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PRESIDENTIAL DECREE NO. 2015
PRESIDENTIAL DECREE NO. 2015 -
REDUCING THE MONTHLY AMORTIZATION PAYMENT FOR HOMELOTS AND ON PLOT
DEVELOPMENT THEREAT OF RESETTLED FAMILIES IN NHA RESETTLEMENT PROJECTS
AND PROVIDING GOVERNMENT GRANT TO NHA FOR THE PURPOSE
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WHEREAS,
the national government through the National Housing Authority (NHA) is
undertaking a continuing program of eliminating and preventing
squatting in danger areas, land needed for the infrastructure program
of the government and privately-owned land; chanroblesvirtualawlibrary
WHEREAS, the policies of the national government as provided in Letters
of Instructions Nos. 555, 556 and 557 as amended by Letter of
Instructions No. 686 require the development of resettlement sites for
the accommodation of families to be removed from the aforementioned
areas;chanroblesvirtualawlibrary
WHEREAS, the relocation and resettlement of squatter families from the
aforementioned areas is a governmental function being undertaken
through the NHA as a priority program of the national government;chanroblesvirtualawlibrary
WHEREAS, the NHA's housing program for marginal and low income families
is based on the principle that investments in housing development must
be recovered in order to ensure its viability as a Corporation and the
continuity of its programs;chanroblesvirtualawlibrary
WHEREAS, resident families in the resettlement areas are experiencing
severe financial difficulties aggravated by the physical and economic
dislocation they have to overcome in starting a new life in the said
resettlement projects;chanroblesvirtualawlibrary
WHEREAS, majority of the resettled families in NHA resettlement
projects are unable to pay their monthly amortization payments for
their respective homelots and have repeatedly petitioned for the
reduction of such amortization payments.
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 monthly amortization payment of
resettled families for their respective homelots and any on-plot
development thereon in NHA resettlement project shall be a minimum of
P30.00 and a maximum of P50.00 depending on the size and location of
such homelots, provided that resettled families paying less than the
above-stated amount shall continue to pay their current rate of monthly
amortization less the interest charges. This amortization shall be made
for a period of 25 years with no interest in charge. chanroblesvirtualawlibrary
Section 2. Any families relocated from danger area,
such as esteros, riverways and the right-of-way of railroad tracks and
roads, from land for the infrastructure program of the national
government and privately-owned land through the action of the
government and who have been given the opportunity to be accommodated
in a government resettlement project, has voluntary acceded to reside
in such project, shall be entitled to the force going rate of monthly
payment. Families who illegally occupy homelots in resettlement
projects shall be charged the full price of the homelots based on the
total project cost as determined by the NHA.
Section 3. The transfer and resale of homelots
awarded to resident families under the terms and conditions set forth
in this Decree is illegal. The award of the homelot in accordance with
this Decree shall be cancelled and the awardee who transfers or sells
such homelots shall be disqualified from receiving government
assistance. The transfer or resale of homelots may however be
legalized, provided the buyer is qualified to own a homelot, under the
rules of the NHA and agrees to pay the full price of the homelot based
on the total project cost.
Section 4. Equity funds of the NHA which were used
for the development of resettlement sites shall be converted to
subsidies or grants of the national government to NHA and shall
therefore be written off from its books of accounts by deducting an
equivalent amount from the total equity contributions of the national
government to NHA. For this purpose, the NHA, shall submit to the
Office of the Budget and Management a statement of its total investment
in resettlement projects as of the effectivity of this Decree duly
certified to by the Commission on Audit. The Office of the Budget and
Management shall, based on the abovementioned certified statement of
fund use, adjust its accounting records on the amount of equity
contributions already made by the national government to the National
Housing Authority.
Section 5. Henceforth, the cost of development of
resettlement sites for families to be removed from danger areas and
land needed for the infrastructure program of the national government
including the cost of physically transferring them to such resettlement
sites shall be borne by the national government. For budgeting
purposes, such costs shall be chargeable to the government agency
responsible for the project or the area to be cleared and such agency
shall allocate funds for the relocation and resettlement of squatter
families which funds shall be considered as part of the total project
cost.
Section 6. The National Housing Authority under the
supervision of the Ministry of Human Settlements shall estimate the
yearly requirement for funds to support the relocation and resettlement
program of the national government and include the same as a part of
its annual program and budget. The Office of the Budget and Management
shall make available to the National Housing Authority the funds
allocated for the said program as subsidy or grant to be released apart
and distinct from the equity contributions of the national government
to the National Housing Authority for the particular fiscal year.
Section 7. The General Manager of the National
Housing Authority shall promulgate the rules and regulations for the
implementation of this Decree which rules and regulations shall be
subject to the approval by the NHA Board of Directors.
Section 8. All laws, Presidential Decrees, Letter of
Instructions and other issuances and the pertinent parts thereof
inconsistent with this Decree are hereby modified, amended or revoked
accordingly. chanroblesvirtualawlibrary
Section 9. This Decree takes effect immediately.
DONE in the City of Manila,
this 23rd day of January, in the year of Our Lord, nineteen hundred and
eighty-six.
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