Executive Order No. 465




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER No. 465 FURTHER AMENDING EXECUTIVE ORDER 70 DATED FEBRUARY 11, 2002 AS AMENDED BY EXECUTIVE ORDER 216 DATED JUNE 9, 2003 ENTITLED “DECLARING PORTIONS OF THE PROPERTY OF THE BASES CONVERSION AND DEVELOPMENT AUTHORITY LOCATED IN FORT BONIFACIO AND ITS ENVIRONS AS SOCIALIZED HOUSING SITES AND PROVIDING FOR THE DISPOSITION THEREOF TO QUALIFIED OCCUPANTS AND BENEFICIARIES”, CLARIFYING THE TRANSFER OF OWNERSHIP; AND ADMINISTRATION, AND DEFINING THE DUTIES AND ROLES OF THE IMPLEMENTING AGENCIES WHEREAS, pursuant to Section 7 of Republic Act (RA) 7227, as amended by RA 7917, the President issued Executive Order (EO) 40, s. 1992, transferring the ownership of certain Metro Manila military camps such as portions of Fort Bonifacio to the Bases Conversion and Development Authority (BCDA), and prioritizing the same for privatization and disposal; WHEREAS, pursuant to Section 8 (d) (3) of RA 7227 as amended by RA 7917, twelve percent (12%) of the proceeds from the sale of properties transferred to BCDA for disposition after deducting all expenses related thereto, shall be used to finance the National Shelter Program (NSP), the mass social housing projects and the concessional and long-term housing loan assistance for the underprivileged and homeless citizens; WHEREAS, EO 70, s. 2002, as amended by EO 216, s. 2003, transferred to the Housing and Urban Development Coordinating Council (HUDCC) the administration and control of certain properties in Fort Bonifacio owned by BCDA with a total area of 119 hectares for disposition to qualified residents; WHEREAS, due to prior institutional arrangements entered into by BCDA, the scope of EO 70 needs to be redefined to exclude the Pamayanang Diego Silang; WHEREAS, there is a need to transfer ownership of the properties subject of this EO to allow the recipient to effectively administer and dispose the properties transferred to it, for the purposes herein stated; WHEREAS, HUDCC recognizes that the properties transferred to it by virtue of EO 70, including buildings and improvements thereon, represent part of the contribution of BCDA to NSP; WHEREAS, there is a need to designate NHA as the lead implementing agency, to acquire ownership of the said property, and to be included as member of the Executive Committee formed under EO 70; NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines by virtue of the powers vested in me by law, do hereby order: SECTION 1. Sections 1, 2, 3, and 4 of EO 70 s. 2002 are hereby amended to read as follows: “SECTION 1. Declaration as Socialized Housing Sites with Mixed Use Development. In view of the need to address the socialized housing needs of informal settlers, to generate revenues to subsidize land development costs of the socialized housing areas, and to conform with land use zoning ordinances, the following BCDA properties in Fort Bonifacio and its environs are hereby declared as sites for socialized housing with mixed use development, and open for disposition to qualified occupants, beneficiaries and the general public: a) Lupang Katuparan (452, 917 sqm) Northwest Portion – Lot 2 of Pcs-00-007293 Southeast Portion – Lot 3 of Pcs-00-007293 b) Philippine Centennial Village (130,807 sqm) Developed Area – SWO-00-007607-001202-D Undeveloped Area – Boundary, Lots 11, 12, and 13 of SWO-00-001302 c) BHIT Park (350,000 sqm) The exact metes and bound of the BHIT Park area to be included in this Order shall be determined by BCDA. “This declaration shall include, in the case of Philippine Centennial Village, 1,140 residential units in 4-storey medium-rise buildings therein and in the case of Lupang Katuparan, the common areas, and the water and electrical facilities therein. “Pamayanang Diego Silang with an area of 23.86 hectares shall be excluded from the coverage of Executive Order No. 70 and shall remain under the ownership, management, and control of BCDA. “SECTION 2. Transfer of Ownership of Properties Covered under this Order to the National Housing Authority (NHA) as Lead Implementing Agency.1âwphi1 “The National Housing Authority is hereby designated as the lead implementing agency, and shall acquire ownership of the properties as provided in Section 1 of this Order. The BCDA and NHA shall execute the appropriate legal documents to perfect transfer of ownership of properties covered under this Order subject to such terms and conditions as may be mutually agreed upon by them. Within sixty (60) days from the effectivity of this Order, the HUDCC shall turn over to the NHA all monies, accounts and records of its administration of BCDA properties turned over to it by virtue of Executive Order No. 70. Furthermore, NHA shall be free from charges, imposition and other liabilities accruing on the properties to be transferred to NHA.” “SECTION 3. Executive Committee. An Executive Committee shall be created as the policy-making body in the implementation of this Order. It shall be composed of HUDCC as Chairman and the following as members: NHA, BCDA, DENR, PCUP, DND/AFP, the LGU of Taguig City, and the Congressional Representative of Taguig City. The Executive Committee shall have the following responsibilities: a. Provide the policies and guidelines for the implementation of this Order; and b. Define and delineate the roles and responsibilities of various government agencies, people’s organizations and individual beneficiaries in the implementation of this Order. “SECTION 4. Funding. The NHA shall formulate a budget to implement this Order taking into account the funding requirements for the various activities (e.g. social preparations, census and tagging, ground survey, mobilization, etc.) that must be undertaken in connection hereof. The Department of Budget and Management shall ensure the provision of the funding requirements of the Project, subject to existing laws, rules and regulations.” SECTION 2. The new Section 5 is hereby added to read as follows: “SECTION 5. The funds for the purchase of the subject properties shall be sourced from the twelve percent (12%) share of the National Shelter Program under Republic Act No. 7227, as amended. The Executive Committee, in coordination with the Department of Budget and Management, shall formulate the necessary guidelines and/or procedures to carry out the provisions of this Section.” SECTION 3. A new Section 6 is hereby added to read as follows: “SECTION 6. All properties identified and/or classified herein as easements shall be retained as such and shall not be subject for socialized housing use. All properties not expressly included in this Order are hereby excluded.” SECTION 4. Section 5 of EO 70 is hereby re-numbered as Section 7. SECTION 5. This EO shall take effect immediately. Done in the City of Manila, this 3rd day of October, in the year of Our Lord, two thousand five. (Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippines By the President: (SGD.) EDUARDO R. ERMITA Executive Secretary The Lawphil Project - Arellano Law Foundation