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PRESIDENTIAL DECREE NO. 1314
PRESIDENTIAL DECREE NO. 1314 -
REPEALING PRESIDENTIAL DECREE NO. 814, REDEFINING THE POLICIES OF LAND
TENURE IN THE TONDO FORESHORE DAGAT-DAGATAN URBAN DEVELOPMENT PROJECT
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WHEREAS,
the government has adopted under Letters of Instructions Nos. 555 and
557 dated 11 June 1977 Slum Improvement and Resettlement as a national
policy and the strategy for dealing with slums and other blighted
communities in urban areas;chanroblesvirtualawlibrary
WHEREAS, the Tondo Foreshore Dagat-Dagatan Development Project is the
first project of the government under its Slum Improvement and
Resettlement (SIR) Program and is being utilized as the workshop for
evolving concepts in the implementation of this Program;chanroblesvirtualawlibrary
WHEREAS, Tondo Foreshore is a problem of long standing where people
have endured and suffered the deprivation and the degradation of having
to live in a slum;chanroblesvirtualawlibrary
WHEREAS, Republic Act No. 1595 dated 16 June 1956 prescribes P5.00 per
square meter as the price at which land shall be sold to bona fide
occupants but does not specify the development concept nor provide for
the introduction of critically needed community facilities and services
to eliminate the condition of slum in the area;chanroblesvirtualawlibrary
WHEREAS, the government through the National Housing Authority has
prepared comprehensive and integrated development plan for the Project
which shall provide the quality of life consistent with the dignity and
aspirations of the people of the project area;chanroblesvirtualawlibrary
WHEREAS, in line with the compassionate approach of the New Society,
the government recognizes that the people is the focal point and the
only beneficiary of development and therefore desires to resolve the
land tenure issue in the project area in favor of the resident families;chanroblesvirtualawlibrary
WHEREAS, the primary aspiration of the people of the Tondo Foreshore is
to own eventually the land that they occupy.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. The land tenure system prescribed in the
Decree is applicable to the residential areas in the Tondo Foreshore
and such portions of Dagat-Dagatan which are to be residential sites of
families to be displaced from the Tondo Foreshore as a result of the
implementation of the comprehensive and integrated development plan for
the Tondo Foreshore and Dagat-Dagatan Urban Development Project. The
system so prescribed shall not, however, apply to parcels or sites
within the aforementioned areas which have been developed for
apartments or medium-rise high density buildings.
Section 2. The land tenure system shall be freehold
with restrictions as follows: chanroblesvirtualawlibrary
2.1) Titled land and with claims or "vested rights"
such as those covered by final Deeds of Sales, Agreement to Sell and
other legal claims which are recognized by the National Housing
Authority herein referred to as the "Authority".
2.2) Untitled land or land not subject to "vested
rights" which upon issuance of Certificates of Occupancy to a qualified
project beneficiary purchased outright by such beneficiary at a price
to cover the cost of the land and the cost of providing facilities and
services (hereinafter referred to as "development cost") either in cash
or amortization for 25 years.
Section 3. For the purpose 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
3.1) Process request for transfer of residential land
rights and sub-letting of dwelling units and structure within the
Project Area based on policies, rules and regulations of the Authority.
3.2) 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 a 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 effect from among themselves a Chairman
who shall convene the Committee to discuss on hand.
Section 4. The sale and/or disposition of land in the
Project Area shall be subject to the following conditions:cralaw:red
4.1) Except by hereditary succession, land under
freehold right shall not be transferred, alienated, conveyed, or
otherwise disposed of in any mode to any person who does not meet the
criteria (based on income, multiple ownership, conformance of law,
etc.) to be set by the Authority and implemented by Citizens' Committee
to be created under Section 3 of this Decree whose recommendation on
land transfer shall be subject to review and approval of the Authority.
4.2) 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.
Section 5. Project beneficiaries holding titles to
land or who are with claims or "vested rights" which are recognized by
the Authority shall be charged a fee corresponding to the development
cost based on current estimates which is allocable per square meters of
residential area and which when amortized over 25 years at 12% per
annum amounts to P0.95 per square meter per month; or the total
development cost as computed by the Authority upon completion of the
project, amortized monthly for a maximum period of 25 years at 12% per
annum, whichever is lower.
Section 6. Project beneficiaries, who upon issuance
of Certificate of Occupancy, purchase the land outright shall pay the
following charges:cralaw:red
6.1) The price of the land pegged at P5.00 per square
meter as provided by Republic Act No. 1597 which amount may be
amortized monthly over a maximum period of 25 years and an interest
rate of 12% per annum.
6.2) The development cost based on current estimates
which is allocable per square meter of residential area and which when
amortized over 25 years at 12% per annum amounts to P0.95 per square
meter per month; or the total development cost is computed by the
Authority upon completion of the project, likewise amortized monthly
over a maximum of 25 years at an interest of 12% per annum, whichever
is the lower.
However, project beneficiaries at or below the 20% percentile of income
as determined by the Authority based on its socio-economic surveys, may
be allowed to pay initially lower rates which gradually escalate over
time provided however that the equivalent value, together with interest
accrued at 12% per annum on unpaid balances, is still completely paid
overtime.
Upon full payment of the value of the land as set in (6.1) above, title
shall be issued to the purchaser subject to a lien in the form of a
mortgage for whatever value of development cost is still unpaid as of
the time of payment of the land value.
Section 7. Project beneficiaries who, by virtue of
Section 6.2 above, have to lease the land, shall be charged a lease
rate to be determined by the Authority taking into consideration the
capacity-to-pay of the beneficiary.
Section 8. 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 (3) months failure
to pay or update dues and/or amortizations shall cause summary ejection
from the project without need of court order and further-more shall
reduce the former beneficiary to a squatter on the premises with all
the force of all applied to him.
The decisions, rulings, order 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 order, ruling or
decision; Provided, however, that the Office of the President is deemed
to have affirmed the appealed 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 9. The terms and provisions of this Decree
apply only in the case of areas designated by the Authority as
residential under the plan developed for the area. The Authority is
hereby empowered to specify other terms of land tenure, rules and
regulations and fees other than those prescribed herein for areas
designated as commercial and/or industrial sites. Neither shall the
Citizens' Committee created under Section 3 above have any jurisdiction
over these commercial/or industrial areas. For these areas, the
Authority shall strive to recover as much as is possible and feasible
of the investments made by the government in the project.
Considering the nature of the project, however, those households which
due to the development plan, area displaced from their current areas
because of the allocation of the area for a commercial and/or
industrial purposes and for which the terms of occupancy and/or
ownership is beyond their reach, shall have the option to exercise
their privilege of purchase under freehold with restrictions in an area
they can afford in Dagat-Dagatan and they shall pay both purchase price
and amortization of development costs as defined in Section 6.
Section 10. 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 3. chanroblesvirtualawlibrary
Section 11. All lessee and holders of freehold titles
shall pay normal real property taxes to the local government.
Section 12. Any provision of law, decree, executive
orders, ordinances, rules and regulations inconsistent herewith are
repealed, amended and modified accordingly.
Section 13. 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 14. This Decree shall take effect immediately.
DONE in the City of Manila,
this 20th day of March, in the year of Our Lord, nineteen hundred and
seventy-eight.
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