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PRESIDENTIAL DECREE NO. 814
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PRESIDENTIAL DECREE NO. 814
- PRESCRIBING THE LAND TENURE SYSTEM FOR THE TONDO FORESHORE AND
DAGAT-DAGATAN URBAN DEVELOPMENT PROJECT
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(REPEALED
BY PRESIDENTIAL DECREE NO. 1314)
WHEREAS, the government recognizes the need to rationalize the use of
land particularly in urban areas to insure its optimum utilization for
the welfare of the greatest number of people;chanroblesvirtualawlibrary
WHEREAS, it is the declared policy of government to promote the well
being of the people by undertaking a program of development which shall
establish communities where people can live with dignity in healthful
environmental conditions;chanroblesvirtualawlibrary
WHEREAS, the Tondo Foreshore is the largest squatter and slum colony in
the Greater Manila Area where people live in substandard conditions
incompatible with the goals of the New Society;chanroblesvirtualawlibrary
WHEREAS, the government is determined to improve the quality of life of
the people in the Tondo Foreshore by preparing and implementing a
realistic, comprehensive, and integrated plan for its
development; chanroblesvirtualawlibrary
WHEREAS, the government is aware that the land issue is central in the
Tondo Foreshore Project whose resolution shall provide a meaningful and
lasting solution to the situation in the project area;chanroblesvirtualawlibrary
WHEREAS, Republic Act 1597, as amended, and other related laws
specifically governing land use in the Tondo Foreshore Area have been
found unrealistic and inadequate to bring about a harmonious,
meaningful and lasting in solution to the squatter and slums problem
long obtaining in the Tondo Foreshore area;chanroblesvirtualawlibrary
WHEREAS, the Tondo Foreshore Development Authority, and its legal
successor, the National Housing Authority, have prepared a master plan
for the Tondo Foreshore which provides for the upgrading of sites and
services in the Tondo Foreshore and the development of Dagat-dagatan
into a resettlement area with residential, commercial, and industrial
components, the whole project now known as the Tondo Foreshore and
Dagat-dagatan Urban Development Project;chanroblesvirtualawlibrary
WHEREAS, there is a need to prescribe a new and realistic land tenure
system for the Tondo Foreshore area and Dagat-dagatan resettlement site
in order to effect the proper implementation of the physical and
socio-economic development program therein; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
decree and order the following:cralaw:red
Section 1. The Tondo Foreshore and Dagat-dagatan
Urban Development Project. —
The Tondo Foreshore and Dagat-dagatan Urban Development Project,
hereinafter referred to as the "Project", for which the land tenure
system prescribed by this Decree is applicable, shall comprise the
Tondo Foreshore, Vitas, Dagat-Dagatan and its adjacent areas which have
designated as "Planned Areas for New Development (PLAND)" with specific
technical boundaries under Letter of Instruction 299 dated 29 July 1975
and over which the Tondo Foreshore Development Authority and its
successor, the National Housing Authority hereinafter referred to as
the "Authority", have general jurisdiction and control.
Section 2. Land Tenure System. —
The Land Tenure System prescribed for the Project shall consist of two
modes of residential land ownership and disposition, to wit;chanroblesvirtualawlibrary
a) Freehold with restrictions
Freehold with restrictions will be applied only to titled lots and
claims with "vested rights" such as those with final Deeds of Sales,
Agreements to sell, and other legal claims which may be honored by the
Authority, provided, however, that owners of these legal rights may opt
for leasehold with option to purchase arrangement.
b) Leasehold with or without the option to purchase
Leasehold with option to purchase shall be applied to those lands which
are untitled, vacant, unclaimed and without vested rights.
Section 3. Citizens' Committee. —
For the purposes of this Decree, a Citizens' Committee consisting of
five (5) members shall be formed in each barangay within the Project
Area to perform the following functions:cralaw:red
a) Process request for transfer of residential land
rights and sub-letting of dwelling units and structure within the
Project Area based on politics, rules and regulations of the Authority.
b) Submit to the Authority recommendations on such
transfers and sub-letting for review and approval.
