Presidential Decree No. 933 (PD 933) — Creating the Human Settlements Commission
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Separability Clause.
SEC. 18. Separability Clause.—If any provision of
the Decree shall be held invalid, the remainder shall not be affected
thereby.
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.
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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
