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PRESIDENTIAL DECREE NO. 1670
PRESIDENTIAL DECREE NO. 1670 - AN
ACT PROVIDING FOR THE EXPROPRIATION OF THE PROPERTY ALONG THE ESTERO DE
SUNOG-APOG FORMERLY CONSISTING OF LOTS NOS. 55-A, 55-B AND 55-C, BLOCK
2918 OF THE SUBDIVISION PLAN PSD-11746, COVERED BY TCT NOS. 49286,
49287 AND 49288, RESPECTIVELY, OF THE REGISTER OF DEEDS OF MANILA AND
FOR THE SALE AT COST OF THE LOTS THEREIN TO THE BONA FIDE OCCUPANTS AND
OTHER SQUATTER 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 mandated that the "State shall
establish, maintain and ensure-adequate social services 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 Instructions 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 urban centers;chanroblesvirtualawlibrary
WHEREAS, in compliance with the aforecited Letter of Instructions, the
Governor of Metro Manila under Executive Order No. 6-77 has adopted a
Zonal Improvement Program (ZIP) which addresses the problems of 251
identified slums and other blighted communities in Metro Manila;chanroblesvirtualawlibrary
WHEREAS, the Sunog-Apog 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 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. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of 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 property along the Estero de
Sunog-Apog in Tondo, Manila formerly consisting of Lots Nos. 55-A, 55-B
and 55-C, Block 2918 of the subdivision plan Psd-11746, covered by TCT
Nos. 49286, 49287 and 49288, respectively, of the Registry of Deeds of
Manila, and formerly owned by the Manotok Realty, Inc., with an area of
72,428.6 square meters, more or less, is 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 and 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 Sections 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. chanroblesvirtualawlibrary
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. 15333 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 depress
the expropriation cost. Subject to the foregoing, the just compensation
for the above property should not exceed a maximum of EIGHT MILLION
PESOS (P8,000,000.00), which shall be payable to the owners within a
period of five (5) years in five equal installments.
Section 7. The sum of ONE MILLION SIX HUNDRED
THOUSAND PESOS (P1,600,000.00) and equal amount every fiscal year
thereafter or a total amount of EIGHT MILLION PESOS (P8,000,000.00) 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. chanroblesvirtualawlibrary
Section 8. There is also appropriated the amount of
FIVE MILLION PESOS (P5,000,000.00) to finance such components of the
development plan that the Authority shall implement during the first
year of a 2- year development program as prescribed under the
aforecited Letters of Instructions and a FIVE MILLION PESOS
(P5,000,000.00) on the second 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.
Section 9. All appropriation 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.
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 the 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 by
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 without need of court orders or subjecting 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 him and 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
resolutions 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
the subject of judicial review and shall be final, unless appealed to
the Office of the President within thirty (30) days from receipt of
such decisions, 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, letters
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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