PROPOSED UDHA AMENDMENTS

Definition of “professional squatter” (sec. 3 [m])

"Professional squatters" refers to individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded homelots or housing units by the Government but who sold, leased or transferred the same to settle illegally in the same place or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates; 

"Professional squatters” shall include persons who occupy lands, with or without the consent of the landowner, and thereafter sell their rights thereto.

Automatic transfer to NHA of Socialized Housing Sites (sec. 8, 2nd par.)

Government-owned lands under paragraph (b) of the preceding section which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of this Act and identified as suitable for socialized housing, shall immediately be transferred to the National Housing Authority subject to the approval of the President of the Philippines or by the local government unit concerned, as the case may be, for proper disposition in accordance with this Act.

Government-owned lands under paragraph (b) of the preceding section which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of this Act and certified as suitable for socialized housing, shall automatically be transferred to the National Housing Authority without need of approval from the President of the Philippines or from the Local Government Unit.

Modes of Land Acquisition (sec.10): No need to exhaust other modes

The modes of acquiring lands for purposes of this Act shall include, among others, community mortgage, land swapping, land assembly or consolidation, land banking, donation to the Government, joint-venture agreement, negotiated purchase, and expropriation: Provided, however, That expropriation shall be resorted to only when other models of acquisition have been exhausted;

The modes of land acquisition may be resorted to in any order. Pursuant thereto, expropriation may be availed of without exhausting the other modes. Land acquisition for socialized housing only requires a deposit of ten percent of the market value as indicated in the latest tax declaration.

Balanced Housing Development (sec. 18)The Program shall include a system to be

specified in the Framework plan whereby developers of proposed subdivision projects shall be required to develop an area for socialized housing equivalent to at least twenty percent (20%) of the total subdivision area or total subdivision project cost, at the option of the developer, within the same city or municipality, whenever feasible, and in accordance with the standards set by the Housing and Land Use Regulatory Board and other existing laws. The balanced housing development as herein required may also be complied with by the developers concerned in any of the following manner: 

(a) Development of new settlement; 

(b) Slum upgrading or renewal of areas for priority development either through zonal improvement programs or slum improvement and resettlement programs; 

(c) Joint-venture projects with either the local government units or any of the housing agencies; or 

(d) Participation in the community mortgage program. 

Developers of subdivision projects shall be required to develop an area for socialized housing equivalent to at least 20% of the total subdivision area or total subdivision project cost, at the option of the developer. However, such option must be made manifest in its application for the project. Furthermore, the said 20% compliance must be within the same city or municipality. Only when the developer has substantially proven that such compliance is not feasible in the same city or municipality can such compliance be made outside thereof. However, said compliance must be made in the adjacent city or municipality where the project is to be undertaken. In no case shall compliance be outside, unless approved by the local Sanggunian and only after a favorable recommendation from the Local Housing Board or similar office. For such purpose, all concerned LGUs are mandated to create their respective housing boards.

Addendum to sec. 28 (Eviction & Demolition Protocol)

In the execution of eviction or demolition orders involving the underprivileged and homeless citizens, whether initiated by the government or private individuals, the following shall be mandatory:

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(9) Clearnce from the Presidential Commission for the Urban Poor

New safeguard provision for ejectment cases

When the execution involves the eviction of underprivileged and homeless citizens or the demolition of their houses, the decision of the Regional Trial Court shall not be considered as final and executory unless the urban poor defendants no longer choose to elevate the case to a higher court (i.e. Court of Appeals). Furthermore, said defendants shall be exempt from posting the supersedeas bond as required under Rule 70 of the Rules of Civil Procedure on Ejectment.