WHEREAS, the quality of human life in our times is inescapably determined by the relationship amongst human populations, resources, the environment, and intelligent policies;
WHEREAS, human settlements is an integrative concept embracing the interdependence of man's environment, human shelters and structures, and the design and organization of human communities consistently with a national framework plan, all for the people's security and well-being.
WHEREAS, our programs of reform now call for the organization of a body that is adequate and responsive to the manifold tasks of formulating human settlements perspectives and policies, designing operational programs for the control of all forms of environmental blight or deterioration, and adopting and implementing measures for ensuring the safety and wholesomeness of life in our communities with due regard to considerations of space, efficient land use, equity in resource distribution, and rational relationship amongst our communities.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree and make as. part of the laws of the land the following:
SECTION 1. Declaration of Policy.—It is hereby declared to be the policy of the Government (a) to liberate our human communities from blight, congestion, and hazard, and to promote their development and modernization; (b) to bring about the optimum use of land as a national resource for public welfare rather than as a commodity of trade subject to price speculation and indiscriminate use; (c) to effect rational interdependence of communities both within as well as amongst the various regions; (d) to preserve and promote a dynamic balance between the physical beauty of our land and waters on the one hand, and the handiwork of human technology on the other; and finally, (e) to realize those policies through the human settlements approach; engaging in these activities the best efforts of the private and public sectors.
SEC. 2. Definitions.—As used in this Decree, the following words or phrases shall have the following meanings or definitions:
SEC. 3. Creation of the Human Settlements Commission.—For the purpose of carrying out the above declared policy, there is hereby created a Human Settlements Commission, hereinafter referred to as the Commission, which shall be under the Office of the President of the Philippines."
The Commission shall be composed of the following members: (1) the Deputy Director-General, National Economic and Development Authority; (2) the Undersecretary, Department of Public Works, Transportation and Communications; (3) the Undersecretary Department of Public Highways; (4) the Undersecretary, Department of Natural Resources; (5) the Undersecretary, Department of Justice; (6) the Undersecretary, Department of Local Government and Community Development; (7) the General Manager, National Housing Authority; (8) the full-time Commissioner of the National Pollution Control Commission; (9) Undersecretary of Agriculture; (10) Deputy Commissioner of the Budget and (11) a Chairman appointed by the President who shall be a member of the National Economic and Development Authority.
The Chairman and members of the Commission may be allowed to receive per diems and allowances as may be necessary for the performance of their duties.
The Commission is authorized to create such working subcommittees as may be needed for carrying out the functions of the Commission.
The Commission shall appoint and maintain an adequate technical and administrative staff, which will be headed by an Executive Director. The Task Force on Human, Settlements created and organized pursuant to Executive Order No. 419 and Presidential Decree No. 297, both dated September 19, 1973, shall be abolished upon the organization of the Commission herein created and its pertinent functions together with the applicable personnel, balance of appropriations, records, equipment and property shall be transferred to the Commission.
The pertinent physical planning functions of the Planning and Project Development Office (PPDO) created by Department Order No. dated June 27, 1972 of the Department of Public Works, Transportation and Communications (DPWTC) are hereby transferred to the Commission, together with such applicable personnel, appropriations, records, equipment, and property as maybe mutually determined by the DPWTC and the Commission. However, the DPWTC shall retain such physical planning functions as are essential to and supportive of the infra-structure program and operations of the DPWTC and of the corporations attached to the Department.
The regular professional and technical personnel of the Commission shall be exempt from WAPCO rules and regulations.
SEC. 4. Functions.—The Commission shall have the following functions:
SEC. 5. National Planning Functions.—The Commission shall submit the integrated national multi-year and annual Human Settlements Plans to the NEDA Board for coordination and integration with the national development plan. It shall also submit the proposed draft legislation, if necessary, for the implementation of such plans. Once the Human Settlements Plan has been approved and the implementing legislation promulgated, all plans, programs and projects of the government and the private sectors related to human settlements shall conform to the guidelines and standards set forth therein.
The Commission shall also submit to the NEDA an Annual Human Settlements Plan consistent with the annual development budget and such annual plans which NEDA may prepare, for integration into the national development plan. Said Annual Plan shall be submitted in time for consideration in the preparation of the development budget and the national development plan.
SEC. 6. Regional Planning Functions.—For the effective integration of economic planning with the physical planning of human settlements, the NEDA and the Commission shall be in constant and regular consultation with each other and shall effect a mutual reporting system.
At the request of a Regional Development Council (RDC) the Commission may prepare the regional plan for that region and/or may provide such necessary technical and planning assistance as may he necessary. The Commission may help the RDCs to establish their respective physical planning units.
SEC. 7. Project Implementation.—Except as otherwise provided herein, the Commission may not undertake project implementation involving specific sites except in the case of pilot or experimental projects which may or may not form part of the Planned Development Units. For this purpose, with the prior concurrence of the NEDA, it may undertake the project itself or designate any suitable government agency or agencies, any qualified private organization, or any other qualified group of persons to undertake said pilot or experimental projects. In the latter case, it shall issue a designating order with the approval of and through the President which shall embody the powers and functions of said organizations including the nature, extent and duration of its special authority, consistent with existing laws.
