EXECUTIVE ORDER NO. 648
EXECUTIVE ORDER NO. 648 -
REORGANIZING THE HUMAN SETTLEMENTS REGULATORY COMMISSION
WHEREAS, it is the national policy
to promote innovative land development and land use control measures as
a technology for building communities;
WHEREAS, it is necessary to provide full support to the government’s
policies and programs on Human Settlements through effective land use
and development control measures by strengthening the regulatory arm of
the Ministry of Human Settlements;
WHEREAS, under Presidential Decree No. 1416, the President is empowered
to undertake such organizational and related improvements as may be
appropriate in the Light of Changing Circumstances and New
Developments.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution and the
Authority vested in me by the Presidential Decree No. 1416, do hereby
order and ordain:
ARTICLE
I
TITLE
Section 1. Title. — This shall be known as the
Chapter of the Human Settlements Regulatory Commission.
ARTICLE
II
DECLARATION OF POLICIES
Sec. 2. Declaration of Policies and Objectives. —
It is hereby declared to be the policy of the state to implement an
integrated program of land use control for the entire country in
accordance with the following objectives:
a.
To foster the growth and renewal of our Urban and Rural communities in
an integrative manner that promotes optimum land use, adequate shelter,
and environmental protection/all these/towards the development of man
as a total human being.
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 enforce,
implement, coordinate, streamline, improve and optimize land use
policies and regulations on human settlements, including the
implementation and enforcement of the regulatory aspect of the Urban
Land Reform Program, the Subdivision and Condominium Buyer’s Protective
Decree, Land Value and Building Rental regulations and other related
laws.
ARTICLE
III
DEFINITIONS
Sec. 3. Definitions. — For the purpose of this
Order and the rules and regulations promulgated thereunder, the terms
of words used herein shall, unless the context indicates otherwise,
mean or be understood to mean as follows:
a)
“Commission” means the Human Settlements Regulatory Commission.
b) “Commission
proper” refers to the Commissioners of the Commission appointed by the
President and its ex-officio members provided for in section 6 of this
Order.
c) “Function”
includes powers and duties.
ARTICLE
IV
ESTABLISHMENT, CONSTITUTION,
POWERS, DUTIES
Sec. 4. Creation of the Human Settlements
Regulatory Commission. —
a) There is hereby established a Human Settlements
Regulatory Commission, hereinafter referred to as the Commission, with
powers and attributes of a quasi-judicial body which shall be attached
to the Ministry of Human Settlements.
Sec. 5. Powers and Duties of the Commission. —
a) Promulgate zoning and other land use control
standards and guidelines which shall govern land use plans and zoning
ordinances of local governments; the zoning components of civil works
and infrastructure projects of the national, regional and local
governments; sub-division or estate development projects of both the
public and private sectors; and urban renewal plans, programs and
projects: provided that the zoning and other land use control standards
and guidelines to be promulgated hereunder shall respect the
classification of public lands for forest purposes as certified by the
Ministry of Natural Resources.
b) Review, evaluate and approve or disapprove
comprehensive land use development plans and zoning ordinances of local
government; and the zoning component of civil works and infrastructure
projects of national, regional and local governments; subdivisions,
condominiums or estate development projects including industrial
estates, of both the public and private sectors and urban renewal
plans, programs and projects: Provided, that the land use Development
Plans and Zoning Ordinances of Local Governments herein subject to
review, evaluation and approval of the commission shall respect the
classification of public lands for forest purposes as certified by the
Ministry of Natural Resources: Provided, further, that the
classification of specific alienable and disposable lands by the Bureau
of Lands shall be in accordance with the relevant zoning ordinance of
Local government where it exists: and provided, finally, that in cities
and municipalities where there are as yet no zoning ordinances, the
Bureau of Lands may dispose of specific alienable and disposable lands
in accordance with its own classification scheme subject to the
condition that the classification of these lands may be subsequently
change by the local governments in accordance with their particular
zoning ordinances which may be promulgated later.
c) Issue rules and regulations to enforce the land
use policies and human settlements as provided for in Presidential
Decrees No. 399, 815, 933, 957, 1216, 1344, 1396, 1517, Letter of
Instructions No. 713, 729, 833, 935 and other related laws regulating
the use of land including the regulatory aspects of the Urban Land
Reform Act and all decrees relating to regulation of the value of land
and improvements, and their rental.
d) Ensure compliance with policies, plans, standards
and guidelines on human settlements promulgated in paragraph (a) of
this section.
e) Conduct public hearings relating to its
functions.
f) Act as the appellate body on decisions and actions
of local and regional planning and zoning bodies and of the deputized
officials of the Commission, on matters arising from the performance of
these functions.
g) Promote, encourage, coordinate and assist private
enterprises and government agencies and instrumentalities in planning,
developing and coordinating human settlements plans and programs by
furnishing legal, technical and professional assistance.
h) Develop and implement prototype projects
supportive of its regulatory functions either by itself or as part of
an inter-agency group or by contract with such appropriate public or
private entities as it may deem proper.
