WHEREAS, it
is a declared objective of the New Society to effect social, economic
and political reforms attuned to the establishment of a secure national
community and to an improved quality of life for all citizens and for
all others who may sojourn upon our shores;chanroblesvirtualawlibrary
WHEREAS, human settlement is an integrative concept embracing the
interdependence of man's environment, human shelters and structures,
and the design and organization of human communities consistently with
a national framework plan, all for the people's security and well-being;chanroblesvirtualawlibrary
WHEREAS, the quality of human life in our times is inescapably
determined by the relationship amongst human populations, resources,
the environment, and intelligent policies;chanroblesvirtualawlibrary
WHEREAS, our programs or reform now call for the organization of a body
that is adequate and responsive to the manifold tasks of formulating
human settlements perspectives and policies, designing operational
programs for the control of all forms of environmental blight or
deterioration, and adopting and implementing measures for ensuring the
safety and wholesomeness of life in our communities with due regard to
consideration of space, efficient land use, equity in resources
distribution, and rational relationship amongst our communities.
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 and make as part of the laws of the land the following:cralaw:red
Section 1. Declaration of Policies. — It is hereby
declared to be the policy of the Government (a) to liberate our human
communities from blight, congestion, and hazard, and to promote their
development and modernization; (b) to bring about the optimum use of
land as a national resource for public welfare rather than as a
commodity of trade subject to price speculation and indiscriminate use;
(c) to effect rational interdependence of communities both within as
well as amongst the various regions; (d) to preserve and promote a
dynamic balance between the physical beauty of our land and waters on
the one hand, and the handiwork of human technology on the other; and
finally, (e) to realize those policies through the human settlements
approach; engaging in these activities the best efforts of the private
and public sectors.
Section 2. Definitions. — As used in this Decree,
the following words or phrases shall have the following meanings or
definitions: chanroblesvirtualawlibrary
(a) "Development Plan" refers to the
document/documents, including maps, charts and other materials
embodying goals and proposals for the overall socio-economic growth and
development of an area. The term covers both national and regional
development plans.
(b) "Human Settlements" means the habitat or built
environment of human beings encompassing both rural and urban areas
where man settles himself to live."
(c) "Human Settlements Approach" means the physical
planning, improvement, and management of human settlements. This
includes consideration of shelter and related facilities which affect
habitability and efficiency from the viewpoints of quality of life and
economic and social opportunity.
(d) "Human Settlements Plan" refers to the major
goals, objectives, and policies for the planning of human settlements,
translated into a broad program of physical planning activities,
programs and projects, including its phasing, priorities, and financing.
(e) "Land Resource Management" means the formulation
of policies and programs relating to the general use of land, the
preparation of land use, plans, reflecting these policies and programs;
the coordination of efforts relating to land resources among government
agencies and between various levels of government, and the
administration of programs and implementation of mechanisms in support
of these policies.
(f) "Local Planning Bodies" refer to the existing
offices or agencies or those which may be created in the future which
are lawfully entrusted with physical planning functions in the local
governments.
(g) "Physical Planning" means the art and science of
ordering and managing the use of land and its environment and the
character and siting of buildings and communication routes so as to
secure the maximum practicable degree of economy, convenience and
beauty.
(h) "Pilot or Experimental Projects" refers to any
undertaking, activity, or operation, of more or less limited duration,
involving investments carried out with the end in view of trying out
alternative and innovative approaches to managing and planning human
settlements.
(i) "Planned Area for New Development" refers to any
areas/area identified and segregated for overall and integrated
planning and development as a single unit or physical area.
(j) "Regional Planning Bodies" refer to the existing
offices or agencies such as the Regional Development Councils (RDCs) or
those which may be created in the future which are lawfully entrusted
with physical planning functions in the region.
Section 3. Creation of the Human Settlements
Commission. — For the purpose of carrying out the above declared
policy, there is hereby created a Human Settlements Commission,
hereinafter referred to as the Commission, which shall be under the
Office of the President of the Philippines. chanroblesvirtualawlibrary
The Commission shall be composed of the following members: (1) the
Deputy Director-General, National Economic and Development Authority;
(2) the Undersecretary, Department of Public Works, Transportation and
Communications; (3) the Undersecretary of Public Highways; (4) the
Undersecretary, Department of Natural Resources; (5) the
Undersecretary, Department of Justice; (6) the Undersecretary,
Department of Local Government and Community Development; (7) the
General Manager, National Housing Authority; (8) the full-time
Commissioner of the National Pollution Control Commission; (9)
Undersecretary of Agriculture; (10) Deputy Commissioner of the Budget
and (11) a Chairman appointed by the President who shall be a member of
the National Economic and Development Authority.
