ORDINANCE NO: 2021-481
Sponsored by Honorable Fernando Y. Pameron
"AN ORDINANCE INSTITUTIONALIZING THE RESETTLEMENT PROGRAM, SOCIALIZED HOUSING AND RESETTLEMENT SITES OF THE CITY OF PAGADIAN; PRESCRIBING GUIDELINES, RULES AND REGULATIONS FOR ALL ESTABLISHED RESETTLEMENT SITES; AND PROVIDING PENALTIES FOR VIOLATION(S) THEREOF"
WHEREAS, Section 16 of RA 7160 otherwise known as the Local Government Code of 1991, states that every Local Government Unit shall exercise the powers expressly granted those necessarily implied therefrom, as well as powers necessary, appropriate or incidental of it's efficient and effective governance, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of the inhabitants;
WHEREAS, each person has a right to housing as embodied in the international Covenant on Economic, Social and Cultural Rights to which the Philippines is a signatory and involves legal security of tenure; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location and cultural adequacy;
WHEREAS, the state, by law and for the common good, in cooperation with the private sector, shall undertake a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas;
WHEREAS, the Local Government Units, consistent with the its thrust and mandate, shall provide resettlement areas for those informal settlers who will be displaced from their previous location/ structures for them to find comfort in their living and settled in a location free from any destructions;
WHEREAS, as can be observed, several problems are occurring in the resettlement areas such as, but not limited to, the lack of recordings or valid documentations thereby causing trouble as to control and order;
WHEREAS, pursuant to Section 27, Article VII of Republic Act No. 7279 otherwise known as "Action Against Professional Squatters and Squatting Syndicate," provides that Local Government Units, in collaboration with the Philippine National Police, the Presidential Commission for the Urban Poor (PCUP) and the PCUP accredited urban poor organization in the area, shall adopt measures to identify and effectively curtail the nefarious and illegal activities of professional squatters and squatting syndicates;
WHEREAS, given the foregoing mandate, the Local Government of Pagadian City would like ascertain the observance of proper and humane resettlement procedures as mandated by the Urban Development and Housing Act (UDHA) of 1992, thus the need to institute a set of rules and regulations in the established resettlement/relocation areas so as to address the foregoing problem and to ensure smooth flow of activities thereat;
NOW, THEREFORE, be it ordained by the Sanggunian Panlungsod (13th City Council) of Pagadian in session assembled that:
SECTION 1. Title. - This Ordinance shall be known as "An Ordinance Institutionalizing The Resettlement Program, Socialized Housing And Resettlement Sites Of The City Of Pagadian; Prescribing Guidelines, Rules And Regulations For All Established Resettlement Sites And Providing Penalties For Violation(s) Thereof."
SECTION 2. Purpose. - This Ordinance shall serve as guidelines governing the operation of all resettlement sites in the City of Pagadian, giving emphasis on the rules and regulations to be followed and be implemented for a smooth and orderly system, providing guidelines in the manner of acquiring sites, planning, development, awarding, operation, maintenance, community organization and livelihood initiatives.
SECTION 3. Definition of Terms. - For purposes of this Ordinance, the following words and phrases shall be construed to mean, as follows:
Affected individuals - actual occupants of structures which were cleared due to calamities or infrastructure projects of the government.
Danger Areas - refer to areas which when occupied for residential purposes actually pose a danger to the life and safety and property of either the concerned residents or of the general community. The danger is due to an unavoidable source of probable harm to human life or being.
Demolition - refers to the dismantling by the LGU or any legally authorized agency of government of all structures within the premises subject for clearing.
Eviction - refers to the removal of persons and their belongings from a subject building/structure or area, or both, in accordance with law.
Local Housing Board - refers to Local special bodies tasked to formulate, develop, implement, and monitor policies on the provision for housing and resettlement areas, and on the observance on the right of underprivileged and homeless to a just and humane eviction and demolition.
Permanent Resettlement site - refers to a socialized housing area characterized by the presence of basic services as defined in the Urban Development and Housing Act, where affected individuals are brought for permanent resettlement.
