Implementing Rules and Regulations of Republic Act No. 9207 or the "National Government Center Housing and Land Utilization Act of 2003"

2004

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9207 OR THE "NATIONAL GOVERNMENT CENTER HOUSING AND LAND UTILIZATION ACT OF 2003"

Pursuant to Section 5 of Republic Act No. 9207 otherwise known as the "National Government Center (NGC) Housing and Land Utilization Act of 2003", following implementing rules and regulations are hereby adopted:

SECTION 1.  Objectives. —

The NGC Housing and Land Utilization Act of 2003 aims to:

1.  address the security of tenure of bona fide residents and beneficiaries of the National Government Center Housing Project by providing guidelines on the qualification of and disposition of lots to beneficiaries in accordance with the principles enshrined in Republic Act No. 7279 or the Urban Development Housing Act; CDAHIT

2.  ensure that lands in the NGC shall be utilized primarily for housing;

3.  dispose lands for socioeconomic, civic, educational, religious and other purposes by providing guidelines on the criteria and procedure for disposition to institutions based on the principles laid in RA 9207 and RA 7279 or UDHA;

4.  institutionalize participation of the concerned beneficiaries to the implementation of the project;

5.  promote balanced urban development in the course of the implementation of the NGC Housing Project.

SECTION 2.  Definition of Terms. —

For purposes of these implementing rules and regulations:

1.  NGC Project Management Office (PMO) — refers to the NGC Housing Project (NGCHP) office for the westside and NGC Eastside Development Project (NGC-EDP) office for the east side;

2.  Institutions — refers to private and public schools, religious institutions, cooperatives organized by the beneficiaries, small health and day care centers, public hospitals and clinics, barangay offices and shall not include commercial establishments;

3.  Disposition — refers to various mode of transfer and acquiring of ownership to be utilized by the PMO such as sale, lease, donation, usufruct;

4.  Bona fide resident — refers to residents on the west side based on the census survey conducted in 1994 and on the east side based on the census survey conducted in 1994 and occupancy verification survey conducted in 2000 and for both eastside and westside who have continuously resided in the area until present;

5.  Code of Policies — refers to the Revised NGCHP Code of Policies in the case of westside known as "Code of Policies on Beneficiary Selection and Disposition of Homelots and Structures in the NGCHP" which took effect on January 1, 1994 and in case of eastside the "Kodigo ng mga Patakaran sa Pagpapatupad ng Proyekto sa Pagpapaunlad sa Silangang Bahagi ng Sentro ng Pamahalaang Pambansa" approved on September 4, 2002;

6.  tagged and censused — refers to the act of determining the actual residents and actual structures based on the survey conducted in 1994 on the westside and on the east side in 1994 and occupancy verification survey conducted in 2000;

7.  community facilities — refers to common area or facilities used by the residents such as basketball courts, multi-purpose halls as defined in Batas Pambansa 220 as amended;

8.  Controlled Economize Zone or Commonwealth Enterprise Zone (CEZ) — refers to the urban renewal project component of the NGC Housing Project for the establishment of the commercial and productivity zone in the area;

9.  Census Inclusion — shall refer to the process whereby the Project Management Office shall evaluate whether an individual has been a resident of the NGC housing project site at the time of census and tagging but for valid reasons were not able to be included in the census and tagging conducted;

10.  Other terms used in these rules shall be defined based on the Code of Policies for eastside and westside referred to in item (5) of this section and in RA 7279 or UDHA.

SECTION 3.  Disposition of Certain Portions of the NGC Site to the Bona Fide Residents. —

3.1  Period for Qualification of Beneficiaries

(a)  westside

(a.1)  Application for qualification as beneficiary of the NGC Housing Project shall be submitted within sixty (60) days after the effectivity of these Implementing Rules and Regulations.

(a.2)  Applications for qualification as beneficiary shall only be accepted if the applicant is included in the census survey conducted in the area in 1994 and has reblocked his/her structure based on the guidelines set by the Project Management Office.

(a.3)  Applications shall be evaluated by the Project Management Office (PMO) not later than sixty (60) days upon receipt of application for qualification.

(a.4)  Processing and evaluation of qualifications shall be based on the Code of Policies and subject to the condition that a beneficiary is qualified to acquire only one (1) lot with a minimum of 36 sq. m. and maximum of 54 sq. m. and subject further to the availability of lots.