i) Call on any government employee or any department,
bureau, office, agency or instrumentality of the government or private
entities and organizations for cooperation and assistance in the
exercise of its functions.
j) Adopt rules of procedures for the conduct of its
business.
k) Staff its organization with appropriate and
qualified personnel in accordance with that is deemed proper or
necessary to achieve the objectives of the Commission.
l) Make or enter into contracts of any kind of nature
to enable it to discharge its functions under this Order.
m) Acquire, purchase, own, lease, mortgage, sell or
otherwise dispose of any land, or any improvements thereon, or property
of any kind, movable and immovable, exercise the right of eminent
domain by expropriating the land improvements thereon, which in the
opinion of the Commission, are vital and necessary to develop and
implement prototype projects supportive of its regulatory functions.
n) Charge and collect fees in the performance of its
functions.
o) Impose administrative fine not exceeding
Twenty-Thousand Pesos (P20,000.00) for any violation of its charter and
of its rules and regulations.
p) Issue orders after conducting the appropriate
investigation for the cessation or closure of any use or activity and
to issue orders to vacate or demolish any building or structure that is
determines to have violated or failed to comply with any of the laws,
presidential decrees, letters of instructions, executive orders and
other presidential issuances and directives being implemented by it,
either on its own motion or upon complaint of any interested party.
q) Cite and declare any person, entity or enterprise
in contempt of the Commission in the following case:
1)
Whenever any person entity or enterprise commits any disorderly or
disrespectful conduct before the Commission or in the presence of its
members or authorized representatives actually engaged in the exercise
of their official functions or during the conduct of any hearing or
official inquiry by the said Commission, at the place or near the
premises where such hearing or proceeding is being conducted with
obstruct, distract, interfere or in any other way disturb, the
performance of such functions or the conduct of such hearing or
proceeding;
2) Whenever
any person, enterprise or entity fails or refuses to comply with or
obey without justifiable reason, any lawful order, decision, writ or
process of the Commission. In connection therewith, it may in cases
falling within the first paragraph hereof, summarily impose a fine of
an amount not exceeding P2,000.00 and order the confinement of the
violator for a period that shall not exceed the duration of the hearing
or proceeding or the performance of such functions, and in cases
falling within the second paragraph, hereof, it may, in addition to the
administrative fine abovementioned, impose a fine of P500.00 for each
day that the violation or failure or refusal to comply continues, and
order the confinement of the offender until the order or decision shall
have been complied with;
In case the offender is a
partnership, corporation or association or enterprise, the above fine
shall be imposed on the assets of such entity and the president,
managing partner or chief executive officer shall be ordered confined.
r) Perform such other functions and activities which
are necessary for the effective accomplishment of the abovementioned
functions.
No injunction or restraining order shall lie against the Commission
upon the ex parte motion or petition filed by any person or entity in
the exercise by the Commission of its regulatory functions in support
of the implementation of the Urban Land Reform Program as declared in
Proclamation Nos. 1893 and 1967 and of other programs or projects as
may be declared by the president as national priority.
Decisions of the Commission shall be appealable to the President of the
Philippines whose decision shall be final subject only to review by the
Supreme Court by certiorari or on questions of law.
Sec. 6. Commission Proper. —
a) Composition
The powers of the Commission shall be vested in a nine-man commission
hereinafter referred to as the Commission Proper which shall consist of
the following members:
(i)
The Minister of Human Settlements or in his absence the Deputy
Minister, who shall act as Chairman.
(ii) Four
full-time Commissioners to be appointed by the President, one as the
chief executive officer, and three who shall be assigned specific
functions by the Commission Proper;
(iii) The
Deputy Minister of Justice;
(iv) The
Deputy Director-General of the National Economic & Development
Authority;
(v) The Deputy
Minister of Local Government and Community Development; and
(vi) The
Deputy Minister of Public Works, as members.
The four full-time Commissioners and the Deputy Minister of Justice are
hereby constituted as the Executive Committee of the Commission, and
said committee shall act for and in behalf of the Commission Proper
subject to the ratification of the latter.
Where a Ministry has more than one Deputy Minister. The Minister shall
designate which Deputy Minister shall be a member of the
Commission.
The Commission Proper shall maintain its secretary who shall be a
lawyer, to be appointed by the Chairman upon recommendation of the
chief executive officer. He shall have the same rank, salary and
privileges as the directors of the Commission.
(b) Qualification and Tenure
Three of the full-time Commissioners shall be lawyers, while the other
full-time Commissioner shall have a background or experience in
planning, management or architecture or related fields. These
Commissioners shall at least have been engaged in the practice of their
respective professions or specialization or employed in an appropriate
office for a period at least five (5) years. All the full-time
Commissioners shall be appointed by the President for a term of six
years each: Provided, however, that in the initial appointments, the
chief executive officer shall have a term of six years, while the three
others shall have terms of five years, four years and two years
respectively, as fixed in their respective appointments.
c) Salary and Privileges
The full-time Commissioners shall receive such salary and enjoy the
privileges in accordance with existing laws. The ex-officio
Commissioners shall be entitled to receive such honoraria and per diems
as may be determined by the Commission Proper in accordance with
existing laws and regulations.
