MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ MEMORANDUM CIRCULAR NO. 157, July 15, 2008 ]
PRESCRIBING GUIDELINES, PROCEDURES AND TIMEFRAMES IN THE CONDUCT OF EVALUATION, COMPLETE STAFF WORK (CSW) AND APPROVAL OF PROPOSED PROCLAMATIONS FOR HOUSING PURPOSES
Pursuant to Memorandum Circular No. 68 s. 2006, as amended by Memorandum Circular No. 147 s. 2007, the following guidelines are hereby issued to facilitate the evaluation, conduct of complete staff work (CSW), and approval of proposed proclamation for housing purposes.
Section 1: Objectives
1.1 Facilitate the issuance of proclamations for housing purposes by specifying the requirements, processes and timeframe for the evaluation and CSW by concerned agencies;
1.2 Harmonize the roles and collaboration of concerned agencies, particularly the Housing and Urban Development Coordinating Council (HUDCC) and the Department of Environment and Natural Resources (DENR) in the processing of proposed proclamations for housing sites;
1.3 Rationalize the issuance of housing proclamations pursuant to national and local development plans and the land disposition schemes stipulated in the Urban Development and Housing Act (UDHA), which shall not be limited to transfer of ownership, but to include lease, with option to purchase, usufruct or such other variations as deemed most expedient;
1.4 Encourage 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.
Section 2: Scope
This guideline shall apply to all requests for the issuance of a Presidential Proclamation or Executive Order to reserve or designate public land and/or government-owned land for housing purposes.
Section 3: General Principles
3.1 HUDCC shall be the clearing agency of all requests for proclamation for housing purposes. All requesting parties, including government agencies shall coordinate with the HUDCC regarding proposed housing proclamations to be endorsed to the DENR and the Office of the President.
3.2 Pursuant to the Urban Development and Housing Act, the LGU is responsible for identifying lands for socialized housing and resettlement areas for the immediate and future needs of the underpriviledged and homeless in the urban areas. As such, as much as possible, requests for proclamation for socialized housing purposes should be proposed or endorsed by the LGU concerned.
3.3 For purposes of proposals for housing proclamation, the proponent shall be required to submit a sketch map and boundary description identifying the proposed area for proclamation. The said sketch map is only indicative and shall be subject to actual and final survey upon signing of the Proclamation by the President. The area and technical descriptions covered by the proclamation may change based on actual ground survey.
3.4 Other requirements by concerned government agencies with respect to proposed proclamation shall still apply.
Section 4: Creation of a Pre-Proclamation Committee
4.1 A Pre-Proclamation Committee (PPC) shall be created in areas with public lands or government lands identified for possible proclamation as housing site in order to facilitate the review and evaluation of the same by concerned agencies.
4.2 The PPC shall be composed of representatives from the following offices:
HUDCC Regional Office
DENR - PENRO/CENRO
DENR Mines and Geosciences Bureau Regional Office
NHA Regional Office/Project Office
DPWH Regional/District Engineering Office
DOH Regional Office
Provincial Health Office
City/Municipal Planning Office
PCUP-FOD
Land Owner/Administrator
HUDCC and DENR-PENRO/CENRO shall sit as Chairperson and Vice Chairperson, respectively. The concerned agencies shall designate focal persons to be members of the PPC. Other agencies may also be invited by HUDCC to become members of the PPC as maybe deemed necessary.
4.3 The PPC shall have the following functions:
i. Conduct joint site inspection and evaluation of the proposed area;
ii. Conduct meetings and coordinate with the proponents/ beneficiaries to assist them in the completion of requirements for the proclamation;
iii. Identify issues and concerns regarding the proposed project, facilitate the resolution of said issues and/or submit recommendation to the DENR and HUDCC Central Office for appropriate action;
Section 5: Processing of Proposals
5.1 SCREENING. Proponents of housing proclamation shall submit to the HUDCC a letter-request together with a list of actual occupants or target beneficiaries (certified by the Urban Poor Affairs Office of the concerned city/municipality), sketch map and boundary description of the area/property requested for proclamation for preliminary screening.
