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(NAR) VOL. 7 NO. 3 / JULY-SEPTEMBER 1996
[ HLRB MEMORANDUM CIRCULAR NO. 12, S. 1996, May 24, 1996 ]
BOARD RESOLUTION NO. R-584 "ASSERTING THE AUTHORITY OF THE BOARD TO PROMULGATE RULES, REGULATIONS AND STANDARDS TO GOVERN SUBDIVISION DEVELOPMENT ESPECIALLY THOSE SUPPORTIVE OF AND GEARED TO SPUR SOCIALIZED HOUSING PRODUCTION ALL OVER THE COUNTRY"
Via the subject Board Resolution which was adopted on 13 May 1996, the Board of Commissioners exhorts the HLRB to be heedful and enthused to assert the HLRB authority over subdivision development for the cause of socialized housing in the country.
The complete text of the said Resolution is as follows:
“WHEREAS, the Housing and Land Use Regulatory Board, as the government’s regulatory body for housing development is mandated:
1. Under Presidential Decree No. 957, in relation to Executive Order No. 648 s. 1981, its Charter as amended by Executive Order No. 90 s.1986, to regulate the real estate trade and industry and promulgate rules, regulations and standards for subdivision development;
2. Under Batas Pambansa Blg. 220, to establish and promulgate levels of standards and technical requirements for the development of economic and socialized housing projects and units in urban and rural areas different from those provided under PD No. 957, otherwise known as the Subdivision and Condominium Buyers Protective Decree; PD No. 1216, Defining Open Space in Residential Subdivision; PD No. 1096, the National Building Code of the Philippines; and PD No. 1185, the Fire Code of the Philippines; and the rules and regulations promulgated thereunder;
3. Under Executive Order No. 90, s. 1986, to encourage greater private sector participation in low-cost housing through, among others, liberalization of development standards and simplification of regulations;
4. Under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, as implemented by EO No. 71 s.1993, to continue its rule-making, standard-setting, enforcement, monitoring and adjudicatory functions over subdivision, condominium and other estate development projects; and
5. Under Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992, to implement its balanced housing provision under Section 18 thereof which requires developers of proposed non-socialized housing projects to develop an area for socialized housing equivalent to at least 20% of the main project area or cost; and to assist the local government units, in coordination with other agencies, in the identification of lands for socialized housing and resettlement areas;
WHEREAS, the Presidential Commission on Tagaytay - Taal, an interagency body created under EO No. 84, dated 24 April 1994, was tasked to prepare a Master Plan for the Tagaytay - Taal Areas which cover Tagaytay City and four (4) towns in Cavite namely Alfonso, Magallanes, Mendez-Nunez, and Indang; and six (6) towns in Batangas, namely Agoncillo, Balete, Laurel, Talisay, San Nicolas, Tanauan, Sto. Tomas and Malvar, all of which border Taal Lake; which Master Plan was adopted by virtue of Memorandum Order No. 323, dated 28 November 1995, issued by the President;
WHEREAS, the Master Plan formulated by PCTT provides for substantially higher minimum standards for subdivision development, such as those pertaining to lot sizes, among others, than those required by this Board, resulting in confusion among the developers as to which standard shall prevail;
WHEREAS, acquiescence on the part of the Board to the PCTT standards will, in effect, virtually classify the PCTT areas a “no-socialized housing zone”, giving rise to a situation inimical to the general welfare of the people, especially the homeless and underprivileged in the said localities, and subversive of the objectives of the National Shelter Program;
WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, that the Board shall, as the regulatory body for housing development, firmly assert the authority vested upon it by legislative enactments to promulgate uniform rules, regulations and standards for socialized housing and enforce the same all over the country to encourage socialized housing production and spur attainment of the objectives of the National Shelter Program.
RESOLVED FURTHER AS IT IS HEREBY FURTHER RESOLVED, that the Board shall work towards the reconciliation of the PCTT standards with those of the Board through the continuation of dialogues it has initiated until the conflicting standards shall have been harmonized.”
For your guidance.
Adopted: 24 May 1996
The complete text of the said Resolution is as follows:
“WHEREAS, the Housing and Land Use Regulatory Board, as the government’s regulatory body for housing development is mandated:
1. Under Presidential Decree No. 957, in relation to Executive Order No. 648 s. 1981, its Charter as amended by Executive Order No. 90 s.1986, to regulate the real estate trade and industry and promulgate rules, regulations and standards for subdivision development;
2. Under Batas Pambansa Blg. 220, to establish and promulgate levels of standards and technical requirements for the development of economic and socialized housing projects and units in urban and rural areas different from those provided under PD No. 957, otherwise known as the Subdivision and Condominium Buyers Protective Decree; PD No. 1216, Defining Open Space in Residential Subdivision; PD No. 1096, the National Building Code of the Philippines; and PD No. 1185, the Fire Code of the Philippines; and the rules and regulations promulgated thereunder;
3. Under Executive Order No. 90, s. 1986, to encourage greater private sector participation in low-cost housing through, among others, liberalization of development standards and simplification of regulations;
4. Under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, as implemented by EO No. 71 s.1993, to continue its rule-making, standard-setting, enforcement, monitoring and adjudicatory functions over subdivision, condominium and other estate development projects; and
5. Under Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992, to implement its balanced housing provision under Section 18 thereof which requires developers of proposed non-socialized housing projects to develop an area for socialized housing equivalent to at least 20% of the main project area or cost; and to assist the local government units, in coordination with other agencies, in the identification of lands for socialized housing and resettlement areas;
WHEREAS, the Presidential Commission on Tagaytay - Taal, an interagency body created under EO No. 84, dated 24 April 1994, was tasked to prepare a Master Plan for the Tagaytay - Taal Areas which cover Tagaytay City and four (4) towns in Cavite namely Alfonso, Magallanes, Mendez-Nunez, and Indang; and six (6) towns in Batangas, namely Agoncillo, Balete, Laurel, Talisay, San Nicolas, Tanauan, Sto. Tomas and Malvar, all of which border Taal Lake; which Master Plan was adopted by virtue of Memorandum Order No. 323, dated 28 November 1995, issued by the President;
WHEREAS, the Master Plan formulated by PCTT provides for substantially higher minimum standards for subdivision development, such as those pertaining to lot sizes, among others, than those required by this Board, resulting in confusion among the developers as to which standard shall prevail;
WHEREAS, acquiescence on the part of the Board to the PCTT standards will, in effect, virtually classify the PCTT areas a “no-socialized housing zone”, giving rise to a situation inimical to the general welfare of the people, especially the homeless and underprivileged in the said localities, and subversive of the objectives of the National Shelter Program;
WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, that the Board shall, as the regulatory body for housing development, firmly assert the authority vested upon it by legislative enactments to promulgate uniform rules, regulations and standards for socialized housing and enforce the same all over the country to encourage socialized housing production and spur attainment of the objectives of the National Shelter Program.
RESOLVED FURTHER AS IT IS HEREBY FURTHER RESOLVED, that the Board shall work towards the reconciliation of the PCTT standards with those of the Board through the continuation of dialogues it has initiated until the conflicting standards shall have been harmonized.”
For your guidance.
Adopted: 24 May 1996
(SGD.) ERNESTO C. MENDIOLA
Commissioner and Chief Executive Officer
Commissioner and Chief Executive Officer