EXECUTIVE ORDER NO. 184
EXECUTIVE ORDER NO. 184 - CREATING
SOCIALIZED HOUSING ONE-STOP PROCESSING CENTERS TO FACILITATE THE
PROCESSING AND ISSUANCE OF PERMITS, CLEARANCES, CERTIFICATIONS AND
LICENSES APPROPRIATE AND NECESSARY FOR THE IMPLEMENTATION OF SOCIALIZED
HOUSING PROJECTS, AND DIRECTING ALL GOVERNMENT AGENCIES CONCERNED TO
SUPPORT THE OPERATIONS OF THE SAID CENTERS
WHEREAS, consistent with Sec. 9,
Article III of the Constitution which mandates the provision of decent
housing and basic services to the underprivileged and homeless, the
present Administration through the various housing agencies of the
government, has embarked on a massive socialized housing program;
WHEREAS, to attain targets set under the government’s socialized
housing program, maximum private sector participation is imperative:
WHEREAS, in undertaking socialized housing projects contemplated under
Republic Act No. 7279 otherwise known as the Urban Development and
Housing Act of 1992, the developer/proponent must secure the
appropriate and necessary permits, clearances, certifications and
licenses from various government agencies which include the Department
of Agrarian Reform (DAR), the Department of Environment and Natural
Resources (DENR), the Department of Agriculture (DA), the Housing and
Land Use Regulatory Board (HLURB), and the local government units
(LGUs) concerned;
WHEREAS, despite various tax and other incentives offered by government
to developers/proponents of socialized housing projects, maximum
private sector participation is not realized in view of existing
processes in the issuance of permits, clearances, certifications and
licenses which are found to be cumbersome and time-consuming, thereby
causing considerable delays in project implementation and resulting in
added costs that further impair the affordability of socialized housing
units;
WHEREAS, Sec. 20 of Republic Act No. 7279 mandates the creation of
one-stop offices in the different regions of the country to handle the
processing, approval and issuance of permits, clearances,
certifications and licenses and that the same be issued within ninety
(90) days from submission of all requirements by the
developer/proponent; and
WHEREAS, there is a need to implement the above-mentioned statutory
mandate to further strengthen the on-going efforts to streamline
bureaucratic procedures and hasten government processing and issuance
of permits, clearances, certifications and licenses.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by the law, do hereby
order:
Section 1. Creation of Socialized Housing One-Stop
Processing Centers. — The creation of Socialized Housing One-Stop
Processing Centers (SHOPCs) is hereby directed in all the
administrative regions of the country to be manned by representatives
from the following agencies:
a.
The Housing and Urban Development Coordinating Council (HUDCC);
b. The Housing
and Land Use Regulatory Board (HLURB);
c. The
Department of Agrarian Reform (DAR);
d. The
Department of Environment and Natural Resources-Land Management Bureau
(DENR-LMB);
e. The
Department of Agriculture (DA); and
f. The
Department of the Interior and Local Government (DILG);
The above-named agencies are hereby directed to designate an organic
official/employee to man their respective Desks in all SHOPCs. In this
connection, the Heads of said agencies shall, subject to existing laws
and as far as practicable, delegate sufficient authority to their
respective Desks to evaluate and process applications to undertake
socialized housing projects, as well as supporting documents therefor,
render final or appropriate action thereon, and sign and issue the
corresponding permits, clearances, certifications and licenses
therefor.
The Chamber of Real Estate and Builders Associations, Inc. (CREBA) or
any other non-governmental organization involved in socialized housing
projects, and the League of Governors and City Mayors of the
Philippines (LGCMP), may be invited and asked by the HUDCC to set up
their Desks in the SHOPCs to provide private sector monitoring of the
operations of the SHOPCs and provide such other services to facilitate
coordination among and between the SHOPC Desks, other government
agencies and applicant developers/proponents.
