EXECUTIVE ORDER NO. 461
EXECUTIVE ORDER NO. 461 - DEVOLVING
CERTAIN POWERS AND FUNCTIONS OF THE HOUSING AND LAND USE REGULATORY
BOARD AND THE NATIONAL HOUSING AUTHORITY TO THE AUTONOMOUS REGIONAL
GOVERNMENT OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AND FOR OTHER
PURPOSES
WHEREAS,
Sec. 3, Article V of Republic Act No. 6734 provides that the
Autonomous Regional Government in the Autonomous Region in Muslim
Mindanao may exercise the power of eminent domain;
WHEREAS, Section 1, Article XII of the same Act further provides that
“The Regional Government shall promote and formulate comprehensive and
integrated regional urban and rural development policies, plans,
programs, and projects responsive to the needs, aspirations and values
of the people within the Region”;
WHEREAS, Sec. 4, Article XII of the same Act likewise provides that
“Consistent with the Constitution and national policies, and subject to
ecological considerations, the Autonomous Regional Government shall
adopt and implement a comprehensive urban land reform and land use
program, to ensure the just utilization of lands within its
jurisdiction;
WHEREAS, the Oversight Committee created under said Act has identified
the functions and powers exercised by the Housing and Land Use
Regulatory Board and the National Housing Authority in the Autonomous
Region in Muslim Mindanao that may be transferred immediately;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. The Autonomous Regional Government (ARG)
shall assume the following functions of the Housing and Land Use
Regulatory Board (HLURB) within the Autonomous Region in Manila
Mindanao (ARMM):
a.
Ensure compliance with policies, plans standards and guidelines on
human settlements;
b. 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;
c. 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 and private entities as it may deem proper;
d. Issuance of
permits and licenses for projects within the ARMM except for national
inter-regional plans;
e. Conduct
public hearing relating to its functions:
f. Issue
orders after conducting the appropriate investigation for the cessation
or closure of any use of activity and to issue orders to vacate or
demolish any building or structure that it determines to have violated
or failed to comply with any laws, presidential decrees, letter of
instructions, executive orders and other issuances and directives,
either on its own motion or upon complaint of any interested party;
g. Promulgate
zoning standards and other land use control standards and guidelines
for the region in accordance with national standards and policies,
which shall govern land use plans and zoning ordinances of local
government; the zoning components of civil works and infrastructure
projects of the national, regional and local governments; subdivision
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 to be promulgated
hereunder shall respect the classification of public lands for forest
purposes as certified by the Department of Environment and Natural
Resources;
h.
Issue rules and regulations, taking into account the peculiarities of
the ARMM, to enforce the land use policies and human settlements:
Provided, That the same do not contravene with national policies, rules
and regulations already enforced at the national level;
i. Review,
evaluate and approve or disapprove comprehensive land use development
plans and zoning components of civil works and infrastructure projects
of local governments (municipal and provincial), subdivisions,
condominiums or estate development projects including industrial
estates, of both the public and private sectors and urban renewal
plans, programs and projects with the ARMM: Provided, That the general
welfare is not contravened; and
j. Perform
such other functions and activities which are necessary for the
effective accomplishment of the above- mentioned functions.
The HLURB shall continue to exercise jurisdiction over disputes
requiring quasi- judicial settlement or adjudication without prejudice
to the passage of a regional law to this effect.
Sec. 2. The Autonomous Regional Government (ARG)
shall assume the following powers and functions of the National Housing
Authority (NHA) within the ARMM:
a.
Develop and implement a comprehensive and integrated housing program;
b. Formulate
and enforce general and specific policies for housing development and
resettlement;
c. Prescribe
guidelines and standards for the reservation, conservation and
utilization of public lands identified for housing and resettlement;
d. Develop and
undertake housing development and/or resettlement projects through
joint ventures or other arrangements with public and private entities;
e. Prescribe
and enforce guidelines, standards and rules in the manner provided for
in such rules and regulations promulgated and adopted by the NHA
designed to protect home and lot buyers through the regulation of the
real estate trade and business;
f. Regulate
the relationship between the owners and lessees of residential
properties in conformity with such rules and regulations as may be
promulgated;
g. Invest its
funds in bonds and securities issued and guaranteed by the government
or by the Central Bank;
h. Receive
donations, grants and bequests and utilize the same for the attainment
of its objectives. Such donations and grants shall be exempt from
payment of transfer taxes and be fully deductible from the gross income
of the donor for income tax purposes; and
i. Perform
such other acts consistent with this Executive Order, as may be
necessary to effect the policies and objectives declared.
Subject to national policies the
following functions of the NHA are likewise transferred to the ARG:
a.
Issue bonds or contract loans, credits or indebtedness, including
supplier’s credit or any deferred payment arrangements with any person
or entity, domestic or foreign, for the implementation of its housing
programs.
b. Discharge
all responsibilities of the ARG as may arise from treaties, agreements,
and other commitments on housing and resettlement to which it is a
signatory, including the determination of forms and assistance for
housing development of forms and assistance for housing development or
bilateral assistance programs.
Sec. 3. The HLURB and the NHA shall provide
technical assistance to the ARG for the development of the ARG’s
organizational capability to undertake its own housing program.
Sec. 4. The Autonomous Regional Government, in the
exercise of the powers devolved in this Executive Order, may formulate
its own standards: Provided, That in the formulation of regional
standards it shall adhere to the pertinent national laws and standards
as a minimum requirement.
Sec. 5. If, any reason, any part or provision of
this Executive Order shall be held unconstitutional or declared
contrary to law, other parts or provisions hereof which are affected
thereby shall continue to be in full force and effect.
Sec. 6. This Executive Order shall take effect
fifteen (15) days after publication in a national newspaper of general
circulation and one (1) local newspaper of general circulation in the
ARMM.
DONE in the City of Manila,
this 17th day of May, in the year of Our Lord, nineteen hundred and
ninety-one.
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Since 19.07.98.