National Government Center (NGC) Housing and Land Utilization Act of 2003

May 17, 2003

REPUBLIC ACT NO. 9207

AN ACT DECLARING CERTAIN PORTIONS OF THE NATIONAL GOVERNMENT CENTER SITE OPEN FOR DISPOSITION TO BONA FIDE RESIDENTS AND LOCAL GOVERNMENT OR COMMUNITY FACILITIES, CHARITABLE, EDUCATIONAL AND RELIGIOUS INSTITUTIONS ACTUALLY OCCUPYING THE SAME FOR SOCIOECONOMIC, CIVIC AND RELIGIOUS PURPOSES, AMENDING FOR THIS PURPOSE PROCLAMATION NO. 1826, SERIES OF 1979 AND FOR OTHER PURPOSES

SECTION 1. Short Title. — This Act shall be known as the "National Government Center (NGC) Housing and Land Utilization Act of 2003."

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to secure the land tenure of the urban poor. Toward this end, lands located in the NGC, Quezon City shall be utilized for housing, socioeconomic, civic, educational, religious and other purposes.

SECTION 3. Disposition of Certain Portions of the National Government Center Site to Bona Fide Residents. — Proclamation No. 1826, Series of 1979, is hereby amended by excluding from the coverage thereof, 184 hectares on the west side and 238 hectares on the east side of Commonwealth Avenue, and declaring the same open for disposition to bona fide residents therein: Provided, That the determination of the bona fide residents on the west side shall be based on the census survey conducted in 1994 and the determination of bona fide residents on the east side shall be based on the census survey conducted in 1994 and occupancy verification survey conducted in 2000: Provided, further, That all existing legal agreements, programs and plans signed, drawn up or implemented and actions taken, consistent with the provisions of this Act are hereby adopted. SEIDAC

SECTION 4. Disposition of Certain Portions of the National Government Center Site for Local Government or Community Facilities, Socioeconomic, Charitable, Educational and Religious Purposes. — Certain portions of land within the aforesaid area for local government or community facilities, socioeconomic, charitable, educational and religious institutions are hereby reserved for disposition for such purposes: Provided, That only those institutions already operating and with existing facilities or structures, or those occupying the land may avail of the disposition program established under the provisions of this Act: Provided, further, That in ascertaining the specific areas that may be disposed of in favor of these institutions, the existing site allocation shall be used as basis therefore: Provided, finally, That in determining the reasonable lot allocation of such institutions without specific lot allocations, the land area that may be allocated to them shall be based on the area actually used by said institutions at the time of effectivity of this Act.

SECTION 5. National Government Center Administration Committee. — There is hereby created a National Government Center Administration Committee to administer, formulate guidelines and policies, and implement the land disposition of the areas covered by this Act. The National Government Center Administration Committee shall be chaired by the Chairperson of the Housing and Urban Development Coordinating Council with the Chairperson of the Presidential Commission for the Urban Poor, the Mayor of Quezon City, the General Manager of the National Housing Authority, the Secretary of the Department of Environment and Natural Resources, the Secretary of the Department of Public Works and Highways and two (2) representatives from duly recognized people's organizations, one (1) from the NGC East side and one (1) from the NGC West side, as members. aEHIDT

SECTION 6. Precedence of Proclamations. — All obligations arising from the contracts entered into by the Home Guaranty Corporation pursuant to the implementation of Proclamation No. 1826, Series of 1979, Proclamation No. 137, Series of 1987, Proclamation No. 248, Series of 1993, Proclamation No. 1169, Series of 1998; including vested rights that have accrued shall remain valid, legal and unassailable so long as they are consistent with the provisions of this Act: Provided, That all conveyance contracts to be executed after the approval of this Act shall be entered into by the Housing and Urban Development Coordinating Council or the National Housing Authority: Provided, finally, That the trusteeship function of the Home Guaranty Corporation over the National Government Center Housing Project (West side) as provided for under the Inter-Agency Memorandum of Agreement among the Department of Environment and Natural Resources, Department of Finance, Home Insurance and Guaranty Corporation (now Home Guaranty Corporation), the National Government Center Housing Committee and Housing and Urban Development Coordinating Council dated May 04, 1989 and Trust Agreement between Housing and Urban Development and Coordinating Council and Home Insurance and Guaranty Corporation (now Home Guaranty Corporation) dated May 4, 1990, excluding those where the Home Guaranty Corporation has acquired proprietary interest such as the Commonwealth Enterprise Zone is hereby transferred to the National Housing Authority. SEIDAC

SECTION 7. Tax Exemption. — All lands already sold and/or disposed by the government pursuant to the existing housing programs and those will be disposed and/or sold after the effectivity of this Act shall be exempted from payment of Capital Gains Tax.

SECTION 8. Oversight Committee. — There is hereby created a Congressional Oversight Committee to monitor the disposition of land subject of this Act. The committee shall be composed of three (3) Senators and three (3) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively. The committee shall be co-chaired by the chairpersons of the Senate and House of Representatives committees on natural resources.

SECTION 9. Implementing Rules and Regulations. — Within thirty (30) days from the effectivity of this Act, the National Government Center Administration Committee shall promulgate the rules and regulations to effectively implement the provisions of this Act. SEIDAC

SECTION 10. Appropriations. — The funds necessary for the implementation of the provisions of this Act shall be included in the annual appropriations of each agency concerned.

SECTION 11. Repealing Clause. — All laws, decrees, executive orders, proclamations, rules and regulations, and issuances, or parts thereof which are inconsistent with the provisions of this Act, are hereby repealed or modified accordingly. HCATEa

SECTION 12. Separability Clause. — If any provision of this Act is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue to be in full force and effect.

SECTION 13. Effectivity. — This Act shall take effect upon its approval.

Approved: May 17, 2003

Published in the Manila Times and Today newspaper on June 3, 2003. Published in the Official Gazette, Vol. 99 No. 31 Page 4914 on August 4, 2003.