lalakay completed. * Issuance of Free Patent being processed

by DENR. * 300 CELAs for award @ Brgy. Lalakay. * The subdivision plan for Brgy. Lalakay has

been submitted to RD-DENR for approval.

54 PP No. 574 Amending Proclamation No. 275, dated June 20, 1988 which reserved certain parcels of land situated in Barangay Panacan, Municipality of Narra, Province of Palawan, Island of Palawan for Municipal High School and National Government Center Site purposes, by excluding a portion of the land within the National Government Center site and reserving the same for housing site purposes.

9-Mar-04 Brgy. Panacan, Mun. of Narra,

Province of Palawan

199.295 6,975 * IRR signed.

55 PP No. 615 Amending Executive Order No. 46 dated May 28, 1908, by segregating a certain portion of land of the public domain located in Barangay Liwanag, Puerto Princesa City, Palawan and reserving the same open for disposition under the provisions of the Urban

21-Apr-04 Brgy. Liwanag, Puerto Princesa,

Palawan

1.9926 125 DENR HUDCC heads the LIAC

125 125 * LIAC convened. * CELAs awarding completed. * Completion of survey.


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No. of CELAS

awarded

CELA for

Award Total REMARKS

Development and Housing Act (Republic Act No. 7279)

56 PP No. 718 Amending Executive Order No. 67, dated October 15, 1912 which established the Iwahig Penal Colony in Palawan, by segregating portions of the land embraced therein and declaring the same as Civil Reservation for Resettlement and Agricultural sites purposes

19-Oct-04 Sitios Malamig & Bocana, Brgy. Iwahig, City of

Puerto Princesa, Palawan

2,646.87 2,000 LGU HUDCC heads the LIAC

2,000 2,000 * LIAC convened. * Processing of applications. * 2,000 target CELAs for awarding.

57 PP No. 489 Amending Proclamation No. 332 dated June 2000, which declared a certain portion of land within the Camp Reigo De Dios Military Reservation situated in Barangay Tres Cruses and Punta, Municipality of Tanza, Province of Cavite open for disposition for the AFP Off-Base housing program by modifying its technical description and the mode of disposition thereof from that under Republic Act No. 730 to that provided by Act No. 1120 otherwise known as "the friar lands act" dated 26 April 1904, as amended.

22-Oct-03 Camp Reigo de Dios, Tanza,

Cavite

22.34 Unoccupied AFP Off-

Base

DENR * Constructed units Phase 1 - 164 units and Phase 2 - 65 units, total of 229 units.

* On-going construction - 23 units. * Occupied 11 units.

58 PP No. 436 Declaring certain parcels of land for government institutions and facilities and housing sites of government employees and the Lucena City Urban Poor, situated in Barangay Ibabang Iyam, City of Lucena, Province of Quezon, Island of Luzon

11-Aug-03 ATO Property, Brgy. Ibabang Iyam, Lucena City, Quezon

18.40 1,030 DENR 318 212 530 * IRR was approved by all stakeholders on 14 April 2004.

* A total of 318 CELAs have been awarded to qualified beneficiaries.

* 212 CELAs have been submitted to DENR-PENRO for endorsement to DENR-RED.

* Pre-qualification of 3rd priorities (renters & sharers) have been completed. List was endorsed to the LGU for final approval based on Sec. 17 of RA 7279.

* 712 for award


FINAL REPORT





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No. of CELAS

awarded

CELA for

Award Total REMARKS

59 EO No. 59 Authorizing the Fil Oil Development and Management Corporation to segregate and dispose of its properties in Noveleta and Rosario, Cavite to its bonafide occupants

10-Dec-01 FILOIL, Noveleta and Rosario,

Cavite

25.38 3,000 PNOC/ FIL OIL

300 2,457 2,757 * Of the target 500 housing units, 141 housing units were constructed & occupied by beneficiaries.

