EXECUTIVE ORDER NO. 461 May 17, 1991
DEVOLVING CERTAIN POWERS AND FUNCTIONS OF THE HOUSING AND LAND USE REGULATORY BOARD AND THE NATIONAL HOUSING AUTHORITY TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AND FOR OTHER PURPOSES
WHEREAS, Section 3, Article V of Republic Act No. 6734 provides that the Autonomous Regional Government in the Autonomous Region in Muslim Mindanao may exercise the power of eminent domain;
WHEREAS, Section 1, Article XII of the same Act further provides that "The Regional Government shall promote and formulate comprehensive and integrated regional urban and rural development policies, plans, programs, and projects responsive to the needs, aspirations and values of the people within the Region";
WHEREAS, Section 4, Article XII of the same Act likewise provides that "Consistent with the Constitution and national policies, and subject to ecological considerations, the Autonomous Regional Government shall adopt and implement a comprehensive urban land reform and land use program, to ensure the just utilization of lands within its jurisdiction;
WHEREAS, the Oversight Committee created under...
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Executive Orders
Devolving Certain Powers and Functions of the Housing and Land Use Regulatory Board and the National Housing Authority To the Autonomous Regional Government of the Autonomous Region in Muslim Mindanao, and For Other Purposes
Executive Order No. 461
Devolving Certain Powers and Functions of HLURB and NHA to ARMM
I. Powers and Functions of HLURB devolved to ARG within ARMM (Sec. 1):
- Ensure compliance with human settlements policies, plans, standards and guidelines. (Sec. 1a)
- Promote, encourage, coordinate and assist private and government entities in human settlements planning and development. (Sec. 1b)
- Develop and implement prototype projects supportive of regulatory functions. (Sec. 1c)
- Issuance of permits and licenses for projects within ARMM, except national inter-regional plans. (Sec. 1d)
- Conduct public hearings related to its functions. (Sec. 1e)
- Issue orders for cessation, closure, vacation or demolition of activities, buildings or structures violating laws and regulations. (Sec. 1f)
- Promulgate zoning and land use control standards for the region in accordance with national standards and policies. (Sec. 1g)
- Issue rules and regulations to enforce land use policies and human settlements, provided they do not contravene national policies. (Sec. 1h)
- Review, evaluate and approve/disapprove comprehensive land use plans, zoning components, subdivision projects, urban renewal plans within ARMM. (Sec. 1i)
- Perform other necessary functions for effective accomplishment of the above. (Sec. 1j)
- HLURB retains jurisdiction over disputes requiring quasi-judicial settlement or adjudication. (Sec. 1)
II. Powers and Functions of NHA devolved to ARG within ARMM (Sec. 2):
- Develop and implement a comprehensive and integrated housing program. (Sec. 2a)
- Formulate and enforce policies for housing development and resettlement. (Sec. 2b)
- Prescribe guidelines and standards for reservation, conservation and utilization of public lands for housing and resettlement. (Sec. 2c)
- Develop and undertake housing development and/or resettlement projects through joint ventures or other arrangements. (Sec. 2d)
- Prescribe and enforce guidelines, standards and rules to protect home and lot buyers by regulating real estate trade and business. (Sec. 2e)
- Regulate relationship between owners and lessees of residential properties. (Sec. 2f)
- Invest funds in government bonds and securities. (Sec. 2g)
- Receive donations, grants and bequests exempt from taxes. (Sec. 2h)
- Perform other necessary acts to effect policies and objectives. (Sec. 2i)
- Issue bonds, contract loans, credits or indebtedness for housing programs implementation. (Sec. 2a)
- Discharge responsibilities from treaties, agreements and commitments on housing and resettlement. (Sec. 2b)
III. Other Provisions:
- HLURB and NHA to provide technical assistance to ARG for developing organizational capability. (Sec. 3)
- ARG may formulate its own standards adhering to pertinent national laws and standards as minimum requirement. (Sec. 4)
- Separability clause for unconstitutional or unlawful provisions. (Sec. 5)
- Effectivity 15 days after publication in national and local newspapers. (Sec. 6)
I. Powers and Functions of HLURB devolved to ARG within ARMM (Sec. 1):
- Ensure compliance with human settlements policies, plans, standards and guidelines. (Sec. 1a)
- Promote, encourage, coordinate and assist private and government entities in human settlements planning and development. (Sec. 1b)
- Develop and implement prototype projects supportive of regulatory functions. (Sec. 1c)
- Issuance of permits and licenses for projects within ARMM, except national inter-regional plans. (Sec. 1d)
- Conduct public hearings related to its functions. (Sec. 1e)
- Issue orders for cessation, closure, vacation or demolition of activities, buildings or structures violating laws and regulations. (Sec. 1f)
- Promulgate zoning and land use control standards for the region in accordance with national standards and policies. (Sec. 1g)
- Issue rules and regulations to enforce land use policies and human settlements, provided they do not contravene national policies. (Sec. 1h)
- Review, evaluate and approve/disapprove comprehensive land use plans, zoning components, subdivision projects, urban renewal plans within ARMM. (Sec. 1i)
- Perform other necessary functions for effective accomplishment of the above. (Sec. 1j)
- HLURB retains jurisdiction over disputes requiring quasi-judicial settlement or adjudication. (Sec. 1)
II. Powers and Functions of NHA devolved to ARG within ARMM (Sec. 2):
- Develop and implement a comprehensive and integrated housing program. (Sec. 2a)
- Formulate and enforce policies for housing development and resettlement. (Sec. 2b)
- Prescribe guidelines and standards for reservation, conservation and utilization of public lands for housing and resettlement. (Sec. 2c)
- Develop and undertake housing development and/or resettlement projects through joint ventures or other arrangements. (Sec. 2d)
- Prescribe and enforce guidelines, standards and rules to protect home and lot buyers by regulating real estate trade and business. (Sec. 2e)
- Regulate relationship between owners and lessees of residential properties. (Sec. 2f)
- Invest funds in government bonds and securities. (Sec. 2g)
- Receive donations, grants and bequests exempt from taxes. (Sec. 2h)
- Perform other necessary acts to effect policies and objectives. (Sec. 2i)
- Issue bonds, contract loans, credits or indebtedness for housing programs implementation. (Sec. 2a)
- Discharge responsibilities from treaties, agreements and commitments on housing and resettlement. (Sec. 2b)
III. Other Provisions:
- HLURB and NHA to provide technical assistance to ARG for developing organizational capability. (Sec. 3)
- ARG may formulate its own standards adhering to pertinent national laws and standards as minimum requirement. (Sec. 4)
- Separability clause for unconstitutional or unlawful provisions. (Sec. 5)
- Effectivity 15 days after publication in national and local newspapers. (Sec. 6)