dilg mc2008_143 creation of local housing boards

Upload: bongski-ballaho

Post on 07-Apr-2018

273 views

Category:

Documents


1 download

TRANSCRIPT

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    1/18

    ~i') 1~

    I

    " ,

    Republic of the PhilippinesDEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENTA. Francisco Gold Condominium II, EDSA, Diliman, Quezon City

    SeptBtibe~ 1 9 , 2 0 0 8M E M O R A N D U M C IR C U L A RN O .TO CITY MAYORS, MUNICIPAL MAYORS, MEMBERS OF THE SANGGUNIANGPANLUNGSOD AND SANGGUNIANG BAYAN AND DILG REGIONALDIRECTORS

    CREATIONOF LOCAL HOUSINGBOARDSUBJECT

    Legal Basis and AuthoritySection 3, Executive Order No, 708, s. 2008, titled, Amending Executive Order No.152, Series of 2002, And Devolving The Function Of The Presidential Commission For The

    Urban Poor As The Clearing House For The Conduct Of Demolition And Eviction ActivitiesInvolving The Homeless And Underprivileged Citizens To The Respective Local GovernmentUnits (LGUs) Having Territorial Jurisdiction Over The Proposed Demolition And EvictionActivities Of Government Agencies, quote:

    Section 3. Guidelines in the enactment of ordinance. - TheDepartment of Interior and Local Government (DILG)is hereby ordered toissue the necessary guidelines for the enactment of ordinances creatingLocal Housing Boards or any similar body to Local Government Units (LGUs)within six (6) months from the effectivity of this Executive Order. The PCUPshall assist the Local Government Units in enacting the ordinances inwhatever capacity they can provide within the same period.Purpose

    To provide guidelines relative to the creation of local housing boards or similarbodies, and on related matters.Coverage

    Cities and municipalities outside of the Autonomous Region in MuslimMindanao, withinformal settlers in (a) danger areas such as esteros, railroad tracks, garbage dumps,landfills, creeks, riverbanks, shorelines, waterways; (b) public places such as sidewalks,public cemeteries, roads, parks and playgrounds; and (c) government projects, are coveredby this Memorandum Circular.Local Housing Board:Composition and FunctionsA. CompositionThe Local Housing Board, hereinafter referred to as Board, shall be headed by theCityMayor or Municipal Mayor, with the following as members:1. Chairperson, Sanggunian Committee on Housing and Urban Development or itsequivalent;2. City or Municipal Planning and Development Coordinator;3. City or Municipal Engineer;

    ~

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    2/18

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    3/18

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    4/18

    In any of the circumstances specified above, the members of the PNP tapped toprovide police assistance must be in proper uniform and in appropriate cases, carry withthem the necessary documents supporting the provision of police action or assistance.The provisions of the above notwithstanding, the request for police assistance shallstill be subject to the pertinent guidelines and regulations of the Philippine NationalPolice.

    Enactment of an Ordinance1. Within one (1) month from date of effectivity of this Circular, every City Mayorand Municipal Mayor shall cause the creation of the Board, through an appropriateordinance.2. An ordinance on the creation of the Board is a prerequisite before any city ormunicipal government can conduct its clearinghouse function.3. In the enactment of such ordinance, coordination with the office of thePresidential Commission for the Urban Poor is encouraged.4. For an existing City or Municipal Local Housing Board, an amendment of theordinance creating the same shall be enacted to conform with the aboveguidelines without necessary altering the original composition of the Board.5. A proposed ordinance is hereto_attached as Annex D, for reference.

    Exemption ClauseThe compliance certificate requirement shall not cover court-ordered evictions anddemolitions. As such, the concerned courts or their officers shall not be required to applyfor compliance certifications, pursuant to Section 2 of the Implementing Guidelines ofExecutive Order No. 152, s. 2002.

