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June 1, 2022

WHAT IS REPUBLIC ACT NO. 7279 OR THE “URBAN DEVELOPMENT HOUSING ACT OF 1992”?

After reading, What Is Republic Act No. 7279 or The “Urban Development Housing Act Of 1992”?, read also Guidelines For Expropriation Proceedings Under Republic Act No. 10752 Otherwise Known As “The Right-Of-Way Act”

  • It is the policy of the State to undertake, in cooperation with the private sector, a comprehensive and continuing Urban Development and Housing Program

  • The Urban Development and Housing Program covers all lands in urban and urbanizable areas

  • Urbanizable areas refer to lands which display marked and great potential of becoming urban areas within the period of five (5) years

Republic Act No. 7279 otherwise known as the “Urban Development and Housing Act of 1992”, as amended, states that it shall be the policy of the State to undertake, in cooperation with the private sector, a comprehensive and continuing Urban Development and Housing Program (Program).

 

The Program shall:

  1. Uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement areas by making available to them decent housing at affordable cost, basic services, and employment opportunities;

  2. Provide for the rational use and development of urban land in order to bring about the following:

  1. Equitable utilization of residential lands in urban and urbanizable areas with particular attention to the needs and requirements of the underprivileged and homeless citizens and not merely on the basis of market forces;

[Please note that urban areas refer to all cities regardless of their population density and to municipalities with a population density of at least five hundred (500) persons per square kilometer].

  1. Optimization of the use and productivity of land and urban resources;

  2. Development of urban areas conducive to commercial and industrial activities which can generate more economic opportunities for the people;

  3. Reduction in urban dysfunctions, particularly those that adversely affect public health, safety and ecology; and

  4. Access to land and housing by the underprivileged and homeless citizens;c. Adopt workable policies to regulate and direct urban growth and expansion towards a dispersed urban net and more balanced urban-rural interdependence;
    d. Provide for an equitable land tenure system that shall guarantee security of tenure to Program beneficiaries but shall respect the rights of small property owners and ensure the payment of just compensation;e. Encourage more effective people’s participation in the urban development process; andf. Improve the capability of local government units in undertaking urban development and housing programs and projects.

What is the coverage of the Program?

The law says:

The Program shall cover all lands in urban and urbanizable areas, including existing areas for priority development, zonal improvement sites, slum improvement and resettlement sites, and in other areas that may be identified by the local government units as suitable for socialized housing except:

  1. Those included in the coverage of Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law;

  2. Those actually used for national defense and security of the State;

  3. Those used, reserved or otherwise set aside for government offices, facilities and other installations, whether owned by the national government, its agencies and instrumentalities, including government owned or controlled corporations, or by the local government units. However, that the any of the portions of or the lands mentioned here which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of the Urban Development and Housing Act of 1992, shall be covered by the said Act;

  4. Those used or set aside for parks, reserves for flora and fauna, forests and watersheds, and other areas necessary to maintain ecological balance or environmental protection, as determined and certified to by the proper government agency; and

  5. Those actually and primarily used for religious, charitable, or educational purposes, cultural and historical sites, hospitals and health centers, and cemeteries or memorial parks.

Keep in mind that the exemptions shall not apply when the use or purpose of the abovementioned lands has ceased to exist.

 


Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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