* As of March 2005, a total 1,950 lots were awarded of which 8 are Commercial lots.

* Structural surveys completed & approved by LGU of Rosario Cavite.

* To date, 400 CELAs have been awarded out of the 2,800 qualified beneficiaries.

60 MO No. 72 Directing the Department of Justice (DOJ) to investigate the reported irregularities in the titling of lands on portions of the Lungsod Silangan Town site reservation, located in the Province of Rizal, and directing the HUDCC to explore and recommended possible tenurial arrangements for their legitimate occupants and for other purposes

9-Sep-02 Lungsod Silangan,

Antipolo, Rizal

20,312 50,000 (estimated

No. of ISFs)

NHA/DOJ * HUDCC proposed a joint survey between DENR and LRA on priority areas in Antipolo City. Meeting to be held on 12 Jan. 2006.

61 EO No. 503 Declaring certain parcels of land owned by the Philippine Charity Sweepstakes Office located at Taytay, Rizal covered by transfer Certificates of Title Nos. 502158 and 502159, and at the Antipolo City, covered by transfer certificate of title no. (N-49660)-RT-5, as housing sites, and providing for its development and disposition to qualified employees

2-Feb-06 Taytay, Rizal & Antipolo City

3.9 &

5.2

700 PCSO/ HUDCC For creation of LIAC

62 PP No. 1160 Amending Proclamation No. 458 dated August 29, 1994, "Reserving the foregoing twenty parcels of land at Manggahan Floodway Complex for the construction of medium rise socialized and low cost housing project and its allied structures for the benefit of some 6,700 urban poor families and the deserving landless-homeless

17-Oct-06 Municipality of Cainta and

Taytay, Rizal and portion of the City of Pasig,

MM

6,700 HUDCC


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No. of CELAS

awarded

CELA for

Award Total REMARKS

employees of the provincial government of Rizal"

63 EO No. 137 Declaring six (6) parcels of land of the Industrial Technology Development Institute (ITDI) situated in Brgy. Molino, Municipality of Bacoor, Province of Cavite as housing site for the ITDI and DOST employees

21-Oct-02 ITDI Property, Bacoor, Cavite

24.44 Unoccupied ITDI-DOST Employees

Housing

ITDI * Terms of reference for the conduct of bidding presented by HUDCC to ITDI in Dec. 2005 for their review and comments. ITDI is initially inclined to allow HUDCC to undertake the conduct of bidding. ITDI's official response shall be forwarded to HUDCC on its scheduled meeting on the 3rd week of January 2006

64 EO No. 150 Authorizing the Metropolitan Waterworks and Sewerage System (MWSS) to dispose of certain portions of the Right-of-Way of its abandoned aquaduct, known as Daang Tubo, situated at the Municipalities of San Mateo and Rodriguez, Province of Rizal, in favor of the bonafide family-occupants thereon for socialized housing purposes

18-Nov-02 Daan-Tubo, Balara-

Montalban Aquaduct

13.50 1,500 NHA 700 800 1,500 * On-going discussion on pricing. * HOA registered with HLURB. * Stoppage of boundary survey activity due

to financial constraints. * Pledge of funding support for boundary

survey activity from Cong. Rodriguez did not materialize.

REGION V

65 PP No. 653 Amending Proclamation No. 26 dated July 9, 1920 which reserved certain parcels of land, located in Brgy. Sagpon, Daraga, Albay for school purposes, by segregating a portion of the land embraced therein and reserving the same for housing purposes open for disposition in favor of the actual occupants

25-Jun-04 Brgy. Sagpon, Daraga, Albay

17.476 NHA HUDCC heads

the LIAC

For creation of LIAC. LGU intends to seek for amendment of proclamation designating LGU as the administrator.

