MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 406 March 4, 1974
CREATING THE HUMAN SETTLEMENTS AND PLANNING COMMISSION
WHEREAS, it is a declared objective of the New Society to effect social, economic, and political reforms attuned to the establishment of a secure national community and to an improving quality of life for all citizens and for all others who may sojourn upon our shores;
WHEREAS, the quality of human life in our times is inescapably determined by the relationships amongst human populations, resources, the environment, and intelligent policies;
WHEREAS, human settlements is an integrative concept embracing the interdependence of man's environment, human shelters and structures, and the design and organization of human communities consistently with a national framework plan, all for the people's security and well-being;
WHEREAS, the New Society's reform programs now call for the organization of a body that is adequate and responsive to the manifold tasks of formulating intelligent long-term human settlements perspectives and policies, designing operational programs for the control of all forms of environment blight or...
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Amends
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Amended by
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Presidential Decrees
Creating The Human Settlements And Planning Commission
Presidential Decree No. 406
Summary of Presidential Decree No. 406
Declaration of Policy (Section 1):
- Liberate urban communities from blight, congestion, and hazards.
- Promote modernization of human communities.
- Ensure optimum use of land as a national resource for public welfare.
- Effect rational interdependence of communities within and across regions.
- Preserve balance between physical beauty and human technology.
- Realize these policies through the human settlements approach.
Creation of Human Settlements and Planning Commission (Section 2):
- Commission created under the Office of the President.
- Composition: Secretaries of National Defense, Public Works, Transportation and Communications, Local Government and Community Development, Chairman of Board of Investments, and incumbent Chairman of Task Force on Human Settlements.
- Chairman appointed by the President from among the members.
- Members serve without compensation but may receive allowances.
- Commission meets at least once a month.
- Commission has an administrative staff and a working staff (Task Force on Human Settlements).
- Working staff personnel are policy-determining, primarily confidential, or highly technical.
Purposes, Powers, and Functions (Section 3):
- Formulate human settlements policies, plans, and programs.
- Promulgate and ensure compliance with plans, policies, guidelines, and standards for land management, land use, ecological conservation, and control of pollution and hazards.
- Formulate and adopt a national plan on human settlements.
- Formulate and coordinate land classification, valuation, readjustment schemes, and land use and zoning policies.
- Set performance standards for emittants, industrial wastes, fire hazards, etc.
- Identify and declare integrated development areas as Planned Development Units (PDUs).
- Review, revise, and approve development plans and projects related to human settlements.
- Promote, encourage, coordinate, and assist private and government entities in human settlements programs.
- Provide information and experience on planning and development of human settlements.
- Institute expropriation, condemnation, or abatement of nuisance proceedings for polluting or hazardous factories, plants, and industries (Section 3(h)).
- Issue bonds, contract loans, collect fees, and impose development charges.
- Receive and hold assets, grants, or property for its purposes.
- Develop and maintain a computerized information system.
- Call on government agencies for cooperation and assistance.
- Perform necessary acts to carry out objectives.
Powers Upon Notice and Hearing (Section 4):
- Determine areas for regulating establishment of factories, plants, and industries.
- Determine if existing factories, plants, industries, or buildings need to be transferred, relocated, terminated, or demolished.
- Regulate and coordinate production capacities of new and existing factories, plants, and industries.
- Order compliance or institute proceedings for pollutants, hazardous establishments, or violations.
Powers Without Hearing (Section 5):
- Require persons, corporations, or entities to furnish information.
- Issue subpoenas and subpoenas duces tecum.
- Call on government agencies for cooperation and assistance.
- Promulgate rules and regulations, which take effect 15 days after publication.
- Issue necessary rules and regulations.
- Perform necessary acts for exercising functions and powers.
Other Duties (Section 6):
- Undertake continuing study of human settlements problems at national, regional, and local levels.
- Gather and collate information and statistics on human settlements.
- Submit an annual report and study results.
- Keep informed of conditions in the country.
Commission Procedure (Section 7):
- Inquiries, studies, hearings, investigations, and proceedings governed by Commission's rules.
- Commission not bound by technical rules of evidence.
- Commission may punish for contempt with a fine not exceeding P500 or imprisonment not exceeding 30 days, or both.
Review of Commission's Decision or Order (Section 8):
- Party adversely affected may appeal to the Office of the President within 30 days.
- Motion for reconsideration stops the period for appeal.
Domicile (Section 9):
- Principal office in Metropolitan Manila.
- May have branches or offices within or outside the Philippines.
Expenditures and Disbursements (Section 10):
- Not subject to procurement requirements and restrictions imposed on government agencies.
Exemption from Taxes (Section 11):
- Donations, contributions, bequests, subsidies, or financial aid to the Commission are exempt from taxes and deductible from income for tax purposes.
- Commission, its assets, acquisitions, income, operations, and transactions are exempt from taxes, fees, charges, imposts, licenses, and assessments, except import taxes, duties, and fees.
Appropriation (Section 12):
- P10,000,000 appropriated for fiscal year 1973-1974.
- Necessary amount to be included in annual General Appropriations Act thereafter.
Penalties (Section 13):
- False or misleading data or information, or concealing or falsifying material fact: imprisonment of 4-6 months and fine of P500-P1,000; perjury if under oath.
- Violation of provisions, orders, decisions, rulings, or regulations:
1st conviction: warning and probation
2nd conviction: removal, withdrawal, cessation, or refusal of infrastructure support
3rd and subsequent convictions: imprisonment of 6 months to 5 years and fine of at least P5,000; for corporations, imprisonment of responsible officer(s)
Submission of Proposal (Section 14):
- Within 1 year, Commission to submit a coordinated plan or proposal for strengthening, absorption, and/or abolition of affected government agencies and instrumentalities.
