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Pre-Proclamation Process

Pre-Proclamation Process. MYLENE A. RIVERA Director, Pre-Proclamation Group. Asset Reform Program.

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Pre-Proclamation Process

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  1. Pre-Proclamation Process MYLENE A. RIVERA Director, Pre-Proclamation Group

  2. Asset Reform Program • Aims to provide tenure security to poor and informal settler families, through the issuance of Presidential Proclamations that declare parcels of government land as socialized housing sites, open for disposition to qualified beneficiaries • 115 proclamations/Presidential issuances since 2001, comprised of 27,286 hectares of land estimated to benefit 270,000 beneficiaries • ARP evolved to include proclamation of land for government employees housing

  3. Legal Basis • Public Lands Act (CA 141) : gave authority to the President to identify and dispose alienable and disposable (A&D) public land • UDHA (RA 7279): orders LGU to identify lands suitable for socialized housing purposes in coordination with NHA, NAMRIA, HLURB • EO 131 s. 2002: expanded coverage of lands previously exempted from UDHA coverage

  4. Requirements for CSW MO 68 s. 14 Sept 2004: requires complete staff work (CSW) and attachment of the following information in all requests for Presidential Proclamation/issuances: Justification Legal Basis Agencies Involved Coordination with Agencies – comments/recommendation duly signed by the Department Secretaries or Heads of Agencies * Potential Problems Fund Availability Draft Action Document – a draft of the Proclamation. MC 157 s. 15 July 2008: specifies the process, guidelines and timeframe in the conduct of complete staff work (CSW) on proposed sites for proclamation

  5. MC 157: Salient Features HUDCC as clearing house of all requests for proclamation Specifies the requirements, processes and timeframe for the evaluation and CSW by concerned agencies; Harmonizes the roles and collaboration of concerned agencies, particularly the HUDCCand the DENR in the processing of proposed proclamations for housing sites; Encourages the LGUs to be the primary actor in the identification of areas for proclamation as socialized housing sites and in curtailing new occupation and invasion of public and government lands by informal settlers in accordance with the provisions of the UDHA and related policies. Joint evaluation through the creation of a Pre-Proclamation Committee (PPC).

  6. The Pre-proclamation Committee (PPC) * other agencies to be included in the PPC as maybe necessary

  7. Functions of the PPC • Conduct joint site inspection and evaluation of proposed area; • Conduct meetings and coordinate with proponents to assist them in the requirements for the proposed proclamation; • Identify issues and concerns regarding proposed project and facilitate resolution of issues; • Facilitate issuance of concurrences or comments by respective heads of agencies;

  8. PROCESSFLOW FOR PROCESSING OF HOUSING PROCLAMATIONS I. SCREENING • 1. Proponent submits letter request for proclamation to HUDCC. • HUDCC shall conduct screening/initial evaluationof the request. • HUDCC coordinates with the proponent, land owner/administrator and the LGU to evaluate the feasibility of the proposal within 15 days; • HUDCC advises and assists proponent in completing required documents* for evaluation; • HUDCC writes the concerned DENR-CENRO for land status verification of the requested area; Initial Screening

  9. Required Attachments for Initial Evaluation/ Land Status Verification*: 1.Copy of title (if available) 2. Sketch Map with Lot Identification, duly signed by a licensed Geodetic Engineer (or boundary survey if available or as maybe necessary) 3. Certification that the requesting organization is a legitimate HOA or a duly recognized association occupying the proposed site: Certification from any of the following offices: LGU’s Urban Poor Affairs Office (UPAO) or PCUP or HLURB 4. List of Actual Occupants or Target ISF Beneficiaries certified by UPAO of concerned city/municipality (list names of head of family only) Additional requirements if property is untitled (if applicable): 5. Lot No. and Cadastral No. 6. Certification from DAR-MARO that that CLOA has not been issued in subject area (If applicable or in areas with DAR programs) 7. Certification from Municipal Trial Court (MTC) or Regional Trial Court (RTC) that there is no pending application for judicial titling 8. Certification from Land Registration Authority of no decree or title issued 9. Certification from NCIP that land is not covered by an ancestral domain claim If applicable (in areas with known IP claims)

  10. 3. DENR shall conduct land status verification, review of submitted sketch map and boundary description and submit report to the DENR-PENRO within 5 days; • DENR CENRO and PENRO within 5 days each • DENR Regional Office within 15 days. • DENR Regional Office shall provide HUDCC the Land Verification Survey Report (LVSR). • If the land is classified to alienable and disposable (not timberland /protected area) or without adverse claims, HUDCC shall proceed with the conduct of complete staff work (CSW). • However, if subject area is found not feasible for proclamation, HUDCC shall prepare corresponding reply to the proponent and advise/ alternative action. Land Status Verification

  11. II . EVALUATION • 4. HUDCC shall convene the Pre-proclamation Committee (PPC)within 10 days upon receipt of the LVSR. • The PPC conductsjoint site inspection and meetings. • The PPC should identify issues and concerns related to the proposed site for proclamation and propose/recommend possible solution to the issues identified. • 5. The PPC prepares aJoint Investigation Report (PPC Checklist) and submit the same to their respective agencies/regional offices within 15 days after the joint site investigation. Joint Evaluation by the PPC

  12. For issues that cannot be resolved at the level of the PPC which will require top level decision or intervention, the PPC shall elevate the matter to the HUDCC Central Office. • HUDCC convenes meetings with the offices of concerned government agencies as deemed necessary to facilitate the decision/ resolution of issues. Resolution of Issues and Concerns

  13. 6. DPWH and DOH Regional Offices(and other agency members of the PPC) shall submit their endorsement (or comments) to HUDCC Central Office and their respective central offices within 10 days. • If the proposed site is found not suitable for proclamation as housing site, HUDCC shall coordinate with the proponent and concerned LGU and agencies for appropriate action. • 7. DOH and DPWH Central offices (Secretary level), shall forward to HUDCC their clearance/endorsement or comments (denial) within 15 days. Completion of CSW Requirements

  14. 8. Upon completion of all requirements for CSW, HUDCC shall forward the proposed proclamation to the DENR Regional Office. 9. DENR Regional Office shall prepare and submit the requisite CSW Report to DENR Central Office within 15 days; copy furnished the HUDCC Central Office. 10. DENR Central Office shall complete its review and endorse the proposed proclamation to the Office of the President within 30 days. Submission to OP by DENR

  15. Initial Screening & Land Verification 15 days N Y HUDCC replies to proponent PPC Evaluation 20 days Endorsement of concerned agencies (DPWH, DOH) 15 days 5 days CSW Report by HUDCC N Y Review by DENR Regional Office HUDCC replies to proponent 15 days Review by DENR Central Office 30 days Submission to OP by DENR 5 days SUMMARY FLOWCHART FOR PROCESSING OF HOUSING PROCLAMATIONS Total: 105 working days (4 months)

  16. Issues & Concerns • Some sites occupied by ISFs are not suitable for proclamation or as housing site. • environmental/ technical limitation: area not suitable for habitation; geo-hazard area • land has legal issues: • Non-concurrence of land owner to disposition of the land. • AFP & PNP Camps/ reservation

  17. Proposal • LGUs to identify other vacant public/ government lands for proclamation as relocation site with mixed-use development;

  18. For questions, contact: Dir. Mylene A. Rivera Pre-Proclamation Group (02) 817-8964

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