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PRESIDENTIAL DECREE NO. 757
PRESIDENTIAL DECREE NO. 757 -
CREATING THE NATIONAL HOUSING AUTHORITY AND DISSOLVING THE EXISTING
HOUSING AGENCIES, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
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chanroblesvirtualawlibrary
WHEREAS,
the magnitude of the housing problem of the country has grown into such
proportions that only a purposeful, determined, organized mass housing
development program can meet the needs of Filipino families for decent
dwellings;chanroblesvirtualawlibrary
WHEREAS, recognizing the urgency of this problem the new Constitution
of the Philippines has provided in Article II, Section 7 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 living;chanroblesvirtualawlibrary
WHEREAS, the attainment of this objective is highly dependent on the
conservation and rationalization of urban land use as the instrument of
urban land reform as well as on our ability to regulate housing
financing and construction costs to bring housing within the reach of
the greater number of our people; chanroblesvirtualawlibrary
WHEREAS, government efforts in housing are now proliferated among
various agencies and there is an urgent need to concentrate such
efforts, resources, functions and activities in a national housing
agency to maximize results;chanroblesvirtualawlibrary
WHEREAS, the effective implementation of housing programs will require
the widest participation of the private sector in terms of capital
expenditures, land, expertise, and other resources related to housing
construction and land development;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me by the Constitution do hereby order and
decree, as part of the law of the land, the following: chanroblesvirtualawlibrary
Section 1. Housing Program. — Pursuant to the mandate
of the New Constitution, there shall be developed a comprehensive and
integrated housing program which shall embrace, among others, housing
development and resettlement, sources and schemes of financing, and
delineation of government and private sector participation. The
program shall specify the priorities and targets in accordance with the
integrated national human settlements plan prepared by the Human
Settlements Commission.
In the preparation of said program, the following factors shall be
considered:cralaw:red
(a) The management of urban development to promote
the economic and social well being and physical mobility of the people,
and facilitate industrial growth and dispersal;chanroblesvirtualawlibrary
(b) The conservation of land for housing development
as well as the regulation of land use to achieve optimum utilization
patterns; chanroblesvirtualawlibrary
(c) The organization of public private resources
into financial intermediaries to meet the demand for housing, including
provisions for incentives and facilities to broaden the private sector
participation in housing investments; and
(d) The extensive use of building systems, which
shall maximize the use of indigenous materials and reduce building
costs without sacrificing sound engineering and environmental standards.
Section 2. Creation of the National Housing
Authority. — There is hereby created a government corporation to be
known as the National Housing Authority, hereinafter referred to as the
"Authority", to develop and implement the housing program
above-mentioned. The Authority shall have its principal office in
the Greater Manila area but may have such branch offices, agencies, or
subsidiaries in other areas as it may deem proper and necessary.
The Authority shall be under the Office of the President and shall
exist for fifty (50) years but may be extended.
Section 3. Progress and Objectives. — The Authority
shall have the following purposes and objectives:cralaw:red
(a) To provide and maintain adequate housing for the
greatest possible number of people;chanroblesvirtualawlibrary
(b) To undertake housing, development, resettlement
or other activities as would enhance the provision of housing to every
Filipino;chanroblesvirtualawlibrary
(c) To harness and promote private participation in
housing ventures in terms of capital expenditures, land, expertise,
financing and other facilities for the sustained growth of the housing
industry.
Section 4. Capitalization. — The Authority shall have
an authorized capital of five hundred million pesos which shall
be fully subscribed by the Republic of the Philippines and paid as
follows: chanroblesvirtualawlibrary
(a) The sum of fifty million pesos upon the approval
of this Decree which is hereby appropriated out of the funds in the
National Treasury not otherwise appropriated, five million pesos of
which shall be released upon the organization of the Authority and the
balances as and when needed;chanroblesvirtualawlibrary
(b) The sum of fifty million pesos for every
subsequent fiscal year for a period of nine years which must be
included in the general appropriations act: Provided, That the assets
and balances of appropriations transferred to the Authority
pursuant to the provisions of Section 5, hereof, shall not be included
in determining the capital of the Authority as provided in this Section.