Separability Clause (Section 15):
- If any provision is held invalid, the remainder shall not be affected.
Repealing Clause (Section 16):
- Inconsistent provisions of law, Executive order, rule, or regulation are repealed or modified.
Effectivity (Section 17):
- Decree takes effect immediately.
Declaration of Policy (Section 1):
- Liberate urban communities from blight, congestion, and hazards.
- Promote modernization of human communities.
- Ensure optimum use of land as a national resource for public welfare.
- Effect rational interdependence of communities within and across regions.
- Preserve balance between physical beauty and human technology.
- Realize these policies through the human settlements approach.
Creation of Human Settlements and Planning Commission (Section 2):
- Commission created under the Office of the President.
- Composition: Secretaries of National Defense, Public Works, Transportation and Communications, Local Government and Community Development, Chairman of Board of Investments, and incumbent Chairman of Task Force on Human Settlements.
- Chairman appointed by the President from among the members.
- Members serve without compensation but may receive allowances.
- Commission meets at least once a month.
- Commission has an administrative staff and a working staff (Task Force on Human Settlements).
- Working staff personnel are policy-determining, primarily confidential, or highly technical.
Purposes, Powers, and Functions (Section 3):
- Formulate human settlements policies, plans, and programs.
- Promulgate and ensure compliance with plans, policies, guidelines, and standards for land management, land use, ecological conservation, and control of pollution and hazards.
- Formulate and adopt a national plan on human settlements.
- Formulate and coordinate land classification, valuation, readjustment schemes, and land use and zoning policies.
- Set performance standards for emittants, industrial wastes, fire hazards, etc.
- Identify and declare integrated development areas as Planned Development Units (PDUs).
- Review, revise, and approve development plans and projects related to human settlements.
- Promote, encourage, coordinate, and assist private and government entities in human settlements programs.
- Provide information and experience on planning and development of human settlements.
- Institute expropriation, condemnation, or abatement of nuisance proceedings for polluting or hazardous factories, plants, and industries (Section 3(h)).
- Issue bonds, contract loans, collect fees, and impose development charges.
- Receive and hold assets, grants, or property for its purposes.
- Develop and maintain a computerized information system.
- Call on government agencies for cooperation and assistance.
- Perform necessary acts to carry out objectives.
Powers Upon Notice and Hearing (Section 4):
- Determine areas for regulating establishment of factories, plants, and industries.
- Determine if existing factories, plants, industries, or buildings need to be transferred, relocated, terminated, or demolished.
- Regulate and coordinate production capacities of new and existing factories, plants, and industries.
- Order compliance or institute proceedings for pollutants, hazardous establishments, or violations.
Powers Without Hearing (Section 5):
- Require persons, corporations, or entities to furnish information.
- Issue subpoenas and subpoenas duces tecum.
- Call on government agencies for cooperation and assistance.
- Promulgate rules and regulations, which take effect 15 days after publication.
- Issue necessary rules and regulations.
- Perform necessary acts for exercising functions and powers.
Other Duties (Section 6):
- Undertake continuing study of human settlements problems at national, regional, and local levels.
- Gather and collate information and statistics on human settlements.
- Submit an annual report and study results.
- Keep informed of conditions in the country.
Commission Procedure (Section 7):
- Inquiries, studies, hearings, investigations, and proceedings governed by Commission's rules.
- Commission not bound by technical rules of evidence.
- Commission may punish for contempt with a fine not exceeding P500 or imprisonment not exceeding 30 days, or both.
Review of Commission's Decision or Order (Section 8):
- Party adversely affected may appeal to the Office of the President within 30 days.
- Motion for reconsideration stops the period for appeal.
Domicile (Section 9):
- Principal office in Metropolitan Manila.
- May have branches or offices within or outside the Philippines.
Expenditures and Disbursements (Section 10):
- Not subject to procurement requirements and restrictions imposed on government agencies.
Exemption from Taxes (Section 11):
- Donations, contributions, bequests, subsidies, or financial aid to the Commission are exempt from taxes and deductible from income for tax purposes.
- Commission, its assets, acquisitions, income, operations, and transactions are exempt from taxes, fees, charges, imposts, licenses, and assessments, except import taxes, duties, and fees.
Appropriation (Section 12):
- P10,000,000 appropriated for fiscal year 1973-1974.
- Necessary amount to be included in annual General Appropriations Act thereafter.
Penalties (Section 13):
- False or misleading data or information, or concealing or falsifying material fact: imprisonment of 4-6 months and fine of P500-P1,000; perjury if under oath.
- Violation of provisions, orders, decisions, rulings, or regulations:
1st conviction: warning and probation
2nd conviction: removal, withdrawal, cessation, or refusal of infrastructure support
3rd and subsequent convictions: imprisonment of 6 months to 5 years and fine of at least P5,000; for corporations, imprisonment of responsible officer(s)
Submission of Proposal (Section 14):
- Within 1 year, Commission to submit a coordinated plan or proposal for strengthening, absorption, and/or abolition of affected government agencies and instrumentalities.
Separability Clause (Section 15):
- If any provision is held invalid, the remainder shall not be affected.
Repealing Clause (Section 16):
- Inconsistent provisions of law, Executive order, rule, or regulation are repealed or modified.
Effectivity (Section 17):
- Decree takes effect immediately.