    SanctionsFailure to comply with the statutory requirements as stated in this

    Memorandum Circular, or any act of misrepresentation or fraud in connection withany information contained in any verification report or any application forcertificate of compliance or in securing the same, shall subject the governmentofficials or employees responsible for such omission, misrepresentation or fraud to:

    1. Disciplinary action under Book I, Title Two, Chapter 4 of the LocalGovernment Code; or

    2. Prosecution under the penalty clause of Republic Act No. 7279, quote:Section 45. Penalty Clause. - Any person who violates any

    provision of this Act shall be imposed the penalty of not morethan six (6) years of imprisonment or a fine of not less than Fivethousand pesos (P5 ,OOO) but not more than One hundred thousandpesos (P100,OOO),or both, at the discretion of the court xxx .

    Responsibility of the DILGRegional DirectorsAll DlLG Regional Directors are directed to: (a) cause the immediate and widestdissemination of this Memorandum Circular to all concerned City and MunicipalGovernments within their regional assignments; and (b) submit quarterly reports regarding.applications for certificates of compliance and eviction and demolition activities ascovered by the Local Housing Boards within their regional assignments.

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    5/18

    ..~.

    "Responsibility of theBureau of Local Government SupervisionThe BLGSshall furnish quarterly reports to the Presidential Commission for the UrbanPoor and shall closely coordinate with the same agency, the National Housing Authorityand other government agencies concerned to assess the implementation of this Circular.

    EffectivityThisMemorandum Circular shall take effect immediately.

    ~RONALDOv . P J 1 ~SecretaryrR~ofIMl~l1n@DePAlt1'Nlbff0f" 'THI!II'TliNOfltAY) LotAl.oc:r"'",IN RPl '1 ' rNO, P\.S mt:SILG080021891 1 1 1 1 1 1 ~ l g l l H m l l l l l O l l l l ~ 1

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    6/18

    \.. .. . : Annex A-1Republic of the PhilippinesProvince of _City/Municipality of _

    LOCAL HOUSING BOARDAPPLICATION FOR CERTIFICATE OF COMPLIANCE

    FOR ADMINISTRATIVE DEMOLITION AND EVICTIONPursuant to Executive Order No. 708 s. 2008

    Name of Proponent: _ContactPerson: __Official Designation: _Official Address: _Telephone Numberls: _

    Purpose of Clearing: ~Duration of Clearing OperationExpected Starting Date of Clearing: __ -:--":"""":""-:-- _Expected Day of Completion of Clearing Activities:. _Location/Address of Affected Families:----------------Checklist of Documents to be Attached to this Application(Based on Pertinent Provisions of IRR of Sec 28 UDHA)DAnnex 1 Masterlist of underprivileged and homeless beneficiaries (include

    full maiden name of spouse and basis for underprivileged andhomeless status)D Annex 2 Minutes and attendance of consultation meeting/s conducted(include three (3) notices of meetings and three (3) notices ofmeeting receiptsoAnnex 3 Copies of all Notice of Demolition issued to all affected familiesbearing acknowledgment receiptsCertified Photocopy of Title, as may be appropriateTax Declaration or Tax Receipt, as may be appropriateLocation Plan or Vicinity Map showing the boundary and illegalconstructionsPictures of the AreaCertification from LGU or other concerned agency that the area isincluded in the list of danger areas and public areas that are subjectfor clearing, orDAnnex 8 Certification from LGU or other concerned agency that the area isthe site of an infrastructure project with available funding and shallcommence within sixty (60) days after clearing of the said area, ifapplicableProposed Development Plan of the property to be clearedAffidavit and/or copy of MOA of negotiated and voluntarydismantling with Board Resolution designating People'sOrganization's representatives, as may be appropriateCertification of Availability of Resettlement/RelocationDevelopment Plan of relocation site

    ,"J 'J1 1 , I

    Annex 4Annex 5Annex 6E J Annex 7Annex 8

    E J Annex 9Annex 10DAnnex 11DAnnex 12Endorsed/Subm iUed by: -:---:----:----:-=-=--:-:--:--:--=----:-----:-:=--_-----,-Authorized Official of the Project ProponentDate Received: _ Time: _Received by: ---:- ---::--:-_:-:-:-_