The Barangay Chairman in each barangay shall automatically be a member
of the Citizens' Committee. The four (4) other members shall be elected
for a term of one (1) year by the members of the barangay in a general
meeting. The Authority in coordination with other government entities,
specifically the Department of Local Government and Community
Development shall prescribe and implement the necessary rules and
regulations for the conduct of the barangay election. The members of
the Citizens' Committee shall elect from among themselves a Chairman
who shall convene the Committee to discuss business on
hand. chanroblesvirtualawlibrary
Section 4. Freehold with Restrictions. —
The sale and/or disposition of land in the Project Area shall be
subject to the following conditions:cralaw:red
a) Except by hereditary succession, land under
freehold, right shall not be transferred, alienated, conveyed, or
otherwise disposed of by any mode to any person who does not meet the
criteria (based on income, multiple ownership, conformance to law,
etc.) to be set by the Authority and implemented by Citizens' Committee
to be created under Section 9 of this Decree whose recommendation on
land transfer shall be subject to review and approval by the Authority.
b) The use, occupancy, and development of land shall
be subject, to the general regulations and control of the Authority
according to its approved development plan.
c) Freehold land with the Project shall be assessed
a fee covering development cost which fee shall be amortized on a
perpetual basis.
Section 5. Leasehold with or without the Option to
Purchase. —
The lease of land with option to purchase shall be subject to the
following conditions:cralaw:red
a) Lease grants will be for a period of 25 years
renewable for another 25 years at the option of the lessee. Anytime
after a period of five years of continuous occupancy, and at the option
of the lessee, the lessee may purchase the land at market value
assessed at the time the application to purchase is submitted to the
Authority. A specified percentage of the lease payments made up to the
time of purchase shall be credited against the purchase price. After
full payment, the lessee shall own the land with the restrictions
provided for in Section 4 hereof annotated in the certificate of
ownership and, the land tenure arrangement reverts to freehold with
restrictions. The Authority shall determine the lease amount which
shall cover all development costs and may contain a provision for a
specified gradual increase over time. chanroblesvirtualawlibrary
b) The conditions imposed on the sale of land in the
Project are likewise applicable on the lease of land. However, lease
rights may be transferred or sold to another person any price agreed
upon by the lessee and the transferee, provided that the Citizen's
Committee shall approve the transfer and determine the qualifications
of the transferee according to a prescribed criteria, whose
recommendation shall be subject to review and approval by the
Authority.
The rules and regulations to implement leasehold without option to
purchase shall be prescribed by the Authority, provided that in its
implementation the Citizen's Committee shall exercise its
recommendatory powers specified in Section 3 of this Decree subject to
review and approval by the Authority.
Section 6. Sub-letting of Dwelling Units and
Structures. —
Sub-letting of dwelling units and structures on lands under freehold
and leasehold shall be subject to recommendation of the Citizen's
Committee and approval of the Authority. It is understood that the
Authority will not unreasonably withhold the approval of transfer of
land to persons qualified under criteria referred to in Section 4.
Section 7. Commercial and Industrial Lands. —
Commercial and Industrial lands shall be disposed of by sale and/or
lease. The conditions of sale and lease shall be prescribed and
implemented by the Authority.
Section 8. Payment of real property taxes. —
All lessees and holders of freehold titles shall pay normal real
property taxes to the local government in return for normal service
from the latter.
Section 9. Implementation and Administration. —
The Authority shall implement and administer the land tenure system in
the project.
Section 10. Repealing Clause. —
Any provision of law, decree, executive orders, ordinances, rules and
regulations inconsistent herewith are hereby repealed, amended and
modified accordingly.
Section 11. 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. chanroblesvirtualawlibrary
Section 12. Effectivity. —
This Decree shall take effect immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 17th day of October, in the year of Our Lord, nineteen hundred and
seventy-five.
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