Section 5. Dissolution of Existing Housing Agencies.
— The People's Homesite and Housing Corporation (PHHC), the
Presidential Assistant on Housing Resettlement Agency (PAHRA),
the Tondo Foreshore Development Authority (TFDA), the Central
Institute for the Training and Relocation of Urban Squatters (CITRUS),
the Presidential Committee for Housing and Urban Resettlement
(PRECHUR), Sapang Palay Development Committee, Inter-Agency Task Force
to Undertake the Relocation of Families in Barrio Nabacaan, Villanueva,
Misamis Oriental and all other existing government housing and
resettlement agencies, task forces and ad-hoc committees, are hereby
dissolved. Their powers and functions, balance of appropriations,
records, assets, rights, and choses in action, are transferred to,
vested in, and assumed by the Authority: Provided, That an inventory
and evaluation of the properties, equipment, assets, rights, choses in
action, obligations and liabilities of the herein dissolved agencies
shall be made by the Commission on Audit: Provided, Further, That all
urban estates acquired by the Government, the Department of Agrarian
Reform and the People's Homesite and Housing Corporation shall be
transferred to the Authority which shall administer, develop and
dispose such estates including the collection of accounts receivables
therein, payment of liabilities thereon and the enforcement of choses
in action pertaining to the same; Provided, Finally, That the transfers
contemplated therein shall be on an estate-to-estate basis after the
corresponding liquidation of such estate have been accomplished by the
agency concerned in accordance with existing auditing and accounting
rules and regulations.
The qualified and necessary personnel of the dissolved agencies may be
transferred to and be absorbed by the Authority: Provided, That the
Board of Directors of the Authority hereinafter provided, shall make
personnel movement on the basis of merit and fitness in accordance with
comprehensive and progressive merit system to be established by the
Authority upon its organization.
The Authority, through its Board, shall effect the transfer herein
provided in a manner that will insure the least disruption of on-going
programs and projects: Provided, That in the period prior to the actual
assumption of duties by the Board and its functioning as such, all
officers and employees of the abolished agencies shall continue to
exercise all their functions and discharge all their duties and
responsibilities until ordered otherwise by the Board of the
Authority.
The financial liabilities or obligations of the dissolved agencies
shall be assumed by the National Government and, for the payment of
such liabilities or obligations, bonds or securities may be issued by
the government in such amounts sufficient to cover said liabilities or
obligations, the proceeds of which are hereby appropriated for the
purpose. Alternatively, said liabilities or obligations may be paid by
direct appropriation which is hereby authorized in such amount as may
be determined by the Commission on Audit.
Section 6. Powers and functions of the Authority. —
The Authority shall have the following powers and functions to be
exercised by the Board in accordance with the established national
human settlements plan prepared by the Human Settlements Commission:cralaw:red
(a) Develop and implement the comprehensive and
integrated housing program provided for in Section 1 hereof;chanroblesvirtualawlibrary
(b) Formulate and enforce general and specific
policies for housing development and resettlement;chanroblesvirtualawlibrary
(c) Prescribe guidelines and standards for the
reservation, conservation and utilization of public lands identified
for housing and resettlement;chanroblesvirtualawlibrary
(d) Exercise the right of eminent domain or acquire
by purchase privately owned lands for purposes of housing development,
resettlement and related services and facilities;chanroblesvirtualawlibrary
(e) Develop and undertake housing development and/or
resettlement projects through joint ventures or other arrangements with
public and private entities;chanroblesvirtualawlibrary
(f) Issue bonds or contract loans, credits, or
indebtedness, including suppliers credit or any deferred payment
arrangements with any person or entity, domestic or foreign, for the
implementation of its housing programs;chanroblesvirtualawlibrary