66 EO No. 90 Declaring a certain parcel of land owned by the Department of Public Works and Highways located in San Vicente, Bulan, Sorsogon as socialized housing site and providing for its disposition to bonafide occupants thereon

1-Apr-02 DPWH Property, Bulan, Sorsogon

13.46 700 HUDCC 700 700 * LIAC convened. * Deed of Assignment with DPWH for signature. * MOA for signature of Heads of concerned

agencies. To date, the MOA and conveyance of property (Deed of


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No. of CELAS

awarded

CELA for

Award Total REMARKS

Assignment) were sent to DPWH for approval

67 PP No. 40 Declaring the unutilized PNR lands in

the Province of Albay and City of Legaspi as socialized housing sites

7-May-01 PNR Non-Core Properties, Albay

47.00 4,674 HUDCC 1,500 3,174 4,674 * LIAC convened. * Census & tagging completed. * Survey works on-going. CA lack funds to

pay the private surveyor. * 1,500 awarded. * 3,174 for awarding. * Pricing of lots awaiting confirmation of

PNR Board Secretary. * For review of Code of Policy (per

Municipality/City) REGION VI

68 PP No. 579 Amending Proclamation No. 11 dated November 19, 1936, which designated the entire San Pedro Military Reservation as Philippine Army Post by segregating certain portions of the land embraced therein, Barangays Veterans' Village and Sto. Rosario, Iloilo City, and reserving the same for socialized housing purposes open for disposition in favor of the actual occupants under the provisions of R.A. 7279, otherwise known as the Urban and Housing Development Act

18-Mar-04 Brgys. Veterans' & Sto. Rosario,

Iloilo City

4.02 500 NHA HUDCC heads

the LIAC

* LIAC convened. * Census & tagging done by NHA &

ICUPAO. Perimeter survey being processed for approval.

69 PP No. 580 Reserving certain parcels of land of the

Public Domain situated in Barangays Concepcion and General Hughes, City of Iloilo as socialized housing site open for disposition in favor of the qualified beneficiaries under the administration of the National Housing Authority

18-Mar-04 Brgys. Concepcion & Gen. Hughes,

Iloilo City

5.51 500 NHA HUDCC heads

the LIAC

* LIAC convened. * Census & tagging done by NHA and ICUPAO. * Perimeter survey being processed for approval.


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

70 PP No. 659 Amending Proclamation No. 503 (series of 1965), as amended by Proclamation No. 454, (series of 1965), which reserved certain parcels of land located in Iloilo City for Central Bank Site purposes, and reserving the same for socialized housing purposes open for disposition in favor of the actual occupants under the provisions of R.A. 7279, otherwise known as the Urban and Housing Act.

8-Jul-04 Iloilo City 2.2477 233 NHA HUDCC heads

the LIAC

* LIAC convened. * Development options for discussion.

71 PP No. 419 Reserving certain parcels of land of the Public Domain situated in Brgys. Caingin, La Paz, City of Iloilo as socialized housing site open for disposition in favor of the qualified beneficiaries.

22-Nov-02 Brgy. Caingin, La Paz, Iloilo City

7.508 has. 327 NHA * On-going consultation activities with beneficiaries and preparation of subdivision and re-blocking plan.

* Special Patent No. 3639 already issued. * Titling in the name of NHA is in-process. * Lot assignments issued to 136

beneficiaries.

72 AO No. 109 Proclamation amending Proclamation No. 131 s. 2001 by transferring the administration of the socialized housing site reservation to the National Housing Authority and providing for its disposition to bonafide occupants in accordance with the provisions of Republic Act No 7279, otherwise known as the Urban Development and Housing Act

19-Oct-04 Brgy. VI-A, Victorias City

Negros Occidental

41.30 1,000 NHA 136 136 * PP 378 amended by AO 109, conveying the property from NHA to LGU.

* Requirements for application for special patent being gathered by NHA and to be presented by the LGU.

* 136 CELA Awarded.

73 PP No. 748 Reserving a certain parcel of land of the public domain situated in Barangay of Singcang, City of Bacolod, Negros Occidental for socialized housing site purposes under the administration of the National Housing Authority and declaring the same open for disposition in favor of the qualified beneficiaries.

