Implementing Rules and Regulations of Presidential Proclamation No. 770, s. 1996

October 20, 2017

IMPLEMENTING RULES AND REGULATIONS OF PRESIDENTIAL PROCLAMATION NO. 770, S. 1996

SECTION 1

Mandates

1.1 These Implementing Rules and Regulations (IRR) shall provide the guidelines and procedures in the implementation of Presidential Proclamation No. 770 as well as the parameters for the development and disposition of the property subject thereon.

1.2 This IRR is adopted pursuant to Presidential Proclamation No. 770 signed by then President Fidel V. Ramos on March 27, 1996, segregating from the operation of Proclamation No. 451, series of 1953, (Lot No. 693-B and Lot 1631), which was reserved for Radio Station site purposes and opening the same for the disposition as housing site for the officials and employees of the Telecommunications Office, bonafide occupants of the property situated in the Barrio of Pugad-Baboy, Municipality of Polo, now Barangay Marulas, Valenzuela City, Metro Manila.

1.3 Memorandum Order No. 76 dated September 23, 2002, which lifted the hold in abeyance order on the implementation of PP No. 770, s. 1996 and designated the HUDCC to take the lead in the implementation of the said order.

1.4 Memorandum Order dated November 29, 2002 issued by then HUDCC Chairman Michael T. Defensor designating the NHA as Chairman of the Local Inter-Agency Committee (LIAC) now to be called PIAC.

1.5 Section 3 of Executive Order No. 47 dated June 23, 2011 transferred the Telecommunications Office (TELOF) to the Department of Science and Technology (DOST) to form part of the internal structure of Information and Communications Technology Office (ICTO).

1.6 Deed of Conveyance dated April 27, 2012, signed by the then President Benigno Simeon C. Aquino III, transferred the ownership, conveyed and assigned unto the National Housing Authority (NHA) Lot No. 693-B equivalent to Lot 1631.

1.7 Section 15 of Republic Act No. 10844 enacted on May 23, 2016 transferred the Telecommunications Office (TELOF), to the newly created Department of Information and Communications Technology (DICT).

SECTION 2

Objectives

2.1 This IRR shall create a Project Inter-Agency Committee (PIAC) and shall define the roles and responsibilities of the participating government agencies, private organization and project beneficiaries in the implementation of PP 770.

2.2 It shall likewise prescribe the guidelines on beneficiary selection, prioritization of award and disposition of lots to the qualified beneficiaries.

SECTION 3

Scope

3.1 This IRR shall apply to the proclaimed government property pursuant to Proclamation No. 770 dated March 27, 1996 entitled "Segregating from the operation of Proclamation No. 451, series of 1953, (Lot No. 693-B and Lot 1631), which was reserved for Radio Station site purposes and opening the same for the disposition as housing site for the officials and employees of the Telecommunications Office, bonafide occupants of the property situated in the Barrio of Pugad-Baboy, Municipality of Polo, now Barangay Marulas, Valenzuela City, Metro Manila."

3.2 The proclaimed site comprises a total area of twenty thousand and eight (20,008) square meters, more or less, situated in Tampoy II, Barangay Marulas, Valenzuela City, covered by Transfer Certificate of Title No. T-10607 in the name of the Republic of the Philippines whose ownership is now transferred to the National Housing Authority pursuant to Deed of Conveyance signed by Hon. Benigno Simeon C. Aquino III on 27 April 2012.

SECTION 4

Project Inter-Agency Committee

4.1 Creation of the PIAC

The Project Inter-Agency Committee (PIAC) shall be created to act as the coordinating body to facilitate and expedite award of the subject property to qualified beneficiaries and to ensure the development of the site as a viable community through the utilization of appropriate plans, development schemes and programs through participatory planning.

