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This section presents our findings on the following: (i) informal settlements upgrading related national and local government policies; (ii) informal settlements upgrading related projects, programs and processes of national government agencies, NGOs, private sector, civil society organizations, and LGUs; and (iii) other current and related government programs.

The national and local government policies include, but are not limited to laws, department orders, ordinances and resolutions, Presidential Proclamations. The upgrading related projects, programs and processes will also cover arrangements, incentives, and issues on LGU to LGU relocation and resettlement—documenting and evaluating the Philippine relocation and resettlement experience. Finally, the third item will take into account the National Government Resettlement Policy and Sustainable Communities Program spearheaded by HUDCC, and the informal settlements work led by the Department of the Interior and Local Government (DILG).

The objective is to provide an analysis of the mandates, quality of implementation, and degree of effectiveness of these policies, processes, programs, and

institutions which cut across the five thematic areas—and how these can be mainstreamed into the development process and integrated with national and local government planning processes and instruments (Box 1). Past and current programs are reviewed to determine the factors that have contributed to success/failure. In addition, this section analyzes government and NGOs with mandates/functions related to informal settlements upgrading to

determine their performance and the options for enhancing their effectiveness. These analyses stem from the results of the thematic and sectoral consultations conducted as part of Phase 2 of the assignment to identify the gaps and weaknesses in the policies, processes, programs, and institutions. Where feasible, we identify and examine options for integrating informal settlements upgrading approaches of government and NGOs and developing partnerships among the different institutions in the implementation of joint informal settlements-upgrading programs. Findings are summarized in the different matrices/tables below.

4.2

National and Local Government Policies on Informal Settlements Upgrading

The following laws, memorandum circulars, and other issuances which serve as informal settlements upgrading related policies.

Table 7. Policies and Analysis Policy / Description &

Definition Effectivity / Implementation Enhancing Effectiveness

RA 7279 or the Urban

Development and Housing Act

defines Socialized Housing as “Housing programs and projects covering houses and lots or home lots only, undertaken by the Government or the private sector for the underprivileged and

The provisions of the law set the authority for HUDCC and NEDA to prescribe the price ceilings for socialized, low cost, economic housing packages. These ceilings are observed by the lending facilities of such as the HDMF, HLURB, as well as the private developers in production

Revisit the UDHA and propose amendments such as:

 crediting socialized housing for ISFs as compliance, provided the development is within the city or within the same project;

 requiring the condominium, townhouses, and high-rise

Box 1: Local Government Planning Processes and Instruments

 Comprehensive Land Use Plan (CLUP),  Comprehensive Development Plan (CDP),  Executive Legislative Agenda (ELA), and  Local Shelter Plan (LSP)

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Policy / Description &

Definition Effectivity / Implementation Enhancing Effectiveness

homeless citizens which shall include sites and services development, long-term financing, liberalized terms on interest payments, and such other benefits in accordance with the provisions of this Act.”

of housing.

LGUs are ordered to prepare their Comprehensive Land Use Plans (CLUPs) for their respective localities in accordance with the provisions of the Act which include an inventory and identify of all lands for socialized housing and resettlement areas and the provision of socialized housing or resettlement areas.

developers to comply with the balanced housing requirement

 providing a mechanism to ensure that the housing programs will continue beyond the term of the local executives.

 Based on the review of costs for land, site development, and house construction of socialized housing units for the informal sector, the latest ceiling for socialized housing loans has been set at P450,000, at 6% per annum For CMP which is handled by the SHFC, term is a maximum of 25 years. NHA finances housing provision at a graduated amortization payment scheme for a maximum 30 years.

 In lieu of interest subsidies, capital subsidies may be considered, specifically on land, site development, and housing construction to bring down recoverable costs and close the gap between package price and affordable limits of ISFs.

 The inventory of sites for socialized housing should be undertaken and planned for on a city-wide scale rather than piecemeal and should result in a list of sites and projects for developers to consider.

RA 7835 or the Comprehensive and

Integrated Shelter Financing Act of 1994, expanded the scope and usage of the Abot-Kaya Pabahay Fund.

HUDCC from time to time determines the income ceilings and loanable amounts for both levels (a) and (b) borrowers and the socialized/ low-cost housing limit eligible for development financing.

The law provided financing for 3 major components of housing provision:

1. Amortization Subsidy – (i)

direct amortization subsidy for initial 5 years of the maximum individual housing loan amount of P80,000 at a graduated rate of 35% to 14% for Income level 1 (then at maximum of P4,000 monthly gross family income), and

(ii) for initial 4 years of the individual housing loan (above P80,000 to maximum P100,000) at a graduated rate of 25% to 7% for income level 2 (above income level 1 to maximum of

P5,000.monthly gross family income);

2. Development financing – for private developers and NGOs engaged in socialized housing production;

SHFC is poised to reactivate the developmental financing component of the AKPF in response to the clamor for developmental lending facilities. Latest guidelines for this facility is found in Annex 3 - Corporate Circular AKPF #13.

HGC operates the Abot Kaya Cashflow Guaranty Program.