(a.5)  In case of generated lots, rights of the actual occupants thereof who were censused in 1987 and/or 1994 and qualified beneficiaries for Controlled Economic Zone (CEZ) shall be given priority by the PMO in the qualification process.

(a.6)  Those who will not submit application on the deadline set in a.1 above shall be deemed to have waived his/her rights to become a beneficiary to the project. He/She shall be automatically disqualified and shall be evicted from the project.

(a.7)  Those who have been beneficiaries of the pilot project under the Community Mortgage Program and Unified Home Lending Program and other similar projects in the area shall be disqualified as beneficiaries in the lot disposition project in PHASE-LAD.

(b)  eastside

(b.1)  Application for qualification of beneficiaries shall be submitted on or before June 30, 2004.

(b.2)  Applications for qualification as beneficiary shall be processed and evaluated based on the Code of Policies including the minimum and maximum lot allocation of 35 sq. m. and 60 sq. m.

(b.3)  There shall be a census inclusion that will be conducted thirty (30) days upon effectivity of these rules.

(b.4)  Those who will not submit application as provided in (b.1) and (b.3) above shall be deemed to have waived his/her rights to become a beneficiary to the project. He/She shall be automatically disqualified and shall be evicted from the project.

3.2  Execution of the Contract to Sell

(a)  westside

(a.1)  All qualified beneficiaries shall execute Contract to Sell (CTS) within sixty (60) days from effectivity of the IRR in order to avail of the lot at P700.00 per sq. m.

(b)  eastside

(b.1)  All qualified beneficiaries shall execute CTS within six (6) months after the approval of the subdivision plan by the Department of Environment and Natural Resources (DENR).

(c)  for both eastside and westside

(c.1)  Qualified beneficiaries who failed to execute CTS on the deadline set in item a.1 above in case of westside and in case of eastside six (6) months after approval of the subdivision plan shall be subjected to lot price escalation.

The rate shall be based on the formula to be set by the National Housing Authority factoring therein the affordability criteria. The new rate shall be approved by the NGC-Administration Committee (NGC-AC).

(c.2)  Qualified beneficiaries who failed to execute CTS on the deadline set above shall be evicted from the project after six (6) months.

(c.3)  During the six (6)-months grace period, said beneficiary may execute CTS provided the adjusted price or the new rate for the lot acquisition shall already be applied.

(c.4)  The sale or transfer or other form of alienation by the beneficiary of the lot subject of the Contract to Sell is strictly prohibited.

(c.5)  A beneficiary shall have his/her lot monumented and/or reblocked before he/she can be allowed to execute CTS. DaScAI

For those who cannot undertake monumenting and/or reblocking of their lots due to valid causes and to causes which are not attributable to the fault of the beneficiaries who would like to execute CTS, they shall enter into an agreement with the project office whereby their payment shall be accepted by the project office on account of said beneficiaries as deposit to his/her purchase of the lot which shall be effected upon compliance to monumenting/reblocking requirement.

(c.6)  NGC-PMO shall formulate operating guidelines in the collection of amortization.

3.3.  Execution of Deed Of Absolute Sale (DOAS)

a.  Upon payment of the full purchase price, a Deed of Absolute Sale (DOAS) shall be executed between the trustee and the beneficiary.

b.  The beneficiary shall be responsible for the transfer of the title in their name after payment of local transfer tax and Documentary Stamp Tax.

c.  The sale or transfer or other form of alienation by the beneficiary of the lot awarded to him/her is strictly prohibited except under the following cases:

(i)  succession;

(ii) if the transfer is to a program beneficiary of UDHA and with approval of the PMO and the transfer is made after (5) years from the execution of DOAS.

The prohibition shall be annotated in the individual titles that will be issued to the beneficiary.

d.  In case of death of the beneficiary before full ownership of the lot is vested on him, the lot price shall be deemed fully paid under the Mortgage Redemption Insurance scheme provided the beneficiary is updated in the payment of his/her amortization; except if the cause of non-payment or delay in payment of amortization is not due to the fault of the beneficiary.

3.4  Formulation and approval of the Community Development Plan (CDP)

a.  Master Development Plan (MDP)

(a.1)  The approved/amended MDP by the NGC Housing Committee shall be the basis of the existing CDPs for the westside.

