Legal Research and Thesis Writing 1C JD5 1

[NELLA FAYE A. RICO]

ADDRESSING THE 3AS: AVAILABILITY, ADEQUACY AND AFFORDABILITY

OF THE RESETTLEMENT PROGRAM OF NATIONAL HOUSING AUTHORITY

This thesis assess the National Housing Authority (NHA) Resettlement Program and
provides unsolicited programs and policies for the betterment of further housing programs

Research Materials from

STATUTES AND OTHER LEGISLATIVE MATERIALS

STATUTES/ LEGISLATIVE Overview/Legislative History/Analysis of Other Pertinent

Proper Citation Citation of Reference Relevance
MATERIALS Law/Explanation Materials/Remarks

Republic Act No. 7279 Philippines, Republic Act No. Republic Act No. 7279 or the Urban xxxx This Act discusses UDHA Resettlement xxxx
"Urban Development and 7279 Development and Housing Act (UDHA) of 1992. Program:
Housing Act of 1992" "Urban Development and It was passed to supposedly uplift the
Housing Act of 1992", March 24, conditions of the underprivileged and homeless Resettlement of persons living in danger
AN ACT TO PROVIDE FOR A
citizens in urban areas and in resettlement areas (esteros, railroad tracks, garbage
COMPREHENSIVE AND 1992,
areas through the provision of decent housing dump, riverbanks shorelines and
CONTINUING URBAN <http://www.chanrobles.com/repu
at [an] affordable cost, basic services, and waterways) and public places (sidewalks,
DEVELOPMENT AND blicactno7279.htm#.V_yM9PQrQZ
employment opportunities. Its program, as roads, parks and playgrounds)
w>
HOUSING PROGRAM, stipulated in the law, covers all lands in urban
ESTABLISH THE and urbanizable areas, which includes existing the LGUs, in coordination with the
MECHANISM FOR ITS priority development sites and those which the National Housing Authority, are tasked
IMPLEMENTATION, AND local government identifies as suitable for to provide relocation or resettlement
FOR OTHER PURPOSES socialized housing. sites with basic services and facilities
and access to employment opportunities
sufficient to meet the basic needs of the
affected families.

the law requires that this program be

undertaken within 2 years from the date
of its effectivity
 Legal Research and Thesis Writing 1C JD5 2
[NELLA FAYE A. RICO]

UDHA makes local government units

(LGUs) responsible for being the UDHAs main
implementer. But most LGUs lack the capacity
and resources for shelter and urban
management. The resettlement costs are
increasing, increasing LGUs dependence on
national subsidies. Lack of coordination
between the lead national agency on
resettlement the National Housing Authority
(NHA), LGUs and other national agencies
further hinders the success of resettlement
projects.

Republic Act No. 7835 Philippines, Republic Act No. A pro-poor housing policy with its objectives: xxxx Sec. 4. National Shelter Program xxxx
Comprehensive and 7835 Implementation. Consistent with the
Integrated Shelter " Comprehensive and Integrated (a) Ensure continuous funding support to aforementioned policy and objectives, the
Shelter Financing Act of 1994 ", vigorously implement the government's Housing and Urban Development Coordinating
Financing Act of 1994
programs for urban and rural housing, Council (HUDCC), through the respective
AN ACT PROVIDING FOR A December 16, 1994,
resettlement, the development of sites and agencies, shall intensify the implementation of
COMPREHENSIVE AND <http://www.nha.gov.ph/about_us
services, and the renewal of blighted the vital components of the National Shelter
INTEGRATED SHELTER AND /2015-pdf/RA7835-CISFA.pdf>
areas; Program requiring government budgetary
URBAN DEVELOPMENT assistance as follows:
FINANCING PROGRAM BY (b) Enhance the capability of low-income
INCREASING AND groups to acquire decent and low-cost (a) Resettlement Program. This program
REGULARIZING THE YEARLY housing units through the introduction of shall involve land acquisition and site
APPROPRIATION OF THE support mechanisms and facilities which development by the National Housing
MAJOR COMPONENTS OF shall render affordable such acquisitions; Authority to generate serviced homelots
THE NATIONAL SHELTER for families displaced from sites
earmarked for government
PROGRAM,
infrastructure projects, those occupying
danger areas such as water ways,
esteros, railroad tracks and those
qualified for relocation and resettlement
assistance under Republic Act No.
7279. To sustain this program, the NHA
shall engage in land banking activities to
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[NELLA FAYE A. RICO]

ensure availability of land.

