ORDINANCE NO: 2017-383 Co-Sponsors: Committee On Human Rights Urban & Rural Poor; and Committee On Infrastructure, Public Bidding & Community Development "AN ORDINANCE MODIFYING THE SUBSTANCE OF CITY ORDINANCE NO. 2017-383 KNOWN AS "AN ORDINANCE CREATING THE PAGADIAN CITY HOUSING BOARD AND PROVIDING A COMPREHENSIVE AND CONTINUING DEVELOPMENT PROGRAM FOR THE CONSTITUENTS OF PAGADIAN CITY" WHEREAS, the proliferation of informal dwellers in this city has tremendously increased over the years, thus, resulting to a dire need to formulate policies in addressing this social concern arising within the housing sector; WHEREAS,?Section 10 under Article XIII of the 1987 Constitution provides that "Urban and rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be located"; WHEREAS, pursuant to the above-mentioned constitutional mandate, Section 28 of Republic Act No. 7279 or the Urban Development and Housing Act (UDHA) of 1992 prescribes the instances where evictions may be undertaken as well as imposes certain requirements that must be met for an eviction involving homeless and underprivileged citizen to become valid; WHEREAS, the designation of the Presidential Commission for the Urban Poor (PCUP) as the sole clearing house for the conduct of demolition and eviction activities involving the homeless and underprivileged citizens as provided for under Executive Order No. 152, series of 2001, has now been devolved to the Local Government Units (LGUs) having territorial jurisdiction over the proposed demolition and eviction activities of government agencies pursuant to Executive Order No. 708, series of 2008, such that, on this context, it is now incumbent upon the City Government of Pagadian to constitute and create a board that shall be tasked to ensure compliance to the mandated processes on eviction, demolition and relocation of informal settlers; NOW, THEREFORE, the Sangguniang Panlungsod of the City of Pagadian in session assembled do ordain, as it hereby ordains that: SECTION 1. TITLE. - This Ordinance shall be known as "An Ordinance Creating the Pagadian City Housing Board and Providing a Comprehensive and Continuing Development Program for the Constituents of Pagadian City." SECTION 2.?CREATION AND COMPOSITION. - There shall be created the Pagadian City Housing Board that shall be composed of the following: Chairperson: The Mayor Vice Chairperson: To be appointed by the City Mayor Secretariat/Action Officer: The City Planning & Development Coordinator Members: 1) Chairperson of the Sangguniang Panlungsod Committee on Urban Poor; 2) The City Legal Officer; 3) The City Social Welfare and Development Officer; 4) The City Assessor; 5) The City Building Official; 6) The City Engineer; 7) The President, Liga ng mga Barangay Federation (LnB President); 8) One (1) representative from the Presidential Commission for the Urban Poor; 9) Federated President from the Urban Poor Association accredited by the Sangguniang Panlungsod; 10) One (1) representative of a duly accredited People's Organization (PO) to be appointed by the City Mayor; 11) One (1) representative of a duly accredited Non-Government Organization to be appointed by the City Mayor; 12) The President from Urban Poor Development Council; 13) The President, Pagadian City Chamber of Commerce; 14) The Chief of Police, Philippine National Police (PNP); 15) The Manager, National Housing Authority (NHA); and 16) The District Engineer, Department of Public Works and Highways. SECTION 3. THE PAGADIAN CITY HOUSING BOARD; ITS POWERS AND FUNCTIONS. - The PCHB shall have the following responsibilities, powers, duties and functions pursuant to Section 1 of Executive Order No. 708, series of 2008, to wit: a) Monitor all evictions and demolitions, whether extra-judicial or court-ordered, involving homeless and underprivileged citizens; b) Ensure that compliance and adherence to the required course of action prior to the actual implementation of any and all demolition and relocation activities and submit a sworn formal report of the substantial compliance of the mandated processes to the Presidential Commission for the Urban Poor. Such document shall include among others the following information: 1) Mandatory consultations with the affected families; 2) Availability of adequate resettlement site; and 3) Compliance to Section 3, paragraph 1 of the Implementing Rules and Regulations of Section 28 of RA 7279 (Pre-Relocation). c) Investigate motu propio or upon complaint by any party, any violation of the provisions of Section 28 of RA 7279 or its implementing rules and regulations, which states: "Section 28. Eviction and Demolition. - Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations: a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; b) When government infrastructure projects with available funding are about to be implemented; or c) When there is a court order for eviction and demolition. In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory: 1) Notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction or demolition; 2) Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated; 3) Presence of local government officials or their representatives during eviction or demolition; 4) Proper identification of all persons taking part in the demolition; 5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise; 6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials; 7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and 8) Adequate relocation, whether temporary or permanent: Provided, however, that