(a.2)  In case of the eastside, there shall be MDP to be deliberated and approved by NGC-AC for submission to the Sangguniang Panlungsod.

b.  Community Development Plan (CDP)

(b.1)  All CDPs shall be developed in accordance with BP 220 and other minimum requirements set by existing rules, regulations and laws.

(b.2)  Revision of the CDP shall require the approval of the majority of the members of good standing of the homeowners' association (HOA). The revision shall be allowed only under the following grounds:

(i)  Violation of Code of Policies;

(ii)  there is need to include the name of newly qualified beneficiary;

(iii)  Fraud committed by officers/members of HOA as ruled and decided by the Arbitration, Reconciliation and Awards Committee (ARAC);

(iv)  In case where rights of a qualified beneficiary are prejudiced as ruled and decided by the Arbitration, Reconciliation and Awards Committee (ARAC);

(v)  And other similar circumstances.

c.  Subdivision Plan

(c.1)  The individual subdivision plan as approved by the LGU together with its complete survey returns shall be submitted for verification and approval to the DENR-National Capital Region (NCR).

(c.2)  Each HOA and the PMO should conform to the approved subdivision plan.

SECTION 4.  Disposition of Certain Portions of the NGC Site for Local Government or Community Facilities, Socioeconomic, Charitable, Educational and Religious Purposes. —

a.  Qualifications of Institutions

(a.1)  Only those institutions tagged and censused as defined herein or those whose allocation was approved by NGCHC or NGC-Eastside Development Committee prior to effectivity of RA 9207 may be given lot allocation in the project.

(i)  PMO shall receive and evaluate applications of institutions for lot allocation.

(ii)  The NGC-Administration Committee (NGC-AC) shall develop criteria and guideline for evaluating and approving application for lot allocation by institutions which shall be implemented by the project trustee.

(a.2)  In case of institutions, not falling under (a.1) but are existing and actually occupying lots in the project, shall upon submission of proof of commencement of operation and verification of the PMO may be given lot allocation. BenchStat

(a.3)  Lot allocation to institutions shall not contravene the approved CDP or Subdivision Plan prior to the effectivity of RA 9207.

(a.4)  Institutions shall be given lot allocation provided they comply with the requirements set by law regarding their establishment and operation as in case of schools, to the requirements set by Department of Education.

(a.5)  Institutions within the Controlled Economic Zone (CEZ) are not qualified to lot allocation and disposition.

(a.6)  Deadline for application for lot allocation for institutions shall be sixty (60) days after the effectivity of these rules.

b.  Disposition

(b.1)  Lot allocation for institutions shall be disposed of through any of the following modes:

(i)  Lease;

(ii)  Sale with right of repurchase or government's right of first refusal;

(iii)  Lease with option to purchase;

(iv)  donation;

(v)  usufruct;

(vi)  other modes of disposition recognized under existing laws.

(b.2)  Lot allocation for institutions shall be based on the existing lot they actually occupied subject however to the approved CDP in the specific area and compliance to BP 220 and other minimum requirements set by pertinent laws, rules and regulations.

(b.3)  In case of private schools and other institutions operating for profit, they shall only be entitled to one (1) lot allocation.

(b.4)  Lot allocation for public schools shall consider the five (5)-year plan of the Department of Education (DepEd) and the same shall be incorporated in the master development plan for the project.

(b.5)  Lot allocation for Community facilities in the area shall comply to BP 220 and other minimum requirements set by pertinent laws, rules and regulations.

(b.6)  Pricing of lots allocated for institutions shall be based on the NHA formula considering therein whether they operate for profit or not. The rate shall be approved by NGC-AC.

(b.7)  Agreements with the institutions regarding lot allocation shall be executed within three (3) months from approval of their allocation. Failure on their part, without the fault of the government, to execute the agreements within the time set, shall be deemed a waiver of their right to lot allocation. Their lot allocation shall thereafter be forfeited.

(b.8)  Failure of the institutions to comply with the terms and conditions provided in the agreements shall automatically forfeit their right to lot allocation.

(b.9)  The NGC-AC shall formulate operating procedures in the acceptance, evaluation and approval of applications of institutions for lot allocation.

(b.10)  The NHA, as trustee shall formulate the pro-forma contracts with the institutions providing therein the standard terms and conditions for the lot allocation.

