Board Resolution No. R-572, "Amending Sec. 2, Scope of Application of the Implementing Rules and Regulations to Govern Sec. 18 of RA 7279

October 5, 1995

HLURB ADMINISTRATIVE ORDER NO. 09-95

 

The subject Resolution dated 10 July 1995 revokes the exemption granted to residential subdivision/condominium projects with a density of 100 units per hectare or with four units or less from complying with the 20% socialized housing requirement.

The same Resolution is quoted hereunder verbatim:

"WHEREAS, Section 2, second and fourth paragraphs, of the Implementing Rules and Regulations to Govern Section 18 of RA 7279 provides for the exemption of residential subdivision/residential condominium projects with a density of 100 units per hectare and residential subdivision and residential condominium projects with four (4) units or less from complying with 20% socialized housing requirement;

"WHEREAS, further review of RA 7279 and the proceedings of the Bicameral Conference Committee did not yield any legal basis for such exemptions;

"WHEREFORE, be it RESOLVED as it is hereby RESOLVED that the second and fourth paragraphs of Sec. 2 of the Implementing Rules and Regulations to Govern Section 18 of RA 7279 otherwise known as the Urban Development and Housing Act of 1992 be deleted therefrom, and the section to read as follows:

"Section 2. Scope of Application. — These Rules and Regulations shall apply to residential subdivision and residential condominium projects and/or proposed expansion of existing residential subdivision and residential condominium filed after the date of effectivity of these implementing rules and regulation.

"Proposed main subdivision projects falling under the category of socialized housing as herein defined shall be considered as having fully complied with the requirements of Sec. 18 and are thus exempted from the 20% requirement for socialized housing.

"APPROVED this 10th day of July 1995, Quezon City."

With its publication in Malaya issue of 19 September 1995 and Today, issue of 12 September 1995, the revocation of the abovecited exemption, becomes effective immediately.

However, in relation to residential condominium projects, Department of Justice Opinion No. 80 dated 25 August 1995 deems proposed condominium projects exempted from complying with the 20% socialized housing requirement. Notwithstanding the absence of Board Resolution on this matter to date, proposed condominium projects shall no longer be required the 20% socialized housing quota. cdt

Be guided accordingly.

(SGD.) ERNESTO C. MENDIOLA

Board Resolution No. 572 Series of 1995

AMENDING SEC. 2, SCOPE OF APPLICATION OF THE IMPLEMENTING RULES AND REGULATIONS

TO GOVERN SEC. 18 OF RA 7279

WHEREAS, Section 2, second and fourth paragraphs, of the Implementing Rules and Regulations to Govern Section 18 of RA 7279 provides for the exemption of residential subdivision/residential condominium projects with a density of 100 units per hectare and residential subdivision and residential condominium projects with four (4) units or less from complying with the 20% socialized housing requirement;

WHEREAS, further review of RA 7279 and the proceedings of the Bicameral Conference Committee did not yield any legal basis for such exemptions;

WHEREFORE, be it RESOLVED as it is hereby RESOLVED that the second and fourth paragraphs of Sec. 2 of the Implementing Rules and Regulations to Govern Section 18 of RA 7279 otherwise known as the Urban Development and Housing Act of 1992 be deleted therefrom, and the section to read as follows:

Section 2. Scope of Application. — These Rules and Regulations shall apply to residential subdivision and residential condominium projects and/or proposed expansion of existing residential subdivision and residential condominiums filed after the date of effectivity of these implementing rules and regulation.

Proposed main subdivision projects falling under the category of socialized housing as herein defined shall be considered as having fully complied with the requirements of Sec. 18 and are thus exempted from the 20% requirement for socialized housing.

APPROVED this 10th day of July, 1995, Quezon City.

 

(SGD.) DIONISIO C. DE LA SERNA

Chairman, HUDCC

Ex-Officio Chairman, HLURB

(SGD.) ISAGANI B. VALDELLON

Deputy Director General, NEDA

Ex-Officio Commissioner

(SGD.) PRESBITERO J. VELASCO, JR.

Undersecretary, DOJ

Ex-Officio Commissioner

(SGD.) SIMEON R. VENTURA

Undersecretary, DILG

Ex-Officio Commissioner

(SGD.) JOEL L. ALTEA

Asst. Secretary, DPWH

Ex-Officio Commissioner

(SGD.) ERNESTO C. MENDIOLA

Commissioner and Chief Executive Officer

(SGD.) ROMULO Q. FABUL

Commissioner

(SGD.) LUIS T. TUNGPALAN

Commissioner

(SGD.) TERESITA A. DESIERTO

Commissioner

Attested by:

(SGD.) CAROLINA A. CABAJE

Officer-in-Charge Board Secretariat