Sec. 2. Powers of the SHOPCs. — Subject to
existing laws and the provisions of the preceding Section , the SHOPCs
shall, within their respective regions and through the respective Desks
of the above-named agencies, exercise the following
powers:
a.
Issue Locational Clearances, Conversion Orders or Certificates of
Exemption (from the coverage of the Comprehensive Agrarian Reform
Program [CARP]), Development Permits and Licenses to Sell in favor of
applicant developers/proponents of socialized housing projects;
b. Issue
Environmental Clearance Certificate whenever required;
c. Determine
disturbance compensation for tenant-farmers/farmworkers affected by the
land conversion and ensure that affected tenant-farmers/farmworkers are
duly compensated;
d. Ensure the
simplification of processing and approval of licenses, permits and
clearances to comply with the 90-day period mandated under Sec. 20
of Republic Act No. 7279; and
e. Call on
other agencies/entities for support/assistance as may be deemed
necessary to attain the objectives set forth under this order.
Sec. 3. Agency Responsibilities. — The SHOPC Desks
shall have the following responsibilities:
1.
HUDCC Desk
a.
Coordinate, monitor and exercise administrative supervision over the
SHOPC;
b. Determine
administrative and operational costs of the SHOPC and pro-rate the
contribution of each Desk to said costs;
c. In
consultation with the agencies concerned, determine the number of
staff/personnel required for the effective operation of the
SHOPC;
d. Identify
and call upon other government agencies or offices whose support is
vital to the operation of the SHOPC;
e. Prepare and
submit to the HUDCC head office, status reports on the operations and
performance of the SHOPC; and
f. Perform
such other responsibilities as may be required.
2.
HLURB Desk
a.
Accept applications for socialized housing projects;
b. Inspect the
proposed project site and determine its suitability for socialized
housing purposes;
c. Recommend
to the DAR Desk, the conversion of lands suitable for socialized
housing;
d. Evaluate
the application, technical plans as well as other supporting documents
and papers in support of the application, and recommend final approval
thereof to the concerned LGU;
e. Issue
Locational Clearances and Licenses to Sell;
f. Subject to
par. 4 (a) below, certify that the proposed project site is not
included in the DENR list/map of environmentally critical areas; and
g. Perform
such other responsibilities as may be required.
3.
DAR Desk
a.
Determine and fix the amount of disturbance compensation based on the
formula jointly set by the Department of Agriculture (DA) and
Department of Agrarian Reform (DAR) pursuant to Sec. 7 (1) of RA No.
6389, and ensure that the affected tenant-farmers/farmworkers are duly
compensated;
b. Evaluate
applications for land conversion/exemption from CARP coverage that may
be referred or recommended by the HLURB Desk, and in meritorious cases,
issue conversion/exemption certificates therefor; and
c. Perform
such other responsibilities as may be required.
4.
DENR -LMB Desk
a.
Issue Environmental Clearance Certificates relative to applications for
projects located within environmentally critical areas but only until
such time that the SHOPCs have been furnished with maps and listings of
such areas;
b. Verify land
surveys and other pertinent plans submitted by applicant
developers/proponents;
c. Evaluate
and approve subdivision surveys; and
d. Perform
such other responsibilities as may be required.
5.
DILG Desk
a.
Coordinate with the concerned Sanggunian/LGU to facilitate the required
approvals for the project, viz., development/building permits; and
b. Perform
such other responsibilities as may be required.
6.
CREBA or Non-Governmental Organization or LGCMP Desks
a.
Assist the HUDCC in monitoring the operations and activities of the
SHOPCs to ensure compliance with the provisions of this Order and the
guidelines which may be promulgated in connection therewith; and
b. Conduct
liaison activities between the various Desks of the SHOPCs and other
government agencies, viz., the various offices of the Provincial/City
Registers of Deeds, including providing manpower support to the SHOPCs,
to facilitate processing and approval of applications/documents.
