ORDINANCE NO: 2023-553 Authored by: Hon. Priscilla M. Fernandez "AN ORDINANCE ESTABLISHING THE GENERAL SCHEME AND GUIDELINES FOR THE DISPOSITION/ DISTRIBUTION OF THE SUBDIVIDED LOTS WITHIN THE PROPOSED ASENSO VILLAGE PROJECTS OF THE CITY GOVERNMENT AND FOR OTHER PURPOSES" WHEREAS, pursuant to the provisions of the Local Government Code and the Housing Act of 1992, local government units are mandated to take the principal role in the provision of shelter and other basic services to its constituents; WHEREAS, consistent with the above-mentioned directives, the City Government of Pagadian, through the Pagadian City Housing Board, is pursuing the implementation of the City's Housing and Resettlement Projects known as "Asenso Village;" WHEREAS, the foregoing project is designed to provide socialized and economic low-cost housing and resettlement for the homeless, underprivileged, calamity victims, families affected by the implementation of government infrastructure projects, and those currently residing in government-declared hazard areas/zones of the city, hence, formulating and adopting guidelines governing the disposition and/or distribution of the subdivided lots within the proposed Asenso Village is most appropriate and in order; NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod (14th City Council) of Pagadian City in session assembled that: SECTION.1. TITLE. This Ordinance shall be entitled "AN ORDINANCE ESTABLISHING THE GENERAL SCHEME AND GUIDELINES FOR THE DISPOSITION/ DISTRIBUTION OF THE SUBDIVIDED LOTS WITHIN THE PROPOSED ASENSO VILLAGE PROJECTS OF THE CITY GOVERNMENT AND FOR OTHER PURPOSES". SECTION 2. DECLARATION OF POLICY. It shall be the policy of the Local Government of Pagadian to establish socialized and economic housing and resettlement sites for marginalized, homeless, and underprivileged constituents of Pagadian City. SECTION 3. DEFINITION OF TERMS. The following terms shall mean: Economic/Low-Cost Housing - a type of housing provided to families with formal income; Informal Settler Families - are those underprivileged families, landless and/or homeless families, families living in hazard-prone locations, victims of natural or man-made calamities, or individuals/families affected by the implementation of government projects that require government relocation, and those families whose inherited/owned land is located in very far-flung barangay; Underprivileged Families - are landless or homeless families as defined under Republic Act No. 7279; ASENSO VILLAGE - a government-owned parcel of lots to be utilized as housing sites for the qualified and eligible beneficiary-residents of Pagadian City. Section 4. GENERAL GUIDELINES FOR THE AWARD OF THE ASENSO VILLAGE HOUSING PROJECT. - The following guidelines shall govern the awarding of the subdivided lots within the "Asenso Village" Housing Project, viz: 4.a The Asenso Village is open and available to any qualified informal settlers' families (ISFs) residents in the City of Pagadian. Qualified Applicants who actually live within the same project location must be given preferential consideration in the application. All remaining lots may thereafter be deemed available for other qualified applicants in the city; 4.b Identified lot areas shall not be less than forty-eight (48) square meters and not more than one hundred (100) square meters. All apportioned areas will be awarded with corresponding technical descriptions and defined boundaries to the recipient of the project; 4.c All awarded lots must be utilized solely for residential purposes such that converting any part thereof into commercial spaces like sari-sari stores and other purposes not intended for the program is a violation and shall be a ground for revocation and forfeiture of the award; 4.d The City Government and Awardee shall agree to execute a Conditional Deed of Donation with specific conditions, to wit: 4.d.i Within a period of fifteen (15) years, the awarded area or any part thereof cannot be sold, used as loan security or collateral or subject of any instrument bequeathing or yielding the holder's right over the property to the other; 4.d.ii After the lapse of the period, the City Government of Pagadian shall execute an Absolute Deed of Donation in favor of the awardee. Such awardee could process the transfer of registration and/or titling of the lot with assistance from the City Government of Pagadian at the expense of the awardee. Thereafter, the awardee can exercise the attributes of ownership over the property; 4.d.iii In case of death of the original awardee prior to the completion of the fifteen (15) years, the assignment of lots shall be transferred to the legal heirs who are actually living or residing with the awardee prior to his/her death provided they possess the same qualifications and requirements to qualify based on the general guidelines of the award; Waste segregation must be practiced within the community pursuant to City Ordinance No. 2016-365 also known as "The Pagadian City Ecological Solid Waste Management (ESWM) Ordinance of 2016; Awardees must organize themselves and constitute homeowner's association within the subdivision to set association policies and for cooperation, coordination, and official recognition by the barangay and the City Government. SECTION 8. OBLIGATIONS OF THE CITY GOVERNMENT. - The City Government of Pagadian shall commit to the following technical and engineering works prior to the implementation of the Asenso Village Housing Project, viz: To establish and formulate uniform building designs and specifications with at least five (5) designs to be prepared for the purpose; To assist the awardee in the preparation of building plans, electrical plans, plumbing plans, sanitary plans, perspective designs, and cost estimations for the construction of the structure; To provide lateral supply lines for electricity and water to the project areas; To provide a road network; To provide proper drainages and canals for the areas. SECTION 9. REPEALING CLAUSE. - All existing City Ordinances which are inconsistent with the provisions of this ordinance are hereby repealed and/or modified. SECTION 10. SEPARABILITY CLAUSE. - Any provision or provisions thereat that may be declared by any competent court to be invalid shall not affect the rest of the provisions not so declared illegal. SECTION 11. EFFECTIVITY CLAUSE. - This Ordinance shall take effect immediately upon approval and after publication in any newspaper of general circulation for three (3) consecutive weeks and/or after twenty-one (21) days from posting in two (2) conspicuous places in the City. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 52nd Regular Session on 18 October 2023 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.