Legal Basis for the creation of LHBs

"1987 Constitution"
- Article XIII on Urban Land Reform and Housing
o Sec. 9 continuing program of urban land reform and housing
o Sec. 10 due process in eviction of urban or rural poor

http://www.lawphil.net/consti/cons1987.html

"The Local Government Code (R.A. 7160)"

- Section 2 (a). local autonomy of LGUs
- Sec. 3 (b) establishment of dynamic organizational structure
- Sec. 17 (a) Exercise of powers necessary or incidental to rendering of basic
services
- Sec. 17 (b) (3) (viii) Programs for low-cost housing and other mass dwellings
http://www.lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html

"Urban housing development act" (UDHA/R.A. 7279)

- Sec. 39 LGUs charged with the implementation of UDHA in their respective
localities
- Sec. 28 Eviction of the unerprivileged and homeless entails 8 mandatory
requirements (including relocation)
- Sec. 18 (balanced housing requirement) owners/develpers of
subdivision/condominium projects required to develop an area for socialized
housing
o cf. with RA 10884 Balanced Housing Development Program Amendments
(2016)
http://www.officialgazette.gov.ph/downloads/2016/07jul/20160717-
RA-10884-BSA.pdf
o Cf. with HLURB Board Resolution No. 946 S. of 2017 (revised
implementing rules and regulations on balanced housing)
 Sec. 1 Covers all new residential subdivisions and new residential
condominium projects
 Sec. 4 Other Manners of compliance
 4.1 Development of socialized housing in a new settlement
 4.2 Joint venture with:
o 4.2.1 LGU
o 4.2.2 any of the housing agencies
o 4.2.3 another private developer
o 4.2.4 NGOs
 4.3 Participation in a new project under the CMP
http://hlurb.gov.ph/wp-
content/uploads/Board%20Resolutions/2017%20Board%2
0Resolutions/R-946%20s.%202017.pdf

http://www.chanrobles.com/republicactno7279.htm#.WmWJka6WbIU
"E.O. 152"
- Sec. 1 "Clearing House functions"
o (1) monitoring function
o (2) compliance certificates
 a. adequate consultations
 b. adequate resettlement
o Sec. 4 Provision of Police Assistance

http://www.officialgazette.gov.ph/2002/12/10/executive-order-no-152-s-2002/

"E.O. 708"
- Sec. 1 Devolution of clearing house functions

note: section 1 of EO 708 devolved section 1 specifically of EO 152 to the LGUs.

Curiously section 4 of EO 152 on the provision of Police Assistance was not devolved to
the LGUs. Compliance certificates as to the provision of Police assistance remains with
the PCUP.

- Sec 4. Residual functions of the PCUP

http://www.officialgazette.gov.ph/2008/02/26/executive-order-no-708-s-2008/

"DILG MC No. 2008-143 (Guidelines in the creation of LHBs)" (2008)

- Composition and Function

o a. Composition
o b. powers and functions

- Exemption clause
o - Certificate of compliance does not cover court ordered demolitions
https://www.scribd.com/doc/56999468/DILG-MC-2008-143-Creation-
of-Local-Housing-Boards
o "DILG MC N. 2009-05 (amending MC 2008-143)" (2009)
o Expanding exemption clause; COC does not cover the ff:
 court ordered evictions
 voluntary relocation
 summary eviction of:
 professional squatters
 members of squatting syndicates
 dismantling of new illegal structures
 evictions of the NHA within its housing projects against
illegal occupants
http://www.dilg.gov.ph/issuances/mc/AMENDING-DILG-
MEMORANDUM-CIRCULAR-NO-2008-143-TITLED-
CREATION-OF-LOCAL-HOUSING-BOARDS/6