CISFA aims to strengthen, promote, and

support the NSP through regular and higher
annual appropriations. However, a small
percentage of NSP direct housing fund was
released. The shortfall and delays have
affected the capability of the shelter agencies
to increase housing targets for the lowest
income beneficiaries of the NSP.

xxxx
AN ACT ESTABLISHING AN House Bill No. 82 xxxx The bill states that the affected ISFs
ON-SITE, IN-CITY OR NEAR Philippines, House Bill No. 82, shall also be encouraged to organize
CITY RESETTLEMENT Seventeenth Congress, House of Government programs before were focused on themselves into an association for
Representatives, Rep. Alfredo the relocation of informal settlers to areas accreditation as beneficiaries or awardees of
PROGRAM FOR INFORMAL
Albee B. Benitez, outside Metro Manila where they have no access ownership rights under the resettlement
SETTLER FAMILIES IN
<http://www.congress.gov.ph/legis to livelihood and other basic services. The program, community mortgage program, land
ACCORDANCE WITH A
docs/basic_17/HB00082.pdf> scenario is that the ISFs are pushed to go back tenure assistance program, and other similar
PEOPLES PLAN AND programs in relation to a socialized housing
to informal settlements in the urban centers
MANDATING RELOCATING again because of their need to find a source of project actually being implemented by the
LOCAL GOVERNMENT UNITS income for the familys daily needs. This national government or by the local
TO PROVIDE OTHER BASIC measure proposes the adoption of an on-site, in- government units. Moreover, they shall assist
SERVICES AND LIVELIHOOD city or near-city resettlement which upholds the the government in preventing the incursions of
COMPONENTS IN FAVOR OF right to the city of the ISFs. More importantly, professional squatters and members of
THE RECIPIENT LOCAL the bill also promotes the Peoples Plan as a tool squatting syndicates into their communities.
GOVERNMENT UNIT, that recognizes the need for adequate
consultation and participation of the The bill mandates the association to
AMENDING FOR THE
beneficiaries themselves in planning their formulate a Peoples Plan in coordination with
PURPOSE REPUBLIC ACT
resettlement. the PCUP through a process of consultation,
NO. 7279, AS AMENDED,
The Housing and Urban Development which shall contain a site development plan,
OTHERWISE KNOWN AS THE including nonphysical development
Coordinating Council and the Department of
URBAN DEVELOPMENT Finance- Bureau of Local Government finance components such as self-help housing
AND HOUSING ACT OF shall formulate the implementing rules and cooperative, livelihood, self-help development
1992 regulations on the cost-sharing mechanism and capability-building trainings.
necessary to fully implement the provision of
such other basic services and facilities. The relevance of which the bill will
 Legal Research and Thesis Writing 1C JD5 4
[NELLA FAYE A. RICO]

provide adequate social preparation for the

Under the bill, which amends RA 7279, the ISFs under the Resettlement Program of the
Local Government Units (LGUs), in coordination NHA.
with the Presidential Commission for the Urban
Poor, shall afford Program beneficiaries or
affected ISFs or their duly designated
representatives an opportunity to be heard and
participate in the decision-making process over
matters involving the protection and promotion
of their legitimate collective interests.

The relocation plan shall ensure safe,

affordable, decent, and humane condition of
relocation, incorporating appropriate disaster
risk reduction management and climate change
adaption standards.