5.1.1 Initial Screening by HUDCC. Upon receipt of a request for proclamation for housing purposes, HUDCC shall conduct preliminary screening of the request. HUDCC shall coordinate with the proponent, land owner/administrator and the LGU to evaluate of the feasibility of the proposal within 15 days.
5.1.2 Land Status Verification. HUDCC shall also coordinate with the DENR-CENRO for the conduct of land status verification to determine the classification and status of the subject property based on its existing records prior to further evaluation.
The CENRO shall complete its review of the sketch map and boundary description within 5 days and endorse the same to the DENR-PENRO.
The DENR-PENRO shall complete its evaluation of the submitted sketch map within 5 days and endorse the same to the Regional Office.
The DENR Regional Office, through its Chief Land Surveys Division, shall review and take final action on the sketch map within 15 days. It shall then submit its report to HUDCC Central Office.
If the land is determined to be not suitable for proclamation (i.e., located within timberland, protected area or with adverse claims, etc.) HUDCC shall advice the proponent of the denial of the request and advise alternative action.
5.2 EVALUATION OF THE PRE-PROCLAMATION COMMITTEE. If HUDCC determines that the proposed proclamation merits further evaluation, HUDCC, through its regional office, shall facilitate the convening of a PPC at the local level.
5.2.1 Site Inspection and Investigation. The PPC shall conduct site inspection and investigation and prepare an Investigation Report stating whether or not the site is feasible for proclamation as housing site. The PPC shall submit its Investigation Report together with their recommendations to HUDCC and their respective offices within 15 days after the convening of the PPC.
5.2.2 Resolution of Issues. In case there are issues or concerns regarding the area proposed for proclamation, the PPC shall facilitate the immediate resolution of aforesaid issues. For issues that cannot be resolved at the level of the PPC and which will require top-level decision or intervention, the PPC shall elevate the matter to HUDCC Central Office. HUDCC shall convene meetings with the offices of the concerned government agencies as deemed necessary to facilitate the decision;
5.3 ENDORSEMENT OF CONCERNED AGENCIES. The DOH, DPWH and other concerned central agencies, through the designated agency signatories, shall take action on the request for clearance/ endorsement within 15 days upon receipt of the report of the PPC and forward the agency endorsement or report to HUDCC Central Office.1âшphi1
5.4 COMPLETE STAFF WORK BY HUDCC. Upon receipt of the complete documentary requirements, HUDCC Central Office shall facilitate the submission of the complete requirements together with HUDCC's inputs/recommendations to the DENR Regional Office.
If upon thorough evaluation, and the proposed site is determined not feasible for proclamation as a housing site, HUDCC shall advise the proponent and coordinate with the concerned LGU and agencies for appropriate action.
5.5 EVALUATION AND COMPLETE STAFF WORK (CSW) REPORT BY THE DENR
5.5.1 CSW Report by DENR Regional Office. Upon receipt of complete requirements for CSW, the DENR Regional Office shall prepare and submit its CSW Report to DENR Central Office within 15 days; copy furnished the HUDCC Central Office.
5.5.2 Review by DENR Central Office. The DENR Central Office shall complete its review of the proposed proclamation within 30 days. This period shall be inclusive of the review of the Land Management Bureau (LMB).
5.6 ENDORSEMENT OF THE OFFICE OF THE PRESIDENT. The DENR shall submit the proposed housing proclamation to the Office of the President. The DENR shall inform HUDCC of such submission and provide HUDCC of a complete copy of the submitted documents.
All agencies concerned shall observe compliance with the timeframe and all other provisions of this guideline. The concerned agencies, particularly DOH, DPWH and DENR shall include the processing of clearances for housing proclamation in the respective agency targets and key result areas, and designate focal person to monitor and ensure compliance.
Section 6. This Memorandum Circular shall take effect immediately.
DONE in the City of Manila this 15th day of July in the year of Our Lord, Two Thousand and Eight.
(Sgd.) GLORIA MACAPAGAL-ARROYO
By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary
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