4.2 Composition of the PIAC

The PIAC shall be composed of the following government agencies and private entities:

Chairman	:	National Housing Authority (NHA)
Vice-Chairman	:	Department of Information and Communications Technology (DICT)
Members	:	Housing and Urban Development Coordinating Council (HUDCC) Valenzuela City Government Telof Marulas Compound Multi-Purpose Cooperative (Coop) Presidential Commission for the Urban Poor (PCUP) Commission on Human Rights (CHR) Telecom Occupants Peoples Neighbourhood Association, Inc. (TOPNAI)

4.3 Powers and functions of the PIAC

The PIAC shall:

4.3.1 Review and approve the following:

a. Community Master Development Plan;

b. Project implementation plan/schedule prepared by NHA as the duly designated administrator by virtue of the Deed of Conveyance dated April 27, 2012; ATICcS

c. Beneficiary selection guidelines;

d. Master list of qualified families and disqualified families;

e. Lot disposition and pricing scheme.

4.3.2 Create sub-committees to assist the landowner and its duly designated Administrator in the implementation of PP 770;

4.3.3 Solicit the participation of other government and non-government organizations in the implementation of the project as may be necessary;

4.3.4 Monitor and evaluate the implementation of the project;

4.3.5 Resolve issues elevated to it by the different sub-committees;

4.3.6 Impose sanctions and other necessary disciplinary measures to address violations of this IRR by the beneficiaries; and

4.3.7 Undertake such other relevant activities as may be necessary to fully implement the project.

4.4 Roles and Responsibilities of the Participating Agencies and Entity

4.4.1 National Housing Authority (NHA)

 The NEA shall:

a. Act as the Chairman of the PIAC and Lead Project Implementer;

b. Prepare the community Master Development Plan, taking into consideration the proposal of all stakeholders;

c. Undertake the following activities in coordination with the PIAC sub-committees:

c.1 Community Relation and Social Preparations — conduct of census validation to verify the total number of families and tagged structures;

c.2 Beneficiary Selection and Arbitration — Receipt of applications, verification (alpha-list) and evaluation of eligibilities of the intended beneficiaries, and settlement of conflicts, claims, complaints or disputes relative to the selection of beneficiaries;

c.3 Physical Development — Preparation of development plan, consultation with the community and the preparation of subdivision plans; and

c.4 Estate Management — Cost recovery and collections.

d. Undertake the disposition of units to the qualified beneficiaries through:

d.1 Issuance of certificates of lot award (CELA) based on the approved Master list of Qualified Project Beneficiaries;

d.2 Determination of the individual lot prices in accordance with the pricing policy approved by the PIAC; and

d.3 Execution of contracts with the qualified project beneficiaries.

e. Ensure the maximum participation in the implementation process of the various stakeholders such as government agencies, non-government organizations (NGO's), and project beneficiaries;

f. Report to the PIAC the status of its activities on a monthly basis;

g. Turn over the project facilities, operations, and maintenance to the City Government, the Homeowners Association (HOA), or to any appropriate government agency or entity;

h. Remit to the Telecommunications Office (TELOF) now the DICT the proceeds of disposition of the lots pursuant to Section 4 of Memorandum Order No. 76 dated September 23, 2002; and

i. Adopt just and affordable payment scheme for the lot as well as for the Housing Unit subject to prevailing/approved prices and terms of payment for socialized housing projects.

j. Prevent the incursion of informal or unauthorized settlers in the project site;

k. Where feasible, jointly undertake with Valenzuela City Government the provisions of housing assistance to the families who are disqualified as beneficiaries in the proclaimed site;

l. Perform such other functions as may be necessary to effectively carry out the provisions of this IRR.

4.4.2 Department of Information and Communications Technology (DICT)

a. Serve as Vice-Chairman under 4.2 of the IRR and provide secretariat support to the PIAC;

b. Assist the NHA in the conduct of actual subdivision survey and preparation of the necessary plans and technical description for submission to the DENR;

c. Provide the land title, tax declaration and other technical documents for the proper documentation of the land conversion and its transfer to the NHA;

d. Perform such other functions as may be necessary to effectively carry out the provisions of this IRR.

