Creating The National Housing Authority And Dissolving The Existing Housing Agencies, Defining Its Powers And Functions, Providing Funds Therefor, And For Other Purposes

Case Overview and Summary

Summary of Presidential Decree No. 757

Comprehensive Housing Program (Section 1):
- Develop a comprehensive and integrated housing program covering housing development, resettlement, financing sources, and delineation of government and private sector roles.
- Consider factors like urban development management, land conservation, housing finance organization, and use of cost-effective building systems.

Creation of National Housing Authority (NHA) (Sections 2-5):
- Establish the NHA as a government corporation under the Office of the President to implement the housing program.
- NHA to have an authorized capital of 500 million pesos, with 50 million pesos appropriated initially and 50 million pesos annually for 9 years.
- Dissolve existing housing agencies like PHHC, PAHRA, TFDA, CITRUS, and transfer their assets, funds, and personnel to NHA.

Powers and Functions of NHA (Section 6):
- Develop and implement the comprehensive housing program.
- Formulate policies for housing development and resettlement.
- Prescribe guidelines for public land use for housing.
- Exercise eminent domain or acquire private lands for housing projects.
- Undertake housing projects through joint ventures with public and private entities.
- Issue bonds, contract loans, and receive financial assistance for housing programs.
- Provide technical assistance for housing development.
- Adopt rules and regulations, including protection for home buyers and regulation of real estate trade.
- Regulate relationships between owners and lessees of residential properties.

Board of Directors and Management (Sections 7-10):
- NHA to be governed by a 7-member Board of Directors chaired by the President's appointee.
- Board to formulate rules, approve budgets, organizational structure, and contracts.
- General Manager to be appointed by the President as the chief executive officer.
- NHA personnel exempt from Civil Service rules and can receive additional compensation.

Financing and Bonds (Sections 13-15):
- NHA authorized to issue bonds and securities to finance housing programs, subject to approval from the Secretary of Finance and Monetary Board.
- Total bond amount not to exceed 10 times NHA's paid-up capital and surplus.
- Bonds and securities exempt from taxes and guaranteed by the Philippine government.
- SSS and GSIS required to absorb NHA bonds and cease their own mass housing projects.

Other Provisions:
- NHA to manage or dispose of completed housing projects (Section 12).
- Separation pay and retirement gratuities for personnel of dissolved agencies (Section 16).
- Commission on Audit to audit NHA (Section 17).
- NHA to submit annual and periodic reports to the President (Section 19).
- Corporation Law applies to NHA unless inconsistent with this Decree (Section 20).