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PRESIDENTIAL DECREE NO. 1669
PRESIDENTIAL DECREE NO. 1669 - AN
ACT PROVIDING FOR THE EXPROPRIATION OF THE PROPERTY KNOWN AS THE
"TAMBUNTING ESTATE" REGISTERED UNDER TCT NOS. 119059, 122450, 122459,
122452 AND LOT NOS. 1-A, 1-C, 1-D, 1-E, 1-F, 1-G AND 1-H OF (LRC)
PSD-230517 (PREVIOUSLY COVERED BY TCT NO. 119058) OF THE REGISTER OF
DEEDS OF MANILA AND FOR THE SALE AT COST OF THE LOTS THEREIN TO THE
BONA FIDE OCCUPANTS AND OTHER SQUATTERS FAMILIES AND TO UPGRADE THE
SAME, AND AUTHORIZING THE APPROPRIATION OF FUNDS FOR THE PURPOSE
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WHEREAS,
the Constitution of the Philippines, mandates that the "State shall
establish, maintain and ensure adequate social service in the field of.housing.to guarantee the enjoyment of the people of a
decent standard of living " and directs that "The State shall promote
social justice to ensure the dignity, welfare and security of all the
people" and."shall regulate the acquisition, ownership, use and
enjoyment and disposition of private property and equitably diffuse
property ownership and profit"; chanroblesvirtualawlibrary
WHEREAS, Letters of Instruction Nos. 555 and 557 declared as a national
policy that slum improvement, otherwise known as upgrading of sites and
services, is an acceptable approach to meeting the housing needs of the
country and the primary strategy for dealing with slums, squatter areas
and other blighted communities in urban centers;chanroblesvirtualawlibrary
WHEREAS, in compliance with the aforecited Letters on Instructions, the
Governor of Metro Manila under Executive Order No. 6-77 has adopted a
Zonal Improvement Program (ZIP) which addresses the problem of 251
identified slums and other blighted communities in Metro Manila;chanroblesvirtualawlibrary
WHEREAS, the Tambunting area in Metro Manila is a blighted community
included in the 251 sites for upgrading under the ZIP;chanroblesvirtualawlibrary
WHEREAS, pursuant to Presidential Decree No. 1517 proclaiming urban
land reform in the country, the entire Metropolitan Manila area has
been declared under Proclamation No. 1893 as an urban land reform zone;
and,
WHEREAS, pursuant to Presidential Decree No. 1517, in cases where the
tenants and occupants of urban properties declared as urban land reform
areas are unable to purchase the same from the owners, the Government
shall acquire the lands and improvements thereon by expropriation or
other land acquisition techniques.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution do hereby decree as part of the law of the land that:cralaw:red
Section 1. The real properties known as the
"Tambunting Estate" and covered by TCT Nos. 119059, 122450, 122459,
122452 and Lots Nos. 1-A, 1-C, 1-D, 1-E, 1-F and 1-H of (LRC)
Psd-230517 (Previously covered by TCT No. 119058) of the Register of
Deeds of Manila with an area of 52,688.70 square meters, more or less
are hereby declared expropriated. The National Housing Authority
hereinafter referred to as the "Authority" is designated administrator
of the National Government with authority to immediately take
possession, control, disposition, with the power of demolition of the
expropriated properties and their improvements and shall evolve and
implement a comprehensive development plan for the condemned properties.
Section 2. The comprehensive development plan shall
consider the upgrading of existing dwelling units, the relocation of
qualified squatter families to a resettlement areas nearby; and the
re-blocking, re-arrangement and re-alignment of existing dwelling and
other structures to allow for the introduction of basic facilities and
services, all in accordance with the provision of the Metro Manila ZIP
Program. The Authority shall maximize the land use of the area and
shall provide for a controlled, orderly and structured growth of
dwellings in an environment provided with adequate sanitary and other
physical facilities. chanroblesvirtualawlibrary
Section 3. The development of the area shall be an
inter-agency effort and shall be funded, designed, undertaken and funds
invested in the project recovered according to the provisions of
Letters of Instructions Nos. 555 and 557 as amended.