4.4.3 Telof Marulas Compound Multi-Purpose Cooperative, Inc. (COOP)

 The COOP shall:

a. Represent the interest of the members of the cooperative who are qualified for the housing project.

b. Assist the NHA in securing all permits, clearances and licenses needed for the implementation of the project including land conversion;

c. Allocate and source funds for the land transfer, preliminary surveys, land development and housing construction and other expenses to be incurred in the implementation of the housing project, in coordination with the HUDCC and NHA;

d. Assist the NHA in the disposition process and estate management activities (cost recovery and collections) for the completed units of the project;

e. Allocate/source funds for the expenses (dismantling team's wages and other incidental expenses) to be incurred in dismantling all structures within the TELOF Marulas Compound;

f. Assist NHA in the prevention of intruding informal or unauthorized settlers in the project site;

g. Assist the PIAC in the screening and selection of prospective beneficiaries of the project as well as the resolution of issues relative to beneficiary selection and award; and

h. Perform such other functions as may be necessary to effectively carry out the provision of this IRR.

4.4.4 Housing and Urban Development Coordinating Council (HUDCC)

 The HUDCC shall:

a. Assist the Philippine Broadcasting Services (PBS) in relocating its transmitter station to a location outside of the area covered by Proclamation No. 451 and subject of Proclamation No. 770 and Memorandum Order No. 76;

b. Coordinate with the various concerned government agencies, bureaus, and instrumentalities, including private organizations, to facilitate and expedite the development and disposition of the housing project;

c. Monitor the activities of various parties in relation to the implementation of the housing project and the disposition of the subject property;

d. Assist in the sourcing out of appropriate budget to finance the funding requirements for the various activities to be undertaken in connection with the disposition of the land pursuant to Section 3 of the Memorandum Order No. 76 dated September 23, 2002; and

e. Perform such other functions as may be necessary to effectively carry out the provisions of this IRR.

4.4.5 Valenzuela City Government

 The Valenzuela City Government shall:

a. Assist the NHA in the valuation of the property subject of development in coordination with PIAC;

b. Where feasible, jointly undertake with NHA the provisions of housing assistance to the families who are disqualified as beneficiaries in the proclaimed site;

c. Facilitate the issuance of the necessary development and building permits and licenses, including land conversion based on the city's land use, zoning plans and ordinances;

d. Accept the completed roads, parks and community facilities for proper maintenance and operation; cSEDTC

e. Assist the PIAC in the screening and selection of prospective beneficiaries of the project as well as the resolution of issues relative to beneficiary selection and award; and

f. Perform such other functions as may be necessary to effectively carry out the provisions of this IRR.

4.4.6 Presidential Commission for the Urban Poor (PCUP)

 The PCUP shall:

a. Provide assistance to the NHA in the conduct of social preparation activities, dialogues and consultations;

b. Assist the PIAC in the screening and selection of prospective beneficiaries of the project as well as the resolution of issues relative to beneficiary selection and awards;

c. Assist in the peaceful, orderly, just and humane resettlement of affected families as provided for under Republic Act No. 7279 and Executive Order No. 708 dated February 26, 2008;

d. Perform such other functions as may be necessary to effectively carry out this IRR.

4.4.7 Commission on Human Rights (CHR)

 The CHR shall:

a. Investigate on its own or on a complaint by any party, all forms of human rights violations relative to eviction and demolition;

b. Assist in the peaceful, orderly, just and humane resettlement of affected families as provided for under Republic Act No. 7279 and Executive Order No. 708 dated February 26, 2008; and

c. Perform such other functions as may be necessary to effectively carry out this IRR.

4.4.8 Telecom Occupants People's Neighbourhood Association, Inc. (TOPNAI)-PEOPLE's ORG.

 The TOPNAI shall:

a. Assist the COOP in the allocation/sourcing of funds for the expenses (dismantling team's wages and other incidental expenses) to be incurred in the dismantling all structures within the TELOF Marulas Compound;

b. Designate its representative to the PIAC and its Sub-Committees who shall attend meetings thereof; and

c. Assist NHA in the prevention of intruding informal or unauthorized settlers in the project site and promptly submit report to NHA and Valenzuela City Government;

d. Perform such other functions as may be necessary to effectively carry out this IRR.