    (Signature over Printed Name)

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    7/18

    Annex A-1(Page 2)

    I attest to the completeness and truthfulness of the foregoing. This is for thepurpose of applying for a compliance certificate from the Local Housing Board foradministrative demolition and eviction activities.IN WITNESS WHEREOF, hereby affix my signature this __ day of_______ ,200__ ,at _

    ApplicanUContact Person

    SUBSCRIBED AND SWORN BEFORE me by the ApplicanUContact Personthis ~ day of __ , 200__ in , and who personally exhibited to mehis/her Community Tax Certificate No. issued at- on _

    IN WITNESS WHEREOF, I hereby affix my signature and seal this ~ dayof ,200__ at __

    NOTARY PUBLIC

    .. .~~

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    8/18

    / Annex A-2Republic of the PhilippinesProvince of _

    City/Municipality of _LOCAL HOUSING BOARD

    APPLICATION FOR CERTIFICATE OF COMPLIANCEFOR SUMMARY DEMOLITION AND EVICTIONPursuant to Executive Order No. 708 s. 2008

    Name of Proponent: _ContactPerson: __Official Designation: _Official Address: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -elephone Numberls: _Duration of Clearing OperationExpected Starting Date of Clearing: _Expected Day of Completion of Clearing Activities: _Location/Address of Affected Families:-------Number of Affected Families: -------------------------Endorsed/Submitted by: - = - - - : - _

    Authorized Official of the Project Proponent

    Checklist of Documents to be Attached to this Application(Based on Pertinent Provisions of IRR of Sec 27 UDHA)oAnnex 1 List of Affected Families with Addresses or Location[Jnnex 2 Sample Notices of Summary Eviction and Demolition given to

    Affected FamiliesoAnnex 3 Grounds Constituting the Basis for the Summary Eviction andDemolitionoAnnex 4 Certification that the Affected Persons are not included in the List ofPotential Socialized Housing Beneficiaries as provided by Section 17UDHAo Annex 5 Other Supporting Proofs or Evidences relative to Annex 4Requirement

    Date Received: _ Time: _

    Received by: _(Signature over Printed Name)

    ",.1

    I

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    9/18

    //,

    Annex A-2(Page 2)

    I attest to the completeness and truthfulness of the foregoing. This is for thepurpose of applying for a compliance certificate from the Local Housing Board forsummary demolition and eviction activities.IN WITNESS WHEREOF, hereby affix my signature this __ day of_______ ,200__.at _

    ApplicanUContact Person

    SUBSCRIBED AND SWORN BEFORE me by the ApplicanUContact Personthis __ day of __ , 200__ in , and who personally exhibited to mehis/her Community Tax Certificate No. issued at_____________ on __IN WITNESS WHEREOF, I hereby affix my signature and seal this __ dayof ,200__ at __

    NOTARY PUBLIC

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    10/18

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    11/18

    ,I/

    /

    (For Summary Demolition and Eviction)DAnnex 1 List of Affected Families with Addresses or LocationD Annex 2 Sample Notices of Summary Eviction and Demolition given toAffected Familieso Annex 3

    o Annex 4Grounds Constituting the Basis for the Summary Eviction andDemolitionCertification that the Affected Persons are not included in the List ofPotential Socialized Housing Beneficiaries as provided by Section17 UDHAo Annex 5 Other Supporting Proofs or Evidences relative to Annex 4Requirement

    [" " - - - - " ' - - - - - - - - - - - - ~ . - . - ~ - - . - - . - - - - - - - . - . - - - - - - - - - ' - - - - - . - - - - J - .B. Issuance of 30-Day NoticeWritten Notices to Affected PersonsPosters Displayed Conspicuously in the CommunityWritten Notices & Posters with Stated Reasons for DemolitionC. Conduct of Consultation Meetings[JConsultation Meetings Conducted, Including Two (2) Feedback Meetings Within20 Days from the Issuance of the Notice of DemolitionE J Majority of Affected Families ConsultedParticipating Agencies:1. Local Government Units