13-Dec-04 Brgy. Singcang, Bacolod City,

Negros Occidental

1.33 205 NHA * LIAC meeting conducted twice with NHA and representatives.

* LIAC meeting set every second Tuesday for the month.

* Perimeter survey to determine the area for Special Patent will be conducted by a private surveyor. The LGU together with NHA will conduct census & tagging.

74 PP No. 1056 A Proclamation declaring a parcel of 12-May- Sitio Binakay, 161.27 5,644 DENR * On-going preparation of IRR.


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No. of CELAS

awarded

CELA for

Award Total REMARKS

land of the public domain in Sitio Binakay, Barangay Talacdan, Municipality of Cauayan, Province of Negros Occidental, Island of Negros, as civil reservation for housing and resettlement sites purposes to be implemented through the Kapit-Bisig Laban sa Kahirapan in conflict areas (KALAHI-CA)

06 Brgy. Talacdan, Mun. of

Cauayan, Prov. Of Negros Occidental

75 PP No. 881 Declaring a certain parcel of land of the public domain situated in the City of Bais, Negros Orriental, as civil reservation for socialized housing site purposes

28-Jul-05 Bais City, Negros Orriental

15.6 280 LGU 280 280 * Socio-Eco Survey and Census Tagging are completed.

* CELA distribution for schedule, pending the President's availability.

76 PP No. 346-A

Amending Proclamation No. 346 dated March 25, 2003, which reserved a parcel of land of the Public Domain situated in Barangay Canjulao, City of Lapu-Lapu, Island of Mactan, Province of Cebu for urban development and socialized housing site purposes, by transferring its administration from the National Housing Authority to the City Government of Lapu-Lapu and designating the City Government of Lapu-Lapu as chair of the Local Inter-Agency Committee tasked to prepare the implementing rules and regulations.

20-Apr-04 Brgy. Canjulao, Lapu-Lapu City

25.23 2,000 LGU * IRR is yet to be approved by the LIAC. * No development introduced in the

proclaimed site. * The proclaimed area if fully developed

may accommodate more or less 2,000 families.

77 PP No. 409 Declaring certain parcels of land situated in Brgy. Apas, Cebu City as socialized housing sites under Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992, and for other purposes

23-Oct-03 Brgy. Apas, Cebu City

32.27 2,500 NHA 200 200 * Survey returns of Lot 950 and Lot 1035 submitted to DENR for approval.

* Province of Cebu filed a case against Central Command, AFP and Republic of the Philippines for the recovery of the 47 parcels of land.

* The proclaimed area is fully developed to accommodate more or less 2,500 families.

78 Deed of Brgy, Sambag II, Cebu City 21-Oct-02 Brgy. Sambag II, 5.6 950 NHA 950 950 * DOH is in the process of transferring the


FINAL REPORT





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No. of CELAS

awarded

CELA for

Award Total REMARKS

Coveyance between DOH and

NHA

Cebu City title to NHA.

79 Deed of

Coveyance between DOH and

NHA

Brgy. Carreta, Cebu City 21-Oct-02 Brgy. Carreta, Cebu City

4.2 450 NHA 450 450 * NHA has requested the Register of Deeds to reconstitute the lost title.

80 EO No. 136 Directing the Department of Social

Welfare and Development to dispose of 1,177 sq.m. of its property in Barangay Labangon, Cebu City to its bonafide occupants

21-Oct-02 DSWD Property, Labangon, Cebu

City

0.11 30 DSWD in coordination w/HUDCC

30 30 * The price of the lot offered by DSWD to beneficiaries at P2,500 per square meter.

* Beneficiaries sought assistance re: references in mode of acquisition either thru CMP or direct purchase from DSWD on an installment basis.

