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PRESIDENTIAL DECREE NO. 1261
PRESIDENTIAL DECREE NO. 1261 -
AMENDING REPUBLIC ACT NO. 2616, PROVIDING ADDITIONAL FUNDS FOR THE
ACQUISITION OF THE TATALON ESTATE AND DESIGNATING THE NATIONAL HOUSING
AUTHORITY AS THE ADMINISTRATION OF THE TATALON ESTATE ADMINISTRATION OF
THE TATALON ESTATE HOUSING PROJECT
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WHEREAS,
Republic Act No. 2616 provided for the expropriation of the Tatalon
Estate, and the sale at cost of the lots therein to their present bona
fide occupants and authorized the amount of ten million pesos for the
purposes;chanroblesvirtualawlibrary
WHEREAS, Letter of Instruction No. 34 directed the General Manager of
the now dissolved People's Homesite and Housing Corporation to take
administrative steps towards the acquisition of the Estate and the
settlement of its problems;chanroblesvirtualawlibrary
WHEREAS, Presidential Decree No. 757 created the National Housing
Authority not only to take over the functions and projects of the PHHC
but also to develop and implement programs to provide housing for the
greatest number of people;chanroblesvirtualawlibrary
WHEREAS, the improvement of slums has been adopted as a national policy
under Letter of Instruction No. 557 and Tatalon Estate is now one of
the identified slum areas whose upgrading is the ultimate goal of the
policy.
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 and order that:cralaw:red
Section 1. The 25.26 hectares portion of the Tatalon
Estate at present subject of Civil Expropriation Case No. Q-17334 filed
January 23, 1973 before the Court of First Instance of Rizal, Branch
XVII-B on behalf of the National Housing Authority, hereafter known as
the "Authority" is designated Administrator for the national government
of the Tatalon Estate and shall evolve and implement a comprehensive
development plan for the 25.26 hectare-area which shall constitute the
Tatalon Estate Development Project. chanroblesvirtualawlibrary
Section 2. The comprehensive plan for the Tatalon
Estate shall consider the upgrading of existing dwelling units and/or
the construction of low to medium-rise dwelling units wherever the
latter is found more feasible, the relocation from privately-owned
areas in the state within that portion of the estate so expropriated,
and the re-arrangement and re-alignment of existing dwelling and other
structures to allow for the introduction of basic facilities and
services.
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. Specially, the Metropolitan Waterworks and Sewerage
systems, including a bio-gas system, for the area. All roads, open
space, and other areas for public or community use adjacent to the
expropriated areas as delineated in the present approved subdivision
plan of the Tatalon Estate shall be deemed donated to the Quezon City
Government, provided, however, that the Authority shall have the power
to determine and utilize such areas as may be necessary in the
development and implementation of the Tatalon Estate Development Plan.
Section 3. Allocation of lots and/or housing units in
the project area shall be made by the Authority according to the
following priority: chanroblesvirtualawlibrary
1. Present occupants who were listed in the 1958
Araneta Census List of Occupants;chanroblesvirtualawlibrary
2. Present occupants as determined by the Authority
in its 1976 Census Surveys; and
3. Squatter families in the Tatalon Estate after the
1976 Census Survey.
In the event that the number of homelots in the expropriated area is
not sufficient to accommodate all families falling under the foregoing
categories, the Authority shall accommodate such excess families in any
of its sites and service projects.
Section 4. Qualified families shall have the right to
purchase land of such area which they can no afford to amortize, and in
the location that the National Housing Authority may allocate to them.
The price shall be the expropriated cost of the land plus other costs
such as the costs of improvement of the estate and the common
facilities and areas made available under the Tatalon Estate
Development Plan of the Authority. The price shall be related to the
lot area they shall occupy. The right to purchase these lands shall
accrue to the beneficiaries after 5 years of continued, and
uninterrupted occupancy and faithful and complete amortization of the
total price of the land and improvements to be purchased form the date
of allocation based on escalating or equal monthly payments at an
interest rate of 6% per annum for not more than three hundred monthly
installment.
Section 5. Transfer or disposition of rights shall be
allowed under such rules and regulations as may be promulgated by the
Administrator and upon the favorable recommendation of the Citizen's
Committee which will be formed in each barangay unit and composed of
five (5) members chosen in the manner provided for under Section 3 of
Presidential Decree No. 814; Provided, however, that the transferee,
based on his average family income, for the preceding two-year period,
belongs to the lower fifty per cent (50%) of the medium income group of
Metro Manila as determined by the Administrator.
Section 6. All areas expropriated and 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
National Housing Authority and under the terms deemed appropriate by
the same, in order of to generate subsidies to help defray the
development cost of the Project.
Section 7. Notwithstanding any provision of law or
degree to the contrary and for the purpose of expropriating the Tatalon
Estate only, the compensation for the property herein expropriated is
hereby pegged at the owner's declaration of its values as of 1973
pursuant to Presidential Decree No. 76. A minimum of 30% shall be
deducted from this amount to account for the prevalence of squatters in
the area and for the lack of development of some portions, the
resulting balance amount shall be payable to the former owners within a
period of 5 years in equal installments. chanroblesvirtualawlibrary
Section 8. There is hereby appropriated from the
Special Activities Funds of the President or from such other sources as
may be available to the National Government an additional amount of
THIRTY THREE MILLION PESOS (P33,000,000.00) to complete the payment of
the expropriation of the 25.26 hectare area. Any excess due to the
deduction stated in section 6 above shall be utilized by the
Administrator in the implementation of the Tatalon Estate Development
Plan or any of its similar programs. In addition to these amounts for
expropriation, there is hereby appropriated SEVENTEEN MILLION ONE
HUNDRED THOUSAND (17.1M) PESOS from the same sources for the upgrading
of the estate. All appropriations shall be made available by the Budget
Commission to the Administrator according to the provisions of the
Housing Program for the Estate.
Section 9. Amounts appropriated under Section 7 of
this decree are to be recovered from all beneficiaries of the Tatalon
Estate Development Project as much as is possible and feasible. These
amounts shall remain with the Administrator of the Estate for 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 3
months, failure to pay or update dues and/or amortizations shall cause
summary ejection from the Estate without need of court orders and
furthermore shall reduce the former beneficiary to a 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 expressly
embodied in the agreement between Administrator and beneficiary.
Section 10. The decisions, rulings, orders, or
resolutions of the National Housing Authority relative to the
disposition of the lots or dwelling units or such rights acquired
hereunder, or to the ejection of delinquent beneficiaries shall be
final, unless appealed to the Office of the President within THIRTY
(30) DAYS from receipt of such decision, ruling, order or resolution if
within SIXTY (60) DAYS from notice of appeal, the said Offices has not
reserved nor modified the same.
Section 11. 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. chanroblesvirtualawlibrary
DONE in the City of Manila,
this 12th day of December, in the year of Our Lord, nineteen hundred
and seventy-seven.
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