Transfer of Functions and Assets.
SEC. 25. Transfer of Functions and Assets. - The HUDCC and the HLURB are hereby consolidated and reconstituted as the Department and HSAC, respectively.
The following functions of the HLURB are hereby transferred as stipulated hereunder:
(a) The land use planning and monitoring function, including the imposition of penalties for noncompliance to ensure that LGUs will follow the planning guidelines and implement their CLUPs and zoning ordinances shall be transferred to the Department;
(b) The regulatory function, including the formulation, promulgation, and enforcement of rules, standards and guidelines over subdivisions, condominiums and similar real estate developments are hereby transferred to the Department;
(c) The registration, regulation and supervision of HOAs are hereby transferred to the Department; and
(d) The adjudicatory mandate is hereby transferred to the Commission.
The Department shall, by virtue of this Act, be subrogated to all rights and assume all the liabilities of the HUDCC and HLURB, except those that may hereafter be transferred to or absorbed by the Commission.
Transition Period.
SEC. 26. Transition Period. - All transfer of functions, assets, funds, personnel, equipment, properties, transactions, and personnel in the affected national government agencies and the formulation and implementation of the internal organic structures, staffing patterns, operations systems, and revised budgets of the Department and the Commission, shall be completed within six (6) months from the effectivity of this Act, during which existing personnel shall continue to assume their posts in holdover capacities until new appointments are issued. Accordingly, all applications for permits and licenses, and cases pending with HLURB upon the effectivity of this Act and filed during the transition period shall continue to be acted upon by the incumbents until the rules and regulations as provided under this Act shall have been in force.
Transfer of Assets and Obligations.
SEC. 27. Transfer of Assets and Obligations. - The following dispositive actions shall be implemented within six (6) months from the" effectivity of this Act:
(a) The assets, equipment, funds, records, and pertinent transactions of HUDCC and HLURB shall be transferred to the Department and the Commission; and
(b) The Department and the Commission shall cause the creation of additional positions and augment their budget appropriations, as may be necessary.
Absorption or Separation from Service of Employees of the Consolidated Agencies.
SEC. 28. Absorption or Separation from Service of Employees of the Consolidated Agencies. - The existing employees of HUDCC and HLURB shall enjoy security of tenure and shall be absorbed by the Department or the HSAC, in accordance with their staffing patterns and the selection process as prescribed under Republic Act No. 6656, otherwise known as the "Government Reorganization Law".
Employees opting to be separated from the service as a consequence of the consolidation and reconstitution under the provisions of this Act shall, within one (1) month from their separation or phase out from the service, receive separation benefits in accordance with existing laws. In addition, those who are qualified to retire shall be allowed to' retire and be entitled to all benefits provided, under any of the existing retirement laws.
Implementing Rules and Regulations.
SEC. 29. Implementing Rules and Regulations. - The HUDCC, HLURB, DBM and Civil Service Commission, in coordination with NHA, SHFC, NHMFC, HDMF and other concerned agencies, shall prepare and issue the Implementing Rules and Regulations (IRR) of the Department within ninety (90) days upon the effectivity of this Act.
Implementing Authority.
SEC. 30. Implementing Authority. - The HUDCC Chairperson is hereby authorized to undertake the implementation of the provisions of this Act and implement the necessary organizational changes within the specified six (6)-month transition period or until a Department Secretary has been appointed and has assumed office.
Appropriations.
SEC. 31. Appropriations. - The amount necessary for the initial implementation of the provisions of this Act shall be charged against the current year's appropriations of the HUDCC and HLURB. Thereafter, such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act. The Department shall include in its proposed budget the necessary amount to enable it to achieve its mandate of providing adequate and affordable housing to all Filipinos.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