81 PP No. 278 Excluding from the operation of

Proclamation No. 200-A, s. 1967, which reserved for national improvement purposes, a certain portion of land embraced therein located at Brgy. Duljo Fatima, Cebu City and declaring the same open for disposition to its bonafide occupants

22-Oct-02 Brgy. Duljo Fatima, Cebu

City

4.7 700 DENR 700 700 * City of Cebu to acquire the 8 meter Right of Way of the proclaimed area.

* On-going survey structures affected by re-blocking.

82 EO No. 539 Authorizing the Department of Public

Works and Highways-Region VII to dispose of its property situated in Dumlog, Talisay City, Province of Cebu as relocation site and for other purposes

4-Jul-06 Dumlog, Talisay City, Prov. Of

Cebu

0.7933 96 LGU/ HUDCC

REGION VIII

83 PP No. 611 Reserving certain portions of the Military Reservation located in Barangay Airport Village Catarman,

20-Apr-04 Brgy. Airport Village,

Catarman,

3.0501 200 NHA 200 200 * Socio-Eco Survey and Census Tagging are complete.

* For funding of site validation for


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No. of CELAS

awarded

CELA for

Award Total REMARKS

Nothern Samar, for socialized housing site purposes and declaring the same open for disposition in favor of the actual occupants

Northern Samar qualification of beneficiaries.

84 PP No. 694 Reserving certain parcels of land of the Public Domain located in Barangay Campoyong, Municipality of Guiuan, Province of Eastern Samar, Island of Samar for resettlement project site purposes under the administration of National Housing Authority

17-Aug-04 Brgy. Campoyong,

Guiuan, Eastern Samar

4.346 608 NHA * Proposed resettlement site of NHA for families living in danger areas.

* Bensel with LGU on-going. * Preparation of subdivision plan on going.

REGION IX

85 PP No. 768 Reserving a parcel of land located in Ipil Heights, Ipil, Zamboanga Sibugay as housing site of DENR Region IX employees and officials

24-Jan-05 Ipiil Heights, Ipil, Zamboanga

Sibugay Province

70.7 3,300 DENR-IX

Employees' Housing

DENR * Final draft of IRR already forwarded to DENR Central Office.

86 PP No. 531 Declaring certain parcels of land of the public domain located in San Jose Gusu, Zamboanga City as socialized housing site, providing for their disposition to their actual bonafide occupants, and placing them under the administration of the National Housing Authority, in accordance with the provisions of Republic Act No. 7279 and Executive Order No. 131 series of 2002

16-Jan-04 Armor Village, San Jose Gusu, Zamboanga City

8.15 413 NHA 413 413 * PALC application for approval with CPDO. * Lot 381 for verification if private or

government so that Special Patent in favor of NHA can be processed.

* Final draft of the IRR for approval.

87 PP No. 542 Reserving a certain parcel of land located in Sicayab-Bucana, Dapitan City for resettlement site purposes under the Administration of the City of Government of Dapitan

28-Jan-04 Sicayab-Bucana, Dapitan City

3.33 300 LGU * Area will not be a housing site but instead the LGU will request that this be an Economic Zone. Housing in this area will be transferred to another site in Brgy. Polangon. LGU will follow up amendment of the Proclamation from resettlement to an Economic Zone.

88 PP No. 589 Repealing Proclamation No. 614, dated 29-Mar-04 PNP, Brgy. 0.55 900 NHA * Survey works for publication for bidding.


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No. of CELAS

awarded

CELA for

Award Total REMARKS

September 5, 1933 which reserved a parcel of land of the public domain located in Barangay Dumagok, Labangan Municipal District (now actually under the Territorial Jurisdiction of Pagadian City), Zamboanga Del Sur, for the use of the Philippine Constabulary and declaring the parcel of land embraced therein for housing site purposes open for disposition in favor of the bona fide occupants in accordance with the provisions of Republic Act No. 7279, otherwise known as the Urban Development & Housing Act

Dumagok, Labangan,

Zamboanga del Sur

Request for Special Patent with DENR. For finalization and approval of the IRR.