4.5 PIAC Sub-Committees

4.5.1 Land Survey and Physical Development Sub-Committee

 This Sub-Committee shall undertake title verification, facilitate the approval of land conversion and expedite the approval of the survey plans as well as prepare the Community Master Plan and subdivision plan, in consultation with the project beneficiaries.

 It shall likewise determine the total valuation of the proclaimed property integrating the final raw lot price at One Thousand One Hundred Fifty pesos (P1,150.00) per square meter per zonal valuation of the Bureau of Internal Revenue.

 It shall be composed of the following:

Chairman	:	NHA
Members	:	COOP Valenzuela City Government

4.5.2 Community Relations and Social Preparation Sub-Committee

 This Sub-Committee shall be responsible for the conduct of social preparation and information activities. It shall also conduct census verification.

 The Sub-Committee shall prepare and duly certify the list of census households as well as the structure map and submit a copy of the same to the PIAC.

 The Sub-Committee shall be created to afford the project beneficiaries the opportunity to be heard and pursuant to Section 23 of RA 7279. It shall be composed of the following: AIDSTE

Chairman	:	NHA
Members	:	PCUP Valenzuela City Government COOP

4.5.3 Beneficiary Selection and Award Arbitration Sub-Committee (BSAAC)

 This Sub-Committee shall be created to ensure that all conflicts, claims, complaints or disputes relative to the selection of beneficiaries are properly heard and resolved. It shall be composed of the following:

Chairman	:	NHA
Members	:	COOP HUDCC Valenzuela City Government PCUP CHR

SECTION 5

Beneficiary Selection Guidelines

5.1 Prioritization of beneficiaries

5.1.1 The beneficiaries of the project shall be selected based on the following order of priorities:

a. 1st Priority — The prospective principal beneficiaries in accordance with PP 770 are the following:

a.1 TELOF officials and employees

i) TELOF Officials and Employees — are officials and employees of the TELOF who are members in good standing of the COOP and original structure-owners and residing within the TELOF Marulas Compound at the time of the issuance of PP 770.

ii) Officials and employees of the TELOF who are members in good standing of the COOP but are not residing within the TELOF Marulas Compound.

iii) Officials and employees of the Telecommunications Office at the time of the issuance of PP 770 and who satisfy the qualifying conditions stated in Section 5.2 hereof.

iv) In the event that a pre-qualified TELOF official or employee is incapacitated to accept the award, he/she may be substituted by any of the children who is of legal age, willing and able to assume the award and its obligations and who satisfies the qualifying conditions stated in Section 5.2 hereof.

a.2 Bonafide occupants:

i) Cooperative members in good standing who were residing within the TELOF Marulas Compound at the time of the issuance of PP 770 and who have continuously resided therein up to the present, and who satisfy the qualifying conditions stated in Section 5.2 hereof.

ii) Non-members of the COOP included in the NHA census survey of October 1999 and residing within the TELOF Marulas Compound at the time of the issuance of PP 770 and had continuously resided therein up to the present. Provided further, they satisfy the qualifying conditions stated in Section 5.2 hereof.

b. 2nd Priority — In the event that a pre-qualified bonafide occupant is incapacitated to accept the award, he/she may be substituted by any of the children living therein who is of legal age and willing and able to assume the award and its obligations provided said child also satisfies the qualifying conditions stated in Section 5.2 hereof.

c. 3rd Priority — Residents who were identified as structure-owners during the joint occupancy check/validation of NHA and the Valenzuela City Government in March 2004 and who have continuously resided within the TELOF Marulas Compound up to the present time provided such occupants also satisfy the qualifying conditions stated in Sections 5.2 and 5.3.

