Presidential Decree No. 1472 (PD 1472) — Amending Republic Acts Nos. 4852 and 6026 by Providing Additional Guidelines in the Utilization, Disposition and Administration of All Government Housing and Resettlement Projects.
WHEREAS, the primordial objective of Republic Acts Nos. 4852
and 6026 is the social and economic uplift of the dislocated families relocated
from the Greater Manila Area to resettlement projects;
WHEREAS, some provisions of Republic Acts Nos. 4852 and 6026
have been found to be unrealistic and inadequate particularly on matters
affecting the disposition, utilization and administration of home lots and
commercial and/or industrial areas in government resettlement projects;
WHEREAS, in many instances, portions, if not the entire
area, of the property acquired by the National Housing Authority or its
predecessors-in-interest for resettlement and/or for housing development, have
been placed under the operation of land transfer by the Department of Agrarian
Reform to the prejudice of the housing development program of the
government;
WHEREAS, to insure and hasten the attainment of the
objectives of the law, there is an imperative need to provide additional
guidelines in the utilization, disposition and administration of housing and
resettlement projects of the government;
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, the following:
SECTION 1. The government resettlement projects in Sapang
Palay, San Jose del Monte, Bulacan, Carmona, Cavite; San Pedro, Laguna;
Dasmariñas, Cavite; and such other lands or property acquired by the National
Housing Authority or its predecessors-in-interest or to be acquired by it for
resettlement purposes and/or housing development, are hereby declared as outside
the scope of the Land Reform Program under the Agricultural Land Reform Code, as
amended, and as such, the National Housing Authority or its
predecessors-in-interest shall not be held liable for disturbance compensation
as the case may be.
All third party adverse claims of whatever nature as against the ownership or
possession of the aforesaid property shall be of no effect as against the
government and its instrumentalities;
SEC. 2. The National Housing Authority shall have the power
to summarily eject, without the necessity of judicial order, any and all
squatters from squatters' colonies or government resettlement projects, as well
as, any illegal occupant in any homelot, apartment or dwelling unit owned or
administered by it. In the exercise of such power, the National Housing
Authority shall have the right and authority to request the help of the Barangay
Chairman and any peace officer in the locality. Illegal occupant as used in this
Decree shall mean to include those awardees or lessees whose right to occupy or
lease the subject homelot, apartment or dwelling unit has already ceased by
reason of his violation of the conditions of his award or lease agreement
executed in his favor by the National Housing Authority or its
predecessors-in-interest. In all these cases, however, proper notice of
ejectment either by personal service or by posting the same in the lot or door
of the apartment as the case may be given to the squatter or illegal occupant
concerned as the case may be at least 10 days before his scheduled ejectment
from the premises. The provision of Section 2 of Republic Act No. 6026 that no
awardee shall be ejected unless he is transferred to another housing project or
to his hometown with the assistance of the Department of Social Welfare is
hereby repealed.
SEC. 3. Any business enterprise established or to be
established in any of the government resettlement projects may be registered
with the Board of Investments and as such, shall be entitled to all the
incentives and privileges granted under the law;
SEC. 4. A Certificate of Award issued by the National
Housing Authority to any duly resettled family in any resettlement project of
the government may be used as collateral by the awardee for a loan from any
government financial institution for the purpose of improving his dwelling unit
or for investment to be established within the resettlement project and for
other purposes but upon prior approval by the General Manager of the National
Housing Authority;
SEC. 5. Homelots including improvements thereon in
government resettlement projects shall be exempted from levy on execution or
attachment, except for non-payment of taxes or other obligation in favor of the
government or foreclosures for the satisfaction of a mortgage loan previously
approved by the National Housing Authority;
SEC. 6. Homelot in government resettlement projects shall
have an area of not less than 48 square meters and not more than 300 square
meters;
SEC. 7. Notwithstanding the provision of any law to the
contrary, the Board of Directors of the National Housing Authority shall have
the power to determine the selling price of any homelot, commercial and/or
industrial area within the resettlement project and may charge amortization and
delinquency interest;
SEC. 8. The National Housing Authority shall undertake the
processing of applications filed by squatters who desire to be resettled in any
government resettlement project and shall determine their qualifications.
Squatters who have occupied the estate before its acquisition by the government
shall be given preference in the award of homelots in the resettlement project
if found qualified under existing rules and regulations.
SEC. 9. The National Housing Authority shall promulgate such
rules and regulations as may be necessary with respect to the proper
utilization, disposition and administration of housing units, homelots and
commercial and/or industrial areas in the resettlement projects of the
government and which shall have the force of law after the same shall have been
published in a newspaper of general circulation.
SEC. 10. All provisions of laws, decrees, letters of
instructions, rules and regulations which are inconsistent with this Decree are
hereby repealed, modified or amended accordingly.
SEC. 11. This Decree shall take effect immediately.
DONE in the City of Manila, this 11th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the
Philippines
By the President:
(Sgd.) JACOBO C. CLAVE
Presidential Executive
Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