SECTION 5.  Acquisition of Unacquired Properties and Reconstitution of Titles.

a.  Unacquired Properties:

a.1  DPWH shall acquire directly the remaining unacquired properties

a.2  It can transfer the funds to NHA for acquisition SCEDAI

b.  Modes

b.1  Expropriation

b.2  CMP (Modified — qual., lot size, pricing)

b.3  Direct Sale or Negotiation

b.4  Any other similar scheme under UDHA

SECTION 6.  The NGC Administration Committee. —

a.  The NGC-AC which shall administer, formulate guidelines and policies, and implement the land disposition shall be composed of the following:

(a.1)  HUDCC as Chairperson;

(a.2)  PCUP;

(a.3)  DENR;

(a.4)  LGU-Quezon City;

(a.5)  DPWH;

(a.6)  NHA;

(a.7)  representative from the People's Organizations in the westside;

(a.8)  representative from the People's Organizations in the eastside.

b.  The representation from the people's organizations in the NGC-AC shall be based on the agreement reached among themselves, which shall be embodied in a resolution through their respective People's Consultative Council. In case of disagreements among the POs, the NGC-AC shall decide on the manner of choosing their representative.

The concerned people's organization shall designate official representative to the NGC-AC who should be the President/Vice-President of the organization. In case the President or the Vice-President is not available, any officer of the organization designated as representative by the Board of Directors of the organization.

c.  Functions of the members of the NGC-AC:

In addition to their mandate relative to housing,

(c.1)  HUDCC shall:

(i)  Directly oversee the project operation;

(ii)  Implement policies laid down by NGC-AC;

(iii)  Create a Project Management Office for East and West Side with appropriate administrative support;

(iv)  Serve as Chairperson of the Arbitration, Reconciliation and Awards Committee (ARAC).

(c.2)  NHA shall:

(i)  serve as trustee of the project;

As such it shall serve as the fund manager of the project trust fund, custodian of titles to the properties within the NGC project and manager of institutions and commercial establishments.

(ii) provide technical assistance to the project in the area of estate management;

(iii)  serve as member of ARAC.

(c.3)  PCUP shall:

(i)  be responsible in handling concerns, issues including disputes between and among the people's organizations in the project;

(ii)  assist POs in the conduct of their consultation and other activities;

(iii)  serve as member of ARAC.

(c.4)  DPWH shall:

(i)  undertake the acquisition of properties within the NGC project and initiate the expropriation of the same;

(ii)  undertake the reconstitution of titles to properties within the NGC project;

(iii) upon effectivity of the IRR, shall submit the following:

*  inventory and status of acquired and unacquired properties;

*  list of expropriation cases filed;

*  inventory of titles for reconstitution and the status of administrative and judicial reconstitution filed;

*  financial report regarding properties acquired;

*  status of funds for acquisition.

(c.5)  DENR shall:

(i)  facilitate approval of subdivision plan for the NGC project.

(c.6)  LGU-Quezon City shall:

(i)  ensure the containment of the project site and prevent illegal entrants and construction of new and illegal structures;

(ii)  undertake demolition of structures, in accordance with existing laws, rules and regulations reported by the PMO as illegal structures, to be owned by recalcitrants or found to have violated the Code of Policies of the project;

(iii)  assist in the titling of properties to the beneficiaries by making services of the Assessors' Office, Land Titling Production Unit accessible to the project;

(iv)  provide basic services and infrastructure development for the project, specially upon turn over of the common spaces and roads to the LGU;

(v)  serve as member of ARAC.

(c.7)  People's Organizations shall actively participate in the policy making, planning and implementation of the project. It shall:

(i)  assist the project in disseminating information about the project plans, policies and activities;

(ii)  assist in the containment of the project site by reporting and preventing new entrants, illegal constructions, and illegal selling of rights;

(iii)  serve as member of ARAC.

