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NATIONAL GOVERNMENT CENTER HOUSING AND DEVELOPMENT PROJECT (NGCHDP) RA…

- - - - BONA FIDE RESIDENCE DETERMINATION
        
        WEST:
        a. BASED ON CENSUS SURVEY IN 1994
        
        EAST:
        a. BASED ON CENSUS SURVEY IN 1994
        b. OCCUPANCY VERIFICATION SURVEY CONDUCTED IN 2000
        Provided, That the determination of thebona fide residents on the west side shall be based on the census survey conducted in 1994 and the determination of bona fide residents on the east side shall be based on the census survey conducted in 1994 and occupancy verification survey conducted in 2000:
        
        CONSISTENT LEGAL AGREEMENTS, PROGRAMS, PLANS, ACTIONS ADOPTED
        Provided, further, That all existing legal agreements, programs and plans signed, drawn up or implemented and actions taken, consistent with the provisions of this Act are hereby adopted.
      - RESERVED FOR SPECIFIED PURPOSES
        SECTION 4. Disposition of Certain Portions of the National Government Center Site for Local Government or Community Facilities, Socioeconomic, Charitable, Educational and Religious Purposes. —
        Certain portions of land within the aforesaid area for local government or community facilities, socioeconomic, charitable, educational and religious institutions are hereby reserved for disposition for such purposes:
        
        INSTITUTIONS ALREADY OPERATING ONLY MAY AVAIL OF DISPOSITION PROGRAM
        Provided, That only those institutions already operating and with existing facilities or structures, or those occupying the land may avail of the disposition program established under the provisions of this Act:
        
        BASIS: EXISTING SITE ALLOCATION
        (SPECIFIC AREAS)
        Provided, further, That in ascertaining the specific areas that may be disposed of in favor of these institutions, the existing site allocation shall be used as basis therefore:
        
        BASIS: ACTUAL USED AREA
        (NO SPECIFIC ALLOCATION)
        Provided, finally, That in determining the reasonable lot allocation of such institutions without specific lot allocations, the land area that may be allocated to them shall be based on the area actually used by said institutions at the time of effectivity of this Act.
        
        NGCA COMMITTEE ROLE:
        ADMINISTER, FORMULATE GUIDELINES AND POLICIES, & IMPLEMENT LAND DISPOSITION
        SECTION 5. National Government Center Administration Committee. — There is hereby created a National Government Center Administration Committee to administer, formulate guidelines and policies, and implement the land disposition of the areas covered by this Act.
        
        NGCA COMMITTEE
        
        CHAIRPERSON OF HUDCC
        
        CHAIRPERSON OF PRESDENTIAL COMMISSION FOR URBAN POOR
        
        MAYOR OF QC
        
        GENERAL MANAGER OF NHA
        
        DENR Sec.
        
        DPWH Sec.
        
        2 REPRESENTATIVES FROM DULY RECOGNIZED PEOPLE'S ORG
        a. NGC EAST SIDE
        b. NGC WEST SIDE
        The National Government Center Administration Committee shall be chaired by the Chairperson of the Housing and Urban Development Coordinating Council with the Chairperson of the Presidential Commission for the Urban Poor, the Mayor of Quezon City, the General Manager of the National Housing Authority, the Secretary of the Department of Environment and Natural Resources, the Secretary of the Department of Public Works and Highways and two (2) representatives from duly recognized people's organizations, one (1) from the NGC East side and one (1) from the NGC West side, as members.
        
        NON-IMPAIRMENT CLAUSE:
        CONTRACTS BY HGC, including ACCRUED
        -EXCEPT IF INCONSISTENT
        SECTION 6. Precedence of Proclamations. —
        All obligations arising from the contracts entered into by the Home Guaranty Corporation
        pursuant to the implementation of Proclamation No. 1826, Series of 1979, Proclamation No. 137, Series of 1987, Proclamation No. 248, Series of 1993, Proclamation No. 1169, Series of 1998;
        including vested rights that have accrued
        shall remain valid, legal and unassailable so long as they are consistent with the provisions of this Act:
        
        ALL CONVEYANCE CONTRACTS
        SHALL BE ENTERED INTO BY:
        
        HUDCC
        
        NHA
        Provided, That all conveyance contracts to be executed after the approval of this Act shall be entered into by the Housing and Urban Development Coordinating Council or the National Housing Authority:
        
