Comprehensive Shelter Program for Certain Informal Settlers

May 21, 2009

EXECUTIVE ORDER NO. 803

CREATING AND DIRECTING THE METRO MANILA INTER-AGENCY COMMITTEE ON INFORMAL SETTLERS TO PLAN, COORDINATE AND IMPLEMENT, IN COORDINATION WITH CONCERNED GOVERNMENT AGENCIES, A COMPREHENSIVE SHELTER PROGRAM FOR INFORMAL SETTLERS AFFECTED BY GOVERNMENT PRIORITY INFRASTRUCTURE PROJECTS AND THOSE LIVING IN DANGER AREAS WITHIN METRO MANILA

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DONE in the City of Manila, this 21st day of May, in the year of Our Lord, Two Thousand and Nine.

Published in The Manila Times on June 11, 2009.