SECTION 7.  Dispute Settlement. —

a.  There shall be an Arbitration, Reconciliation and Awards Committee (ARAC) composed of the following:

a.1  HUDCC/NGC (represented by NGC Legal)

a.2  PCUP

a.3  NHA

a.4  Q.C. LGU

a.5  NGOs/POs

b.  The ARAC shall receive, hear and settle complaints and disputes involving:

b.1  Disqualification/Qualification of beneficiaries;

b.2  Violation of COP and other relevant laws, rules and regulations; DSacAE

b.3  Appeal from the Decision of project administrator;

b.4  Fraud/misdeed committed by HOA officers.

c.  The ARAC shall evaluate the qualification for Census Inclusion of beneficiaries.

d.  The decision of ARAC is final and executory unless appealed to the NGC-AC within 30 days from receipt of the decision by the parties.

e.  The existing ARAC for east and west shall be merged. The ARAC shall review existing rules of procedure.

SECTION 8.  Trusteeship. —

a.  There shall be a Trust known as the NGC Housing Project Trust. It shall be composed of the titles pertaining to the NGC consisting of those already conveyed and in the possession of Home Guaranty Corporation (HGC) and the rest of the titles to be transferred and held in trust by HGC and the funds representing the recovery of the cost of the land of the NGC as a result of the sale or lease of the property to beneficiaries and institutions.

b.  The NHA shall serve as trustee for the project. As such, it shall have the power and responsibility to execute the trust and coordinate the disposition of the project for the benefit of NGC-PMO.

 

c.  The specific powers and responsibilities of the Trustee, fees of the trustee, warranties and other terms and conditions of the trust shall be embodied in a Trust Agreement to be executed between HUDCC and NHA upon turn-over of the trusteeship function of HGC to NHA.

d.  The turn-over of the trusteeship function from HGC to NHA shall be effected within thirty (30) days from effectivity of these rules.

e.  The Commonwealth Enterprise Zone (CEZ) where the HGC has acquired proprietary interest shall remain under the management and operation of HGC. However, coordination with HUDCC and NHA shall be made where beneficiary concerns are affected.

SECTION 9.  Appropriations. —

a.  Each member agency of the NGC-ARAC shall include in the annual operations of their respective agency the funds necessary for the implementation of the provisions of RA 9207 and its implementing rules and regulations.

SECTION 10.  Repealing Clause. —

a.  All rules, guidelines and issuances or parts thereof which are inconsistent with the provisions of RA 9207 and these rules are hereby repealed or modified accordingly.

SECTION 11.  Effectivity. —

a.  These rules shall take effect upon approval.

Approved, __________, Quezon City.

(SGD.) SEC. MICHAEL T. DEFENSORChairman, HUDCC

(SGD.) ATTY. EDGARDO PAMINTUANGeneral Manager, NHA

(SGD.) MR. PERCIVAL CHAVEZChairman, PCUP

(SGD.) ATTY. FELICIANO BELMONTEMayor, Quezon City

(SGD.) SEC. ELISEA GOZUNDENR

SEC. FLORANTE SORIQUEZ, DPWHNGC POs Westside

(SGD.) CRIS LACSAMANAChairman, PADER

(Sgd.) ENGR. MARIANO TAYORChairman, KAMPI

LISA SAGUMChairman, KAPPASAN

(SGD.) ARCH. MARIO RILLOChairman, ALMACO

(SGD.) BGY. CAPT. FELICITO VALMOCINAChairman, SUPERBLOCK

NGC POs Eastside

(SGD.) ROBERTO MARAÑOChairman, SANAPA

(SGD.) MARIETTA NACIONALChairman, KOSA

(SGD.) NORMA DELA TORREChairman, SAMASAMA

Witnesses:

PCC Westside

(SGD.) JEANETTE DUMOExecutive Director, Kristong Hari FoundationPCC Eastside

ALBERT SORIANO

Chairman, ALABCO

(SGD.) MARISSA CAÑEGA

Chairman, ASAPCO

BALBINO MIRANDA

Chairman, LICHOFED

(SGD.) ANTONIO NATAVIO

Chairman, LUZVIMINDA

MARIETTA NACIONAL

Chairman, PAMANA

PARICIO ACHAS

Chairman, SADAKA

(SGD.) EDITH LUMIO

Chairman, SAMAKAB

ERNESTO OFRACIO

Chairman, CENA

NENITA DEGUMA

Chairman, PACOMBA

TERESITA BUSADRE

Chairman, BAHAI

(SGD.) LUZ JACINTO

Chairman, UNITE Federation

(SGD.) ALBERT PADILLA

Chairman, MADLA

Published inThe Philippine Star on April 30, 2004.