        TRANSFERRED TO NHA:
        TRUSTEESHIP FUNCTION OF HGC OVER NGCHP (WEST)
        -EXCEPT: PROPRIETARY INTTEREST OF HOME GUARANTY CORPORATION
        Provided, finally, That
        the trusteeship function of the Home Guaranty Corporation over the National Government Center Housing Project (West side)
        
        as provided for under the Inter-Agency Memorandum of Agreement among the Department of Environment and Natural Resources, Department of Finance, Home Insurance and Guaranty Corporation (now Home Guaranty Corporation), the National Government Center Housing Committee and Housing and Urban Development Coordinating Council dated May 04, 1989 and Trust Agreement between Housing and Urban Development and Coordinating Council and Home Insurance and Guaranty Corporation (now Home Guaranty Corporation) dated May 4, 1990,
        excluding those where the Home Guaranty Corporation has acquired proprietary interest such as the Commonwealth Enterprise Zone is hereby transferred to the National Housing Authority
        
        ALL LANDS DISPOSED BY GOV'T FOR HOUSING PROGRAMS BEFORE AND AFTER THIS ACT, EXEMPT FROM CGT
        SECTION 7. Tax Exemption . — All lands already sold and/or disposed by the government pursuant to the existing housing programs and those will be disposed and/or sold after the effectivity of this Act shall be exempted from payment of Capital Gains Tax.
        
        CONGRESSIONAL OVERSIGHT COMMITTEE: MONITORS DISPOSITION OF LAND
        SECTION 8. Oversight Committee. — There is hereby created a Congressional Oversight Committee to monitor the disposition of land subject of this Act.
        
        COMPOSITION
        
        3 SENATORS
        -APPOINTED BY SP
        
        3 HReps
        -APPOINTED BY SPEAKER
        The committee shall be composed of three (3) Senators and three (3) Representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively.
        
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        IRR WITHIN 30 DAYS
        SECTION 9. Implementing Rules and Regulations. — Within thirty (30) days from the effectivity of this Act, the National Government Center Administration Committee shall promulgate the rules and regulations to effectively implement the provisions of this Act.
        
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- - - - UTILIZED PRIMARILY FOR HOUSING
        2 . ensure that lands in the NGC shall be utilized primarily for housing;
        
        DISPOSE LANDS FOR:
        
        SOCIOECONOMIC
        
        CIVIC
        
        EDUCATIONAL
        
        RELIGIOUS
        
        OTHER PURPOSES
        3.dispose lands for socioeconomic, civic, educational, religious and other purposes
        
        INSTITUTIONALIZE PARTICIPATION OF BENEFICIARIES
        4 . institutionalize participation of the concerned beneficiaries to the implementation of the project;
        
        PROMOTE BALANCED URBAN DEVELOPMENT
        
        promote balanced urban development in the course of the implementation of the NGC Housing Project.
        
        HOW: BY PROVIDING GUIDELINES ON CRITERIA AND PROCEDURE FOR DISPOSITION TO INSTITUTIONS
        by providing guidelines on the criteria and procedure for disposition to institutions based on the principles laid in RA 9207 and RA 7279 or UDHA;
      - HOW: BY PROVIDING GUIDELINES ON QUALIFICATION AND DISPOSITION OF LOTS TO BENEFICIARIES
        by providing guidelines on the qualification of and disposition of lots to beneficiaries in accordance with the principles enshrined in Republic Act No. 7279 or the Urban Development Housing Act;
        
        ANSWERS "WHO ARE BENEFICIARIES? HOW DO THEY GET THE LANDS?"
        This further verifies that this is the law we're looking for to answer the question "Who are qualified beneficiaries?" and "How is the lot disposed to the beneficiaries?"
    - - 1 . NGC Project Management Office (PMO) — refers to the NGC Housing Project (NGCHP) office for the westside and NGC Eastside Development Project (NGC-EDP) office for the east side;
        
        2 . Institutions — refers to private and public schools, religious institutions, cooperatives organized by the beneficiaries, small health and day care centers, public hospitals and clinics, barangay offices and shall not include commercial establishments;
        
        Disposition — refers to various mode of transfer and acquiring of ownership to be utilized by the PMO such as sale, lease, donation, usufruct;
        
        Bona fide resident — refers to residents on the west side based on the census survey conducted in 1994 and on the east side based on the census survey conducted in 1994 and occupancy verification survey conducted in 2000 and for both eastside and westside who have continuously resided in the area until present;
        
        Code of Policies — refers to the Revised NGCHP Code of Policies in the case of westside known as "Code of Policies on Beneficiary Selection and Disposition of Homelots and Structures in the NGCHP" which took effect on January 1, 1994
        
        and in case of eastside the "Kodigo ng mga Patakaran sa Pagpapatupad ng Proyekto sa Pagpapaunlad sa Silangang Bahagi ng Sentro ng Pamahalaang Pambansa" approved on September 4, 2002;
        
