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Activity 3 RA 7279

Republic Act No. 7279, known as the Urban Development and Housing Act of 1992, aims to provide decent and affordable housing to underprivileged and homeless citizens in the Philippines, while promoting rational urban land use and development. The law establishes guidelines for land acquisition, socialized housing programs, and eviction procedures, ensuring the protection of beneficiaries and encouraging local government participation. It includes provisions for a three-year moratorium on evictions for program beneficiaries and penalties for violations of the Act.

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LEONIL MATA
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0% found this document useful (0 votes)
24 views16 pages

Activity 3 RA 7279

Republic Act No. 7279, known as the Urban Development and Housing Act of 1992, aims to provide decent and affordable housing to underprivileged and homeless citizens in the Philippines, while promoting rational urban land use and development. The law establishes guidelines for land acquisition, socialized housing programs, and eviction procedures, ensuring the protection of beneficiaries and encouraging local government participation. It includes provisions for a three-year moratorium on evictions for program beneficiaries and penalties for violations of the Act.

Uploaded by

LEONIL MATA
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic Act no.

7279 Alipalo Araneta Balleon Doruelo Mata

REPUBLIC ACT
NO. 7279
Urban Development and Housing Act of 1992
Republic Act no. 7279

Definition
The Urban Development and Housing Act
of 1992 is a comprehensive Philippine law
that aims to uplift underprivileged citizens
by providing them with decent and
affordable housing, basic services, and
employment opportunities, while
promoting the rational use and
development of urban land and
establishing guidelines for land acquisition
and disposition.
Republic Act no. 7279

Make available to the underprivileged and


homeless citizens decent housing at affordable
cost.
Provide for rational use and development of
urban land
Regulate and direct urban growth and expansion
towards a dispersed urban net and more
balanced urban rural interdependence.
Provide for an equitable land tenure system that
shall guarantee safety of tenure to program
Republic Act No. 7279
beneficiaries, but shall respect the rights of small
property owners and ensure the payment of just

Objectives compensation.
Encourage more effective people’s participation
in the Urban development process.
Improve the capability of local government units
in undertaking urban development and housing
programs and projects.
Underprivileged and homeless citizens
This refers to individuals or families residing in an
urban and urbanizable area who‘s income or
combined household income belong to the
poverty threshold as defined by NEDA and who do
not own housing facilities.
This includes those who live in makeshift dwelling
units and do not enjoy the security of tenure.
Qualifications of Beneficiary
WHO ARE THE Must be a Filipino citizen
Must be an underprivileged and homeless citizens (as defined in
section 3)
BENEFICIARIES? Must not own any real property whether in the Urban or rural
areas.
Must not be a professional squatter or a member of squatting
syndicates
Coverage: Includes all lands in urban and urbanizable
Coverage and areas for housing purposes.

Exemptions Exemptions: Lands used for national defense,


religious, educational purposes, etc., are exempt
unless their use has ceased for 10 years.
RA 7279
PROVISIONS Strategies for a Better Future
NATIONAL URBAN DEVELOPMENT AND HOUSING
FRAMEWORK
a comprehensive plan for urban and urbanizable areas to serve as basis for achieving
the objectives of the law
formulated by the HLURB under the direction of Housing and Urban Development
Coordination Council (HUDCC) in coordination of local government units and other
concerned public and private sectors
Procedures:
Must be formulated within one year of the Act's effectivity.
Involves reviewing existing urban plans and coordinating with local governments.

