WHEREAS, it
is a declared objective of the New Society to effect social, economic,
and political reforms attuned to the establishment of a secure national
community and to an improving quality of life for all citizens and for
all others who may sojourn upon our shores;chanroblesvirtualawlibrary
WHEREAS, the quality of human life in our times is inescapably
determined by the relationships amongst human populations, resources,
the environment, and intelligent policies;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
WHEREAS, the New Society's reform programs now call for the
organization of a body that is adequate and responsive to the manifold
tasks of formulating intelligent long-term human settlements
perspectives and policies, designing operational programs for the
control of all forms of environment 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 relationships amongst our communities.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081, dated September 21, 1972, General
Order No. 1, dated September 22, 1972, as amended, and in order to
effect the desired changes and reforms in the social, economic, and
political structure of our society, do hereby order and decree and make
as part of the law of the land the following: chanroblesvirtualawlibrary
Section 1. Declaration of Policy. — It is hereby
declared to be the policy of the Government (a) to liberate our urban
communities from blight, congestion, and hazard, and to promote the
modernization of our human communities; (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 inter-dependence 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 these policies through the human settlements
approach, engaging in these activities the best efforts of the private
and public sectors of the New Society.
Section 2. Creation of Human Settlements and Planning
Commission. — For the purpose of carrying out the above declared
policy, there is hereby created a Human Settlements and Planning
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 Secretary of National Defense,
the Secretary of Public Works, Transportation and Communications, the
Secretary of Local Government and Community Development, the Chairman
of the Board of Investments, or their representatives, and the
incumbent Chairman of the Task Force on Human Settlements.
The President of the Philippines shall appoint from among the
above-mentioned officials the Chairman of the Commission, who shall
also be an ex-officio member of the Development Budget Coordination
Committee of the National Economic and Development Authority.
The Chairman and members of the Commission shall serve without
compensation, but may receive allowances while engaged in official
assignments for the Commission.
The Commission shall meet regularly at least once a month.
The Commission shall appoint and maintain an adequate Administrative
staff. It shall also have a working staff which shall consist of the
working staff of 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. The Planning and Project
Development Office of the Department of Public Work, Transportation and
Communications is hereby integrated with the working staff of the Task
Force on Human Settlements. Their powers and functions, appropriations,
records, assets and liabilities, rights, chooses in action, and
obligations are transferred to, vested in and assumed by the Commission.
The working staff shall undertake and perform such functions, duties
and activities as are now assigned to it by the aforesaid Executive
Order, and those that may be required by the Commission. The terms and
conditions of employment of the members of the above-named working
staff shall continue to be governed by the provisions of the aforesaid
Executive Order. In view of the fact that human settlements approach is
a new approach to development, even internationally, the personnel of
the working staff, whether recruited by the Commission or detailed to
its service upon its request, are hereby declared policy-determining,
primarily confidential or highly technical: Provided, That except as to
positions which are policy-determining, primarily confidential or
highly technical, all positions in the administrative staff but not the
working staff of the Commission are subject to the provisions of the
Civil Service Law, rules and regulations, but are exempt from the rules
and regulations of the Wage and Position Classification Office:
Provided, further, That the professional and technical personnel of the
working staff shall be permanent and career in status without prejudice
to transfer, detail, assignment, promotion, discipline and dismissal in
accordance with the Commission's personnel management program and shall
be entitled to benefits and privileges normally accorded to government
employees.
Section 3. Purposes, Powers, and Functions. — The
Commission shall have the following purposes:cralaw:red
(1) To promote, commission, assemble, contract, and
otherwise obtain information and studies pertaining to human
settlements to the end that it can formulate human settlements
policies, plans, and programs; and design the integrated and
coordinated implementation of such policies, plans, and programs for
the different levels of government and for the public and private
sectors.
(2) To promulgate and ensure compliance with plans,
policies, guidelines, and standards for land management and land use,
ecological conservation and development, control of urban/industrial
pollution and hazards.