Sec. 7. Duties and Responsibilities of the Chief
Executive Officer. — The Chief Executive Officer shall have the
following duties and responsibilities.
a)
To execute and/or administer the policies and measures approved by the
Commission Proper.
b) To appoint
and maintain an adequate technical, legal and administrative staff;
subject to the approval of the Commission Proper after the initial
organization of the Commission. The Commission Proper may delegate this
appointing power to the Chief Executive Officer.
c) To direct,
manage and supervise the day-to-day operations and internal
administration of the Commission in accordance with the policies laid
down by the Commission Proper.
d) To
establish the internal organization of the Commission subject to the
approval of the Commission Proper.
e) To prepare
the agenda for the meetings of the commission proper.
f) To submit,
for the consideration of the Commission Proper the policies and
measures which he believes necessary to carry out the purposes and
provisions of this order.
g) To enter
into contracts or agreements pursuant to policies or guidelines set by
the Commission.
h) To
represent the Commission in all dealing with other offices, agencies,
and instrumentalities of the government, persons and entities, public
or private, domestic, foreign or international, unless the chairman
provides otherwise;
i) To
represent the Commission, either personally or through counsel, in any
legal proceedings or actions;
j) To exercise
such other duties and responsibilities as may be vested in or assigned
to him by the Commission Proper.
Decisions of the Chief Executive Officer shall be appealable to the
Commission Proper.
The Chief Executive Officer may delegate any of his administrative
responsibilities to other officials or employees of the Commission
subject to the approval of the Commission Proper.
ARTICLE
V
GENERAL PROVISIONS
Sec. 8. Transfer of Functions. — The regulatory
functions of the National Housing Authority pursuant to Presidential
Decrees No. 957, 1216, 1344 and other related laws are hereby
transferred to the Commission, together with such applicable personnel,
appropriation, records, equipment and property necessary for the
enforcement and implementation of such functions. Among these
regulatory functions are: 1) Regulation of the real estate trade and
business; 2) Registration of subdivision lots and condominium projects;
(3) Issuance of license to sell subdivision lots and condominium units
in the registered units; (4) Approval of performance bond and the
suspension of license to sell; (5) Registration of dealers, brokers and
salesman engaged in the business of selling subdivision lots or
condominium units; (6) Revocation of registration of dealers, brokers
and salesmen; (7) Approval or mortgage on any subdivision lot or
condominium unit made by the owner of developer; (8) Granting of
permits for the alteration of plans and the extension of period for
completion of subdivision or condominium projects; (9) Approval of the
conversion to other purposes of roads and open spaces found within the
project which have been donated to the city or municipality concerned;
(10) Regulation of the relationship between lessors and lessees; and
(11) Hear and decide cases on unsound real estate business practices;
claims involving refund filed against project owners, developers,
dealers, brokers or salesmen and cases of specific performance.
Sec. 9. Income. — Authority is hereby vested on
the Commission to directly utilize income generated from fees, fines,
charges and other collections in the performance of its functions to
defray operating expenses and provide allowances for its personnel.
Sec. 10. Professional and Technical Personnel. —
The professional and technical personnel of the Commission shall be
exempt from the wage and position classification of the Office of
Compensation and Position Classification.
Sec. 11. Administrative Fines. — The Commission
may prescribe and impose fines not exceeding ten thousand pesos for
violations of the provisions of this executive order or of any rule or
regulations thereunder. Fines shall be payable to the Commission and
enforceable through writs of execution in accordance with the
provisions of the rules of court. This fines shall be in addition to
such other administrative sanctions as the Commission may impose.
Sec. 12. Penalties. — Any person who shall violate
any of the provisions of this executive order and/or any rule or
regulation that may be issued pursuant to this decree shall, upon
conviction by the appropriate court, be punished by a fine of not more
than twenty thousand (P20,000.00) pesos and/or imprisonment of
prision correccional: Provided, that in the case of corporations,
partnership, cooperatives or associations, the president, manager or
administrator or the person who has charge of the administration of the
business shall be criminally responsible for any violation of this
decree and/or the rules and regulations promulgated pursuant thereto.
Sec. 13. Repealing Clause. — The provisions of
Presidential Decree No. 933, P.D. No. 757 and P.D. No. 957 and all
other laws, Presidential Decrees, Letter of Implementation and
Executive Order inconsistent herewith are hereby repealed or modified
accordingly.
Sec. 14. Separability Clause. — In case this Order
or any part thereof is found to be unconstitutional or invalid for any
reason the remainder thereof not affected by declaration of invalidity
shall remain in force and in effect.
Sec. 15. Effectivity. — This Executive Order shall
take effect immediately.
Done in the City of Manila,
this 7th day of February, in the year of Our Lord, nineteen hundred and
eighty one.
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