Implementing Rules and Regulations of Executive Order No. 64

September 16, 2002

IMPLEMENTING RULES AND REGULATIONS (IRR) OF EXECUTIVE ORDER 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 BONA-FIDE OCCUPANTS

WHEREAS, pursuant to the provisions of Executive Order 64 series of 2001 and in line with the priority concern of the present Administration to provide lands to the qualified occupants of Scout Barrio, an Executive Committee composed of representatives of Bases Conversion and Development Authority (BCDA), National Housing Authority (NHA), Housing and Urban Development Coordinating Council (HUDCC), John Hay Poro Point Development Corporation (JPDC) and the City of Baguio is to be established;

WHEREAS, an approximate area of 8.03 hectares out of the 15.9 hectares of the Scout Barrio is currently occupied by civilian employees of the former US military bases;

WHEREAS, the above-mentioned area of 15.9 hectares is part of the titled area of the reservation in the name of Bases Conversion and Development Authority covered by Transfer Certificate of Title No. 62887;

WHEREAS, BCDA has expressed its intention to dispose the occupied portion to the legitimate occupants who have been living in the area before the enactment of the Urban Development and Housing Act of 1992;

WHEREAS, the entire property of Scout Barrio is subject to other laws with equal application that have to be harmonized to ensure compliance with legal requirements on the matter.

NOW, THEREFORE, the following Implementing Rules and Regulations by BCDA, as land owner, are hereby established:

SECTION 1. Declaration of Housing Site. — Executive Order No. 64, s. 2001 shall cover an 80,379 sq. m. portion of the 159,738 sq. m. BCDA property in Barangay Scout Barrio, as defined in approved subdivision plan PSD-CAR-0077557 (subdivision of Lot 12, PSD-131102-002639). This portion, which was initially occupied by civilian employees of Camp John Hay under the RP-US Military Bases Agreement, shall be subject to disposition to actual qualified residents occupying the area.

SECTION 2. Exemptions. — Certain areas in the property defined by subdivision plan PSD-CAR-0077557 shall be retained by BCDA and shall be exempted from the coverage of this Executive Order. These lots are as follows:

Block 1, Block 4 (Lots 24, 25 and 30), Block 5 (Lots 18, 21 and 24), Block 6, Block 7 (Lots 1 and 25) Block 8 (Lot 2), Block 10 (Lot 1), Block 11, (Lot 23), Block 12, Block 13, Block 14 (Lots 5, 9 and 10), Block 15, Block 16, Block 17, Block 18, Block 20, Road Lot 1 (Loakan), Road Lots 4 to 13, Water Way Lot.

These have an average area of SEVENTY NINE THOUSAND THREE HUNDRED FIFTY NINE (79,359) SQUARE METERS.

SECTION 3. Executive Committee (EXECOM). — An Executive Committee shall be created to ensure the orderly and smooth implementation of the Scout Barrio Housing Project (SBHP). It shall have the following sub-committees: a) Awards and Arbitration Committee; b) such other committees as may be constituted. It shall be tasked to formulate and/or adopt policies consistent with BCDA-approved policies and guidelines; review the decisions of the Awards and Arbitration Committee and such other committees created thereafter; and resolve issues elevated to its level by the Project Management Office. The EXECOM's decisions are final and executory.

SECTION 4. Awards and Arbitration Committee (AAC). — An Awards and Arbitration Committee (AAC) is hereby created and shall be composed of the following:

Chairman : Vice President of JPDC

Members :

1. 1 BCDA representative

2. 1 JPDC representative

3. 1 NHA representative

4. President of Scout Barrio Neighborhood Association (SBNA)

• Vice President of SBNA (alternate member)

5. Chairman of the Barangay

• Councilman to be designated by the Chairman (alternate member)

6. 1 representative from the Office of the Mayor of Baguio City

The AAC shall resolve issues relative to the implementation of the guidelines on beneficiaries selection and lots disposition, and act on applications for the awards of lots in the SBHP.

SECTION 5. Project Management Office (PMO). — A Project Management Office shall be created from within JPDC to take charge of the implementation of the SBHP in accordance to approved guidelines. It shall be assisted by the NHA Region 1/CAR staff.

SECTION 6. Adoption of the Payment Scheme in the Beneficiary Guidelines. — The proposed lot pricing as submitted by BCDA to the President and payment scheme incorporated in the beneficiary guidelines shall be evaluated and implemented by the EXECOM. The EXECOM shall ensure that a fair pricing and accessible payment scheme shall be instituted.

SECTION 7. Separability Clause. — In the event any provision hereof is declared invalid by any competent court or tribunal, the other provisions hereof unaffected thereby shall remain in full force and effect.

SECTION 8. Effectivity. — This Implementing Rules and Regulations (IRR) shall take effect immediately.

APPROVED in the City of Manila, this 16th day of September, in the year of Our Lord, Two Thousand and Two.