House Bill No. 1518 xxxx This Act provides attachment of NHA to
AN ACT CREATING THE Philippines, House Bill No. 1518, Department of Housing and Urban
DEPARTMENT OF HOUSING Seventeenth Congress, House of The creation of the Department of Housing and Development. The heads of the attached
AND URBAN DEVELOPMENT, Representatives, Rep. Gloria Urban Development endeavors to consolidate, agencies enters into a performance contract
DEFINING ITS MANDATES, Macapagal Arroyo, rationalize, and coordinate the functions and annually with the designated Secretary, such
<http://www.congress.gov.ph/legis powers of the National Home Mortgage Finance contracts embody the national targets on
POWERS AND FUNCTIONS,
docs/basic_17/HB01518.pdf> Corporation (NHMFC), Home Guarantee housing and urban development and include
AND PROVIDING FUNDS
Corporation (HGC), Home Development Mutual the overall administration of the agency. The
THEREFOR
Fund (HDMF), National Housing Authority department shall act the primary national
(NHA), and Housing and Land Use Regulatory government entity responsible for the
Board (HLURB), which are commonly referred t management of housing an urban
as the key shelter agencies, with the end of development, saying the agency shall be the
establishing an efficient, effective, sole and main planning and policy-making,
comprehensive, and integrated national and regulatory, program coordination and
local housing, planning and urban development performance- monitoring entity for all housing
program aimed at adequately addressing the and urban- development concerns, primarily
basic housing needs and requirement of the focusing on the access to and affordability of
Filipino family. basic human needs. The bill provides the
creation of Social Housing One-Stop
Its powers and functions are: (a) Formulate the Processing Centers, which shall be responsible
 Legal Research and Thesis Writing 1C JD5 5
[NELLA FAYE A. RICO]

national and urban development and housing for the centralized processing and issuance of
policy and strategy that is consistent with the all required housing-related permit, clearances
Philippine Development Plan to promote social and licenses. Thus, additional programs and
and economic welfare, in coordination and policies will be provided by the creation of new
consultation with the stakeholders, local department.
government units (LGUs) and other government
agencies; (2) Develop effective and efficient
financing programs for housing beneficiaries
and developers; (3) Exercise oversight functions,
coordinate, monitor and evaluate the policies
and programs of all its attached agencies; and
(4) Formulate and implement housing policies
and programs for urban poor communities and
ISFs that shall promote the social and economic
welfare of homeless families, particularly the
poor and underprivileged.

MANDATING LOCAL House Bill No. 3195 xxxx This bill will provide a reliable and xxxx
GOVERNMENT UNITS TO Philippines, House Bill No. 3195, sustainable poverty database system is needed
ALLOCATE FOR OTHER Seventeenth Congress, House of This bill lessen the effects of displacement of at the local level with clear and measurable
BASIC SERVICES AND Representatives, Rep. Luis A. informal settlers, the Urban Development and parameters to identify suitable beneficiaries so
Ferrer IV, Housing Act mandates the LGUs to implement that the awarding of home-lots is often ad hoc
LIVELIHOOD COMPONENT
<http://www.congress.gov.ph/legis the socialized housing or resettlement project and politically independent. Tracking down the
IN FAVOR OF THE HOST
docs/basic_16/HB03195.pdf> within their territory. However, more often than awardees of housing units has also proven
LOCAL GOVERNMENT UNIT
not, no relocation or resettlement site is difficult, due to lack of monitoring system.
IN WHICH THEIR
available within their jurisdiction, hence LGUs
SOCIALIZED HOUSING OR are compelled to acquire and develop the The provisions of basis services and
RESETTLEMENT PROJECT socialized housing or resettlement project in facilities such as health, education,
IS LOCATED, AMENDING another LGU. communications, security, recreation, relief
FOR THE PURPOSE Socialized housing or resettlement areas shall and welfare shall be planned and shall be
REPUBLIC ACT NO. 7279, be provided by the local government unit or the given priority for implementation by the local
OTHERWISE KNOWN AS THE National Housing Authority in cooperation with government unit and concerned agencies in
URBAN DEVELOPMENT the private developers and concerned agencies cooperation with the private sector and the
with the following basic services and facilities; beneficiaries themselves.
AND HOUSING ACT OF
(a) potable water; (b) power and electricity and
1992
an adequate power distribution system; (c)
sewerage facilities and an efficient and adequate
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[NELLA FAYE A. RICO]

solid waste disposal system; and (d) access to

primary roads and transportation facilities.