    City/Municipality Administrator's OfficeLegal Officer- Engineer's OfficeHousing Office.- Social Welfare Office

    r-- Local PNPf---L--. Barangay Officials2. National Government Agencies

    Presidential Commission for the Urban PoorHousing and Urban Development Coordinating CouncilNational Housing AuthorityOthers: __

    3. Non-Government Organizations/People's Organizations:

    4.0thers: __

    D. Adequate RelocationfReseUlement Areao Permanent 0emporaryLocation: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -AreaTotal Generated Lots: Average Lot Area: _Project Cost:Funding Source: _

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    12/18

    // Annex B

    Page 3Basic Services and Facilities Present

    ~

    Potable WaterPower and Electricity and Adequate Power Distribution SystemSewerage Facil ities and an Efficient and Adequate Solid Waste Disposal SystemAccessible to Primary/Major Roads and Transportation Facilities

    Other Basic Services/FacilitiesoHealthCI Security D Educationl _ J OthersEconomic Opportunities Present in the Area:

    ---~-----.~ ~------.E. Financial Assistance (in the absence of a'resettlement site)Total Financial Assistance Released: _Amount Released Per Beneficiary: _Funding Source: _------------------------"--------------.~--"---'--"--.-'-l. Remarks/Recommendalions: I

    \

    Prepared and Submitted by:

    (Signature over printed name)Date Submitted: _

    Noted by:

    Chairman, Local Housing Board

    -_ . . . ._

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    13/18

    Annex C-1Republic of the PhilippinesProvince of _

    City/Municipality of _LOCAL HOUSING BOARD

    CERTIFICATE OF COMPLIANCE ON DEMOLITIONPursuant to Executive Order No. 708 s. 2008, "Amending Executive O rder No.

    1 5 2, S erie s of 2002, And Devolv ing The Function O f The P r es id en ti al Commission For TheUrbon P oor As The C learing House For The Conduct Of D em olition A nd Eviction ActivitiesIn vo lvin g T he H om ele ss A nd U nd erp rivile ge d C itizens T o T he R espective Local GovernmentU nits (LG Us) H aving T erritoria l Jurisdiction O ver The P roposed Demolition And EvictionActivities Of Gov ernmen t Agencies, this Certificate of Compliance is hereby issued tothe

    Name of proponentfor the administrative demolition of structures within

    Location

    Said proponent has complied with the requirements of "Just and HumaneDemolition and Eviction" prescribed under Section 28, pre-relocation phase ofRepublic Act No. 7279 or the Urban Development and Housing Act of 1992.

    Further, this Certificate authorizes police assistance to the herein proponent.This Certificate of Compliance shall be valid within sixty (60) days from the

    scheduled date of demolition as stipulated in the Notice of Demolition issued by thesaid proponent.

    Issued this day , 200_ at ' Philippines.

    Chairman, Local Housing Board

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    14/18

    Annex C-2

    Pursuant to Executive Order No. 708 s. 2008, "Amending Executive Order No.152, Series of 2002, And Devolving The Function Of The Presidential Commission For TheUrban Poor As The Clearing House For The Conduct O f Demolit ion And Eviction Activit iesInvolving The Homeless And Underprivileged Citizens To The Respective Local GovernmentUnits (LGUs) Having Territorial Jurisdiction Over The Proposed Demolition And EvictionActivit ies Of Government Agencies, this Certificate of Compliance is hereby issued tothe

    //./

    Republic of the PhilippinesProvince of _City/Municipality of _LOCAL HOUSING BOARD

    CERTIFICATE OF COMPLIANCE ON DEMOLITION

    Name of Proponentfor the summary demolition of structures within

    Location

    Said proponent has complied with the requirements prescribed under Section27, pre-eviction and demolition phase of Republic Act 7279 or the UrbanDevelopment and Housing Act of 1992.Further, this Certificate authorizes police assistance to the herein proponent.This Certificate of Compliance shall be valid within fifteen (15) days from thescheduled date of demolition as stipulated in the Notice of Demolition issued by thesaid proponent.Issued this day , 200 at , Philippines.