89 EO No. 315 Authorizing the Telecommunications Office (TELOF) to dispose a certain parcel of land located in Talon-Talon, Zamboanga City as housing site for Telof Employees

21-May-04

TELOF, Talon-Talon,

Zamboanga City

2.3112 117 TELOF

employees housing

site

TELOF in coordination w/HUDCC

* For completion of all documentary requirements. * Application of GSS with Bureau of Mines

and ECC. * PALC application requirements with

CPDO.

REGION XI

90 PP No. 604 Amending Proclamation No. 20 s. 1926 which reserved certain parcel of land situated in the City of Davao for wireless station purposes by excluding from its operation the unutilized portions of the land embraced therein and declaring the same open for disposition in favor of the actual occupants under the provisions of the Public Land Act, as amended

13-Apr-04 DOTC Property, Malvar, Davao

City

2.6626 138 DENR 138 138 * Census & tagging completed. * Survey works completed. * 29 applications were submitted to CENRO II. * CELA was awarded. * Need to request Engr. Ceniza of CENRO

XI to give time to Pres. Proc. areas as their priorities are farmlands.

91 PP No. 261 Amending Proclamation No. 297 dated December 15, 1951 which reserved certain parcels of land of the private domain of the government located in Ma-a, Davao City for radio station site purposes under the administration of

23-Sep-02 DOTC Property, Ma-a, Davao City

8.98 460 DENR 460 460 * Census & tagging completed. * Survey activities are on-going and only

10% is unsurveyed. * The re-issuance of title is completed. * Subdivision of lots for Register of Deeds


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No. of CELAS

awarded

CELA for

Award Total REMARKS

the director of Telecommunications by excluding certain portion of the land embraced therein and declaring the same open for disposition in favor of the actual occupants.

(RD). * Segregation of lots to be returned, lots for

disposition. * LMS-DENR XI shall undertake disposition

after the survey plan is completed and approved.

92 PP No. 130 Declaring certain parcels of land of the public domain situated in Barangay Ilang, Bunawan District, Davao City as socialized housing site for disposition to bonafide occupants in accordance with Republic Act No. 730, in relation to the provisions of the public land act (C.A. No. 141, as amended)

5-Dec-01 Brgy. Ilang, Bunawan

District, Davao City

18.46 400 DENR 400 400 * The proclaimed area is affected by road widening from 30m to 60m as specified by DENR.

* The survey of dry land has been completed.

* Processing of documentary requirements for reclamation permit on seashore is still on-going.

REGION XII

93 PP No. 538 Excluding from the operation of Proclamation No. 120, s. 1936, which established a Military Reservation, certain parcels of land located in the Municipality of Glan, Sarangani and declaring the same as socialized housing site under the administration of the National Housing Authority and providing for its disposition to actual bonafide occupants in accordance with the provisions of RA 7279, s. 1992 and EO No. 131 s. 2002

20-Jan-04 Glan, Saranggani

2.00 300 NHA 300 300 * NHA completed census & tagging. * NHA applied for Special Patent to DENR. * Sec. of DENR to issue the SP and copy is

forwarded to RD in Gen. Santos City. * NHA XII conducted trial land segregating

of lot no/block no. * NHA has allocated a budget for survey to

convene. *Survey works completed before October

2006.

94 PP No. 1049 Amending Proclamation No. 1984 dated November 23, 1978 which established the Camp Robert Edward Lucero Military Reservation located in Barangays Poblacion and Nasapian, Municipality of Carmen, Province of Cotabato, Island of Mindanao, by segregating portions of the land embraced therein and reserving the same for socialized housing site

7-Apr-06 Brgys. Poblacion & Nasapian,

Municipality of Carmen,

Province of Cotabato

20.00 1400 HUDCC/ NHA * Initial LIAC meeting last June 28, 2006 did not push through because Mayor Rogelio S. Talino begged off to give them time to ask for amendment of the Proclamation.