5.2 Qualifying Conditions for Prospective Beneficiaries — The following conditions must be complied with by the prospective beneficiaries:

5.2.1 Prospective beneficiary must be a member in good standing of the COOP, or must join the same;

5.2.2 He/she must be a Filipino citizen;

5.2.3 He/she must not have been a recipient of any housing loan or assistance, nor a beneficiary of any socialized housing project of the government;

5.2.4 He/she does not own more than one (1) structure within the TELOF Marulas Compound; and

5.3 Additional Qualifying Condition for bonafide occupants and the 3rd priority beneficiary — The following conditions must be complied with by the bonafide occupants and 3rd priority beneficiary:

5.3.1 For non-TELOF officials and employees, he/she must have been verified as a resident within the TELOF Marulas Compound during the NHA occupancy check and/or census survey conducted in October 1999 and Joint Occupancy/Validation check of NHA and the Valenzuela City Government in March 2004.

5.4 Disqualifications — The following circumstances shall be grounds for the disqualification of a potential beneficiary:

5.4.1 All owners of multiple structures, renters, rent-free occupants and sharers found to be residing within/without the TELOF Marulas Compound;

5.4.2 All ICTO-TELOF officials and employees who have been dishonourably discharged from the service;

5.4.3 Those who have been found guilty of a criminal offense;

5.4.4 All ICTO-TELOF officials and employees and bonafide occupants who have sold their rights to their presently occupied lots or housing units after the issuance of PP 770; or

5.4.5 Any household or individual who established his/her residency after the census survey conducted by the NHA in October 1999 and the joint occupancy/validation check of NHA and the Valenzuela City Government in March 2004.

SECTION 6

Allocation of Lots/Units

6.1 Subject to Prevailing policy guidelines and based on the Pre-Feasibility Study prepared and submitted by the NHA, shall determine the sizes of the homelots/units to be allocated and awarded to the qualified beneficiaries.

6.2 Should there be homelots generated or housing units constructed in excess of those allocated/awarded to the qualified beneficiaries under Section 5 hereof, the same may be disposed of to the other occupants of the proclaimed area as may be determined by the PIAC.

SECTION 7

Design and Planning Concepts

7.1 Site planning, space planning and design shall conform to the provisions of the existing laws, rules and regulations covering socialized housing projects and environment concerns as well as local ordinances and regulations. AaCTcI

7.2 Project plans shall incorporate a cost-recovery and financial scheme which shall be subject to approval by the PIAC.

SECTION 8

Fund Source

8.1 The PIAC shall prepare the necessary funding requirements and identify other possible sources of funds such as, but not limited to, the President's Social Fund (PSF) and the concerned member-agencies respective annual budgets.

8.2 The funds sourced out or appropriated shall be disbursed specifically for survey, consultation and other related activities duly authorized by the PIAC, subject to the usual accounting and auditing procedures.

SECTION 9

Amendment Clause

9.1 The PIAC may issue supplemental or amendatory guidelines to this IRR.

9.2 The Sub-Committees herein created may also adopt their respective procedural rules in accordance with the provisions of this IRR and other pertinent laws and executive issuances, subject, however to review and approval of the PIAC.

SECTION 10

Miscellaneous Clause

10.1 This IRR shall be binding upon the successors and assigns of each Party.

SECTION 11

Separability Clause

11.1 The provisions of this IRR are declared as separable and in the event that any of its provisions are declared null and void in accordance with Presidential Proclamation No. 770, s. 1996 and other relevant laws and implementing rules and regulations, the validity of other provisions shall not be affected thereby.

SECTION 12

Effectivity

12.1 This IRR shall take effect immediately upon signing by all the parties hereto.

Approved:

(SGD.) REXLON T. GATCHALIANMayor, City of Valenzuela

(SGD.) MARCELINO P. ESCALADA JR.General Manager, NHA

(SGD.) ATTY. JOSE LUIS MARTIN C. GASCONChairperson, CHR

(SGD.) ATTY. RODOLFO A. SALALIMASecretary, DICT

(SGD.) ATTY. TERRY L. RIDONChairperson and CEO, PCUP

(SGD.) ANGELITA S. CABATUChairperson, TMCMPC, Inc.

(SGD.) ANGEL P. OJASTRO IIISecretary-General, HUDCC