    Chairman, Local Housing Board

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    15/18

    Introduced by Councilor _

    Annex D ~.(~o'f :Republic of the PhilippinesProvince of ------------City/Municipality of _

    . ~--'

    OFFICEOFTHE SANGGUNIANGPANLUNGSOD/BAYANORDINANCENO. _

    AN ORDINANCE CREATING THE CITY/MUNICIPAL HOUSING BOARD,DEFINING ITS CLEARINGHOUSE FUNCTIONS PURSUANT TO EXECUTIVE ORDER NO.708, S. 2008, AND FOROTHERPURPOSES

    BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD/BAYAN OF IN ASESSIONASSEMBLEDTHAT:Section 1. Creation - Pursuant to Executive Order No. 708, s. 2008, there is herebycreated a local housing board which shall be called as the " ,City/Municipal Housing Board."Section 2. Composition - The City/Municipal Housing Board, which shallhereinafter be referred to as the "Board," shall be composed of the following:

    ChairpersonMembers : : City or Municipal Mayor

    1 . Chairperson, Sanggunian Committee on Housing and Urban Development orits equivalent; 1

    2. City or Municipal Planning and Development Coordinator;3. City or Municipal Engineer;4. A representative from the Presidential Commission for the Urban Poor;5. A representative of a duly accredited People's Organization and operating

    in the city or municipality. Provided, that a People's Organization which isalready represented in the Local Development Council may be concurrentlyrepresented in the Board; and6. A representative of a SECregistered and duly accredited Non-GovernmentalOrganization and operating in the city or municipality. Provided, that aNon-Governmental Organization which is already represented in LocalDevelopment Council may be concurrently represented in the Board.

    Section 3. Powers and Functions. - As the sole clearing house for eviction anddemolition activities concerning informal settlers in danger areas, public places andgovernment projects, the Board shall exercise the following powers and functions:

    1. Monitor all evictions and demolitions, whether voluntary, extra-judicial,summary, or court-ordered;2. Require the proponent of eviction and demolition, i.e., national government

    department, agency, institution or local government, or its duly authorizedrepresentative, to first secure from the Board the Checklist, Guidelines andEviction and Demolition Compliance Certificate prior to the actualimplementation thereof and, thereafter, to submit to the Board the completedChecklist, attested to under oath by the proponent and indicating that:

    (a) Adequate consultations with the affected families were undertaken;(b) Adequate resettlement site and relocation facilities are made available;

    and(c) The provisions of Section 3, paragraph 1 of the Implementing Rules and

    Regulations of Section 28 of Republic Act No. 7279 (Pre-relocation)have been complied with; and

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    16/18

    In the case of a summ ary eviction and dem olition, the proponent sha ll likew iseob ta in an applica tion for certifica te of compliance. Provided, tha t the sa idapplica tion shall be subm itted a t least seven (7) working days prior to theconduct of the sam e, pursuant to the rules on summary demolitions. H owever,in the event tha t the affected persons are found to be among those sub ject toadm inistra tive eviction or dem olition, the Board shall im media tely inform theproponent and require the proper applica tion for certifica te of com plia nce.

    //S ection 4. Applica tion for an Eviction A nd D emolition Compliance Certifica te -Every proponent of an extra judicia l eviction and dem olition, whether adm inistra tive orsummary, sha ll, prior to actua l eviction and demolition, secure a ComplianceCertifica te from the Board. The process of applying for the sa id certifica te sha ll be asfol lows:

    1 . In the case of an adm inistra tive eviction and demolition involving theunderprivileged and homeless, the proponent sha ll ob ta in from the Board, theproper applica tion form for certifica te of compliance and subm it the sametogether with the required docum ents a s listed in the appropria te Checklist a tleast fifteen working (15) days prior to the actua l conduct of eviction anddemolition.