Section 4. Land Tenure shall be consistent with that
defined by Letter of Instructions No. 555 as amended. The purchase
price of the raw land shall be affixed at a per square meter cost
established to recover the expropriation price stated in Section 6 and
7 of this Decree.
Section 5. All expropriated areas not otherwise put
to use for low-income housing as provided above, may be developed,
improved with dwelling units and rented or sold to low and middle
income groups, or may be put to commercial use, at the option of the
Authority in consultation with the local government in order to
generate subsidies to help defray the development cost of this project
or other similar projects.
Section 6. Notwithstanding any provision of law or
decree to the contrary and for the purpose of expropriating this
property pegged at the market value determined by the City Assessor
pursuant to Presidential Decree No. 76, as amended, particularly by
Presidential Decree No. 1533 which is in force and in effect at the
time of the issuance of this decree. In assessing the market value, the
City Assessor shall consider existing conditions in the area notably,
that no improvement has been undertaken on the land and that the land
is squatted upon by resident families which should considerably
depressed the expropriation cost. Subject to the foregoing, the just
compensation for the above property should not exceed a maximum of
SEVENTEEN MILLION PESOS (P17,000,000.00) which shall be payable to the
owners within a period of five (5) years in five (5) equal installments.
Section 7. The sum of THREE MILLION FOUR HUNDRED
THOUSAND PESOS (P3,400,000.00) and equal amount every fiscal year
thereafter or a total amount of SEVENTEEN MILLION PESOS
(P17,000,000.00) are hereby appropriated from the general fund in the
National Treasury or from such other sources as may be available to the
National Housing Authority for the payment of just compensation of the
expropriated property as may be established as provided under Section 6
above.
Section 8. There is also appropriated the amount of
FIFTEEN MILLION PESOS (P15,000,000.00) to finance such components of
the development plan that the Authority shall implement during the
first year of a 3-year development program as prescribed under the
aforecited Letters of Instructions and a FIVE MILLION PESOS
(P5,000,000.00) yearly thereafter for the second and third year of the
program, provided that these funds shall be considered as a grant to
the Authority and shall not form part of its authorized capital. The
total development cost will amount to TWENTY FIVE MILLION PESOS
(P25,000,000.00).
Section 9. All appropriations shall be made available
by the Budget Commission to the National Housing Authority according to
the provisions of the program to be evolved and implemented by the
Authority for the area. chanroblesvirtualawlibrary
Section 10. The amounts appropriated under Sections 7
and 8 of this Decree are to be recovered from all beneficiaries of the
development project in accordance with Letter of Instructions No. 555
as amended. These amounts shall remain with Authority for its use under
its National Housing Program for other areas. In consideration of
the disposition and grant of benefits under this Decree, payment of
beneficiaries shall be made religiously and after a grace period of
three months, failure to pay or update dues and/or amortizations shall
cause the summary ejectment of the violators from the lots allocated to
them by the Authority or its duly authorized representatives to any
civil or criminal liability. Furthermore, the ejected beneficiary shall
be treated as a mere squatter on the premises with all the force of law
applied upon on him with no further right to the benefits of this
Decree. This provision shall be embodied in the Agreement between the
Authority and the beneficiaries. chanroblesvirtualawlibrary
Section 11. The decisions, rulings, orders or
resolution of the Authority relative to the project development and
disposition of the lots or dwelling units or such rights acquired
hereunder, or to the ejectment of delinquent beneficiaries cannot be
subject to judicial review and shall be final, unless appealed to the
Office of the President within thirty (30) days from receipt of such
decision, rulings, orders or resolutions; provided, however, that the
Office of the President is deemed to have affirmed on appeal such
decision, ruling, order or resolution if within sixty (60) days from
notice of appeal the said Office has not reversed nor modified the same.
Section 12. All acts, parts of acts, decrees, letter
of instructions, ordinances or rules and regulations which are
inconsistent herewith are hereby repealed, amended or modified
accordingly.
Section 13. If for any reason a section or provision
of this Decree is declared to be unconstitutional or invalid, the other
sections or provisions hereof, which are not affected thereby shall
continue in full force and effect.
Section 14. This Decree shall take effect immediately.
DONE in the City of Manila,
this 28th day of January, in the year of Our Lord, nineteen hundred and
eighty.
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