Amending Republic Acts Nos. 4852 And 6026 By Providing Additional Guidelines In The Utilization, Disposition And Administration Of All Government Housing And Resettlement Projects.

Case Overview and Summary

Summary of Presidential Decree No. 1472

Scope and Exclusions
- Declares government resettlement projects in Sapang Palay, San Jose Del Monte, Bulacan, Carmona, Cavite, San Pedro, Laguna, Dasmarinas, Cavite, and other lands acquired by the National Housing Authority (NHA) for resettlement or housing development as outside the scope of the Land Reform Program. (Section 1)
- Nullifies all third-party adverse claims against the ownership or possession of the aforementioned properties. (Section 1)

Ejectment of Squatters and Illegal Occupants
- Empowers the NHA to summarily eject, without judicial order, any squatters' colonies or illegal occupants from government resettlement projects, homelots, apartments, or dwelling units owned or administered by the NHA. (Section 2)
- Allows the NHA to request assistance from the Barangay Chairman and peace officers for ejectment. (Section 2)
- Defines illegal occupants as awardees or lessees whose right to occupy or lease has ceased due to violation of conditions. (Section 2)
- Requires at least 10 days' notice of ejectment to be served personally or posted on the premises. (Section 2)
- Repeals the provision in Republic Act No. 6026 that prohibits ejecting awardees unless transferred to another housing project or hometown. (Section 2)

Business Enterprises and Incentives
- Allows business enterprises established or to be established in government resettlement projects to be registered with the Board of Investments and entitled to incentives and privileges granted by law. (Section 3)

Collateral and Loans
- Permits the use of Certificates of Award issued by the NHA as collateral for loans from government financial institutions for improving dwelling units, investing within the resettlement project, or other purposes approved by the NHA General Manager. (Section 4)

Exemptions and Protections
- Exempts homelots and improvements in government resettlement projects from levy on execution or attachment, except for non-payment of taxes or other government obligations, or foreclosures for satisfaction of a mortgage loan approved by the NHA. (Section 5)

Homelot Size
- Specifies that homelots in government resettlement projects shall have an area of not less than 48 square meters and not more than 300 square meters. (Section 6)

Pricing and Charges
- Grants the NHA Board of Directors the power to determine the selling price of homelots, commercial areas, and industrial areas within resettlement projects. (Section 7)
- Allows the NHA to charge amortization and delinquency interest. (Section 7)

Resettlement Applications and Qualifications
- Requires the NHA to process applications and determine qualifications of squatters who desire to be resettled in government resettlement projects. (Section 8)
- Gives preference in the award of homelots to qualified squatters who occupied the estate before its acquisition by the government. (Section 8)

Rules and Regulations
- Authorizes the NHA to promulgate rules and regulations regarding the proper utilization, disposition, and administration of housing units, homelots, and commercial/industrial areas in government resettlement projects, which shall have the force of law after publication in a newspaper of general circulation. (Section 9)

Repealing Clause
- Repeals, modifies, or amends all provisions of laws, decrees, letters of instructions, rules, and regulations inconsistent with this Decree. (Section 10)

Effectivity
- Declares that this Decree shall take effect immediately. (Section 11)