To attain the above-mentioned purposes, the Commission shall have the
following powers and functions:cralaw:red
(a) To formulate, adopt and promulgate a continuing
and integrated national plan on human settlements, and to promulgate
guidelines, standards and a reporting system for programming and
planning in the national and local levels. Once said plan is
promulgated, all development 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.
(b) To formulate, adopt, promulgate and coordinate
the implementation of land classification, land valuation, land
readjustment schemes, and land use and zoning policies, rules and
regulations. All land resources management policies, plans, rules and
regulations of all the different government and private entities shall
conform to such policies, plans, rules and regulations adopted,
promulgated and/or endorsed by the Commission.
(c) To set performance standards for emittants,
industrial wastes, fire hazards and the like. Factories, plants,
industries and the like shall provide adequate and effective devices to
insure healthy and safe disposal of industrial wastes, install
anti-pollution devices, safety devices and the like and otherwise use
their property in accordance with prescribed policies, rules and
regulations promulgated by the Commission.
(d) To identify, determine, declare and/or exercise
the right of eminent domain on selected Human Settlements as integrated
development areas which will be developed and zoned as Planned
Development Units (PDUS) in accordance with modern development
comprehensive planning and programming techniques and procedures under
such terms and conditions as the Commission may prescribe, and in
connection therewith to enfranchise, manage, contract and/or engage in
such development program/projects either directly by itself and/or by
creating subsidiaries for this purpose or indirectly through other
agencies and instrumentalities of the Government and/or private
entities.
(e) To review, revise, and approve development plans,
programs, and projects related to human settlements, of national
regional and local government agencies and instrumentalities, public
corporations and private enterprise, and to determine whether they
conform with the integrated national human settlement plan. No private
or government plan, project or program related to the establishment and
development of human settlements, or component activities thereof as
determined by the Commission, shall take effect or be put into
operation without the favorable concurrence of the Commission. chanroblesvirtualawlibrary
(f) To promote, encourage, coordinate, and assist
private enterprises and government agencies and instrumentalities in
planning, developing and coordinating human settlements programs, and
to furnish, to the extent possible, technical and professional
assistance and guidance.
(g) To provide for the assembly and dissemination of
information and experience concerning all aspect of planning and
development and to foster an increased awareness of urban and rural
life and the importance of the environment in human settlements.
(h) When public interest and welfare so demand, the
Commission shall institute expropriation, condemnation or abatement of
nuisance proceedings in the manner as may now or hereinafter be
provided by law, for the transfer, removal or cessation of operations
of factories, plants, industries and the like that are considered
pollutants, combustible and hazardous to the health, safety and welfare
of the general public living in a particular vicinity. All persons
affected shall have the right to notice and hearing before the
Commission and to show cause why the property should not be made
subject of expropriation, condemnation or abatement of nuisance
proceedings.
(i) To issue bonds or contract loans, credits, or
indebtedness, domestic or foreign, for the implementation of its
programs and projects, the payment of which shall be guaranteed,
absolutely and unconditionally, by the Government through the President
of the Philippines or his duly authorized representative, as primary
obligor and not as surety only.
(j) To enter into contracts, either domestic or
foreign, to collect fees and/or to impose development charges in the
performance of its quasi-judicial and regulatory functions, whenever
necessary under such terms and conditions as it may deem proper and
reasonable and to receive income from such contracts, fees and charges,
all of which shall remain with the Commission and shall constitute part
of the properties and funds principal or otherwise, of the Commission
referred to in Section 3 (k).
(k) To receive take, and hold by bequest, devise,
gift, purchase, or lease, either absolutely or in trust, for any of its
purposes, from foreign or domestic sources, any asset, grant, or
property, real or personal, without limitation as to amount or value;
to convey such asset, grant or property, invest and reinvest the same
under this provision and deal with and expand its assets and income in
such manner as will best promote its public welfare objectives.