(g) Discharge all responsibilities of the government
as may arise from treaties, agreements, and other commitments on
housing and resettlement to which it is a signatory, including the
determination of forms of assistance for housing development to be
extended through multilateral or bilateral assistance programs;chanroblesvirtualawlibrary
(h) Promote housing development by providing
technical assistance;chanroblesvirtualawlibrary
(i) Sue and be sued;chanroblesvirtualawlibrary
(j) Adopt and use a seal which shall be judicially
noticed; chanroblesvirtualawlibrary
(k) Enter into contracts whenever necessary under
such terms and conditions as it may deem proper and reasonable;chanroblesvirtualawlibrary
(l) Acquire property rights and interests, and
encumber or otherwise dispose the same as it may deem appropriate;chanroblesvirtualawlibrary
(m) Invest its funds, as it may deem proper, in
bonds and securities issued and guaranteed by the government or by the
Central Bank of the Philippines;chanroblesvirtualawlibrary
(n) Receive donations, grants, and bequests and
utilize the same for the attainment of its objectives. Such donations,
grants and bequests shall be exempt from the payment of transfer taxes
and be fully deductible from the gross income of the donor or grantor
for income tax purposes;chanroblesvirtualawlibrary
(o) Adopt its by-laws to supplement this Decree;chanroblesvirtualawlibrary
(p) Prescribe and enforce guidelines, standards and
rules in the manner provided for in such rules and regulations
promulgated and adopted by the Authority designed to protect home and
lot buyers through the regulation of the real estate trade and business;chanroblesvirtualawlibrary
(q) Regulate the relationship between owners and
lessees of residential properties in conformity with such rules and
regulations as may be promulgated and adopted by the Authority; chanroblesvirtualawlibrary
(r) Promulgate, adopt, amend and/or repeal such
rules and regulations necessary to implement the intent and purposes of
this Decree. Such rules and regulations shall be submitted to the
President for his approval. Upon approval, the same shall have the
force and effect of law and shall take effect immediately after their
publication three times a week for two weeks in any newspaper of
general circulation; and chanroblesvirtualawlibrary
(s) Perform such other acts not inconsistent with
this Decree, as may be necessary to effect the policies and objectives
herein declared.
Section 7. Board of Directors. — The Authority shall
be governed by a Board of Directors, hereinafter referred to as
the Board, which shall be composed of the Secretary of Public Works,
Transportation and Communications, the Director-General of the National
Economic and Development Authority, the Secretary of Finance, the
Secretary of Labor, the Secretary of Industry, the Executive Secretary
and the General Manager of the Authority. From among the members,
the President will appoint a chairman. The members of the Board
may have their respective alternates who shall be the officials next in
rank to them and whose acts shall be considered the acts of their
principals with right to receive their benefits: Provided, That in the
absence of the Chairman, the Board shall elect a temporary presiding
officer. chanroblesvirtualawlibrary
The General Manager of the Authority who shall be appointed by the
President shall serve on a full-time basis. He must possess managerial
ability and must be a recognized authority on housing and/or related
fields. He shall be the chief executive officer of the Authority
and be entitled to receive a salary determined by the Board and
approved by the President.
The Authority shall have an Assistant General Manager who is likewise
to be appointed by the President and shall receive a salary determined
in the same manner as that of the General Manager.
The members of the Board, excluding the General Manager, may receive
per diems per meeting actually attended to be fixed by the Board but
not to exceed one thousand pesos per month.
The Board shall meet regularly at least once a month but special
meetings may be called either by the Chairman or by four members of the
Board as and when necessary. Four members of the Board shall
constitute a quorum and all decisions of the Board shall require the
concurrence of at least four members.