Annual releases to the fund from government was also programmed under the law. This may be reviewed to determine fund requirements for the 3 components to support structured incentives and subsidies.as well as credit guaranty for other financing institutions such as NGOs and MFIs.

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Policy / Description &

Definition Effectivity / Implementation Enhancing Effectiveness

3. Cashflow guaranty – to cover retail loans enrolled under the fund by SSS, GSIS, and HDMF within the loan packages stated by the law.

RA 8763, Section 15 of the Home Guaranty Corporation Act of 2000 initially sets the percentage of guaranty accounts per housing package.

The ceilings for socialized and low- cost housing loan packages are jointly determined by HUDCC and NEDA. Such ceilings may be reviewed, revised and adjusted to conform to prevailing economic conditions at any time, but not more than once in every two (2) years.

Guaranty premium and extent of guaranty coverage favor the socialized housing in terms of guaranty benefits. HGC is committed to cover Small Loans for Home Improvement extended by MFIs, MFI banks, cooperatives and other financial institutions.

Batas Pambansa 220 established different levels of standards and technical requirements for the development of economic and socialized housing projects and housing units in urban and rural areas. Economic and socialized housing refers to housing units which are within the affordability level of the average and low-income earners which is thirty percent (30%) of the gross family income as determined by the National Economic and Development Authority from time to time. It shall also refer to the government- initiated sites and services development and construction of economic and socialized housing projects in depressed areas.

The law provides for minimum standards and technical requirements for housing units, lot and block sizes, road widths, community facilities depending on the density and construction specifications.

As of this report submission, BP 220 is currently being updated to incorporate minimum standards on Climate Change Adaptation and Disaster Risk Reduction.

 Review current trends in the structure of a typical neighborhood unit including walkability, open space, civic space, work areas and public transport.

 Improve the Implementing Rules and Regulations on standards for multi-storey housing projects.

 Reinforce BP 220 to incorporate minimum standards in various geographical contexts such as coastal/riverine areas, sloping areas, etc.

 Expand housing typologies to include mixed uses including but not limited to shop houses, civic uses, etc.

 Update standards for utilities to include sustainable alternative technologies.

MC No. 2011-17 dated January 31, 2011 “Prevention of

Proliferation of Informal

Settlers.”

In compliance with the said Memorandum Circular, LGUs from Regions IV-A, VII, IX, X, XII, CAR and NCR instituted specific actions (see Annex 4)

National government allocation for housing only accounts for less than 1% of total annual budget

Limited program reach; annual provision of affordable housing (2001- 2010) averaged only 104,000, equivalent to 3% of estimated gap

PD 933, EO 648, amended by EO 90 of 1986 empower the Housing Land Use Regulatory Board to review, evaluate, and approve or disapprove land use plans of cities and

municipalities, based on EO 72 which calls for the preparation of

Comprehensive Land Use Plans (CLUPs) of Local Government Units are based on the HLURB Guidelines Guide to Sectoral Studies in CLUP Preparation which includes a Sub- Sector on Housing.

Integrate housing needs by population growth and housing needs due to backlog (doubled-up households, displaced units and homeless households) through more innovative and inclusive solutions such as cross subsidies, rental housing, etc. In land

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Policy / Description &

Definition Effectivity / Implementation Enhancing Effectiveness

Comprehensive Land Use Plans (CLUPs) of Local Government Units pursuant to the Local Government Code of 1991.

use planning this will result in “Socialized Housing” not being a separate land use in most cases.

Republic Act 6975 otherwise known as the Department of Interior and Local Government Act of 1990, with the mandate of strengthening local government capability, the DILG is tasked to establish plans, policies and programs that will strengthen the technical, fiscal and administrative capabilities of local governments, as well as formulate the operational guidelines of the local development process.

The DILG developed the Rationalized Planning Systems (RPS) as the framework for local planning and formulated the Guide to Comprehensive Development Planning (CDP) for LGUs that offers procedures, tools and techniques that are designed to respond to varying capabilities of local government in local comprehensive planning.

 Resolve confusion between CDPs and CLUPs by synchronizing the time frames with terms of local officials.

 Create a single government agency to oversee, coordinate, monitor and evaluate CDPs and CLUPs.

BSP-Monetary Board Circular

M-2008-015 This was a formal recognition by the Philippine banking system of housing microfinance as a pro-poor product which is similar but different from microenterprise finance. It liberalized collateral instruments, allowing banks to lend to the eligible poor for housing microfinance not just against freehold titles which tended to be costly but also against usufruct, long- term leases and other rights-based variants. The appraisal methodology was provided for the specific type of instrument.

The provisions of the circular will be considered to initiate:

1. Adoption of incremental borrowing mechanism for home improvements attuned to the affordable limits of ISFs;

2. Use of rights-based secure tenure instruments as alternative to titling as a least cost approach

3. Classification of rights-based instruments as negotiable instruments to allow its use as collaterals under the various programs such as the CMP, resettlement and other housing projects of NHA utilizing government properties under usufructory use agreement.