    In the ca se of a voluntary eviction and dem olition, the proponent sha ll ob ta infrom the Boa rd, the proper applica tion for certifica te of compliance andsubm it the same together w ith the required documents as listed in theappropria te Checklist a t least fifteen working (15) days prior to the actua lconduct of e viction a nd dem olition.

    2 . If the applica tion is suffic ient in form and substance, the Board, uponverifica tion approves the applica tion, issues the proper certifica te ofc om plia nce a nd notifies the propone nt.

    3. The certifica tion sha ll indica te the name of the proponent, the purpose andloca tion of the area applied for eviction and demolition, a sta tem ent ofcompliance to the pertinent rules covering the eviction or demolition appliedfor, an authoriza tion or approval for the rendering of police assistance, va lidityperiod, the date of issuance, and the authorized S ignature.

    4. If the applica tion is incomplete in form and substance, the Board inform s theproponent and the la tter has to comply w ith the deficiency w ithin ten working(10) days from notifica tion, w ith the exception of a summary eviction anddemolition which shall be complied w ith within three (3) working days fromnotification.In the event tha t the deficiency is not complied w ith w ithin the periodsmentioned herein, the proponents sha ll be required to re-apply for a newcomp li an ce c er ti fi ca te .

    5. In cases where the Board issues a certifica tion or the proponent has a lreadycomplied w ith the deficient requirements for applica tion and thus acquired acertifica tion, the eviction and demolition will proceed as a matter of course. 'S ec. 5. A uthorized Police A ssistance - A proponent of an eviction and demolition,may be provided w ith duly authorized police assistance only upon prior compliancewith the sta tutory requirem ents under S ections 27, 28 and 30 of R epub lic A ct No. 7279and their im plementing rules and regula tions, checklist and compliance certifica terequirements, or w ith the written notice requirement when applicab le , a s certified ora uthorized by the B oard.

    In the ca se of a court-ordered dem olition, police assistance sha ll only be a llow edu nd er th e fo llo win g c irc um sta nc es :

    1 . In pursuance of any court order specifying police action or assistance;2 . In any case or event where voluntary eviction and dismantling of structuresa re agreed upon, in writing, by the concerned parties, and approved by theBoard;3. In the ca se of a loca l infrastructure project where police assistance is

    approved, in w riting, by the duly authorized officia l of the Boa rd;

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    17/18

    4. In the case of a national' infrastructure projects. Provided, however, that the, duly authorized official of the Board has approved the same in writing; and

    5. In any other case of eviction and demolition where police assistance isnecessary to preserve peace and order. Provided, however, that the dulyauthorized official of the Board has approved the same in writing.

    For purposes of the above, a written request by the sheriff for police assistancein the implementation of a court order or writ with certified copies of the said orderor writ annexed therein shall suffice for the police to render assistance withoutfurther need of obtaining the approval of the Board. In lieu of the approval of theBoard, the concerned PNPOfficer shall merely inform the Board in writing of the dateof eviction and demolition at least three (3) days prior to the actual conduct of thesame. The written notice shall contain copies of the sheriff's request for policeassistance, the order or writ to be implemented and other pertinent documents.

    In any of the circumstances specified above, the members of the PNPtapped toprovide police assistance must be in proper uniform and in appropriate cases, carrywith them the necessary documents supporting the provision of police action orassistance.

    The provisions of the above notwithstanding, the request for police assistanceshall still be subject to the pertinent guidelines and regulations of the PhilippineNational Police.Section 6. Oversight. - The Board shall, in coordination with other governmentagencies including the proponent, oversee the conduct of evictions and demolitions inaccordance with Sections 27, 28 and 30 of RA 7279 and their implementing rules andregulations.

    In the case of an extra-judicial eviction and demolition as defined in theimplementing guidelines of Executive Order No.152, s. 2002, the compliancecertificate applications shall constitute inputs for data-banking activities, and serve asadvance notice to ensure Board's presence or its representative during the conduct ofan eviction and demolition.

    In the case of a court-ordered eviction and demolition, the Board shallestablish the appropriate schemes to monitor the same in coordination with thepertinent government agencies.

