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Memorandum Order No. 114, s. 2000


Published: 2000-09-22

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MALACAÑANG

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

MEMORANDUM ORDER NO. 114

CREATING THE COMMITTEE ON SOUTHRAIL RESETTLEMENT

PROJECT AND PROVIDING FUNDS THEREFOR

WHEREAS, the National Government has designated as one of its Flagship Projects the Southrail Project which will reactivate the rail service north of Metro Manila and facilitate transportation and development in Central and Northern Luzon;

WHEREAS, the work involved in the Southrail Project has two components, namely, rail construction and resettlement of informal settlers along the rail right-of-way (ROW);

WHEREAS, it is within the competence of the government to undertake the clearing of the ROW and the relocation and resettlement of the informal settlers living thereon; and,

WHEREAS, due to the magnitude of the project in terms of area and in the number of families affected, there is need for the active participation and support of the heads of the key agencies and local government units required to implement the project.

NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION I. Creation of the Southrail Resettlement Project Committee. There is hereby created the Southrail Resettlement Project Committee (herein referred to as the Committee) which shall take charge of implementing the Southrail Resettlement Project.

a. Composition. The Committee shall be chaired by the Chairperson of the Housing and Urban Development Coordinating Council (HUDCC) with the following as members:

1. Chairman and President, Philippine National Railways (PNR)

2. Governors of concerned Provincial Governments

3. General Manager, National Housing Authority

4. One Representative of the Non-Government Organizations accredited by the Local Governments of Makati, Taguig, Muntinlupa, San Pedro, Biñan, Sta. Rosa, and Cabuyao to be appointed by the President

5. One Representative of the People’s Organizations or the Organizations of the Beneficiaries accredited by the Local Governments of appointed by the President

6. One Representative of the Non-Government Organizations accredited by the Local Government of either Makati, Taguig, Muntinlupa, San Pedro, Biñan, Sta. Rosa, and Cabuyao to be appointed by the President

7. One Representative from each of the Local Governments of Makati, Taguig, Muntinlupa, San Pedro, Biñan, Sta. Rosa, and Cabuyao

b. Powers and Functions. Consistent with the Schedule for the Rail Construction, the Committee shall have the following powers and functions:

1. Define the project’s strategies of implementation.

2. Formulate policies and guidelines on:

2.1 Qualified beneficiaries for the project;

2.2 Housing finance for the beneficiaries; and,

2.3 Project administration and other implementation requirements.

3. Formulate systems and procedures for project implementation.

4. Determine the width of the right-of-way easement throughout the length of the railway line.

5. Prepare the project’s work program and budget.

6. Monitor and evaluate all phases of project implementation.

7. Make final decisions on all cases and issues affecting project implementation which cannot be resolved at the operations level.

SECTION 2. Project Administrator. The Southrail Resettlement Project Committee is authorized to appoint the Project Administrator who will take charge and be responsible for the completion of the project. The Project Administrator shall have the authority to designate one deputy administrator.

The Project Administrator shall provide financial, technical and administrative support services to the Committee.

SECTION 3. Support and Participating Agencies. The following agencies are hereby directed to participate and provide support needed to ensure the successful implementation of the project:

1. Housing and Urban Development Coordinating Council (HUDCC) — shall coordinate the transfer and relocation of affected informal settler families to a resettlement site, source funding for the resettlement undertaking and monitor the same;

2. Philippine National Railways (PNR) — shall transfer the funds that may be obtained from Official Development Assistance (ODA) for the resettlement project to the appropriate implementing agency of the HUDCC that shall be identified by the HUDCC for the purpose; and provide a timetable for the relocation program consistent with the rail construction schedule.

3. Concerned Provincial and Municipal Governments — shall take the lead in conducting the social preparation of the affected households and provide cooperation in the establishment of resettlement sites, facilitate the issuance of required permits; provide welfare, nutrition, day care, and community development services, and assistance to women, children, and the elderly; and undertake the actual relocation, which includes dismantling of affected structures.

4. National Housing Authority (NHA) — shall assist the Local Government Units (LGUs) of Makati, Taguig, Muntinlupa, San Pedro, Biñan, Sta. Rosa, and Cabuyao in the allocation of resettlement sites including the conduct of social preparation for the subsequent batches of affected informal dwellers, assist in the provision of estate management;

5. Home Guaranty Corporation (HGC) — shall make available its guaranty facility to enhance the features of housing bonds to be issued for the Southrail to provide interim financing for the resettlement undertaking;

6. Development Bank of the Philippines (DBP) — shall serve as a lending window, in addition to existing financing windows, to eligible beneficiary-borrowers;

7. Department of Education, Culture and Sports (DECS) — shall provide educational services to the project beneficiaries;

8. Department of Social Welfare and Development (DSWD) — shall extend augmentation to the concerned provincial and municipal governments in providing welfare, nutrition, day care centers, and community development services to project beneficiaries;

9. Department of Health (DOH) — shall provide health and medical services to project beneficiaries;

10. Technology and Livelihood and Resource Center (TLRC) — shall assist housing beneficiaries in developing community enterprises for livelihood and income generation; and,

11. Commission on Human Rights (CHR) — shall ensure that human rights are respected in the actual clearing of illegal structures in the right-of-way.

SECTION 4. Funding Requirement of the Southrail Resettlement Project. Funding requirement for the Southrail Project shall be advanced from the proceeds of the Socialized Housing Bonds (SHBs) which will be guaranteed by Home Guaranty Corporation. Said advances shall be reimbursed from the fund proceeds to be obtained from the Official Development Assistance (ODA) or any soft term loans.

Upon approval and release of the ODA funds, the same shall be used to repay the SHBs for the advances.

Done in the City of Manila, this 18Th day of September, in the Year of Our Lord Two Thousand.

(Sgd.) JOSEPH EJERCITO ESTRADA

By the President:

(Sgd.) RONALDO B. ZAMORA

Source: CDAsia