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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1808
PRESIDENTIAL DECREE NO. 1808
- DIRECTING THE CANCELLATION OF AWARDS, CONTRACTS OF SALE, TITLES OF
LOTS WITHIN THE AGNO-LEVERIZA TENANT ASSOCIATION SUBDIVISION AND THE
RECONVEYANCE OF THE SAME TO THE GOVERNMENT UPON PAYMENT OF JUST
COMPENSATION AND ORDERING THE EXPROPRIATION OF VACANT LOTS ADJACENT
THERETO WHICH ARE COVERED BY TRANSFER CERTIFICATE OF TITLES NOS. 70406,
31713, 132081 AND 134314 ALL SITUATED AT MALATE, MANILA FOR UPGRADING
UNDER THE ZONAL IMPROVEMENT PROGRAM (ZIP) AND THE DISPOSAL OF LOTS
GENERATED THEREIN TO THEIR PRESENT BONA-FIDE OCCUPANTS AND OTHER
QUALIFIED SQUATTER FAMILIES AND AUTHORIZING THE APPROPRIATION OF FUNDS
FOR THE PURPOSE
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WHEREAS,
the government has adopted and implemented the announced policy that
slum improvement and resettlement, otherwise known as upgrading of
sites and services, is an accepted approach to meeting the housing
needs and the primary strategy in dealing with slums and other blighted
communities;chanroblesvirtualawlibrary
WHEREAS, under Proclamation No. 1976, portion of Lot 62 and Lot 76,
both of Block 573 of the Cadastral Survey of Manila which were
developed into the Agno-Leveriza Tenant Association (ALTA) Subdivision
by the City of Manila pursuant to Republic Act No. 4145, was identified
as depressed area for priority development (APD) under the Zonal
Improvement Program;chanroblesvirtualawlibrary
WHEREAS, Republic Act No. 4145 did not resolve the land tenure problem
in the area to the extent that non-resident awardees have to eject bona
fide residents in order to acquire physical possession of their awarded
lots, and an extensive displacement of structures of resident families
has to be undertaken to allow each awardee resident family to have
physical possession of the awarded lot; chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to resolve the land tenure problem in
the Agno-Leveriza area to allow the implementation of the comprehensive
development plans for this depressed community as provided under the
Zonal Improvement Program;chanroblesvirtualawlibrary
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:cralaw:red
Section 1. The National Housing Authority is
designated Administrator of the National Government and upon effecting
the refund as provided for in Section 3 hereof is hereby authorized and
directed to immediately take possession, control and disposition of the
above-described ALTA Subdivision and to develop it in accordance with
the provisions of the national SIR and Metro Manila ZIP Programs.
Section 2. The awards, conditional contracts to sell,
deeds of sale, and other contracts leading to the conveyance of lots
executed by virtue of Republic Act No. 4145 of the City of Manila are
hereby cancelled and revoked, and the corresponding Transfer
Certificates of Title and those derived therefrom and issued pursuant
thereto are hereby deemed cancelled, and the ownership of the lots
covered thereby reverted back to the Government, if the awardee,
purchaser or his successor-in-interest is a non-resident and,
therefore, not in actual physical possession of the lot so awarded or
sold.
Section 3. The National Housing Authority shall
refund to all lot awardees of the ALTA Subdivision who are still paying
installments to the City of Manila the amounts they have paid with
interest thereon at twelve percent (12%) per annum. The
awardee-claimant shall present to the NHA a certification from the City
Treasurer of Manila indicating the total amount paid by them including
land taxes. chanroblesvirtualawlibrary
The National Housing Authority shall pay those who have fully paid
their obligations to the City of Manila under their respective
contracts on or before the issuance of this Decree or their
successor-in-interest the just compensation of their lots in accordance
with PD No. 1533.
The National Housing Authority shall effect the refund or payment
directly or by depositing it with the Philippine National Bank.
The Philippine National Bank is hereby directed to accept the aforesaid
deposits in trust from the awardee/purchasers-claimants.
