Creating the National Shelter Coordinating Council to Rationalize and Strengthen the Shelter Agencies under the Ministry of Human Settlements

February 6, 1986

EXECUTIVE ORDER NO. 1091

CREATING THE NATIONAL SHELTER COORDINATING COUNCIL TO RATIONALIZE AND STRENGTHEN THE SHELTER AGENCIES UNDER THE MINISTRY OF HUMAN SETTLEMENTS

WHEREAS, the Government has established a system of shelter agencies under the Ministry of Human Settlements in pursuance of the constitutional mandate to establish, maintain, and ensure adequate social services in the field of housing, among others, to guarantee the enjoyment of the people of a decent standard of living;

WHEREAS, the present system, where the governing boards of the shelter agencies operate separately and independently of each other, has often resulted in the uncoordinated and sometimes conflicting implementation of housing policies and priorities to the detriment of the overall National Shelter Program of the Government; CHTAIc

WHEREAS, the private sector, through the Multisectoral Alliance for shelter, is clamoring for the integration of the policies and priorities of all shelter agencies and their implementation through a centralized board or council;

WHEREAS, the Government recognizes the urgent need for the creation of a single body that would formulate integrated housing policies and plans, direct an overall strategy for the implementation thereof, and coordinate the specialized functions of the different agencies involved;

WHEREAS, there is an imperative and immediate necessity to strengthen the shelter agencies in order to ensure an effective and responsive partnership between the Government and the private sector and achieve the goals and objectives of the National Shelter Program for the general well-being of the people;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order and direct as follows:

SECTION 1. Creation: Main Function: Principal Office. — There is hereby created a National Shelter Coordinating Council hereinafter referred to as the COUNCIL, attached to the Ministry of Human Settlements. It shall have its principal office in Metropolitan Manila. It shall be primarily responsible for the integration and coordination of the functions and programs of all agencies and government corporations under the shelter system, and shall ensure increased private sector participation in the shelter delivery program of the Government.

SECTION 2. Composition of the Council. — The COUNCIL shall be composed of the following:

(1)	The Minister of Human Settlements	-Chairman
(2)	The Minister of Finance	-Member/s
(3)	The Minister of Justice	-do-
(4)	The Minister of Local Government and	-do-
	Community Development
(5)	The Minister of Trade and Industry	-do-
(6)	The Minister of Labor and Employment	-do-
(7)	The Minister of Public Works and Highways	-do-
(8)	The Minister of the Budget	-do-
(9)	The Governor of the Central Bank of the Philippines	-do-
(10)	The Director General of the National Economic and	-do-
	Development Authority
(11)	The Administrator of the Social Security System	-do-
(12)	The President and General Manager of the Government	-do-
	Service Insurance System
(13)	The Chairman and the President of the Chamber of Real	-do-
	Estate and Builders Association
(14)	The President of the Bankers Association of the Philippines	-do-
(15)	The President of the Trade Union Congress of the Philippines	-do-
(16)	The President of the Philippine Council	-do-
	for Planning and Housing

SECTION 3. Powers and Functions. — The COUNCIL shall have the following powers and functions:

(a) To formulate policies, and issue rules, regulations and guidelines in order to delineate, integrate and coordinate effectively the various specialized functions and activities of the different agencies and corporations involved in the National Shelter Program;

(b) To plan and design the overall housing program and set the direction and strategy for the implementation thereof by the shelter agencies and corporations; cHDAIS

(c) To extend all necessary assistance to the shelter agencies and corporations in the planning, funding, and execution of their respective projects and activities;

(d) To review and approve the recommended projects and activities submitted by said agencies, on the basis of their consonance with the overall housing program and strategy adopted by the COUNCIL;

(e) To monitor the execution and implementation of the development program and projects of the shelter agencies and corporations, and evaluate their impact on the basis of the objectives and goals set by the COUNCIL;

(f) To establish and maintain effective participation and contribution by the private sector in the National Shelter Program, in general, and in the individual programs, projects and activities of the shelter agencies and corporations;

