M a n i l a
PRESIDENTIAL DECREE No. 1808
DIRECTING THE CANCELLATION OF AWARDS, CONTRACTS OF SALE, TITLES OF LOTS WITHIN THE AGNO-LEVERIZA TENANT ASSOCIATION SUBDIVISION AND THE RECONVEYANCE OF THE SAME TO THE GOVERNMENT UPON PAYMENT OF JUST COMPENSATION AND ORDERING THE EXPROPRIATION OF VACANT LOTS ADJACENT THERETO WHICH ARE COVERED BY TRANSFER CERTIFICATE OF TITLES NOS. 70406, 31713, 132081 AND 134314 ALL SITUATED AT MALATE, MANILA FOR UPGRADING UNDER THE ZONAL IMPROVEMENT PROGRAM (ZIP) AND THE DISPOSAL OF LOTS GENERATED THEREIN TO THEIR PRESENT BONA-FIDE OCCUPANTS AND OTHER QUALIFIED SQUATTER FAMILIES AND AUTHORIZING THE APPROPRIATION OF FUNDS FOR THE PURPOSE
WHEREAS, the government has adopted and implemented the announced policy that slum improvement and resettlement, otherwise known as upgrading of sites and services, is an accepted approach to meeting the housing needs and the primary strategy in dealing with slums and other blighted communities;lawphil.net
WHEREAS, under Proclamation No. 1976, portion of Lot 62 and Lot 76, both of Block 573 of the Cadastral Survey of Manila which were developed into the Agno-Leveriza Tenant Association (ALTA) Subdivision by the City of Manila pursuant to Republic Act No. 4145, was identified as depressed area for priority development (APD) under the Zonal Improvement Program;
WHEREAS, Republic Act No. 4145 did not resolve the land tenure problem in the area to the extent that non-resident awardees have to eject bona fide residents in order to acquire physical possession of their awarded lots, and an extensive displacement of structures of resident families has to be undertaken to allow each awardee resident family to have physical possession of the awarded lot;
WHEREAS, there is an urgent need to resolve the land tenure problem in the Agno-Leveriza area to allow the implementation of the comprehensive development plans for this depressed community as provided under the Zonal Improvement Program;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the constitution, do hereby order and decree:
Section 1. The National Housing Authority is designated Administrator of the National Government and upon effecting the refund as provided for in Section 3 hereof is hereby authorized and directed to immediately take possession, control and disposition of the above-described ALTA Subdivision and to develop it in accordance with the provisions of the national SIR and Metro Manila ZIP Programs.
Section 2. The awards, conditional contracts to sell, deeds of sale, and other contracts leading to the conveyance of lots executed by virtue of Republic Act No. 4145 of the City of Manila are hereby canceled and revoked, and the corresponding Transfer Certificates of Title and those derived therefrom and issued pursuant thereto are hereby deemed canceled, and the ownership of the lots covered thereby reverted back to the Government, if the awardee, purchaser or his successor-in-interest is a non-resident and, therefore, not in actual physical possession of the lot so awarded or sold.
Section 3. The National Housing Authority shall refund to all lot awardees of the ALTA Subdivision who are still paying installments to the City of Manila the amounts they have paid with interest thereon at twelve percent (12%) per annum. The awardee-claimant shall present to the NHA a certification from the City Treasurer of Manila indicating the total amount paid by them including land taxes.
The National Housing Authority shall pay those who have fully paid their obligations to the City of Manila under their respective contracts on or before the issuance of this Decree or their successor-in-interest the just compensation of their lots in accordance with PD No. 1533.
The National Housing Authority shall effect the refund or payment directly or by depositing it with the Philippine National Bank.
The Philippine National Bank is hereby directed to accept the aforesaid deposits in trust from the awardee/purchasers-claimants.