The Chairman and members of the Commission may be allowed to receive
per diems and allowances as may be necessary for the performance of
their duties.
The Commission is authorized to create such working sub-committees as
may be needed for carrying out the functions of the Commission.
The Commission shall appoint and maintain an adequate technical and
administrative staff, which will be headed by an Executive Director.
The Task Force on Human Settlements created and organized pursuant to
Executive Order No. 419 and Presidential Decree No. 297, both dated
September 19, 1973, shall be abolished upon the organization of the
Commission herein created and its pertinent functions together with the
applicable personnel, balance of appropriation, records, equipment and
property shall be transferred to the Commission.
The pertinent physical planning functions of the Planning and Project
Development Office (PPDO) created by Department Order No. 40 dated June
27, 1972 of the Department of Public Works, Transportation and
Communications (DPWTC) are hereby transferred to the Commission,
together with such applicable personnel, appropriations, records,
equipment, and property as may be mutually determined by the DPWTC and
the Commission. However, the DPWTC shall retain such physical planning
functions as are essential to and supportive of the infrastructure
program and operations of the DPWTC and of the corporations attached to
the Department.
The regular professional and technical personnel of the Commission
shall be exempt form WAPCO rules and regulations.
Section 4. Functions. — The Commission shall have
the following functions:cralaw:red
1. Formulate a multi-year integrated national plan on
human settlements and identify and develop the spatial implications and
components of national and regional development plans, policies and
programs.
2. Undertake, promote, commission and/or contract the
gathering of data, the conduct of studies, and the development and
applications of technology pertaining to human settlements necessary
for the formulation of human settlements policies, plans and programs;
and monitor the implementation of such policies, plans and programs for
the different levels of government and for the public and private
sectors.
3. Conduct public hearings on all human settlements
plans before their submission to the NEDA. The Commission may likewise
conduct public hearing on all other plans prepared by it as it may deem
necessary.
4. Promulgate rules and regulations to ensure
compliance with policies, plans, standards and guidelines of human
settlements formulated under Paragraph 2 of this Section which shall be
enforced by the appropriate implementing agencies of the government
such as those concerned with land resources management, ecological
conservation and development and control of urban/industrial pollution
and hazards.
5. Act as appellate body in case of conflicting
decisions and actions arising from the exercise of the physical
planning functions of the regional and/or local planning
agencies. chanroblesvirtualawlibrary
6. With the concurrence of the NEDA, recommend for
the approval of the President selected human settlements as Planned
Areas for New Development, in accordance with modern comprehensive
physical planning techniques, indicating the preferred implementing
entity. If deemed necessary, an implementing legislation shall be
enacted for this purpose which may include the grant of eminent domain
to the implementing entity. Under such terms and conditions as the
President may further prescribe, the Commission may be authorized to
directly develop and implement a Planned Area for New Development,
either by itself or as part of an inter-agency group and/or by contract
with such appropriate public and/or private entities as it may be deem
proper.
7. Promote, encourage, coordinate, and assist private
enterprises and government agencies and instrumentalities in planning,
developing and coordinating humans settlements programs and to furnish,
to the extent possible, technical and professional assistance and
guidance.
8. Promulgate guidelines, standards and reporting
system for monitoring of physical planning activities in the national,
regional and local levels.
9. Call on any department, bureau, office, agency or
instrumentality of the government, and on private entities and
organizations for cooperation and assistance in the performance of its
functions.
10. Adopt rules and procedures for the transaction of
its business.
11. Perform such other activities which are necessary
for the effective performance of the above-mentioned functions and
objectives.
Section 5. National Planning Functions. — The
Commission shall submit the integrated national multi-year and annual
Human Settlements Plans to the NEDA Board for coordination and
integration with the national development plan. It shall also submit
the proposed draft legislation, if necessary, for the implementation of
such plans. Once the Human Settlements Plan has been approved and the
implementing legislation promulgated, all plans, programs and projects
of the government and the private sectors related to humans settlements
shall conform to the guidelines and standard set forth therein.
The Commission shall also submit to the NEDA an Annual Human
Settlements Plan consistent with the annual development budget and such
annual plans which NEDA may prepare, for integration into the national
development plan. Said Annual Plan shall be submitted in time for
consideration in the preparation of the development budget and national
development plan.