Sec. 4. Processing Guidelines and Flow Chart. —
The agencies named in Section 1 hereof shall jointly promulgate
specific guidelines as well as a flow chart to expedite and simplify
the processing and approval of applications for permits, clearances,
certifications and licenses required to undertake socialized housing
projects, in compliance with the mandate that such applications be
acted upon within the 90-day period prescribed under Sec. 20 of
Republic Act No. 7279, which guidelines may be revised from time to
time, when the need arises.
Sec. 5. Submission of Certain Documents and Maps
to the SHOPCs by Concerned Agencies. — To ensure the successful
operation of the SHOPCs, the following agencies shall, within thirty
(30) days from issuance of this Order, submit to the HUDCC, the
following documents and maps, which shall be updated regularly, but at
least every quarter, whenever requested:
1.
DA
a.
Masterlist and corresponding maps of irrigated and irrigable lands; and
b. Complete
listing of the crops and value of annual yields on irrigated and
irrigable lands and other types of agricultural lands.
2.
All Cities and Municipalities
a.
Town/city zoning plans;
b. Land-use
maps and zoning ordinances; and
c. List and
corresponding maps of lands identified as suitable for socialized
housing projects/purposes.
3.
DENR-EMB
a.
Complete list and corresponding maps of environmentally critical areas
and lands actually used or reserved as parks for flora and fauna,
forests and watersheds, and other similar purposes, and other areas
necessary to maintain or assure ecological balance and environmental
protection.
4.
HLURB
a.
Land-use maps and town/city plans approved by the HLURB prior to June
15, 1988; and
b. List and
corresponding maps of urban and urbanizable areas.
5.
DAR
a.
Master list and maps of lands covered by Voluntary Offer to Sell (VOS),
Notice of Acquisition (NA) or Notice of Coverage issued pursuant to the
CARP; and
b. Master list
of bona-fide tenant-farmers duly identified as CARP beneficiaries.
Sec. 6. Developer/Proponent’s Undertaking and
Penalties for Non-Compliance. —
(a) To assure completion of the socialized housing project, the
applicant developer/proponent shall file together with his application
a sworn Undertaking stating that the proposed socialized housing
project shall be completed or fully developed within a period of one
(1) year from the issuance of the permits, clearances, certificates and
licenses therefor for projects having a land area of less than five (5)
hectares, and at the rate of at least five (5) hectares per year for
projects with a land area of five (5) hectares or more.
(b) In addition to the penalties imposed under
existing laws, executive and administrative issuances, the following
sanctions shall be imposed on a developer/proponent who has failed to
comply with his Undertaking, made misrepresentations in his
application, or is found to have committed any act or omission to
circumvent the intent and purposes of this Order, as follows:
1.
Cancellation/suspension of previously issued permits, clearances,
certifications and licenses in connection with the approved socialized
housing project; and/or
2. Permanent
or limited suspension from engaging in any business related to real
estate development or housing projects; and/or
3. Reversion
of the land (project site) to its original status as agricultural land.
The agencies named in Section 1 hereof shall jointly promulgate the
appropriate guidelines to implement the provisions of this section.
Sec. 7. Fees. — In addition to the fees fixed and
collected by the concerned agencies in connection with the permits,
clearances, certifications and licenses to be issued in favor of an
applicant developer/proponent, the SHOPCs are authorized to impose
additional fees and charges as may be determined by the HUDCC.
Sec. 8. Administrative and Operational Costs. —
The component agencies shall include in their respective annual budgets
their pro-rata share in the administrative and operational costs of the
SHOPCs, in consultation with the HUDCC.
Sec. 9. Separability Clause. — In the event any
provision hereof is declared invalid by any competent court or
tribunal, the other provisions hereof unaffected thereby shall remain
in full force and effect.
Sec. 10. Repealing Clause. — All executive or
administrative issuances or parts thereof inconsistent herewith are
hereby amended or modified accordingly.
Sec. 11. Effectivity. — This Order shall take
effect immediately.
DONE in the City of Manila,
this 27th day of June in the year of Our Lord, Nineteen Hundred and
Ninety-Four.
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