Section 8. Powers and Duties of the Board. — The
Board shall have the following powers and duties:cralaw:red
(a) Formulate, prescribe, and promulgate the
implementing rules and regulations required by this Decree;chanroblesvirtualawlibrary
(b) Act upon the annual budget and such supplemental
budgets of the Authority submitted by the General Manager: Provided,
That the Board may reduce but may not increase any item proposed by the
General Manager;chanroblesvirtualawlibrary
(c) Approve the organizational structure of the
Authority as well as its staffing pattern, the salaries of the
personnel and their powers and duties submitted by the General Manager;chanroblesvirtualawlibrary
(d) Enter into such contract or agreement as may be
necessary for the attainment of the purposes and objectives of this
Decree;chanroblesvirtualawlibrary
(e) Render annual reports to the President and such
special reports as may be requested; and
(f) Exercise all the powers necessary or incidental
to the attainment of the purposes of this Decree. chanroblesvirtualawlibrary
Section 9. Duties of the General Manager. — The
General Manager, as Chief Executive Chief Officer of the
Authority, shall have the following duties and responsibilities:cralaw:red
(a) To direct and supervise the operations and
internal affairs of the Authority. The General Manager may delegate
certain of his administrative responsibilities to other officers of the
Authority, subject to the rules and regulations promulgated by the
Board;chanroblesvirtualawlibrary
(b) To prepare the agenda for the meetings of the
Board such policies and measures as he may believe necessary to carry
out the purposes of this Decree; chanroblesvirtualawlibrary
(c) To execute, administer and implement the
policies and measures approved by the Board;chanroblesvirtualawlibrary
(d) Subject to the approval of the Board, to fix the
number and salaries of and appoint, the subordinate officers and
personnel of the Authority and to remove, or otherwise discipline, for
cause, any such officer or employee;chanroblesvirtualawlibrary
(e) To represent the Authority in all dealings with
other officers, agencies, and instrumentalities of the Government and
with all persons and entities, public or private, domestic or foreign;chanroblesvirtualawlibrary
(f) To act, in the conduct of the business of the
Authority, on all matters that are not by this Decree specifically
reserved to the Board; and;chanroblesvirtualawlibrary
(g) To exercise such other powers and perform such
other duties as may be vested in him by the Board. chanroblesvirtualawlibrary
Section 10. Organizational Structure of the
Authority. — The Board shall determine the organizational structure of
the Authority in such manner as would best carry out its powers and
functions and attain the objectives of this Decree.
The General Manager shall, subject to the approval of the Board,
determine and appoint the subordinate officers, other personnel,
and consultants, if necessary, of the Authority: Provided, That
the regular, professional and technical personnel of the
Authority shall be exempt from the rules and regulations of the
Wage and Position Classification Office and from the examination
and/or eligibility requirement of the Civil Service Commission.
Subject to the approval of the Board, the General Manager shall
likewise determine the rates of allowances, honoraria and such
other additional compensation which the authority is hereby
authorized to grant to its officers, technical staff and
consultants, including the necessary detailed personnel.
Section 11. Home Financing Commission and National
Housing Corporation. — To facilitate the attainment of the objectives
and purposes of this Decree, the National Housing Commission,
shall be attached to the National Housing Authority (NHA) for
policy and program coordination.
Section 12. Completed Projects: Management of
Disposition. — The Authority shall determine, establish and
maintain the most feasible and effective program for the
management or disposition of specific housing or resettlement
projects undertaken by the Authority. Unless otherwise decided by the
Board, completed housing or resettlement projects shall be
managed and administered by the Authority.
Section 13. Issuance of Bonds. — Subject to the
approval of the Secretary of Finance, after consultation with the
Monetary Board of the Central Bank of the Philippines, the
Authority is hereby authorized to issue bonds and other
securities to finance the implementation of its housing programs:
Provided, That only so much of such bonds or securities shall be
issued and sold as the annual project implementation would
require: Provided, further, That no bonds or securities shall be
issued unless eighty per cent (80%) of those already issued had
been sold: Provided, finally, That the total amount of the bonds
or securities issued shall in no case exceed ten times its paid
up capital and surplus. chanroblesvirtualawlibrary
The Authority, in consultation with the Secretary of finance and the
Monetary Board, shall prescribe the form, the rate of interest,
and denominations, maturities, negotiability, call or redemption
features and all other terms and conditions of the bonds and
securities to be issued.