Section 6. Regional Planning Functions. — For the
effective integration of economic planning with the physical planning
of human settlements, the NEDA and the Commission shall be in constant
and regular consultation with each other and shall effect a mutual
reporting system.
At the request of a Regional Development Council (RDC), the Commission
may prepare the regional plan for that region and/or may provide such
necessary technical and planning assistance as may be necessary. The
Commission may help the RDCs to establish their respective physical
planning units. chanroblesvirtualawlibrary
Section 7. Project Implementation. — Except as
otherwise provided herein, the Commission may not undertake project
implementation involving specific sites except in the case of pilot or
experimental projects which may or may not form part of the Planned
Development Units. For this purpose, with the prior concurrence of the
NEDA, it may undertake the project itself or designate any suitable
government agency or agencies, any qualified private organization, or
any other qualified group of persons to undertake said pilot or
experimental projects. In the latter case, it shall issue a designating
order with the approval of and through the President which shall embody
the powers and functions of said organizations including the nature,
extent and duration of its special authority, consistent with existing
laws.
Section 8. Regulatory Functions. —
(a) The Commission shall assist and coordinate with
the National Pollution Control Commission (NPCC) in the performance of
its functions such as the setting of performance standards for
emitants, industrial wastes, fire hazards and the like to ensure that
factories, plants, industries and the like shall provide adequate and
effective devices for the healthy and safe disposal of industrial
wastes and shall install anti-pollution devices, safety devices and the
like and otherwise use their property in accordance with prescribed
policies, rules and regulations promulgated by the Commission.
(b) The Commission shall formulate —
1. National standards, rules and regulations to be
followed and observed by the regional and local planning authorities in
the preparation and implementation of human settlements policies, plans
and programs.
2. Regional standards and guidelines on land use,
classification, and readjustment schemes in coordination with the
appropriate government entities and with the concurrence of the
Regional Development Councils concerned. chanroblesvirtualawlibrary
3. Model ordinances and development regulations such
as zoning, subdivision and building regulations, and housing and rental
codes for the guidance of and possible consideration, by regional and
local planning authorities, including local governments.
(c) Within the context of the national and regional
standards and guidelines, the preparation of local physical or zoning
plans shall be undertaken by the appropriate local governments, to be
embodied in local ordinances: Provided, however, That the concurrence
of the Commission shall be obtained beforehand and: Provided, further,
That such concurrence shall be limited to the consistency of the local
ordinance to the national and regional standards and guidelines and
shall not extend to the utilization and/or classification of specific
individual plots of land.
Section 9. General Powers of the Commission. — In
order to perform its various functions, the Commission shall have the
following general powers, subjects to existing laws:cralaw:red
(a) Enter into contracts, either domestic or
foreign, whenever necessary under such terms and conditions as it may
deem proper and reasonable.
(b) Receive, take and hold by bequest, device, gift,
purchase or lease, either absolutely or in trust for any asset, grant
or property, real or personal, subject to such limitations as are
provided in existing laws and regulations; to convey such asset, grant
or property, invest and reinvest the same under this provision and deal
with and expand its assets and income in such manner as will best
promote its public welfare objectives.
(c) Develop and maintain in conjunction with
cooperating agencies a responsive information system through the
establishment of a data bank to support the Commission at various
specific levels in the planning, monitoring, execution, coordination
and control of its various activities, programs and/or projects. chanroblesvirtualawlibrary
(d) To do and perform any and all such acts as may
be necessary and proper to carry out the objectives of this Decree.
Section 10. Powers of the Commission Upon Notice and
Hearing. — The Commission shall have the following powers, upon proper
notice and hearing:cralaw:red
(a) Formulate the national and regional human
settlements plans.
(b) Formulate national or regional plans showing the
area or areas for the location of factories, plants, industries, which
shall be subject to regulations.
Section 11. Powers of the Commission Without
Hearing. — The Commission shall have the power to do the following
without hearing:cralaw:red
(a) Require all persons, corporations or other
entities to furnish it with such physical and operational plans, maps
and other relevant information as it may need to discharge its duties
under this Decree.
(b) Issue subpoena and subpoena duces tecum on any
inquiry, study, hearing, investigation or proceeding which it may
decide to undertake in the excess of its functions, powers and duties
under this Decree.