    In monitoring the actual conduct of a demolition, the Board has to observe theconduct of an actual eviction and demolition and prepares a detailed report on thecompliance or non-compliance of said activity to Sections 27, 28 and 30 of RA 7279and their IRR.Section 7. Meeting and Quorum - The Board shall meet at least once a month or asoften as may be deemed necessary. The presence of the Chairman and the majority ofthe members of the Board shall constitute a quorum to transact official business.Section 8. Executive Committee - The Board shall create a three-member ExecutiveCommittee (ExeCom) from among its members to represent it and act in its behalfwhen it is not in session. The Mayor or his duly designated representative shall headthe Execom.Section 9_ Secretariat - The Board shall appoint at least two (2) staff who will act asSecretariat of the Board.Section 1D. Budget - The city imunicipal government shall appropriate at least onepercent (1%) of its annual Internal Revenue Allotment (IRA) for the operations andactivities of the Board.Section 11. Cooperation of Concerned Agencies. - The Board shall coordinate withall concerned government agencies, such as the Department of the Interior and LocalGovernment (DILG), Philippine National Police (PNP), department of Social Welfareand Development (DSWD), Department of Public Works and Highways (DPWH),Department of Health (DOH), Housing and urban Development coordinating council(HUDCC), the National Housing Authority (NHA), and the Presidential Commission forthe Urban Poor (PCUP)to ensure the effective and efficient implementation of thisOrdinance.

  • 8/6/2019 DILG MC2008_143 Creation of Local Housing Boards

    18/18

    ~,

    Sect ion 13. Pena lties - Failure to comply with the sta tutory requirements as sta ted inthis M em orandum Circular, or any act of m isrepresenta tion or fraud in connection withany information conta ined in any verifica tion report or any applica tion for certificateof compliance or in securing the same, shall subject the government officia ls orem ployees responsib le for such om ission, m isrepresentation or fraud to:

    G overnment (D IL G ), Philippine N a tiona l Police (PN P), departm ent of S ocia l W elfa reand D evelopment (D SWD ), D epartment of Public W orks and H ighways (DPWH ),Oepartrrient of H ealth (D OH ), H ousing and urban D evelopment coordinating council(H UD CC ), the N ationa l H ousing A uthority (N HA ), and the Presidentia l C om mission forthe Urban Poor (PCUP)to ensure the effective and efficien t implementa tion of thisOrdinance.S ection 12. S ubm ission of Periodic R eports. - The Board sha ll subm it quarterlyreports to the D epartment of the In terior and L oca l G overnment, through the D IL GR egional O ffice, rela tive to the status of compliance with the provisions of thisO rdinance and the pertinent provisions of laws governing eviction, demolition andr el oc ati on a ct iv iti es .

    1. D isciplina ry action under B ook I, T itle T wo, C hapter 4 of the L oca l G overnm entCode; or2. Prosecution under the penalty clause of R epublic A ct N o. 7279, quote:

    Section 45. Penalty Clause. - Any person who violates anyprovision of this Act sholl be imposed the penalty of not morethan six (6) years of jmpr~sonment or a fine of not less thanFive thousand pesos (P5,OOO) but not more than One hundredthousand pesos (P100,OOO), or both, at the discretion a t thecourt xxx ,

    S ection 14. R epea ling Clause - A ll ord inances and other city (municipa l issuances, orany part or pa rts thereof, which are inconsisten t w ith the provisions of tnis O rdinanceare hereby repealed or m odified accordingly.S ection 15, S eparability Clause. - S hould any provision of this O rdinance be declaredinva lid, the va lidity of the other provisions hereof sha ll be unaffected thereby.S ection 16 . Effectivity. - This O rdinance sha ll take effect upon its approva l.CERT IF IEDCORRECT :S ecreta ry to the S ang gunian

    AT IESTED :V ic e M a yo r

    L o ca l S a ng gu nia n M em be rs:

    APPROVED:C ity /Mu n ic ip al M a yo rD a te: __