* The LGU called the HUDCC-DRO and requested for postponement of meeting.

* HUDCC and NHA plan to visit the Mayor on July 17, 2006 to discuss their complaints to PP#1049.


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

purposes CARAGA

95 PP No. 403 Declaring a parcel of land of the public domain located in Purok 6, Diatagon, Lianga, Surigao Del Sur as socialized housing site under the Administration of the National Housing Authority and providing for its disposition to bonafide occupants in accordance with the provisions of Republic Act No. 7279 (Urban Development & Housing Act)

16-Jun-03 Purok 6, Diatagon,

Lianga, Surigao del Sur

27.39 250 NHA 250 250 * Census & tagging completed. LIAC created and convened on Oct. 7, 2003.

* Title still with BIR. For follow-up by NHA. * Subdivision survey budget for approval by

NHA. * Code of Policy for approval/conforme by

NHA Central. * No response from BIR on transfer of title. * 250 for award.

96 PP No. 68 Reserving for Barangay housing site purposes a certain parcel of land of the public domain situated in Barangay Caasinan, Municipality of Cabadbaran, Province of Agusan Del Norte, Island of Mindanao

27-Jun-01 Cabadbaran, Agusan del Norte

17.55 1,500 DENR * Site is a mangrove area. * FLA awarded to a private claimant. LGU

coordinated with DENR to implement Proclamation.

* For investigation by LMB.

SELECTED AREAS

97 EO No. 98 Declaring the available lands of the southern Philippines Development Authority (SPDA) as socialized housing sites

2-May-02 SPDA Properties 67.00 1,200 SPDA in coordination w/HUDCC

* Sasa Urban HOA (SUHA) applied for CMP. Updated masterlist was submitted to NHMFC.

* Mr. Leyretana of SPDA/MPDF did not agree that the Catitipan HOA be turned over to NHA. They want the CAHOA to apply for CMP financing so that they could recover the cost of property faster.

* MPDF did not issue Intent to Sell to Upper Panacan HOA on their property located at Malagamot, Panacan, Davao City.

98 EO No. 48 Declaring Non-Core properties of the Philippine National Railways (PNR) as socialized housing sites and providing for the disposition of the same to bonafide occupants

26-Oct-01 PNR Non-Core Properties

1,165 65,000 HUDCC 2,890


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

1. Cavite - Noveleta 936 936 CELA Awarded - Bacoor 600 Dialogue with LGU & beneficiaries

conducted 2. Los Banos, Laguna 250 For CELA awarding 3. Alaminos, Laguna 2,200 For CELA awarding 4. Magdalena, Laguna 1,300 1,300 CELA Awarded 5. Nagcarlan, Laguna 840 Census & tagging completed 6. Liliw, Laguna 450 Census & tagging completed 7. Calauan, Laguna 1,000 On-going census & tagging operation 8. San Pablo City 440 For CELA awarding 9. Gulang Gulang, Lucena 155 For CELA awarding 10. San Pablo City 440 Census & tagging completed 11. Caloocan City - 2nd to 10th Avenue 4,902 Completed. Beneficiaries already paying

their - Bisig Ng Kabataan 831 monthly amortization to NHA 12. Lipa, Batangas 1,532 For CELA awarding 13. Pineda, Pasig City 496 For CELA awarding 14. Sto. Nino, Paranaque City 156 For CELA awarding 15. Urobal, Taguig City 410 410 Completed up to titling. Beneficiaries

paying directly to PNR 16. Sta. Ana, Pampanga - San Juan 234 234 CELA Awarded - San Isidro 285 285 CELA Awarded - San Pedro 175 175 CELA Awarded - Santiago 185 185 CELA Awarded 17. Mabalacat, Pampanga 2,500 For CELA awarding 18. Magalang, Pampanga 357 For CELA awarding 19. Mexico, Pampanga On-going census & tagging operation 20. San Fernando, Pampanga