RA 9676 or the Real Estate

Service Act The law prohibits real estate developers from providing real estate services to the buying public. This has been deemed as disadvantageous to small developers who may bring down marketing cost with an internal sales unit for their projects, especially since they possess the experience in processing loans for clients.

Local Government Code of

1991 The LGC provided the major functions of local government units down to the barangay level. It defined the required adoption of CLUP for each municipality and city to guide development requirements of the locality. The local shelter plan is one of the required subcomponents of the CLUP and the creation of a local housing board (LHB) with its own fund was likewise covered.

 In general, devolution of functions to the LGUs, specifically zoning and land

 In majority of municipalities in the country, the shelter plan is simply a template and not implemented either in the local budgetary provision nor in line-up of proposed projects. Shelter planning exercises is currently undertaken by HUDCC through its national and regional office. Compliance with zoning areas for socialized housing purpose are reviewed to determine lands classified for this purpose are accessible to public transport and

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Policy / Description &

Definition Effectivity / Implementation Enhancing Effectiveness

use classification, approval of development and building permits for subdivisions and other housing developments are all being handled by the engineering/planning offices with no participation from a duly created housing board.

 Devolution of development permits to LGUs have increased costs and delayed developments.

suitable for development.

 Compliance to 20% balanced housing has been utilized by a few LGUs such as Quezon City, Taguig, and Muntinlupa as a tool to raise much needed funds for socialized housing development within and near city areas.

 Participation of the community- based organizations (CBOs), people’s organizations (POs), NGOs at the review and update of land use planning be ensured to achieve an inclusive CLUP.

Proposed bills in support of socialized housing development currently under congressional review are enumerated below:

 Pending House Bill obliging condo developers to comply with the 20% socialized housing requirement of UDHA. This proposed law will increase construction cost and detract developers from their core competencies.

 Pending House Bill rationalizing fiscal incentives abolishing the income tax holiday (ITH) extended to mass housing.

 Bill creating the Department of Housing, Planning and Urban Development has gone through revisions after years of review without final approval.

 House Bill No. 3533 “An Act Instituting the National Land Use Policy of the Republic of the Philippines,

Providing the Implementing Mechanisms Therefore, and for Other Purposes” is cued for congressional approval. SECTION 45 of the bill specifies the required “Designation and Zoning of Socialized Housing Zones”. Each LGU unit is to “designate lands for socialized housing and resettlement areas for the immediate and future needs of the underprivileged and homeless in their territory, pursuant to existing laws and regulations. The designated sites for socialized housing shall be located in residential zones, and shall be zoned as socialized housing zones that are integrated in the city or municipality's zoning ordinance duly approved by the HLURB, pursuant to existing laws and regulations.”

The proposed law is laudable because it attempts to integrate all the national policies on various aspects related to land use. However, it failed to advocate a national urban development policy that is based on CURRENT trends and needs.

4.3

Informal Settlements Upgrading Related Projects, Programs and Processes

Table 8 below lists projects, programs, and processes in three categories:

 National Government initiated: this refers to interventions (programs and projects) initiated by national government agencies because of scope, resource requirements, or strategic impact.

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LGU initiated: This pertains to interventions initiated by LGUs, the scope of which is limited to the boundaries of their localities. Resource requirements may totally be shouldered or mobilized by the LGU concerned.

Community and/or non-government initiated: This includes projects initiated by ISF groups making use of existing government programs and projects (e.g., CMP) or their own resources as well as contributions from partner NGOs (self-help schemes, grant funds, land and labor contributions/ sweat equity; e.g., Habitat, Gawad Kalinga)

Table 8. Projects, Programs, and Processes Projects, Programs and

Processes Description / Status Issues (if any)

National Government Initiated 1. HUDCC

 TA on Local Shelter Plan

preparation  Providing assistance to LGUs that request for TA in the formulation of LSP. This is done through a 3-day workshop.

 The LSP serves as a roadmap for the local chief executives to effectively address the housing need for both the informal and formal sector in their constituencies.

 The LSP focuses on the assessment of resources and current capacity of the LGU relative to the delivery of housing and urban services vis-à-vis their actual and projected housing need.

 One feature of the LSP is the inventory of ISFs by an LGU, which serves as the baseline data for an LGU in the preparation of a realistic plan and addresses the housing need of both the formal and informal sector.

 Integration of climate change resiliency and disaster risk reduction and management features into the local shelter plan. Lessons learned from the UN Habitat experience maybe considered in the drafting of this section of the LSP.

 Proclamation Program Since 2001, there are 115

proclamations/Presidential issuances for socialized housing. This comprised 27,286 hectares of land estimated to benefit 270,000 beneficiaries.

The legal process behind proclaimed sites has to be facilitated. Titling is tedious, costly, and so time consuming.

 Asset Reform Program

(ARP) HUDCC ARP 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.

 Housing Caravan

The Caravan included the housing programs: of key shelter agencies.

The Caravan was undertaken to bring closer to the LGUs the government’s housing programs/projects and create awareness on the TAs available from KSAs to help more effectively fulfill their mandate in the delivery of basic services including housing for their constituents.

In document Planificación de trayectorias en sistemas multirrobot (página 47-53)