Transcript PROPOSED UDHA AMENDMENTS Definition of “professional squatter” (sec. 3 [m]) "Professional squatters" refers to individuals or groups who occupy lands without the express consent of the landowner and.

PROPOSED UDHA
AMENDMENTS
Definition of “professional squatter” (sec. 3 [m])
"Professional
squatters"
refers
to
individuals or groups who occupy lands
without the express consent of the
landowner and who have sufficient
income for legitimate housing. The term
shall also apply to persons who have
previously been awarded homelots or
housing units by the Government but
who sold, leased or transferred the same
to settle illegally in the same place or in
another urban area, and non-bona fide
occupants and intruders of lands
reserved for socialized housing. The
term shall not apply to individuals or
groups who simply rent land and
housing from professional squatters or
squatting syndicates;
"Professional squatters” shall
include persons who occupy
lands, with or without the
consent of the landowner, and
thereafter
sell
their
rights
thereto.
Automatic transfer to NHA of Socialized Housing
Sites (sec. 8, 2nd par.)
Government-owned lands under
paragraph (b) of the preceding
section which have not been used
for the purpose for which they
have been reserved or set aside for
the past ten (10) years from the
effectivity
of
this
Act
and
identified as suitable for socialized
housing, shall immediately be
transferred to the National Housing
Authority subject to the approval
of the President of the Philippines
or by the local government unit
concerned, as the case may be, for
proper disposition in accordance
with this Act.
Government-owned lands under
paragraph (b) of the preceding
section which have not been
used for the purpose for which
they have been reserved or set
aside for the past ten (10) years
from the effectivity of this Act
and certified as suitable for
socialized
housing,
shall
automatically be transferred to
the National Housing Authority
without need of approval from
the President of the Philippines
or from the Local Government
Unit.
Modes of Land Acquisition (sec.10): No need to
exhaust other modes
The modes of acquiring lands for
purposes of this Act shall include,
among others, community mortgage,
land swapping, land assembly or
consolidation, land banking, donation
to the Government, joint-venture
agreement, negotiated purchase, and
expropriation: Provided, however, That
expropriation shall be resorted to only
when other models of acquisition have
been exhausted;
The modes of land acquisition
may be resorted to in any order.
Pursuant thereto, expropriation
may be availed of without
exhausting the other modes. Land
acquisition for socialized housing
only requires a deposit of ten
percent of the market value as
indicated in the latest tax
declaration.
Balanced Housing Development (sec. 18)
The Program shall include a system to be specified
in the Framework plan whereby developers of
proposed subdivision projects shall be required to
develop an area for socialized housing equivalent
to at least twenty percent (20%) of the total
subdivision area or total subdivision project cost,
at the option of the developer, within the same
city or municipality, whenever feasible, and in
accordance with the standards set by the Housing
and Land Use Regulatory Board and other existing
laws. The balanced housing development as herein
required may also be complied with by the
developers concerned in any of the following
manner:
(a) Development of new settlement;
(b) Slum upgrading or renewal of areas for priority
development either through zonal improvement
programs or slum improvement and resettlement
programs;
(c) Joint-venture projects with either the local
government units or any of the housing agencies;
or
(d) Participation in the community mortgage
program.
Developers of subdivision projects shall be
required to develop an area for socialized
housing equivalent to at least 20% of the
total subdivision area or total subdivision
project cost, at the option of the developer.
However, such option must be made
manifest in its application for the project.
Furthermore, the said 20% compliance must
be within the same city or municipality.
Only when the developer has substantially
proven that such compliance is not feasible
in the same city or municipality can such
compliance be made outside thereof.
However, said compliance must be made in
the adjacent city or municipality where the
project is to be undertaken. In no case shall
compliance be outside, unless approved by
the local Sanggunian and only after a
favorable recommendation from the Local
Housing Board or similar office. For such
purpose, all concerned LGUs are mandated
to create their respective housing boards.
Addendum to sec. 28 (Eviction & Demolition
Protocol)
In the execution of eviction or demolition orders involving
the underprivileged and homeless citizens, whether
initiated by the government or private individuals, the
following shall be mandatory:
….
(9) Clearnce from the Presidential Commission for the Urban
Poor
New safeguard provision for ejectment cases
When the execution involves the eviction of underprivileged and
homeless citizens or the demolition of their houses, the decision
of the Regional Trial Court shall not be considered as final and
executory unless the urban poor defendants no longer choose to
elevate the case to a higher court (i.e. Court of Appeals).
Furthermore, said defendants shall be exempt from posting the
supersedeas bond as required under Rule 70 of the Rules of Civil
Procedure on Ejectment.