Department of Human Settlements and Urban Development Act

Case Overview and Summary

Summary of Republic Act No. 11201 (Department of Human Settlements and Urban Development Act):

Creation and Mandate of the Department of Human Settlements and Urban Development (DHSUD) (Sections 4-5):
- Created through consolidation of Housing and Urban Development Coordinating Council (HUDCC) and Housing and Land Use Regulatory Board (HLURB).
- Primary national government entity for housing, human settlement and urban development.
- Formulate policies, strategies, standards for housing and urban development.
- Develop housing finance and production policies.
- Formulate policies and programs for homeless and underprivileged families.
- Conduct studies and research on housing and urban development.
- Develop framework for resilient housing and human settlements.
- Monitor and assess performance of agencies involved in housing and urban development.

Environmental, Land Use and Urban Planning and Development (Section 5):
- Develop and maintain shelter and urban development management system.
- Provide technical assistance to LGUs on housing, urban development and management.
- Assist LGUs in utilizing socialized housing tax for housing projects (Section 43 of RA 7279).
- Own and administer government lands suitable for urban development, particularly housing (excluded: lands held in trust by GOCCs).
- Formulate land use planning and zoning standards for LGUs.
- Develop plan for establishment of government centers.

Housing and Real Estate Development Regulation (Section 5):
- Develop mechanisms and programs to promote new settlements, urban renewal, housing prototypes.
- Manage and oversee development of socialized and economic housing sites.
- Implement single regulatory system for housing and urban development projects.
- Take over unfinished, incomplete or abandoned licensed real estate projects (PD 957).

Homeowners Association and Community Development (Section 5):
- Register, regulate and supervise homeowners associations (HOAs).
- Provide technical assistance to housing cooperatives and civil society organizations.
- Promote public-private partnerships for housing provision.
- Oversee single regulatory system for housing and urban development projects.

General Powers (Section 5):
- Enter into contracts, joint ventures, public-private partnerships, agreements.
- Receive assets, grants or property from domestic and foreign sources.
- Discharge responsibilities from treaties/agreements on human settlement and urban development.
- Determine and collect fees, charges, fines for implementation of laws and regulations.
- Recommend new legislation and amendments to existing laws.
- Promote, accredit and regulate use of indigenous materials and technologies.
- Implement prototype projects and exercise power of eminent domain if necessary.
- Open subdivision roads to public when general welfare requires it.

Composition and Powers of the Secretary (Sections 6-9):
- Office of the Secretary, Undersecretaries, Assistant Secretaries.
- Secretary advises the President on housing, human settlements and urban development.
- Establish policies and standards for Department operations.
- Promulgate rules, regulations and issuances.
- Exercise control and supervision over Department and attached agencies' personnel.
- Designate and appoint Department personnel except Undersecretaries, Assistant Secretaries, Regional Directors.
- Coordinate with other agencies for effective implementation of programs.
- Formulate rules and exercise powers to implement the Act.

Department Bureaus and Regional Offices (Section 10):
- Establish bureaus for Environmental, Land Use and Urban Planning and Development; Housing and Real Estate Development Regulation; Homeowners Associations and Community Development.
- Establish regional offices as necessary.

Human Settlements Adjudication Commission (HSAC) (Sections 12-20):
- Reconstituted from HLURB with adjudicatory function.
- Composition: 5 Commissioners (including Executive Commissioner) and Regional Adjudicators.
- Qualifications and terms of office specified.
- Exclusive appellate jurisdiction over cases decided by Regional Adjudicators and appeals from local/regional planning bodies.
- Regional Adjudicators have original and exclusive jurisdiction over cases involving subdivisions, condominiums, memorial parks, HOAs, implementation of Section 18 of RA 7279, and other disputes.
- Powers include promulgating rules, administering oaths, issuing subpoenas, holding in contempt.
- Decisions appealable to Court of Appeals.
- Execution of decisions through appointed Sheriffs.
- Criminal prosecution for violations before criminal courts.

National Human Settlements Board (Section 21):
- Policy and program development powers of attached agencies exercised by the Board.
- Chaired by DHSUD Secretary with members from NEDA, DOF, DBM, DPWH, DILG and heads of attached agencies.
- HDMF's corporate powers and functions exercised by its own Board.

Attached Corporations (Section 22):
- DHSUD exercises administrative supervision over NHA, NHMFC, HDMF, SHFC.
- Corporations function according to existing laws and charters, subject to Board's policy directions.
- Appointment of Boards/Trustees per GOCC Governance Act.
- Heads enter into annual performance contracts with DHSUD Secretary.
- Restructuring of corporations within 2 years to eliminate overlaps, clarify roles, strengthen integration.

Housing One-Stop Processing Centers (HOPCs) (Section 23):
- Established in regions to centralize processing and issuance of housing-related permits, clearances, licenses.
- Agencies involved assign authorized personnel to HOPCs.
- Socialized, low-cost/economic, middle-income housing ceilings determined by DHSUD and NEDA.

Identification and Designation of Lands (Section 24):
- DHSUD, DENR, DAR, DA, DILG, LRA to identify government lands suitable for housing and rural development within 180 days.
- Idle government lands for more than 10 years prioritized (except GOCCs' lands).
- Identified lands transferred to or administered by DHSUD.

Transitory Provisions (Sections 25-31):
- HUDCC and HLURB consolidated and reconstituted as DHSUD and HSAC.
- Functions of HLURB transferred as specified.
- Transition period of 6 months for transfer of functions, assets, personnel.
- Absorption or separation of employees with separation benefits.
- IRR to be issued within 90 days.
- HUDCC Chairperson authorized for implementation during transition.
- Appropriations from current budgets of HUDCC and HLURB, then included in annual GAA.

Miscellaneous Provisions (Sections 32-35):
- Mandatory review of implementation after 3 years and report to Congress.
- Separability clause for unconstitutional provisions.
- Repealing of EO 90 (1986) and EO 648 (1981), and inconsistent laws.
- Effectivity 15 days after publication in Official Gazette or newspaper.