SEC. 8. Regulatory Functions—
- National standards, rules and regulations to be followed and observed by the regional and local planning authorities in the preparation and implementation of human settlements policies, plans and programs.
- Regional standards and guidelines on land use, classification, and readjustment schemes in coordination with the appropriate government entities and with the concurrence of the Regional Development Councils concerned.
- Model ordinances and development regulations such as zoning, subdivision and building regulations, and housing and rental codes for the guidance of and possible consideration, by regional and local planning authorities, including local governments.
SEC. 9. General Powers of the Commission.—In order to perform its various functions, the Commission shall have the following general powers, subject to existing laws:
SEC. 10. Powers of the Commission Upon Notice and Hearing.—The Commission shall have the following powers, upon proper notice and hearing:
SEC. 11. Powers of the Commission Without Hearing.— The Commission shall have the power to do the following without hearing:
SEC. 12. Submission of Annual Reports.—The Commission shall render an Annual Report and such other reports as may be necessary to the Office of the President.
SEC. 13. Commission Procedure.—All inquiries, studies, hearings, investigations and proceedings conducted by the Commission shall be governed by rules adopted by the Com-mission, and in the conduct thereof the Commission shall not be bound by technical rules of evidence: Provided, That the Commission may summarily punish for contempt, by a fine not exceeding five hundred pesos (P500.00) or, upon order of the Court upon application of the Commission in the appropriate contempt proceedings, by imprisonment of not exceeding thirty (30) days or both, any person guilty of such misconduct in the presence of the Commission or so near thereto as to seriously interrupt any hearing or session or any proceeding before it, including cases wherein a person willfully fails or refuses, without just cause, to comply with a summons, subpoena, or subpoena duces tecum legally issued by the Commission, or, being present at a hearing, session or investigation, refuses to be sworn as a witness or to answer questions when lawfully required to do so, or to furnish information required by the Commission under this Decree. The sheriff or ether police agencies of the place where the hearing or investigation is conducted shall, upon the request of the Commission, assist it to enforce the provisions of this Section.
SEC. 14. Review of Commission's Decision or Order.—A party adversely affected by any decision or order of the Commission in the exercise of its powers subject to hearing, may, within a period of thirty (30) days. from receipt of said decision or order, appeal to the Office of the President in accordance with the provisions of Executive Order No. 19, series of 1966. A motion for reconsideration filed with the Commission within the period for appeal shall stop or suspend the running of the period for appeal to the Office of the President and the period for appeal shall continue to run again from the date of receipt by the party concerned of the denial of his motion for reconsideration by the Commission.
SEC. 15. Penalties.—(a) Any person who shall give false or misleading data or information or willfully or through gross negligence, conceals or falsifies a material fact, in any investigation, inquiry, study or other proceedings held pursuant to this Decree, shall be punished with imprisonment of not less than four nor more than six months with a fine of not less than five hundred pesos nor more than one thousand pesos: Provided, That if the false or misleading data or information shall have been given under oath, the maximum penalty for giving false testimony or perjury shall be imposed.
(b) Any person or establishment who violates any provision of this Decree or any order, decision, ruling or regulation of the Commission shall, upon conviction for the first time, be warned and placed on probation under such terms and conditions as the proper Court may impose. On second conviction, the penalty to be imposed shall be the removal, withdrawal, cessation or refusal of infrastructure support, namely: highways, sewage, water electric power and the like. On the third and subsequent convictions, the offender shall, in addition to the penalty imposed on second conviction, be sentenced to imprisonment for a period of not less than six months nor more than five years and a fine of not less than five thousand pesos: Provided, That if the offender is a corporation, partnership or juridical person, the penalty of imprisonment shall be imposed on the officer or officers responsible for permitting or causing the violation.
SEC. 16. Domicile.—The principal office of the Commission shall be established in Metropolitan Manila. The Commission may also have branches or offices at such other place or places in the Philippines, as the operations and activities of the Commission may require.
SEC. 17. Appropriations.—The budget of the Commission shall be twenty-nine million pesos (P29,000.000 00) for calendar year 1976 which is hereby appropriated out of any funds in the National Treasury. Thereafter, such amount as necessary to carry out the provisions of this Decree shall be included in the Annual Appropriations Act.
SEC. 18. Separability Clause.—If any provision of the Decree shall be held invalid, the remainder shall not be affected thereby.
SEC. 19. Repealing Clause.—Any provision of law, executive order, rule or regulation inconsistent with this Decree are hereby repealed or modified accordingly.
SEC. 20. Effectivity.—This Decree shall take effect immediately.
Done in the City of Manila, this 13th day of May in the year of Our Lord, nineteen hundred and seventy-six.
(Sgd.) |
FERDINAND E. MARCOS | ||||||||
President |
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Republic of the Philippines | |||||||||
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By the President: | ||||||||
(Sgd.) |
JACOBO C. CLAVE | ||||||||
Presidential Executive Assistant |