FINAL REPORT





LEAD IMPLEMENTING

AGENCY

No. of CELAS

awarded

CELA for

Award Total REMARKS

- Sitio Virgen De Dios 500 For final survey 21. Pangasinan - San Quintin On-going census & tagging operation - Rosales On-going census & tagging operation 22. Baguio City - San Roque 64 CELA awarded - San Luis 94 CELA awarded 23. San Fernando, La Union - Sevilla Property 200 Contested with claimants

T O T A L 18018 21496 53902


FINAL REPORT


ANNEX C

DPUCSP Secure Tenure Options

Form of Secure Tenure Instrument Description

Freehold

Original or transfer certificate of title

Torrens title issued by the Register of Deeds evidencing absolute ownership of real property

Interim title – deed of absolute sale, tax declaration, patent

Duly executed contract or legal instrument issued by the appropriate government agency conveying ownership and title to real property or recognizing ownership, but without a Torrens title

Interim title – conditional sale, contract to sell, order of award

Duly executed contract or legal instrument issued by the appropriate government agency indicating conditional sale or conveyance of real property to be perfected upon full payment of the purchase price and/or the fulfillment of other conditions

Usufruct

Usufruct deed or agreement

Duly executed contract executed by the owner of the property granting the usufructuary/ beneficiary/ client the right to use, possess, and enjoy the real property including its fruits and other rights or benefits

Leasehold

Long-term lease contract

Duly executed contract granting the lessee the right to use and possess the real property for a fixed long-term period in consideration for rental payments

Lease-to-own Duly executed contract granting the lessee the right to use and possess the real property for a fixed period with rental being credited as payments for the purchase of real property

Lease with option to buy Duly executed contract granting the lessee the right to use and possess the real property for a fixed period with an option to purchase the property on or before an exercise date

Right to occupy and/or build

Certificate of eligibility for lot acquisition, certificate of personal qualification, certificate of inclusion in master list of eligible beneficiaries, owner’s consent or permission

(1) Certification validly issued by the appropriate government agency stating that the borrower/ client has the right to occupy, build and/or acquire the property he/she is possessing being an eligible beneficiary of a public or private social housing program or a Presidential proclamation, or (2) certification or written acknowledgment from the owner of the property that the borrower/ client has the owner’s consent and permission to occupy and build on such property


FINAL REPORT


ANNEX D

Urban Land Reform Conference: Distribution of Secure Tenure Through Rights-Based Approaches

Strategy Tasks/Activities Responsible Agencies

1. Advocate for rights-based approaches to secure tenure. Develop mechanisms for interim/qualified titling and registration for pro-poor housing

Determine and issue rights-based instruments that are valid, necessary, appropriate and recognizable for the government to accelerate the distribution of secure tenure to the poor Guidelines:

- The ultimate goal is secure tenure (not necessarily formal or final title).

- Use as a framework the existing laws, regulations, procedures and processes (as applicable) for orders of award, patents, CELAs, CLOAs, and recognition of property rights over forest lands

- Determine when vested property rights are conferred and when can these be recognized, registered and transferred

- The conferment of beneficiary rights must be matched with the assumption of corresponding obligations.

- Adopt an incremental approach to secure tenure (i.e., what rights are being conferred or recognized at certain times vis-a-vis what instruments are appropriate)

- Distribution of secure tenure should be done through a community-driven, participatory planning and settlement approach

Establish institutionalized links and working arrangements among concerned agencies for the adoption of rights-based approaches and registration of land use rights instruments. Linkages will be among possible rights-based instrument issuing agencies (e.g., DENR, HUDCC), and between such agencies and the Land Registration Authority.

Support/push the passage of the Free Patent Act which extends the grant of

DENR, HUDCC, NHA, NHMFC, LRA, other relevant agencies

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