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PRESIDENTIAL DECREE NO. 1472
PRESIDENTIAL DECREE NO. 1472
- AMENDING REPUBLIC ACTS NOS. 4852 AND 6026 BY PROVIDING ADDITIONAL
GUIDELINES IN THE UTILIZATION, DISPOSITION AND ADMINISTRATION OF ALL
GOVERNMENT HOUSING AND RESETTLEMENT PROJECTS
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WHEREAS,
the primordial objective of Republic Acts Nos. 4852 and 6026 is the
social and economic uplift of the dislocated families relocated from
the Greater Manila Area to resettlement projects;chanroblesvirtualawlibrary
WHEREAS, some provisions of Republic Acts Nos. 4852 and 6026 have been
found to be unrealistic and inadequate particularly on matters
affecting the disposition, utilization and administration of homelots
and commercial and/or industrial areas in government resettlement
projects; chanroblesvirtualawlibrary
WHEREAS, in many instances, portions, if not the entire area, of the
proper acquired by the National Housing Authority or its
predecessors-in-interest for resettlement and/or for housing
development, have been placed under the operation of land transfer by
the Department of Agrarian reform to the prejudice of the housing
development program of the government;chanroblesvirtualawlibrary
WHEREAS, to insure and hasten the attainment of the objectives of the
law, there is an imperative need to provide additional guidelines in
the utilization, disposition and administration of housing and
resettlement projects of the government.
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, the following:cralaw:red
Section 1. The government resettlement projects in
Sapang Palay, San Jose Del Monte, Bulacan, Carmona, Cavite; San Pedro,
Laguna; Dasmariñas, Cavite; and such other lands or property
acquired by the National Housing Authority or its
predecessors-in-interest or to be acquired by it for resettlement
purposes and/or housing development, are hereby declared as outside the
scope of the Land Reform Program under the Agricultural Land Reform
Code, as amended, and as such, the National Housing Authority or its
predecessors-in-interest shall not be held liable for disturbance
compensation as the case may be.
All third party adverse claims of whatever nature as against the
ownership or possession of the aforesaid property shall be of no effect
as against the government and its instrumentalities; chanroblesvirtualawlibrary
Section 2. The National Housing Authority shall have
the power to summarily eject, without the necessity of judicial order,
any and all squatters' colonies or government resettlement projects, as
well as, any illegal occupant in any homelot, apartment or dwelling
unit owned or administered by it. In the exercise of such power, the
National Housing Authority shall have the right and authority to
request the help of the Barangay Chairman and any peace officer in the
locality. Illegal occupant as used in this Decree shall mean to include
those awardees or lessees whose right to occupy or lease the subject
homelot, apartment or dwelling unit has already ceased by reason of his
violation of the conditions of his award of lease agreement executed in
his favor by the National Housing Authority or its
predecessors-in-interest. In all these cases, however, proper notice of
ejectment either by personal service or by posting the same in the lot
or door of the apartment as the case may be given to the squatter or
illegal occupant concerned as the case may be at least 10 days before
his scheduled ejectment from the premises. The provision of section 2
of Republic Act No. 6026 that no awardee shall be ejected unless he is
transferred to another housing project or to his hometown with the
assistance of the Department of Social Welfare is hereby repealed.
Section 3. Any business enterprise established or to
be established in any of the government resettlement projects may be
registered with the Board of Investments and as such, shall be entitled
to all the incentives and privileges granted under the law.
Section 4. A Certificate of Award issued by the
National Housing Authority to any duly resettled family in any
resettlement project of the government may be used as collateral by the
awardee for a loan from any government financial institution for the
purpose of improving his dwelling unit or for investment to be
established within the resettlement project and for other purposes but
upon prior approval by the General Manager of the National Housing
Authority. chanroblesvirtualawlibrary
Section 5. Homelots including improvement thereon in
government resettlement projects shall be exempted from levy on
execution or attachment, except for non-payment of taxes or other
obligation in favor of the government or foreclosures for the
satisfaction of a mortgage loan previously approved by the National
Housing Authority. chanroblesvirtualawlibrary
Section 6. Homelot in government resettlement
projects shall have an area of not less than 48 square meters and not
more than 300 square meters.
Section 7. Notwithstanding the provision of any law
to the contrary, the Board of Directors of the National Housing
Authority shall have the power to determine the selling price of any
homelot, commercial and/or industrial area within the resettlement
project and may charge amortization and delinquency interest.
Section 8. The National Housing Authority shall
undertake the processing of applications filed by squatters who desire
to be resettled in any government resettlement project and shall
determine their qualifications. Squatters who have occupied the estate
before its acquisition by the government shall be given preference in
the award of homelots in the resettlement project if found qualified
under existing rules and regulations.
Section 9. The National Housing Authority shall
promulgate such rules and regulations as may be necessary with respect
to the proper utilization, disposition and administration of housing
units, homelots and commercial and/or industrial areas in the
resettlement projects of the government and which shall have the force
of law after the same shall have been published in a newspaper of
general circulation.
Section 10. All provisions of laws, decrees, letters
of instructions, rules and regulations which are inconsistent with this
Decree are hereby repealed, modified or amended accordingly.
Section 11. This Decree shall take effect
immediately.
DONE in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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