A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1315
PRESIDENTIAL DECREE NO. 1315 -
PROVIDING FOR THE EXPROPRIATION OF A LANDED ESTATE REGISTERED UNDER ACT
NO. 70298, 73960, PORTION OF 71357, 2017 AND 2018 AND ALL TRANSFER
CERTIFICATES OF TITLE DERIVED THEREFROM, IN BAGONG BARRIO, CALOOCAN
CITY FOR THE UPGRADING AND THE DISPOSAL OF LOTS THEREIN TO THEIR
PRESENT BONA FIDE OCCUPANTS AND OTHER QUALIFIED SQUATTER FAMILIES AND
AUTHORIZING THE APPROPRIATION OF FUNDS FOR THE PURPOSE
|
chanroblesvirtualawlibrary
WHEREAS,
the Constitution of the Philippines mandates that the "State shall
establish, maintain and ensure social service in the field of.housing.to guarantee the enjoyment of the people of a decent
standard of living" and directs that "The State shall promote social
justice to ensure the dignity, welfare and security of all the people"
and."shall regulate the acquisition, ownership, use and enjoyment
and disposition of private property and equitably diffuse property
ownership and profit;" chanroblesvirtualawlibrary
WHEREAS, Letters of Instructions Nos. 555 and 557 promulgated on 11
June 1977, declared as a national policy that slum improvement,
otherwise known as upgrading of sites and services, is an acceptable
approach to meeting the housing needs of the country and the primary
strategy for dealing with slums, squatter areas and other blighted
communities in urban areas; and adopt a national Slum Improvement and
Resettlement Program (hereinafter referred to as "SIR");chanroblesvirtualawlibrary
WHEREAS in compliance with the aforecited Letters of Instructions, the
Governor of Metro Manila under Executive Order No. 6-77 dated 21 July
1977 has adopted a Zonal Improvement Program (hereinafter referred to
as "ZIP") which addresses the problems of all 415 identified slums and
other blighted communities in Metro Manila;chanroblesvirtualawlibrary
WHEREAS, the landed estate registered under TCT No. 70298, 73960,
portions of 71357, 2017 and 2018 and all transfer certificates derived
therefrom in Bagong Barrio, Caloocan City is a slum area identified for
upgrading under the Zonal Improvement Program of the Governor of
Metropolitan Manila; chanroblesvirtualawlibrary
WHEREAS, one of the primary objectives of the Zonal Improvements
Program is to resolve the land tenure issue in slum areas which are
privately owned but have been occupied by resident families for long
years.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
decree as part of the law of the land that:cralaw:red
Section 1. The real properties covered by Transfer
Certificate of Title Nos. 70289, 73960 and a portion of 71357
identified as Lot. Nos. 3593, 3594 and 3629 in the name of Maria B.
Castro and Lot No. 3206 in the name of Bonifacio Co as per Tax
Declaration No. 25395 with an aggregate area of 403,799 square meters,
more or less; Lot Nos. 3591 and 3592 containing a total area of 1,440
square meters in the name of Abdon Chan as per Tax Declaration Nos.
24853 and 24854 and Lots Nos. 3603, 3605 and 3607 containing a combined
area of 1,590 square meters in the name of Pio Militante as per Tax
Declaration No. 24876 all of which were previously covered by Transfer
Certificate Title No. 71357 and the adjacent real properties covered by
Transfer Certificates of Title No. 2017 and 2018 registered in the name
of Leonora Carriedo containing an area of 141,133 square meters, more
or less and all located at Bagong Barrio, Caloocan City, Metro Manila,
having been identified as a blighted area and included in the SIR
Program established under Letters of Instructions No. 555 and ZIP
Program as provided by Executive Order No. 6-77 dated 21 July 1977 of
the Governor, Metropolitan Manila, are hereby declared expropriated.