Section 4. The Register of Deeds of Manila is hereby directed to cancel in its registry books the Transfer Certificates of Title canceled under Section 2 hereof and to issue in lieu thereof new titles in the name of the Republic of the Philippines with the NHA as the Administrator without the necessity of a court declaration.
Section 5. The National Housing Authority is also directed to expropriate the vacant lots of private ownership adjoining the said ALTA Subdivision which are covered by Transfer Certificate of Titles Nos. 70406, 31710, 132081, and 134314, all situated at Malate, Manila, having been identified as a blighted area and included not only in the ZIP established under Metro Manila Executive Order No. 6-77 pursuant to LOI 555, as amended by LOI 686, but also as an Area for Priority Development (APD) under Proclamation No. 1967.
Section 6. The National Housing Authority, as lead agency in the implementation of ZIP, with the assistance of the Mayor of Manila and in consultation with the Metro Manila Commission, shall evolve, prepare and implement a comprehensive development plan which shall consider the upgrading of existing dwelling units, the relocation of qualified squatter families to a resettlement area nearby; and the reblocking, rearrangement and realignment of existing dwelling and other structures to allow for the introduction of basic facilities and services, all in accordance with the provision of the national SIR and Metro Manila ZIP Programs. The Authority shall maximize the land use of the area and shall provide for a controlled, orderly and structured growth of dwellings in an environment provided with adequate sanitary and other physical facilities. The Authority shall also adopt rules and regulations governing the disposition and award of lots in the area consistent with the provisions of LOI's 555 and 557, as amended.
Section 7. The development of the area shall be undertaken by the National Housing Authority and other relevant agencies according to the funding arrangements and design standards agreed between the Government of the Philippines and the International Bank for Reconstruction and Development as part of the Third Urban Development Project. Funds invested in the project shall be properly recovered according to the provisions of LOI's 555 and 557, as amended. Land tenure shall be consistent with that defined by LOI 555, as amended. The selling price of the land shall be fixed at a per square meter cost established to recover the expropriation cost and such other development costs which are chargeable to the beneficiaries as provided by LOI 555, as amended or such other amount as deemed appropriate in accordance with the cost recovery arrangements agreed with the IBRD under the Third Urban Development Loan.
The provisions of Sections 6 and 7 shall govern the development and disposition of Lot 21-B of Block 610 also in the Agno-Leveriza area.
Section 8. The amount required to finance the components of the development plan shall be appropriated from funds made available to the Authority as part of the Third Urban Development Project. The Authority will undertake a one (1) year development program for the project under the Zonal Improvement Program. Funds to support the expropriation of the above property and to refund installments payments by awardees shall similarly be made available.
Section 9. The Ministry of the Budget shall make available to the National Housing Authority all appropriations according to the provisions of the program to be evolved and implemented by the Authority for the area.
Section 10. The amounts appropriated under this Decree are to be recovered from the beneficiaries of the development project in accordance with LOI 555, as amended. In consideration of the disposition and grant of benefits under this decree, payment by beneficiaries shall be made religiously and after a grace period of three (3) months, failure to pay or update dues and/or amortizations shall cause the summary ejection by the Authority of the violators from the lots allotted them without the need of a court order and will not subject its duly authorized representatives to any civil or criminal liability. Furthermore, the ejected beneficiary shall be treated as a mere squatter on the premises with all the force of law applied upon him and with no further right to the benefits of this Decree. This provision shall be embodied in the agreement between the Authority and the beneficiaries.
Section 11. The decisions, rulings, orders or resolutions of the Authority relative to the disposition of the lots or dwelling units or such rights acquired hereunder, or the ejection of delinquent beneficiaries cannot be the subject of judicial review and shall be final, unless appealed to the Office of the President within thirty (30) days from receipt of such decisions. Rulings, orders or resolutions if within sixty (60) days from notice of appeal the said office has not reversed nor modified the same, shall be deemed affirmed.
Section 12. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of January, in the year of Our Lord, nineteen hundred and eighty-one.
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