AN ACT CREATING THE QUEZON CITY DEVELOPMENT AUTHORITY (QCDA)
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AN ACT CREATING THE QUEZON CITY DEVELOPMENT AUTHORITY (QCDA)
Republic Act No. 10646
November 8, 2014
Case Overview and Summary
Summary of Republic Act No. 10646 (Charter of the Quezon City Development Authority)Declaration of Policy (Section 2):
- The State recognizes the vital role of government-owned or -controlled corporations (GOCCs) in social and economic development.
- The State shall allow local government units (LGUs) to venture with GOCCs to accomplish the purpose of this Act.
Definition of Terms (Section 3):
- Defines key terms such as "areas for priority development", "blighted urban communities", "consultation", "idle lands", "improvements", "marginal and low-income families", "monitoring", "on-site development", "professional squatters", "resettlement areas", and "socialized housing".
Creation of the Quezon City Development Authority (QCDA) (Section 4):
- A GOCC called the Quezon City Development Authority (QCDA) is created.
- It shall have its principal office in Quezon City.
- It shall be governed by the GOCC Governance Act of 2011 and subject to the regulatory jurisdiction of the Governance Commission for GOCCs (GCG).
Objectives of the QCDA (Section 5):
- Provide adequate and affordable housing to marginal and low-income families in Quezon City.
- Encourage private sector participation in housing ventures and urban renewal.
- Promote greening and development of vacant, blighted, and underutilized lands in Quezon City owned by the local government.
- Provide projects that will improve the quality of life, such as affordable transportation, energy, telecommunication, information technology, and manufacturing.
Socialized Housing Development as Primary Mandate (Section 6):
- The QCDA shall maintain socialized housing and urban renewal as its primary focus.
- It shall develop new settlement areas, upgrade blighted areas, and relocate urban residents.
- At least 60% of its total landholding shall be developed for socialized housing.
Capitalization and Funding (Section 7):
- The QCDA shall have an authorized capital stock of Two billion pesos (P2,000,000,000.00), which may be available for subscription by the Quezon City government.
Powers and Functions of the QCDA (Section 8):
- Develop and implement a comprehensive urban renewal program for Quezon City.
- Promote urban housing communities development with consideration for ecological balance and geohazard assessment.
- Acquire, develop, and manage lands and buildings.
- Invest funds in bonds and securities issued and guaranteed by the city or national government.
- Promote housing development by providing technical assistance.
- Receive donations, grants, and bequests for resettlement and socialized housing.
- Enter into joint ventures and partnerships.
- Review recommendations of the Quezon City Local Housing Board.
- Plan, implement, and monitor urban renewal programs to protect ecosystems, watersheds, landscapes, and cultural sites.
- Develop, improve, administer, subdivide or lease real properties acquired.
- Invest in proprietary ventures to earn income for urban renewal.
- Exercise necessary corporate powers under the Corporation Code.
- Perform other acts necessary to effect the policies and achieve the objectives.
Board of Directors (Section 9):
- The QCDA shall be governed by a 9-member Board of Directors.
- The Board composition is specified, including representatives from the Quezon City government, the Local Housing Board, the private sector, and the City Development Council.
- Appointive members must be qualified by the Fit and Proper Rule determined by the GCG.
- The Board may receive per diems, allowances, and incentives in accordance with GCG guidelines.
- The Board shall meet regularly at least once a month, with a quorum of 5 members.
- The Board may hire up to 2 consultants from the private sector.
Powers and Duties of the Board (Section 10):
- Formulate policies, develop programs, and promulgate rules and regulations.
- Act upon the annual budget and supplemental budgets.
- Approve the organizational structure, staffing pattern, salaries, and powers and duties of personnel, subject to GCG approval.
- Formulate and enforce policies for housing development, resettlement, and urban renewal.
- Order, authorize, direct, and coordinate with Quezon City offices and task forces.
- Enter into contracts or agreements, except with certain related parties.
- Acquire privately owned lands for urban renewal, housing development, and resettlement, with consent of the City Council.
- Design, formulate, negotiate, and implement financial or investment schemes.
- Enable private sector assistance and participation.
- Render annual and special reports.
- Enter into memoranda of agreements, joint ventures, long-term leases, and management contracts with private sector entities.
Duties and Powers of the Chairman of the Board (Section 11):
- Call and preside at Board meetings and ensure implementation of policies, programs, and rules.
- Present for approval the annual budget, rules and regulations, other matters, and the annual report.
- Perform other functions directed by the Board.
General Manager (Section 12):
- The General Manager shall be elected by the Board from the appointive members.
- The General Manager must possess a career service executive eligibility, a post-graduate degree related to law, management or public administration, or a minimum of 10 years of management experience.
- The General Manager shall be the Chief Executive Officer of the QCDA and shall serve for a fixed term of 1 year, unless removed by the Board for cause.
Duties and Responsibilities of the General Manager (Section 13):
- Execute, administer, and implement policies and measures approved by the Board.
- Directly supervise the operation and internal affairs of the QCDA.
- Recommend the number and salaries of, appoint, and remove or discipline subordinate officers and personnel, subject to GCG approval.
- Represent the QCDA in dealings with other offices, agencies, and entities.
- Exercise other powers and perform other duties vested by the Board.
Organizational Structure of the QCDA (Section 14):
- The General Manager shall prepare the organizational structure of the QCDA and present it to the Board for approval.
- The General Manager shall determine the rates of allowances, honoraria, and other additional compensation, subject to Board approval.
