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Repealing Presidential Decree No. 814, Redefining The Policies Of Land Tenure In The Tondo Foreshore Dagat-Dagatan Urban Development Project
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Repealing Presidential Decree No. 814, Redefining The Policies Of Land Tenure In The Tondo Foreshore Dagat-Dagatan Urban Development Project
Presidential Decree No. 1314
March 20, 1978
Case Overview and Summary
Summary of Presidential Decree No. 1314Land Tenure System for Residential Areas
- Applies to residential areas in Tondo Foreshore and portions of Dagat-Dagatan for displaced families. (Section 1)
- Freehold with restrictions: (Section 2)
- Titled land and with "vested rights" recognized by the National Housing Authority (NHA).
- Untitled land: Qualified beneficiary purchases outright at cost of land and development cost, either in cash or amortized over 25 years.
Citizens' Committee
- Formed in each barangay within the Project Area. (Section 3)
- Functions:
- Process requests for transfer of residential land rights and sub-letting of dwelling units. (Section 3.1)
- Submit recommendations on transfers and sub-letting to NHA for review and approval. (Section 3.2)
Conditions on Sale and Disposition of Land
- Land under freehold right cannot be transferred, alienated, or disposed of to any person who does not meet the criteria set by NHA and implemented by Citizens' Committee, except by hereditary succession. (Section 4.1)
- Use, occupancy, and development of land subject to NHA's regulations and approved development plan. (Section 4.2)
Charges for Project Beneficiaries
- With titles or "vested rights":
- Charged a fee corresponding to development cost, amortized over 25 years at 12% per annum or P0.95 per square meter per month, whichever is lower. (Section 5)
- Purchasing land outright:
- Pay land price of P5.00 per square meter, amortized over 25 years at 12% per annum. (Section 6.1)
- Pay development cost, amortized over 25 years at 12% per annum or P0.95 per square meter per month, whichever is lower. (Section 6.2)
- Lower-income beneficiaries may pay lower rates initially, escalating over time. (Section 6.2)
- Upon full payment of land value, title issued with lien for unpaid development cost. (Section 6.2)
- Leasing land: Charged a lease rate determined by NHA based on capacity-to-pay. (Section 7)
Delinquency and Ejection
- After a 3-month grace period, failure to pay dues or amortizations shall cause summary ejection from the project without court order, reducing the former beneficiary to a squatter. (Section 8)
- NHA's decisions on disposition of lots, dwelling units, or ejection of delinquent beneficiaries are final unless appealed to the Office of the President within 30 days. (Section 8)
Commercial and Industrial Areas
- NHA empowered to specify other terms of land tenure, rules, regulations, and fees for commercial and industrial sites. (Section 9)
- Citizens' Committee has no jurisdiction over commercial/industrial areas. (Section 9)
- NHA to recover as much investment as possible in these areas. (Section 9)
- Displaced households have the option to exercise freehold with restrictions in an affordable area in Dagat-Dagatan and pay purchase price and amortization of development costs. (Section 9)
Sub-letting of Dwelling Units
- Subject to recommendation of Citizens' Committee and approval of NHA. (Section 10)
- NHA will not unreasonably withhold approval of land transfer to qualified persons. (Section 10)
Real Property Taxes
- All lessees and freehold title holders shall pay normal real property taxes to the local government. (Section 11)
Repealing Clause and Separability Clause
- Inconsistent laws, decrees, executive orders, ordinances, rules, and regulations are repealed, amended, or modified accordingly. (Section 12)
- If any section or provision is declared unconstitutional or invalid, the other sections or provisions not affected shall continue in full force and effect. (Section 13)
Effectivity
- This Decree shall take effect immediately. (Section 14)
Amends
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Amended by
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Tags
Executive Issuances
Presidential Decrees
Tondo Foreshore Dagat-Dagatan Urban Development Project
Slum Improvement and Resettlement Program
Land tenure system
Freehold with restrictions
Citizens' Committee
Land transfer
Development cost
Amortization
Ejection of delinquent beneficiaries
Commercial and industrial areas
Sub-letting of dwelling units
Law
Repealing Presidential Decree No. 814, Redefining The Policies Of Land Tenure In The Tondo Foreshore Dagat-Dagatan Urban Development Project
Presidential Decree No. 1314
•March 20, 1978
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1314 March 20, 1978
REPEALING PRESIDENTIAL DECREE NO. 814, REDEFINING THE POLICIES OF LAND TENURE IN THE TONDO FORESHORE DAGAT-DAGATAN URBAN DEVELOPMENT PROJECT
WHEREAS, the government has adopted under Letters of Instructions Nos. 555 and 557 dated 11 June 1977 Slum Improvement and Resettlement as a national policy and the strategy for dealing with slums and other blighted communities in urban areas;
WHEREAS, the Tondo Foreshore Dagat-Dagatan Development Project is the first project of the government under its Slum Improvement and Resettlement (SIR) Program and is being utilized as the workshop for evolving concepts in the implementation of this Program.
WHEREAS, Tondo Foreshore is a problem of long standing where people have endured and suffered the deprivation and the degradation of having to live in a slum;
WHEREAS, Republic Act No. 1595 dated 16 June 1956 prescribes P5.00 per square meter as the price at which land shall be sold to bonafide occupants but does not specify the development concept nor provide for the introduction of...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
Tondo Foreshore Dagat-Dagatan Urban Development Project
Slum Improvement and Resettlement Program
Land tenure system
Freehold with restrictions
Citizens' Committee
Land transfer
Development cost
Amortization
Ejection of delinquent beneficiaries
Commercial and industrial areas
Sub-letting of dwelling units
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