(g) To recommend new legislations or amendments to existing laws as the COUNCIL may deem necessary or beneficial for the attainment of the housing goals of the Government;

(h) To make or enter into contracts of any kind or nature to enable it to discharge its functions and objectives under this Executive Order;

(i) To staff its organization with appropriate and qualified personnel in accordance with what is deemed proper or necessary to achieve the objectives of the COUNCIL;

(j) To call on any department, bureau, office, agency or instrumentality of the Government and private entities and organizations for cooperation and assistance toward the effective and expeditious performance of its functions; and

(k) To exercise or perform such other powers, functions and acts as may be necessary, proper or incidental to the attainment of its purposes and objectives.

SECTION 4. Agencies and Corporations Placed Under the Supervisory Coordination of the Council. — The COUNCIL shall delineate, coordinate and integrate the functions, programs, projects and activities of the following agencies and corporations:

(a) Human Settlements Development Corporation

(b) National Home Mortgage Finance Corporation

(c) Home Development Mutual Fund

(d) Home Financing Corporation

(e) National Housing Authority

(f) BLISS Development Corporation

(g) National Housing Corporation

(h) Human Settlements Regulatory Commission

Henceforth, the power of supervision exercised by the Ministry of Human Settlements under Sections 14 and 15 of Presidential Decree No. 1396, shall be transferred to and exercised directly by the COUNCIL.

SECTION 5. Meetings. — Regular meetings of the COUNCIL shall be held at least once a month. Special meetings may be called by the Chairman to consider such subjects or matters as may be necessary under the circumstances. The Chairman and the other members of the COUNCIL may designate and authorize their respective alternates who may act and decide for and in their behalf in case of their absence. In the absence of the Chairman, the COUNCIL shall elect a temporary presiding officer.

The Chairman, members or their respective alternates shall receive as per diems for every meeting actually attended such amount(s) as the COUNCIL may deem appropriate but not exceeding P2,000.00 during any one month. They shall also be entitled to reimbursable transportation and allowances in going to and coming from their meetings.

SECTION 6. Office of Secretary-General. — There shall be an Office of the Secretary-General, to be headed by the Deputy Minister of Human Settlements, who shall assist the COUNCIL in the performance of its functions.

The COUNCIL shall determine the number fix the salaries of and appoint the personnel of the Office of the Secretary-General in accordance with Civil Service laws rules and regulations and may delegate such authority and power to the Secretary-General. Additional personnel may be hired on contract basis as the exigencies of the service may demand. Technical personnel shall be selected on the basis of merit and fitness to be determined in accordance with such policies and guidelines as may be approved by the COUNCIL.

SECTION 7. Powers and Duties of the Secretary-General. — The Secretary-General shall have the following functions, powers and duties:

(a) To execute and administer the policies and measures approved by the COUNCIL, and to coordinate with the respective governing boards and executive officers of the shelter agencies and corporations for the purpose thereof;

(b) To appoint, subject to approval of the COUNCIL, and maintain an adequate technical and administrative staff in order to provide assistance to the COUNCIL in the performance of its functions;

(c) To prepare the agenda for and minutes of the meetings of the COUNCIL;

(d) To submit for the consideration of the COUNCIL such policies and measures as he may deem necessary to carry out the purposes and provisions of this Executive Order;

(e) To sign contracts or agreements pursuant to policies or guidelines set by the COUNCIL;

(f) To represent the COUNCIL in all dealings with other offices, agencies and instrumentalities of the Government, persons and entities, public or private, domestic, foreign or international, unless the Chairman provides otherwise;

(g) To represent the COUNCIL, either individually or through counsel, in any legal proceedings or actions; and ISHCcT

(h) To exercise such other duties and responsibilities as may be vested in or assigned to him by the COUNCIL.

SECTION 8. Executive Committees. — There shall be created an Executive Committee for each Board of the shelter agencies and corporations, composed of the Chief Executive officer of the agency concerned and four (4) members of the Board or their representatives as may be designated by the board/commissions of the respective corporations.