UDHA SOCIALIZED HOUSING PROGRAMS


Policy: Primary strategy to provide shelter for underprivileged citizens.
Eligibility Criteria: Must be Filipino, underprivileged, and without real
property.
Registration: Local governments to register beneficiaries within one year
of the Act's effectivity.
UDHA RESETTLEMENT PROGRAM
Resettlements of persons living in danger areas (esteros, railroad tracks, garbage
dumps, riverbanks shorelines and waterways) and public spaces (sidewalks, roads,
parks, and playgrounds)

BALANCED HOUSING PROGRAMS


Developers of proposed subdivision projects are required to develop an area for
socialized housing equivalent to at least 20% of the total subdivision area or total
subdivision cost with the option to comply instead of the ff:
1. Development of a new settlement
2. Slum upgrading
3 . Joint venture projects of any LGU or any housing agency
4. Participation in the community mortgage program
EVICTION AND DEMOLITION (Rules and Regulations)

Eviction and Demolition is allowed only when:


1. A person or entities occupies danger areas.
2. Person or entities occupies public spaces.
The place occupied is a government infrastructure project site.
3. There is a court order for eviction and demolition.
4. Construction falls under the category of new illegal structure.
5. Structure belong to a professional squatter or a member of a squatting
syndicate.

There should be a 30 days notice (Section 28)

1.Adequate consultation.
2.Must be done only during office hours and good weather.
3.Presence of LGU Officials
4.All those participating in demolition must have proper ID.
MORATORIUM ON EVICTION AND DEMOLITION
Moratorium on the eviction of all program beneficiaries and on the
demolition of their houses or their dwelling units for a period of 3 years
from the effectivity of the law.

INCENTIVES FOR PARTICIPATION


For National Housing Authority: Exemption from various taxes and
fees.
For Private Sector: Simplified processes and tax exemptions to
encourage participation in socialized housing.

BASIC SERVICES
Requirements: Socialized housing areas must include basic services
like water, electricity, and solid waste disposal.
COMMUNITY MORTGAGE PROGRAM
Definition: A program enabling organized associations of
underprivileged citizens to purchase land collectively.
Incentives: Exemptions from capital gains tax for properties sold
under this program.

URBAN RENEWAL AND RESETTLEMENT


Requirements: Socialized housing areas must include
basic services like water, electricity, and solid waste
disposal.

PENALTIES
Violation Penalties: Up to six years of imprisonment or fines
ranging from P5,000 to P100,000 for violations of the Act.
FUNDING
Sources: Include a portion of the Public Estates Authority's
income, loans, grants, and a socialized housing tax.

TRANSITORY PROVISIONS
Moratorium on Eviction: A three-year moratorium on
evictions for program beneficiaries.

COMMON PROVISIONS
Separability Clause: If any provision is invalidated, others
remain effective.
REAL-LIFE APPLICATION
Eviction of Professional Squatters
Eviction Procedures:
1. Notice Requirements
RA 7279 requires that persons to be evicted receive a
30-day written notice prior to demolition or eviction.
While the law aims to protect genuine informal settlers,
professional squatters are still entitled to proper notice
as part of due process. The notice typically contains:
Identification of the property and its lawful owner.
The legal ground or court order authorizing eviction.
The schedule or timetable for eviction and
demolition.
Contact details of relevant government agencies or
offices.
REAL-LIFE APPLICATION
Eviction of Professional Squatters
2. Consultation and Dialogue
Local authorities usually facilitate public meetings or
consultations with residents to explore the possibility of
voluntary relocation. This is required for legitimate
underprivileged settlers but is often extended to occupants
in general.

3 Court Order or Summary Eviction


Court Order: For private land disputes or complicated
evictions, landowners often need to obtain an ejectment
order (unlawful detainer or forcible entry) from the
appropriate trial court.
REAL-LIFE APPLICATION
Eviction of Professional Squatters
Summary Eviction: Under certain circumstances, particularly
in government land or critical areas (like danger zones, roads,
sidewalks), summary eviction is allowed.
4. Demolition Guidelines
Demolition can proceed if:
A court order or a valid notice of eviction is in place.
Adequate consultations have taken place.
A 30-day notice has been served.
It is carried out during daytime (except when the affected
persons consent otherwise).
Local government officials or their representatives are
present.
Appropriate safety measures are observed to prevent
injury and loss of property.
Thank You

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