- The QCDA shall be covered by the Compensation and Position Classification System for GOCCs under Republic Act No. 10149, subject to GCG approval.
Inventory of Lands (Section 15):
- Within 3 months from the effectivity of this Act, an inventory of all kinds of lands and improvements within Quezon City shall be conducted by 3 reputable independent appraisers chosen by the Board.
- The inventory shall include lands owned by the national government, Quezon City government, unregistered or abandoned and idle lands, and other lands useful for the objectives of this Act.
- The appraisers shall indicate the type of land use, degree of land utilization, and other necessary data.
- The appraisers shall submit their report to the Board, the Quezon City Mayor, and the Quezon City Council.
Identification of Sites for Socialized Housing (Section 16):
- After the inventory, the QCDA, in coordination with the Quezon City Council, shall identify lands for socialized housing and resettlement areas suited for the needs of marginal and low-income families.
- Lands for socialized housing may be identified from various sources, including those owned by the Quezon City government, alienable lands of the public domain, unregistered or abandoned and idle lands, donated privately owned lands, and private lands offered for sale.
- The QCDA shall give budgetary priority to on-site development of government lands.
Completed Projects: Management and Disposition (Section 17):
- The QCDA shall determine, establish, and maintain the most feasible and effective program for the management or disposition of specific urban renewal, housing, or resettlement projects.
- Unless otherwise decided by the Board, completed housing or resettlement projects of the Quezon City government shall be managed and administered by the QCDA, provided that the communities and residents have been fully consulted.
Eligibility Criteria for Socialized Housing Program Beneficiaries (Section 18):
- The eligibility criteria for the socialized housing program are specified, including being a Filipino citizen, a member of marginal and low-income families in Quezon City, not owning any real property in the urban area, and not being a professional squatter or member of squatting syndicates.
- Employees of government entities with offices in Quezon City whose salaries are not higher than salary grade 18 or its equivalent may also qualify, provided they are not yet beneficiaries of any housing program.
- The QCDA, in coordination with the Quezon City Council, shall design a system for the identification and registration of qualified program beneficiaries.
Issuance of Bonds and Power to Borrow (Section 19):
- The QCDA may be authorized to issue bonds and other securities and enter into any form of indebtedness to finance the implementation of its urban renewal and housing program.
- Specific conditions and limitations on the issuance of bonds and securities are provided, including that the total amount shall not exceed 20 times the paid-up capital and surplus of the QCDA.
- The sovereign guarantee of the Republic of the Philippines shall not be required or allowed.
- The bonds and securities issued, including the income thereof, shall be exempted from all kinds of local taxes and from attachment, execution, and seizure.
Reports (Section 20):
- The QCDA shall submit an annual report to the Office of the President, both Houses of Congress, the Representatives of Quezon City, the Quezon City Mayor, and the Quezon City Council, indicating the urban renewal and housing program being implemented, the stages of implementation, and the financial position of the QCDA.
- The QCDA shall also submit periodic and other reports as required by the GCG, the Quezon City Mayor, and the Quezon City Council.
- The Quezon City Council shall undertake internal and external monitoring of the housing and urban development of the QCDA to ensure complete and objective information about the progress of resettlement.
Dissolution (Section 21):
- In the event the QCDA is dissolved for any reason, all of its properties and other assets remaining at the time of dissolution shall revert to the Quezon City government.
Applicability of the Corporation Code (Section 22):
- The provisions of the Corporation Code, insofar as these are not inconsistent with the provisions and policies provided in this Act, shall be applicable and suppletory.
Separability Clause (Section 23):
- If any section or provision of this Act is declared unconstitutional, the validity of the remaining parts shall not be affected.
Repealing Clause (Section 24):
- All laws, ordinances, executive orders, administrative orders, rules, regulations, decrees, and other issuances or parts thereof which are inconsistent with the provisions of this Act are hereby revoked, repealed, or modified accordingly.
Effectivity (Section 25):
- This Act shall take effect 15 days after its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.
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Statutes
Republic Acts
Quezon City Development Authority (QCDA)
government-owned or -controlled corporation (GOCC)
socialized housing
urban renewal
marginal and low-income families
blighted urban communities
idle lands
resettlement areas
on-site development
professional squatters
Board of Directors
General Manager
inventory of lands
housing development
bonds and securities
monitoring
eligibility criteria
Quezon City government
private sector participation
joint ventures
urban housing communities
ecological balance
geohazard assessment
technical assistance
donations and grants
ecosystem protection
watershed areas
cultural sites
proprietary ventures
Corporation Code
separability clause
repealing clause
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AN ACT CREATING THE QUEZON CITY DEVELOPMENT AUTHORITY (QCDA)
Republic Act No. 10646
•November 8, 2014
Republic of the PhilippinesCONGRESS OF THE PHILIPPINESMetro Manila
Sixteenth CongressSecond Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand fourteen.
REPUBLIC ACT NO. 10646
AN ACT CREATING THE QUEZON CITY DEVELOPMENT AUTHORITY (QCDA), DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FOR ITS ORGANIZATIONAL STRUCTURE AND CAPITALIZATION
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Short Title. – This Act shall be known as the "Charter of the Quezon City Development Authority".
Section 2. Declaration of Policy. – The State recognizes the vital role of government-owned or -controlled corporations (GOCCs) in social and economic development. Thus, it is hereby declared the policy of the State to authorize the creation of GOCCs that may be used to implement certain programs of local government units (LGUs) without violating their autonomy. The GOCCs may also assist LGUs in providing their constituents access to socialized housing, health, education and the other basic services. Towards this end, the State shall allow LGUs, with their...
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