The Executive Committee shall serve as a clearing house for transactions between the Chief Executive Officer and the board/commission of the agency/corporation concerned in relation to specific and particular policies formulated by the COUNCIL and adopted by the Board concerted. All actions and decisions of the Executive Committee within the framework of existing policies adopted by the Board/Commission of the corporation/agency concerned shall be submitted for confirmation by the Board/Commission in its regular meeting.

 

SECTION 9. Delineation of Functions Between the Human Settlements Development Corporation and the National Housing Authority. — The Human Settlements Development Corporation shall redirect its shelter thrust towards undertaking; (a) integrated area development at the regional and local levels; (b) development of new towns and model communities; (c) urban renewal and redevelopment; and (c) construction activities in the countryside where private sector is not actively operating.

The National Housing Authority shall focus its construction activities in: (a) sites and services; (b) slum upgrading/rehabilitation; and (c) resettlement,

SECTION 10. Appropriation. — To initially carry out the purposes and objectives of this Order, the first five government corporations listed under Section 1 hereof and the Ministry of Human Settlements shall proportionately contribute to the administrative and logistical support of the COUNCIL and the Office of the Secretary-General which is set at TEN MILLION PESOS (P10,000,000.00). Thereafter, the necessary funds to cover such administrative and logistical expenses shall be appropriated every fiscal year in the General Appropriations Act.

SECTION 11. Auditor. — The Chairman of the Commission on Audit shall be the ex officio Auditor of the COUNCIL. For this purpose, he may appoint a representative who shall be the auditor of the COUNCIL, together with the necessary personnel to assist said representative in the performance of his duties. The number and salaries of the auditor and said personnel shall be determined by the Chairman of the Commission on Audit. Said salaries and all other expenses of maintaining the auditor's office shall be paid by the COUNCIL.

The Auditor shall, as soon as practicable, but not later than three (3) months after the accounts have been submitted to audit, send an annual report to the COUNCIL. The Auditor shall also submit such periodic or special report as the COUNCIL may deem necessary or proper.

SECTION 12. Legal Counsel. — The Government Corporate counsel shall be the General Counsel of the COUNCIL. At such, he shall exercise supervision and control over the Legal Office to be maintained separately by the COUNCIL and under the administrative supervision of the Secretary-General. The Legal Office shall handle the day-to-day legal matters affecting the affairs of the COUNCIL and shall be headed by the Legal Counsel of the COUNCIL, with the rank, privileges and salary of an Assistant Minister to be appointed by the President of the Philippines. The Legal Counsel shall have the same qualifications and benefits as those of a Regional Trial Court Judge.

Until the appointment of another person by the President of the Philippines, upon the recommendation of the Minister of Human Settlements and the Government Corporate Counsel, the General Counsel of the Human Settlements Development Corporation shall be the Legal Counsel of the COUNCIL.

For the support of the Legal Office, the Office of the Secretary-General shall provide the necessary funds therefor. For the succeeding fiscal years, the Ministry of Human Settlements and/or the COUNCIL shall determine its necessary, annual support. For the performance of the duties of the Government Corporate Counsel and the services of the Legal Staff of the Office of the Government Corporate Counsel, the COUNCIL shall appropriate and the Office of the Secretary-General shall remit such amount as shall be determined by the Government Corporate Counsel.

SECTION 13. Repealing Clause. — All laws, decrees, executive orders, rules and regulations or part thereof inconsistent with this Executive Order are hereby repealed, amended or modified accordingly.

SECTION 14. Separability Clause. — The provisions of this Executive Order are hereby declared to be separable, and if any provision or section hereof should for any reason be held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or sections of this Executive Order.

SECTION 15. Effectivity. — This Executive Order shall take effect immediately.

DONE in the City of Manila, this 6th day of February, in the year of Our Lord, nineteen hundred and eighty-six.