Professional Squatters - refers to individuals or groups who occupy lands without the express consent of the landowner who have sufficient income for legitimate housing. The term shall also apply to persons, who have previously been awarded home lots or housing units by the government, but have sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non bona fide occupants and intruders of lands reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates;
Resettlement Program - refers to a plan which involves the acquisition and development of large tracts of raw land to generate service lots and/or housing units for families displaced from sites earmarked for government infrastructure projects and those occupying in a declared danger areas such as waterways, esteros and road tracks.
Resettlement Sites - refers to government property areas intended as housing areas for affected/displaced individuals due to considerable factors.
Temporary Resettlement site - refers to a site accessible to major roads with potable water to which affected persons or entities are brought pending determination by the LGU in coordination with NHA of a permanent relocation site. In the event the permanent relocation site is not determined within one (1) year, the temporary relocation becomes a socialized housing area. However, if the families are transferred to a temporary site, subsequent relocation must only be to a permanent relocation area.
Underprivileged and homeless citizens. - Refers to the beneficiaries of this Ordinance and to individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the National Economic and Development Authority and who do not own housing facilities. This shall include those living in makeshift dwelling units and do not enjoy security of tenure.
URPAO - refers to the Urban Rural Poor Affairs Office under the Office of City Mayor whose responsibility shall be to administer all transactions involving government housing projects and programs of the City of Pagadian.
SECTION 4. Site Evaluation, Acquisition, Development, and Awards.
4.1 Resettlement site shall be evaluated as to its safety and habitability by the technical personnel appointed by the City Mayor for the purpose and who shall then submit report and recommendations to the City Mayor for approval, with the concurrence of the Local Housing Board and the Sangguniang Panlungsod.
4.2 All resettlement sites shall be developed with road networks, amenities, and equally subdivided to approved sizes of lots before awarding and positioning of settlers.
SECTION 5. Fixing and Updating of Prices of Lots/Housing and Awarding to Beneficiaries.
5.1 The prices of the lot and housing unit shall be fixed through the recommendation of the City Appraisal Committee and the Local Housing Board and duly approved by the City Mayor. The price of lot and housing unit shall, however, be updated once in every Five (5) Years.
5.2 Any lot or housing unit shall be awarded to the actual beneficiary, affected individual, or displaced individual/family from their previously acquired structures after the evaluation of the URPAO and recommended by the Local Housing Board, and duly approved by the City Mayor.
5.3 The awarded lot and housing unit shall be non-transferrable, whether through sale, loan or rent, except when the original beneficiary/awardee have died where transfer can be granted to the chosen/nominated heir upon assumption of all outstanding balance.
5.4 All beneficiaries and/or awardees must possess the following qualifications:
A bona fide resident of the City of Pagadian;
An Indigent Head of a family and of legal age;
A so-called homeless and is not a registered or actual owner or possessor of real property;
Affected or displaced due to demolition or for reason of occupying dangerous/informal sites, or by calamities whether natural or man-made; and
All settlers in the established informal sites before the approval of this Ordinance.
SECTION 6. Resettlement Sites Operation, Maintenance, Community Organizations, and Livelihood Initiatives.
6.1 All resettlement sites shall be operated and maintained by the Local Government of Pagadian through the URPAO and Local Housing Board.
6.2 All improvements introduced in the established resettlement sites as well as the organization of community associations/society shall be supervised by the URPAO, upon recommendation of the Local Housing Board and duly approved by the City Mayor.
6.3 Any livelihood initiatives shall be introduced through the URPAO, upon recommendation of the Local Housing Board and duly approved by the City Mayor.
6.4 No intrusion from any private or third parties shall be allowed without passing through the URPAO, Local Housing Board and due approval of the City Mayor.
6.5 No structures such as chapel, mosques and similar worship edifice shall be permitted to be constructed or established in all resettlement sites.
SECTION 7. Terms and Conditions Governing Resettlement Sites.
SECTION 9. Separability Clause. - If, any provision or portion of this Ordinance, is declared illegal and/or found to be violative of the Constitution and declared invalid by a court of competent jurisdiction, the remainder of this Ordinance not so declared otherwise shall not be affected and shall remain in full force and effect.
SECTION 10. Repealing Clause. - All ordinances, executive orders and rules and regulations or parts thereof, which are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed, amended or modified accordingly.
SECTION 11. Effectivity Clause. - This Ordinance shall take effect immediately after it's publication in newspaper of general publication for three (3) consecutive issues.
ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 90th Regular Session on 14 July 2021 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.