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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 686 |
Public Works
Department of Public Highways
National Housing Authority
All local governments and the Department of Local
Governments and Community
Development
The Philippine National Bank and all government
banks
The Budget Commission
Local Water Utilities Administration
National Electrification Administration
Human Settlements Commission
Department of Education and Culture
Department of Health
Department of Finance
Government Service Insurance System
Social Security System
Armed Forces of the Philippines and Police
Authorities
SUBJECT : Implementation of the Slum Improvement and Resettlement (SIR) Program as provide under Letter of Instructions No. 555 dated 11 June 1977
Recognizing that in order to facilitate the implementation of the Slum Improvement and Resettlement (SIR) Program as provided under Letters of Instructions No. 555 dated 11 June 1977 and maximize the benefits of resident families of the Project Area under the program, it is necessary to:
A.
Redefine the participation of national and local government agencies in
the Program;
B. Define more
specifically the components of the total project costs which can
reasonable be charged to beneficiaries;
C. Provide an
equitable basis for the interest charges that may be imposed on
borrowings of both the local governments and beneficiaries;
D. Prescribe a
more flexible land tenure system applicable to project areas; and
E. Ensure the
flow of adequate funds to insure completion of specific projects and
afford continuity to the Program as a whole.
It is hereby directed that:
1. In the
interpretation of the provisions of LOI 555 pertaining to the
participation of national and local agencies and the allocation of
cost, the following shall be used as guidelines:
a)
National government agencies participating in the SIR Program shall
provide funds and make available technical assistance and undertake
construction only for such components of projects under the program
which normally fall under their functional responsibilities.
b) The local
government undertaking the project shall provide funds for, and plan
and implement through their Slum Improvement and Resettlement (SIR)
staff such components of the project that are normally the
responsibility of the city or municipal governments.
c) Project
beneficiaries shall be charged and pay, in addition, to the cost of the
land, the cost incurred in providing them such services and facilities
designed and intended mainly for their use or benefit excepting those
normally provided by either national agencies or the local government
and less whatever revenues that can be generated from other components
of the project.
3. The National Housing Authority shall, upon the request of the local government, expropriate or otherwise acquire land for the project and shall in turn dispose of this land to the local government, at cost plus a fee to cover mobilization, administrative and/or borrowing expenses.
4. The National Housing Authority, in providing financing assistance to local governments for and acquisition and project planning and development or to national agencies as advances, or to project beneficiaries as loans, may charge an interest rate equivalent to the cost of obtaining the funds plus administrative, maintenance and mobilization cost of such funds. These interests may be chargeable as part of the project cost to the project beneficiaries. In no case however, shall interest rates exceed 12% per annum.
5. In general, the land tenure for projects under the SIR Program shall be leasehold with option-to-purchase. Project beneficiaries, at their option, may purchase the land after a period of continued and uninterrupted occupancy and faithful and complete compliance of lease rules and regulations as may be agreed upon between the National Housing Authority and local government. In no case however, shall this period exceed 5 years.
a)
The price at which land shall be sold to
beneficiaries shall consist of: i) the cost of acquisition by the
government, if previously owned privately, or its market or assessed
value, whichever is lower, if government owned; ii) the cost of
providing the services and facilities and, wherever applicable the cost
of reclamation less whatever revenue can be granted from other project
components or other sources and applied to the project and iii) the
interest charges as provided under Paragraph 4 of this Letter of
Instructions. These costs shall be those allocable to the residential
areas of the project as provided in Paragraph 1 above.
b) The total
price of the land shall be amortized for a minimum period of 25 years,
provided that, the local government in consultation and with the
approval of the National Housing Authority may adopt other amortization
schemes. Upon option to purchase, the title of the land shall be issued
to the beneficiary subject to a lien in the form of a mortgage to cover
whatever balances of the costs as determined in a) above are still
unpaid, and such land shall thereafter be held under freehold with
restrictions.
c) The cost
of the land and other allocated costs as proposed by the local
government and approved by the Authority may be excluded in the
computation of lease payment in consideration of the beneficiary's
capacity-to-pay provided that when the beneficiary exercises his option
to purchase, these costs and interest charges accrued on them are added
to the total costs to constitute the purchase price as determined in a)
above.
d)
Restrictions applicable on freehold title shall be prepared by the
local government and approved by the Authority considering the thrust
of the program to the low-income groups and these restrictions shall be
annotated at the back of evidences of ownership.
e) Should
there be any lot which are titled or with vested rights such as Deed of
Sale, Agreements to Sell which may recognized by the Authority, and the
local government and these titles or vested rights are not superseded
in the acquisition of the project area when they may be likewise held
under freehold with restriction provided that they pay all allocable
costs under this Section excepting the cost of the land.
The following additional government agencies are to participate in the Slum Improvement Resettlement (SIR) Programs:
a)
The Armed Forces of the Philippines and the
Integrated Police Force, to provide assistance in the eviction and
ejectment of families within the project area which are not qualified
for benefits under the program, or if qualified, have violated the
rules and regulations of its implementation;
b) The
Philippine National Bank and all other government banks, to provide
financial services including the collection, accounting and remittance
of lease-rentals and amortizations as envisioned by Letter of
Instructions No. 555;
c) The
Department of Education and Culture, to staff schools and implement
educational programs for the project area;
d) The
Department of Health in the institution and the implementation of
health programs for the project area;
e) The
National Electrification Administration in the financing of electrical
facilities for the project sites and technical assistance for the same.
8.
To facilitate program and project coordination,
clearances required under various laws and ordinances and obtained by
the National Housing Authority, as lead agency, particularly for aerial
photographs, shall be applicable for all housing sites and projects
coordinated by that agency.
9. The
National Housing Authority may finance the requirement of the Slum
Improvement Resettlement (SIR) Program through bonds, borrowings or
other sources it may see fit under Presidential Decree No. 757. The
interest cost and terms of repayment of these may be determined as
prescribed by Presidential Decree No. 757.
10. The
provisions of Letter of Instructions No. 555 to the extent that they
are not consistent with the principles, guidelines and provisions of
this Letter of Instructions are hereby amended.
DONE in the City of Manila, this 2nd day of April, in the year of Our Lord, nineteen hundred and seventy-eight.
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