CREATING THE HUMAN SETTLEMENTS COMMISSION

• Number: Presidential Decree No. 933
• Sections: 21

Preamble

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 other who may sojourn upon our

shores;

WHEREAS, the quality of human life in our times is

inescapably determined by the relationship amongst human populations,

resources, the environment, and intelligent policies;

WHEREAS, human settlements 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.

WHEREAS, our programs of 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 considerations of space, efficient land

use, equity in resource 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:

Section 1 Declaration of Policy.

SECTION 1. Declaration of Policy.—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.

SEC. 2. Definitions.—As used in this Decree, the

following words or phrases shall have the following meanings or

definitions:

"Development Plan" refers to the document/documents,

including maps, charts and other materials embodying goals and

objectives, policy guidelines, strategies and proposals for the overall

socio-economic growth and development of an area. The term covers

both national and regional development plans.

"Human Settlements" means the habitat or built environment of

human beings encompassing both rural and urban areas where man settles

himself to live.

"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 equality of life and

economic and social opportunity.

"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.

"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.

"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.

" Physical Planning" means the art and the 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.

"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.

"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.

"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.

SEC. 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."

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

Department 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

subcommittees 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

appropriations, 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. 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 maybe 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

infra-structure 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 from WAPCO

rules and regulations.

Section 4 Functions.

SEC. 4. Functions.—The

Commission shall have the following functions:

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.

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 pr grams; and monitor the

implementation of such policies plans and programs for the different

levels of government and for the public and private sectors.

Conduct public hearings on all human settlements plans before

their submission to the NEDA. The Com mission may likewise conduct

public hearing on all other plans prepared by it as it may deem

necessary.

Promulgate rules and regulations to ensure compliance with

policies, plans, standards and guidelines on 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.

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.

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 deem proper.

Promote, encourage, coordinate, and assist private enterprises

and government agencies and instrumentalities in planning, developing

and coordinating human settlements programs and to furnish, to the

extent possible, technical professional assistance and guidance.

Promulgate guidelines, standards and reporting sys tem for

monitoring of physical planning activities in the national, regional and

local levels.

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.

Adopt rules and procedures for the transaction of its business.

Perform such other activities which are necessary for the

effective performance of the above-mentioned functions and

objectives.

Section 5 National Planning Functions.

SEC. 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 human settlements shall

conform to the guidelines and standards 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 the national development

plan.

Section 6 Regional Planning Functions.

SEC. 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 he necessary. The Commission may help the RDCs to

establish their respective physical planning units.

Section 7 Project Implementation.

SEC. 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

SEC. 8. Regulatory Functions—

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 lie and otherwise use

their property in accordance with prescribed policies, rules and

regulations promulgated by the Commission.

The Commission shall formulate—

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.

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.

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.

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.

SEC. 9. General Powers of the Commission.—In order to

perform its various functions, the Commission shall have the following

general powers, subject to existing laws:

Enter into contracts, either domestic or foreign, whenever

necessary under such terms and conditions as it may deem proper and

reasonable.

Receive, take and hold by bequest, devise, gift, purchase or

lease, either absolutely or in trust for any of its purposes from

foreign and domestic sources, 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.

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.

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.

SEC. 10. Powers of the Commission Upon Notice and Hearing.—The

Commission shall have the following powers, upon proper notice and

hearing:

Formulate the national and regional human settlements plans.

Formulate national or regional plans showing the area or areas

for the location of factories, plants, industries, which shall be

subject to regulation.

Section 11 Powers of the Commission Without Hearing.

SEC. 11. Powers of the Commission Without Hearing.—

The Commission shall have the power to do the following without hearing:

Require all persons, corporations or other entities to furnish it

with such physical and operational plans, mans and other relevant

information as it may need to discharge its duties under this Decree.

Issue subpoena and subpoena duces tecum on any inquiry,

study, hearing, investigation or proceeding which it may decide to

undertake in the exercise of its functions powers and duties under this

Decree.

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.

Promulgate rules and regulations relevant to procedures governing

hearing 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 publication in a newspaper of

general circulation.

Issue and promulgate such rules and regulations as it may

deem necessary in the attainment of its objectives,

Perform such other acts as may be necessary or conducive to the

exercise of functions and powers and the discharge of its duties under

this Decree.

Section 12 Submission of Annual Reports.

SEC. 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.

SEC. 13. Commission Procedure.—All inquiries,

studies, hearings, investigations and proceedings conducted by the

Commission shall be governed by rules adopted by the Com-mission, and in

the conduct thereof the Commission shall not be bound by technical

rules of evidence: Provided, That the Commission may summarily

punish for contempt, by a fine not exceeding five hundred pesos

(P500.00) or, upon order of the Court 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 ether 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.

Section 14 Review of Commission's Decision or Order.

SEC. 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 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.

SEC. 15. Penalties.—(a) Any person who shall give

false or misleading data or information or 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.

Section 16 Domicile.

SEC. 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 Appropriations.

SEC. 17. Appropriations.—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.

SEC. 18. Separability Clause.—If any provision of

the Decree shall be held invalid, the remainder shall not be affected

thereby.

Section 19 Repealing Clause.

SEC. 19. Repealing Clause.—Any provision of law,

executive order, rule or regulation inconsistent with this Decree are

hereby repealed or modified accordingly.

Section 20 Effectivity.

SEC. 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.

(Sgd.)

FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.)

JACOBO C. CLAVE

Presidential Executive Assistant