(l) To develop and maintain in conjunction with
cooperating agencies a computerized information system through the
establishments of a data bank to support the Commission at various
specific levels in the planning, monitoring, execution, coordination
and control of its various activities, programs and/or projects.
(m) To call on any department, bureau, office,
agency, instrumentality or political subdivision of the Government for
cooperation and assistance in the performance of its duties and
functions. Refusal of any such office or official to cooperate with and
assist the Commission shall subject the official concerned to
administrative disciplinary action.
(n) To do and perform any and all such acts as may be
necessary and proper to carry out the objectives of this Decree.
Section 4. Powers of the Commission Upon Notice and
Hearing. — The Commission shall have the powers, upon proper notice and
hearing:cralaw:red
(1) To determine a rational plan for the extent or
radius of a particular area or areas within which the establishment of
factories, plants, industries and the like may be regulated. Once
determined, all new factories, plants or industries and the like may be
established or operated within the area, or existing ones expanded or
reconstructed, but only upon approval by the Commission.
(2) To determine whether existing factories, plants,
industries, building and the like or components thereof need to be
transferred, relocated, terminated or otherwise demolished. Once
determined, the Commission shall institute the appropriate proceedings
as specified in Section 3 hereof.
In such determinations, the Commission shall be guided by the following
considerations:cralaw:red
(a) Whether the factories, plants or industries and
the like established or to be established, are pollutants or
non-pollutants, hazardous or non-hazardous and/or combustible or
non-combustible.
(b) Whether the factories, plants, or industries and
the like are located in an area which is so congested and densely
populated as to threaten the health, safety and security of a
considerable number of people.
(c) Whether the transfer or relocation of the plant,
factory or other establishment can be avoided through the installation
and use of anti-pollution and other anti-hazards devices that the
Commission may prescribe.
(d) Whether the transferred or relocated factories,
plants or industries or components thereof or those to be established
in a specified area can be accorded infrastructure support, such as
highways, water and sewerage, power and other facilities.
(e) The costs of transfer or relocation of the
factories plants or industries taking into account the benefits derived
from the removal thereof.
(3) To regulate and/or coordinate with appropriate
existing government entities the regulation of production capacities of
new factories, plants and industries or additional production
capacities of existing factories, plants and industries and the like.
Factories, plants, industries and the like shall operate only within
the capacities allowed or authorized by the Commission. Any additional
capacity over and above those determined by existing regulation shall
be operative only with the approval of the Commission, subject to the
terms and conditions it may impose for the health, safety and security
of the community.
(4) Whenever the Commission has received a formal
complaint and has determined that a person, plant, factory or industry
or other establishment of dwelling if a pollutant or hazardous or had
violated prescribed planning rules, regulations and policies or refused
to comply with any requirement regarding the use of anti-pollution or
anti-hazard devices, the Commission shall immediately order compliance
under pain of penalties herein imposed or otherwise institute
expropriation, condemnation or abatement of nuisance proceedings as
specified in Section 3 hereof.
Section 5. Powers of the Commission Without Hearing.
— The Commission shall have the power to do the following without
hearing:cralaw:red
(1) Require all persons, corporations or other
entities and their associations or institutes to furnish it with such
physical operational plans, maps and other relevant information as it
may need to discharge its duties under this Decree and to exercise its
functions and powers under Section 7 and 8 hereof;chanroblesvirtualawlibrary
(2) Issue subpoena and subpoena duces tecum on any
inquiry, study, hearing, investigation, or proceeding which it may
decide to undertake in the exercise of its functions, power and duties
under this Decree;chanroblesvirtualawlibrary
(3) Call on any department, bureau, office, agency or
instrumentality of the government or any of its political subdivisions
for cooperation and assistance in the performance of its duties and
functions;chanroblesvirtualawlibrary
(4) Promulgate rules and regulations relevant to
procedures governing hearings before the Commission and enforce
compliance with any rule, regulation, order or other requirements of
this Decree or of the Commission: Provided, That the said rules and
regulations shall take effect fifteen (15) days after publication in a
newspapers of general circulation; and
(5) Issue and promulgate such rules and regulations
as it may deem necessary in the attainment of its objectives.
