Reorganizing the Human Settlements Regulatory Commission

Case Overview and Summary

EXECUTIVE ORDER NO. 648

Reorganizing the Human Settlements Regulatory Commission

Declaration of Policies and Objectives (Sec. 2):
- Foster growth and renewal of urban and rural communities through optimum land use, shelter, and environmental protection.
- Promote optimum use of land as a national resource for public welfare.
- Enforce, implement, coordinate, streamline, improve and optimize land use policies and regulations on human settlements.

Definitions (Sec. 3):
- "Commission" means the Human Settlements Regulatory Commission.
- "Commission proper" refers to the Commissioners and ex-officio members.
- "Function" includes powers and duties.

Establishment, Constitution, Powers, Duties (Sec. 4-7):
- Creation of the Human Settlements Regulatory Commission as a quasi-judicial body attached to the Ministry of Human Settlements.
- Powers and Duties of the Commission:
    - Promulgate zoning and land use control standards and guidelines. (Sec. 5a)
    - Review, evaluate and approve/disapprove land use plans, zoning ordinances, civil works projects, subdivisions, condominiums, and urban renewal programs. (Sec. 5b)
    - Issue rules and regulations to enforce land use policies and human settlements laws. (Sec. 5c)
    - Ensure compliance with policies, plans, standards and guidelines. (Sec. 5d)
    - Conduct public hearings. (Sec. 5e)
    - Act as appellate body on decisions of local/regional planning and zoning bodies. (Sec. 5f)
    - Promote, encourage, coordinate and assist private/government entities in human settlements plans and programs. (Sec. 5g)
    - Develop and implement prototype projects. (Sec. 5h)
    - Call on government/private entities for cooperation and assistance. (Sec. 5i)
    - Adopt rules of procedures. (Sec. 5j)
    - Staff its organization with qualified personnel. (Sec. 5k)
    - Make contracts. (Sec. 5l)
    - Acquire, purchase, own, lease, mortgage, sell or dispose of property. Exercise eminent domain. (Sec. 5m)
    - Charge and collect fees. (Sec. 5n)
    - Impose administrative fine up to Twenty Thousand Pesos (₱20,000). (Sec. 5o)
    - Issue orders for cessation/closure of activities, vacate/demolish buildings that violate laws. (Sec. 5p)
    - Cite and declare contempt of Commission with fines up to ₱2,000 and confinement. (Sec. 5q)
    - Perform other necessary functions. (Sec. 5r)
- Composition of the Commission Proper with 9 members including Minister of Human Settlements as Chairman and 4 full-time Commissioners appointed by the President. (Sec. 6a)
- Qualifications and tenure of full-time Commissioners. (Sec. 6b)
- Salaries and privileges of Commissioners. (Sec. 6c)
- Duties and responsibilities of the Chief Executive Officer. (Sec. 7)

General Provisions (Sec. 8-15):
- Transfer of regulatory functions of National Housing Authority to the Commission. (Sec. 8)
- Authority to utilize income from fees, fines and charges to defray expenses. (Sec. 9)
- Exemption of professional and technical personnel from wage and position classification. (Sec. 10)
- Imposition of administrative fines up to ₱10,000 for violations. (Sec. 11)
- Penalties of fine up to ₱20,000 and/or imprisonment for violations. (Sec. 12)
- Repealing of inconsistent laws. (Sec. 13)
- Separability clause. (Sec. 14)
- Immediate effectivity. (Sec. 15)