in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the national Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned." d) File motu propio or by way of assistance to any aggrieved party, the appropriate criminal, civil or administrative case against any person or persons found to have violated the provisions of Section 28 of RA 7279 or its implementing rules and regulations; e) Request any government agency for assistance and necessary information in the discharge of their respective functions under this Order; f) Publicize matters covered by its investigation of violations of the provisions of Section 28 of RA 7279 or its implementing rules and regulations, when circumstances so warrant and with due prudence; g) Issue subpoena and sub poena duces tecum, and take the testimonies of witnesses in the course of its investigation; h) Adopt its own operational guidelines and rules of procedures, as well as rules and regulations not otherwise inconsistent with existing laws, rules and regulations, to effectively carry out its mandate; and i) Advise the City Mayor on matters of sourcing of funds for socialized housing. For this purpose, the Board may recommend the following schemes for funding socialized housing projects: 1) Build-operate-transfer and other related schemes; 2) Bond floatation and other credit financing arrangements; 3) Availment of foreign or local grants for which the Board is authorized by this Ordinance to receive foreign and local grants, which shall be remitted to the City Treasury, and shall be credited to the socialized housing account of the City Government of Pagadian; 4) Loan packages from government financing or lending institutions; 5) Joint venture projects with private sector groups or developers; and 6) Pooling of resources with other LGUs, the private sector, NGOs and POs; and j) Perform such other functions as may hereafter be provided by law or executive issuance. SECTION 4. MEETINGS AND QUORUM OF THE PAGADIAN CITY HOUSING BOARD AND THE COMMITTEES. - The Pagadian City Housing Board shall regularly meet once every quarter. Special meetings may be held whenever necessary upon the formal call of the Chair. The presence of a majority of its members shall constitute a quorum. Each working committee shall meet at least once every quarter or as the need arises. SECTION 5. THE ACTION OFFICER AND ITS FUNCTIONS. - The City Planning and Development Coordinator shall be the Action Officer of the Pagadian City Housing Board and shall be responsible for all administrative and supervisory functions as may be provided for and allowed by laws, rules and regulations. The Action Officer, within thirty (30) days from issuance of the appropriate Executive Order, shall recommend to the City Mayor/Chairperson the issuance of memoranda needed to ensure the attainment of the goals and objectives of the Pagadian City Housing Board. SECTION 6. THE SECRETARIAT AND ITS FUNCTIONS. - A Secretariat, composed of three (3) personnel of the Office of the City Planning and Development Coordinator favorably recommended by the Department Head, shall assist the PCHB and its committees as well as take charge in maintaining and safekeeping of all records of the Board. SECTION 7. IMPLEMENTATION OF PROGRAMS AND PROJECTS. - Approved programs and/or locally funded projects of the Local Housing Board which are prioritized pursuant to the mandate of Republic Act 7279 shall be implemented by the appropriate department of the City Government of Pagadian in coordination with the Urban/Rural Poor Affairs Office. SECTION 8. EXECUTIVE COMMITTEE. - The Board shall create a Three-Member Executive Committee (EXECOM) from among its members to represent it and act in its behalf when it is not in session. The Mayor or his duly designated representative shall head the EXECOM. The Executive Committee shall receive allowances which amount will be determined by the Honorable City Mayor subject however to the availability of funds by the City Government. SECTION 9. BUDGET. - The City Government shall appropriate at least one percent (1%) of its Annual Internal Revenue (IRA) for the operations and activities of the Board. SECTION 10. IMPLEMENTING RULES AND REGULATIONS. - Within sixty (60) days after the enactment of this Ordinance, the City Mayor shall, in consultation with the concerned government agencies, the private sector, and POs and NGOs, formulate the appropriate rules and regulations necessary to effectively implement any or all of the provisions of this Ordinance. Such rules and regulations shall include, among others, guidelines on the following: a) Resource generation and mobilization for socialized housing purposes; b) Schemes for city government housing assistance; and c) Accreditation and selection of representatives of the private sector, NGOs and POs to the Board. SECTION 11. REPEALING CLAUSE. - This ordinance repeals, revokes and/or modifies City Ordinance No. 2016-367 and all other orders, memoranda, rules and regulations, or any part or parts hereof which are inconsistent with the provisions of this Ordinance. SECTION 12. SEPARABILITY CLAUSE. - If for any reason a provision of this Ordinance is declared invalid or unconstitutional, all other provisions hereof not affected thereby shall continue to be in full force and effect. SECTION 13. EFFECTIVITY CLAUSE. - This Ordinance shall take effect immediately upon approval. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 54th Regular Session held on 14 September 2017 at the Sangguniang Panlungsod Session Hall, Pagadian City.