Section 4. The Register of Deeds of Manila is hereby
directed to cancel in its registry books the Transfer Certificates of
Title cancelled under Section 2 hereof and to issue in lieu thereof new
titles in the name of the Republic of the Philippines with the NHA as
the Administrator without the necessity of a court declaration.
Section 5. The National Housing Authority is also
directed to expropriate the vacant lots of private ownership adjoining
the said ALTA Subdivision which are covered by Transfer Certificate of
Titles Nos. 70406, 31710, 132081, and 134314, all situated at Malate,
Manila, having been identified as a blighted area and included not only
in the ZIP established under Metro Manila Executive Order No. 6-77
pursuant to LOI 555, as amended by LOI 686, but also as an Area for
Priority Development (APD) under Proclamation No. 1967.
Section 6. The National Housing Authority, as lead
agency in the implementation of ZIP, with the assistance of the Mayor
of Manila and in consultation with the Metro Manila Commission, shall
evolve, prepare and implement a comprehensive development plan which
shall consider the upgrading of existing dwelling units, the relocation
of qualified squatter families to a resettlement area nearby; and the
reblocking, rearrangement and realignment of existing dwelling and
other structures to allow for the introduction of basic facilities and
services, all in accordance with the provision of the national SIR and
Metro Manila ZIP Programs. The Authority shall maximize the land use of
the area and shall provide for a controlled, orderly and structured
growth of dwellings in an environment provided with adequate sanitary
and other physical facilities. The Authority shall also adopt rules and
regulations governing the disposition and award of lots in the area
consistent with the provisions of LOI's 555 and 557, as
amended. chanroblesvirtualawlibrary
Section 7. The development of the area shall be
undertaken by the National Housing Authority and other relevant
agencies according to the funding arrangements and design standards
agreed between the Government of the Philippines and the International
Bank for Reconstruction and Development as part of the Third Urban
Development Project. Funds invested in the project shall be properly
recovered according to the provisions of LOI's 555 and 557, as amended.
Land tenure shall be consistent with that defined by LOI 555, as
amended. The selling price of the land shall be fixed at a per square
meter cost established to recover the expropriation cost and such other
development costs which are chargeable to the beneficiaries as provided
by LOI 555, as amended or such other amount as deemed appropriate in
accordance with the cost recovery arrangements agreed with the IBRD
under the Third Urban Development Loan.
The provisions of Sections 6 and 7 shall govern the development and
disposition of Lot 21-B of Block 610 also in the Agno-Leveriza area.
Section 8. The amount required to finance the
components of the development plan shall be appropriated from funds
made available to the Authority as part of the Third Urban Development
Project. The Authority will undertake a one (1) year development
program for the project under the Zonal Improvement Program. Funds to
support the expropriation of the above property and to refund
installments payments by awardees shall similarly be made
available. chanroblesvirtualawlibrary
Section 9. The Ministry of the Budget shall make
available to the National Housing Authority all appropriations
according to the provisions of the program to be evolved and
implemented by the Authority for the area.
Section 10. The amounts appropriated under this
Decree are to be recovered from the beneficiaries of the development
project in accordance with LOI 555, as amended. In consideration of the
disposition and grant of benefits under this decree, payment by
beneficiaries shall be made religiously and after a grace period of
three (3) months, failure to pay or update dues and/or amortizations
shall cause the summary ejection by the Authority of the violators from
the lots allotted them without the need of a court order and will not
subject its duly authorized representatives to any civil or criminal
liability. Furthermore, the ejected beneficiary shall be treated as a
mere squatter on the premises with all the force of law applied upon
him and with no further right to the benefits of this Decree. This
provision shall be embodied in the agreement between the Authority and
the beneficiaries.
Section 11. The decisions, rulings, orders or
resolutions of the Authority relative to the disposition of the lots or
dwelling units or such rights acquired hereunder, or the ejection of
delinquent beneficiaries cannot be the subject of judicial review and
shall be final, unless appealed to the Office of the President within
thirty (30) days from receipt of such decisions. Rulings, orders or
resolutions if within sixty (60) days from notice of appeal the said
office has not reversed nor modified the same, shall be deemed
affirmed.
Section 12. This Decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 16th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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