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PRESIDENTIAL DECREE NO. 2016
PRESIDENTIAL DECREE NO. 2016 -
PROHIBITING THE EVICTION OF OCCUPANT FAMILIES FROM LAND IDENTIFIED AND
PROCLAIMED AS AREAS FOR PRIORITY DEVELOPMENT (APD) OR AS URBAN LAND
REFORM ZONES AND EXEMPTING SUCH LAND FROM PAYMENT OF REAL PROPERTY
TAXES
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WHEREAS,
the Constitution of the Philippines provides that the "state shall.undertake an urban land reform and social housing programs to provide
deserving landless or inadequately-sheltered low-income resident
citizens reasonable opportunity to acquire land and decent housing.;"
WHEREAS, Presidential Decree No. 1517 dated 11 June 1978 instituted a
nationwide urban land reform program and provided for the
identification and proclamation of Urban Land Reform Zone;chanroblesvirtualawlibrary
WHEREAS, Proclamation No. 1810 dated 22 December 1978 provides that
areas identified as projects for development under the Zonal
Improvement Program for Metro Manila and the Slum Improvement and
Resettlement Program for regional cities shall become Urban Land Reform
Zones;chanroblesvirtualawlibrary
WHEREAS, Proclamation No. 1967 dated 14 May 1980 specify 244 sites in
Metro Manila as Areas for Priority Development and Urban Land Reform
Zones;chanroblesvirtualawlibrary
WHEREAS, notwithstanding the abovementioned presidential issuances
relating to the institution of urban land reform and its implementing
machinery, resident families in Areas for Priority Development or Urban
Land Reform Zones are being evicted from such land in violation of
Section 6 of the Urban Land Reform Law which provides that qualified
families within Urban Land Reform Zone "shall not be dispossessed of
the land and shall be allowed, the right of first refusal to purchase
the same;"
WHEREAS, landowners of the above-cited land are able to go around
Section 6 of the Urban Land Reform Law by offering to sell the land to
occupant's capacity to pay and subsequently evicting them for failure
to exercise their option to buy the said land thus, rendering the Urban
Land Reform Law in operative and of no consequence.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order, decree and make as part of the law of the land;chanroblesvirtualawlibrary
Section 1. Any slum or similarly depressed community
identified and proclaimed as an Area for Priority Development an Urban
Land Reform Zone or is a project for development under the Zonal
Improvement Program (ZIP) in Metro Manila and the Slum Improvement and
Resettlement (SIR) Program for regional cities shall be under the
coverage of the Urban Land Reform Law and the Land tenure and other
tenancy issues in such areas shall be governed by the provisions of the
said law.
Section 2. No tenant or occupant family, residing for
ten years or more reckoned from the date of issuance of Presidential
Decree No. 1517 otherwise known as the Urban Land Reform Law, in land
proclaimed as Areas for Priority Development or Urban Land Reform Zones
or is a project for development under the ZIP in Metro Manila and the
SIR Program in the regional cities shall be evicted from the land or
otherwise dispossessed. chanroblesvirtualawlibrary
Section 3. Privately-owned land which has been
identified and proclaimed as an Area for Priority Development or Urban
Land Reform Zone or is a project for development under the ZIP in Metro
Manila and SIR Program for the regional cities shall be exempt from the
payment of real estate taxes.
Section 4. The National Housing Authority under the
supervision of the Ministry of Human Settlements and in coordination
with municipal or local governments shall review and revalidate the
list of identified Areas for Priority Development or Urban Land Reform
Zones in Metro Manila and other regional cities through actual physical
and environmental survey of each identified site. The updated list of
identified sites shall, with the concurrence of the municipal or city
government, be submitted to the NHA Board of Directors or
recommendation and proclamation as Areas for Priority Development for
Urban Land Reform Zones. The National Housing Authority in coordination
with the local government shall likewise constitute a list of slums or
depressed communities which can be proclaimed as Areas for Priority
Development or Urban Land Reform Zones.
Section 5. The National Housing Authority, as lead
agency of the national government in the implementation of housing
developments for marginal and low income families, shall upon the
identification and proclamation of a depressed community as an Area for
Priority Development or an Urban Land Reform Zone, include the same in
its list of pipeline projects or development under the Zonal
Improvement Program for Metro Manila or the Slum Improvement Program
for Metro Manila or the Slum Improvement and Resettlement Program for
regional cities. The National Housing Authority shall likewise
officially inform the owners of the land if it is privately-owned or
the proclamation of the area as Area for Priority Development or Urban
Land Reform Zone and initiate discussions on the programmed acquisition
of the land in accordance with existing laws. chanroblesvirtualawlibrary
Section 6. Pending acquisition of the land by the
National Housing Authority as provided in Section 5 above, each
qualified occupant family shall pay the owners of the land a reasonable
amount as occupancy fee, such amount to be determined through
negotiations between the occupant families and the owner under the
supervision of the National Housing Authority. For this purpose, the
National Housing Authority shall be the designated representative or
Administrator of the government for land owned by it or land classified
as public.
Section 7. The National Housing Authority shall for
the purposes of this Decree, conduct a census of all families residing
in proclaimed Areas for Priority Development or Urban Land Reforms
Zones which census shall be the basis for determining the priority of
award of homelots to occupant families.
Section 8. The General Manager of the National
Housing Authority shall formulate the rules and regulations for the
implementation of this Decree which rules and regulations shall be
approved by the NHA Board of Directors.
Section 9. All laws, decrees, executive orders, rules
and regulations inconsistent herewith are hereby repealed, amended or
modified accordingly.
Section 10. If for any reason, any section or
provisions of this Decree is declared to be unconstitutional or
invalid, the other provisions hereof not affected shall continue in
full force and effect. chanroblesvirtualawlibrary
Section 11. This Decree shall take 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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