(c) Call on any department, bureau, office, agency,
or instrumentality of the government or any of its political
subdivisions for cooperation and assistance in the performance of its
duties and functions. chanroblesvirtualawlibrary
(d) Promulgate rules and regulations relevant to
procedures governing hearings before the Commission and enforce
compliance with any rule, regulation, order or other requirements of
this Decree or of the Commission: Provided, That the said rules and
regulations shall take effect fifteen (15) days after publications in a
newspaper of general circulation.
(e) Issue and promulgate such rules and regulations
as it may deem necessary in the attainment of its objectives.
(f) Perform such other acts as may be necessary or
conducive to the exercise of its function and powers and the discharge
of its duties under this Decree.
Section 12. Submission of Annual Reports. — The
Commission shall render an Annual Report and such other reports as may
be necessary to the Office of the President.
Section 13. Commission Procedure. — All inquiries,
studies, hearings, investigations and proceedings conducted by the
Commission shall be governed by rules adopted by the Commission, and in
the conduct thereof the Commission shall not be bound by technical
rules and evidence: Provided, That the Commission may summarily punish
for contempt, by a fine not exceeding five hundred pesos (P500.00) or
upon application of the Commission in the appropriate contempt
proceedings, by imprisonment of not exceeding thirty (30) days or both,
any person guilty of such misconduct in the presence of the Commission
or so near thereto as to seriously interrupt any hearing or session or
any proceeding before it, including cases wherein a person willfully
fails or refuses, without just cause, to comply with a summons,
subpoena, or subpoena duces tecum legally issued by the Commission, or,
being present at a hearing session or investigation, refuses to be
sworn as a witness or to answer questions when lawfully required to do
so, or to furnish information required by the Commission under this
Decree. The sheriff or other police agencies of the place where the
hearing or investigation is conducted shall, upon the request of the
Commission, assist it to enforce the provisions of this Section. chanroblesvirtualawlibrary
Section 14. Review of Commission's Decision or
Order. — a party adversely affected by any decision or order of the
Commission in the exercise of its powers subject to hearing, may within
a period of thirty (30) days from receipt of said decision or order,
appeal to the Office of the President in accordance with the provisions
of the Executive Order No. 19, series of 1966. A motion for
reconsideration filed with the Commission within the period for appeal
shall stop or suspend the running of the period for appeal to the
Office of the President and the period for appeal shall continue to run
again from the date of receipt by the party concerned of the denial of
his motion for reconsideration by the Commission.
Section 15. Penalties. — (a) Any person who shall
give false or misleading data or information of willfully or through
gross negligence, conceals or falsifies a material fact, in any
investigation, inquiry, study or other proceedings held pursuant to
this Decree, shall be punished with imprisonment of not less than four
nor more than six months with a fine of not less than five hundred
pesos nor more than one thousand pesos: Provided, That if the false or
misleading data or information shall have been given under oath, the
maximum penalty for giving false testimony or perjury shall be imposed.
(b) Any person or establishment who violates any
provision of this Decree or any order, decision, ruling or regulation
of the Commission shall, upon conviction for the first time, be warned
and placed on probation under such terms and conditions as the proper
Court may impose. On second conviction, the penalty to be imposed shall
be the removal, withdrawal, cessation or refusal of infrastructure
support namely; highways, sewage, water, electric power and the like.
On the third and subsequent convictions, the offender shall, in
addition to the penalty imposed on second conviction, be sentenced to
imprisonment for a period of not less than six months nor more than
five years and a fine of not less than five thousand pesos: Provided,
That if the offender is a corporation, partnership or juridical person,
the penalty of imprisonment shall be imposed on the officer or officers
responsible for permitting or causing the violation. chanroblesvirtualawlibrary
Section 16. Domicile. — The principal office of the
Commission shall be established in Metropolitan Manila. The Commission
may also have branches or offices at such other place or places in the
Philippines, as the operations and activities of the Commission may
require.
Section 17. Appropriation. — The budget of the
Commission shall be twenty-nine million pesos (P29,000,000.00) for
calendar year 1976 which is hereby appropriated out of any funds in the
National Treasury. Thereafter, such amount as necessary to carry out
the provisions of this Decree shall be included in the Annual
Appropriations Act.
Section 18. Separability Clause. — If any provision
of this Decree shall be held invalid, the remainder shall not be
affected thereby.
Section 19. Repealing Clause. — Any provision of
law, executive order, rule or regulation inconsistent with this Decree
are hereby repealed or modified accordingly. chanroblesvirtualawlibrary
Section 20. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 13th day of May in the year of Our Lord, nineteen hundred and
seventy-six.
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