The National Housing Authority hereinafter referred to as the
"Authority" is designated administrator for the national government and
is authorized to immediately take possession, control and disposition
of the expropriated properties with the power of demolition of their
improvements. Pursuant thereto, the Authority with the government of
Caloocan City and in consultation with the Metro Manila Commission
shall evolve and implement a comprehensive development plan for the
condemned properties. chanroblesvirtualawlibrary
Section 2. The comprehensive development plan shall
consider the upgrading of existing dwelling units, the relocation of
qualified squatter families to a resettlement area nearby; and the
re-blocking, re-arrangement and re-alignment of existing and other
structures to allow for the introduction of basic facilities and
services, all in accordance with the provision of the national SIR and
Metro Manila ZIP Programs. 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.
Section 3. The development of the area shall be an
inter-agency effort and shall be funded, designed, undertaken and funds
invested in the project recovered according to the provisions of
Letters of Instructions Nos. 555 and 557 as amended.
Section 4. Land Tenure shall be consistent with that
defined by the Letters of Instructions No. 555 as amended. The purchase
price of the raw land shall be fixed at a per square meter cost
established to recover the expropriation price stated in Sections 6 and
7 of this Decree.
Section 5. All expropriated areas 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
Authority in consultation with the local government in order to
generate subsidies to help defray the development cost of this project
or other similar projects.
Section 6. Notwithstanding any provision of law or
decree to the contrary and for the purpose of expropriating these
properties pegged at the market value determined by the City Assessor
pursuant to Presidential Decree No. 76, as amended and in force and in
effect at the time of the issuance of this decree. In assessing the
market value, the City Assessor shall consider existing conditions in
the area notably, that no improvement has been undertaken on the land
and that the land is squatted upon by resident families which should
considerably depressed the expropriation cost. Subject to the
foregoing, the just compensation for the above properties should not
exceed a maximum of FORTY MILLION PESOS (P40,000,000.00) which shall be
payable to the owners within a period of five (5) equal
installments. chanroblesvirtualawlibrary
Section 7. The sum of EIGHT MILLION PESOS
(8,000,000.00) and an equal amount every fiscal year thereafter or a
total amount of FORTY MILLION PESOS (P40,000,000.00) are hereby
appropriated from the general fund in the National Treasury or from
such other sources as may be available to the National Housing
Authority for the payment of just compensation of the expropriated
properties as may be established as provided under Section 6 above.
Section 8. There is also appropriated the amount of
TWENTY FIVE MILLION PESOS (P25,000,000.00) for the financing of the
components of the development plan that the Authority can undertake for
the first year of a 5-year development program of implementation of the
Project as prescribed under the aforecited Letter of Instructions;
provided that these funds shall be considered as a grant to the
Authority and shall not form part of its authorized capital.
Section 9. All appropriations shall be made available
by the Budget Commission to the National Housing Authority according to
the provisions of the program to be evolved and implemented by the
Authority for the area. chanroblesvirtualawlibrary
Section 10. The amounts appropriated under Section 7
and 8 of this Decree are to be recovered from all beneficiaries of the
development project in accordance with LOI No. 555 as amended. These
amounts shall remain with the Authority for its 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 three months (3),
failure to pay or update dues and/or amortizations shall cause the
summary ejection of the violators from the lots allocated to them by
the Authority without need of court orders or subjecting the Authority
or its duly authorized representatives to any civil or criminal
liability. Furthermore, the ejected beneficiary shall be treated as a
mere 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 embodied in the agreement between the Authority and
the beneficiaries.
Section 11. The decisions, rulings, orders or
resolutions of the Authority relative to the disposition of the lots or
dwelling units or such rights acquired hereunder, or to the ejections
of delinquent beneficiaries cannot be the subject of judicial review
and shall be final, unless appealed to the Office of the President
within thirty (30) days from receipt of such decision, rulings, orders
or resolutions; provided, however, that the Office of the President is
deemed to have affirmed and appealed such 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 12. All acts, parts of acts, decrees, letter
of instructions, ordinances or rules and regulations which are
inconsistent herewith are repealed, amended or modified accordingly.
Section 13. If for any reason a 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 14. This Decree shall take effect immediately.
DONE in the City of Manila,
this 26th day of March, in the year of Our Lord, nineteen hundred and
seventy-eight.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|