Executive Order No. 841, s. 2009

Link to law: http://www.gov.ph/2009/10/26/executive-order-no-841-s-2009/
Published: 2009-10-28

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
MALACAÑANG

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 841

DIRECTING ALL LOCAL CHIEF EXECUTIVES AND LOCAL DEVELOPMENT COUNCILS TO IMMEDIATELY REVISIT/REFORMULATE/FORMULATE THEIR RESPECTIVE COMPREHENSIVE LAND USE PLANS, IDENTIFYING FOR THE PURPOSE THE AREAS FOR SOCIALIZED HOUSING AND RESETTLEMENT/RELOCATION, FURTHER DIRECTING THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL (HUDCC) TO FACILITATE THE INVENTORY OF GOVERNMENT-OWNED LANDS SUITABLE FOR SOCIALIZED HOUSING PURPOSES

WHEREAS, Section 9, Article XII of the Constitution mandates that the State shall, in cooperation with the private sector, undertake a continuing program of urban land reform and housing which will make available, at affordable cost, decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas;

WHEREAS, pursuant to Section 7, Article IV of Republic Act 7279, otherwise known as the “Urban Development and Housing Act of 1992”, the inventory of all lands and improvements thereon is to be conducted by all city and municipal governments within one (1) year from the effectivity of said Act, covering residential, government-owned, unregistered or abandoned, idle and other lands within their respective localities; and for planning purpose, directing each local government unit to furnish the Housing and Urban Development Coordinating Council a copy of said inventory which shall be updated every three (3) years;

WHEREAS, it is also mandated under Section 8 of said Act that after the inventory, the local government units, in coordination with the National Housing Authority (NHA), the Housing and Land Use Regulatory Board (HLURB), the National Mapping Resource and Information Authority (NAMRIA), and the Land Management Bureau (LMB), shall identify lands for socialized housing and resettlement areas for the immediate and future needs of the underprivileged and homeless in the urban areas. The same section of the said law also authorized the immediate transfer to the NHA of all government-owned lands which, for the past ten (10) years from the effectivity of the Act, have not been used for the purpose they have been reserved, subject to the approval of the President of the Philippines or by the concerned local government units;

WHEREAS, Section 29 of said Act further mandated the local government units, in coordination with NHA, to implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places such as sidewalks, roads, parks and playground within two (2) years from the effectivity of the Act. The relocation or resettlement sites shall be provided with basic services, facilities and access to employment and livelihood opportunities sufficient to meet the needs of affected families;

WHEREAS, Section 106, Title 6 of the Republic Act 7160, the Local Government Code of 1991, mandates all local government units to have a comprehensive multi-sectoral development plan to be initiated by its development councils and approved by its sanggunian;

WHEREAS, the recent spate of tragedies brought about by floods and landslide resulting in the deaths and injuries of hundreds of innocent victims, damage to properties, agriculture, trade and industry, thus, putting into a shadow of doubt the effectiveness of the development plans of local government units thereby amplifying the need to identify lands for socialized housing, relocation and resettlement;

WHEREAS, the President, under the Administrative Code of 1987 and existing laws, has the authority and control over all government departments, bureaus and offices in ensuring that laws are faithfully executed;

NOW, THEREFORE I, GLORIA MACAPAGAL-ARROYO, President of the Republic of Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. Revisit/Reformulate/Update the Comprehensive Land Use Plans of all LGUs – It is hereby directed that all local government units shall revisit/reformulate/update and assess the implementation and manner of execution of their existing Comprehensive Land Use Plans (CLUPS) particularly identifying government lands suitable for socialized housing, resettlement and relocation.

Section 2. Establishment of Task Force on CLUP – Local Government Units are hereby ordered to create a Task Force for the purpose of updating/formulating/reformulating the CLUP to ensure its completion within six (6) months from the effectivity of this Order. The Task Force shall be constituted and composed of all members of the local development councils to be chaired by the local chief executive.

Section 3. Responsibilities – The Task Force shall have the following responsibilities;

a. Update/reformulate/formulate the CLUP within the given time frame;

b. Facilitate the identification and inventory of government-owned lands which have not been used for the purpose for which they have been reserved for the past ten (10) years from the effectivity of RA 7279, and initiate the transfer of the same to NHA for purposes of utilizing these lands for socialized housing and resettlement/relocation areas;

c. Formulate the mechanics for the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks and playgrounds;

d. Institute programs for the provision of basic services, facilities and access to employment and livelihood opportunities to meet the basic needs of the affected families in the relocation/resettlement sites;

e. Coordinate with other government agencies to ensure compliance of this Order;

f. Prepare implementing guidelines as may be necessary;

Section 4. Administrative Support – The Department of Interior and Local Government (DILG) and the Housing & Urban Development Coordinating Council shall provide the secretariat support to the Task Force in the performance of its tasks.

All government agencies, instrumentalities, subdivisions and government owned or controlled corporations that HUDCC may call upon to participate are hereby directed to give priority attention to the Program and provide HUDCC with full cooperation and support.

Section 5. Reportorial Requirement – The Task Force shall submit the completed CLUP, duly approved by the Sangguniang Panglungsod/Pangbayan, and status report of its responsibilities/tasks to the President, through the Presidential Management Staff (PMS), within six (6) months from the effectivity of this Order;

Section 6. Repealing Clause – All issuances, orders, rules and regulations or any parts thereof, which are inconsistent, herewith are hereby repealed or modified accordingly.

Section 7. Effectivity – This Executive Order shall take effect immediately.

Done in the City of Manila, this 26th day of October, in the Year of Our Lord, Two Thousand and Nine.

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

By the President:

(Sgd.) EDUARDO R. ERMITA
Executive Secretary

Source: Malacañang Records Office

Office of the President of the Philippines. (2009). [Executive Order Nos. : 831 Р910]. Manila : Malaca̱ang Records Office.