(6) Perform such other acts as may be necessary or
conducive to the exercise of its functions and powers and the discharge
of its duties under this Decree.
Section 6. Other Duties of the Commission. — The
Commission, through its working staff, the Task Force on Human
Settlements referred to in Section 2 hereof, shall undertake a
continuing study of overall human settlements problems in its national,
regional and local levels, gather and collate information and
statistics bearing on human settlements, submit an annual report and
the results of its studies, including therein such matters as it may
deem appropriate subjects of legislation or executive action. The
Commission shall likewise keep itself regularly and thoroughly informed
of conditions in the country in order to enable it to perform its
functions, exercise its powers and discharge its duties effectively.
Section 7. Commission Procedure. — All inquiries,
studies, hearings, investigations, and proceedings conducted by the
Commission shall be governed by rules adopted by the Commission, 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
by imprisonment 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 wilfully 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 other 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.
Section 8. 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.
Section 9. 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, within
or outside the Philippines, as the operations and activities of the
Commission may require.
Section 10. Expenditures and Disbursements. —
Expenditures and disbursements made by the Commission in the conduct of
its affairs shall not be subject to the procurement requirements and
restrictions imposed by existing laws upon government agencies,
instrumentalities and government-owned or controlled corporations.
Section 11. Exemption from Taxes. — Any provision of
existing laws to the contrary notwithstanding, any donation,
contribution, bequest, subsidy or financiald which may be made to the
Commission shall be exempt from taxes of any kind, and shall constitute
allowable deductions in full from the income of the donors or givers
for income tax purposes.
The Commission, its assets, acquisitions, income, and its operations
and transactions shall be exempt from any and all taxes, fees, charges,
imposts, licenses and assessments, direct or indirect, imposed by the
Republic of the Philippines or any of its political subdivisions or
taxing authority thereof, except import taxes, duties and fees.
Section 12. Appropriation. — The budget of the
Commission shall be in the form of lump sum appropriations of ten
million pesos (P10,000,000.00) for fiscal year 1973-1974 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 General Appropriations Act.
Section 13. Penalties. — (1) Any person who shall
give false or misleading data or information or wilfully 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 and with a fine of not less than five hundred
pesos nor more than one thousand pesos: Provided, however, That if the
false or misleading data or information shall have been given under
oath, the maximum penalty of giving false testimony or perjury shall be
imposed.
(2) Any person or establishment who violates any
provisions 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 that the
Commission may impose. On second conviction, the penalty to be imposed
by the Commission shall be the removal, withdrawal, cessation or
refusal of infrastructure support, namely, highways, sewage, water,
electric power and the like. On third and subsequent convictions, the
offender shall, in addition to the penalty imposed on second
conviction, be sentenced by the proper court to imprisonment for a
period of not less than six months but not more than five years and a
fine of not less than five thousand pesos: Provided, That if the
offender be a corporation, partnership or juridical person, the penalty
of imprisonment shall be imposed on the officer or officers responsible
for permitting or causing a violation by the corporation, partnership
or juridical person of the provisions of this Decree.
Section 14. Submission of Proposal. — Within a period
not exceeding one year from the promulgation of this Decree, the
Commission shall submit to the President in coordination with the
Reorganization Commission a coordinated plan or proposal for the
strengthening, absorption and/or abolition of government agencies and
instrumentalities, directly or indirectly affected by this Decree.
Section 15. Separability Clause. — If any provision
this Decree shall be held invalid, the remainder of this Decree shall
not be affected thereby.
Section 16. Repealing Clause. — Any provision of law,
Executive order, rule or regulation inconsistent with this Decree are
hereby repealed or modified accordingly. chanroblesvirtualawlibrary
Section 17. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 4th day of March, in the year of Our Lord, nineteen hundred and
seventy-four.
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