In the promotion of the sale bonds or securities, the Authority is
authorized to adopt the lottery scheme enunciated under Republic
Act Numbered One Thousand as amended.
The bonds and securities issued under this Decree including the
income thereof shall be exempt from all kinds of taxes and from
attachment, execution and seizure which facts shall be stated on
the face thereof. chanroblesvirtualawlibrary
A sinking fund shall be established by the Authority in such manner
that the total annual contribution thereto, accrued at such rate
of interest as may be determined by the Secretary of Finance in
consultation with the Monetary Board, shall be sufficient to
redeem at maturity the bonds or securities issued pursuant to
this Decree. The sinking fund shall be under the custody and
administration of the Central Bank of the Philippines which may
invest the same in Central Bank Certificates of Indebtedness and
similar financing schemes subject to the approval of the Authority
in consultation with the Secretary of Finance: Provided, That the
proceeds from such scheme shall accrue to the Authority.
Section 14. Guarantee by the Government. — The
Republic of the Philippines hereby guarantees the payment of both
the principal and the interest of the bonds, debentures,
collaterals, notes or such other obligations issued or incurred
by the Authority by virtue of this Decree, and shall pay such
principal and interest in case the Authority fails to do so. In
such event, the Republic of the Philippines shall succeed to all
the rights of the holders of such bonds, debentures, collaterals,
notes or other instruments to the extent of the payment made, unless
the sum so paid by the Republic of the Philippines shall be
refunded by the Authority within a reasonable time. chanroblesvirtualawlibrary
Section 15. Other SSS and GSIS Participation. —
Notwithstanding any provision of the respective charters to the
contrary, the Social Security System and the Government Service
Insurance System shall absorb all or part of the bonds or
securities issued by the Authority in such proportion as may be
determined by the National Economic and Development Authority and
approved by the President.
Upon the effectivity of this Decree, the Social Security System and
the Government Service Insurance System shall cease undertaking
mass or group housing, either by itself, joint venture, turn-key
basis, or any other arrangement and, their lending operations for
housing purposes shall be limited to direct lending to individual
members only for their respective homes.
Section 16. Gratuity. — Any personnel of the
dissolved agencies who is not appointed to a position in the
Authority for reasons not attributable to his conduct, or who
elects to discontinue his service, shall be paid the money value
of his accumulated vacation and sick leave and, if qualified to
retire under existing laws, his retirement gratuities. Otherwise, he
shall be paid one month salary for every year of service in the
government. For this purpose the sum of ten million pesos is
hereby appropriated out of the funds in the National Treasury not
otherwise appropriated exclusively for the payment of the
aforesaid separation and retirement gratuities and accumulated
vacation and sick leaves.
Section 17. Auditor. — The Commission on Audit shall
be the Auditor of the Authority, and such personnel as may be
necessary to assist said representative in the performance of his
duties. The salaries of the Auditor and his staff shall be fixed
by the Board and paid for by the Authority.
Section 18. Rules and Regulations. — The Board shall
promulgate the requisite rules and regulations for the effective
implementation of this Decree and revise or amend the same as may
be necessary.
Section 19. Reports. — The Authority shall submit an
annual report to the President indicating, among others, the
housing program being implemented, the stage of implementation,
and the financial position of the Authority. It shall likewise
submit such periodic or other reports as may be required from
time to time.
Section 20. Applicability of the Corporation Law. —
The provisions of the Corporation Law, in so far as they are not
inconsistent with the provisions and policies provided in this
Decree, shall be applicable to the Authority.
Section 21. Repealing Clause. — Any provision of Law,
decree, executive orders, ordinances, rules and regulations
inconsistent herewith are hereby repealed, amended, or modified
accordingly. chanroblesvirtualawlibrary
Section 22. Separability Clause. — If for any reason
any 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 23. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 31st day of July, in the year of Our Lord nineteen hundred
and seventy-five.
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