        6 . tagged and censused — refers to the act of determining the actual residents and actual structures based on the survey conducted in 1994 on the westside and on the east side in 1994 and occupancy verification survey conducted in 2000;
        
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      - SECTION 3. Disposition of Certain Portions of the NGC Site to the Bona Fide Residents. —
        
        3.1 PERIOD FOR QUALIFICATION OF BENEFICIARIES
        
        (a) westside
        
        APPLICATION FOR QUALIFICATION: SUBMITTED
        WITHIN 60 DAYS AFTER IRR EFFECTIVITY
        (a.1) Application for qualification as beneficiary of the NGC Housing Project shall be submitted within sixty (60) days after the effectivity of these Implementing Rules and Regulations.
        
        APPLICATIONS FOR QUALIFICATION REQS:
        
        INCLUSION IN 1994 CENSUS SURVEY
        
        RECBLOCKING
        -BASED ON PMO GUIDELINES
        (a.2) Applications for qualification as beneficiary shall only be accepted if the applicant is included in the census survey conducted in the area in 1994 and has reblocked his/her structure based on the guidelines set by the Project Management Office.
        
        APPLICATIONS EVALUATED BY PMO:
        NOT LATER THAN 60 DAYS FROM RECEIPT OF APP
        (a.3) Applications shall be evaluated by the Project Management Office (PMO) not later than sixty (60) days upon receipt of application for qualification.
        
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        (b) eastside
        
        APPLICATION FOR QUALIFICATION = SUBMITTED ON OR BEFORE JUNE 30, 2004
        (b.1) Application for qualification of beneficiaries shall be submitted on or before June 30, 2004.
        
        PROCESSED & EVALUATED BASED ON:
        CODE OF POLICIES
        LOT ALLOCATION: 35-60SQM
        (b.2) Applications for qualification as beneficiary shall be processed and evaluated based on the Code of Policies including the minimum and maximum lot allocation of 35 sq. m. and 60 sq. m.
        
        CENSUS INCLUSION
        30 DAYS AFTER EFFECTIVITY
        (b.3) There shall be a census inclusion that will be conducted thirty (30) days upon effectivity of these rules.
        
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        3.2 EXECUTION OF THE CONTRACT TO SELL
        
        WESTSIDE
        (a) westside
        
        CONTRACT TO SELL WITHIN 60 DAYS FROM EFFECTIVITY
        (a.1) All qualified beneficiaries shall execute Contract to Sell (CTS) within sixty (60) days from effectivity of the IRR in order to avail of the lot at P700.00 per sq. m.
        
        FOR BOTH EASTSIDE AND WESTSIDE
        
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        EASTSIDE
        (b) eastside
        
        CTS WITHIN 6 MONTHS FROM APPROVAL OF SUBDIVISION PLAN BY DENR
        (b.1) All qualified beneficiaries shall execute CTS within six (6) months after the approval of the subdivision plan by the Department of Environment and Natural Resources (DENR).
        
        EXECUTION OF:
        DEED OF ABSOLUTE SALE
        3.3. Execution of Deed Of Absolute Sale (DOAS)
        
        PAY FULL PURCHASE PRICE -> DOAS
        a. Upon payment of the full purchase price, a Deed of Absolute Sale (DOAS) shall be executed between the trustee and the beneficiary.
        
        BENEFICIARY RESPONSIBLE FOR
        LTT + DST -> TRANSFER
        b. The beneficiary shall be responsible for the transfer of the title in their name after payment of local transfer tax and Documentary Stamp Tax.
        
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        3.4 Formulation and approval of the Community Development Plan (CDP)
        
        a. Master Development Plan (MDP)
        
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  - - - ROLE: RECEIVE, HEAR, SETTLE COMPLAINTS & DISPUTES ON:
        
        DQ/Q OF BENEFICIARIES
        
        COP (Code of Policies) VIOLATION
        
        APPEAL FROM PROJECT ADMIN DECISION
        
        FRAUD/MISDEED COMMITTED BY HOA OFFICERS
        b. The ARAC shall receive, hear and settle complaints and disputes involving:
        
        b.1 Disqualification/Qualification of beneficiaries;
        b.2 Violation of COP and other relevant laws, rules and regulations;
        b.3 Appeal from the Decision of project administrator;
        b.4 Fraud/misdeed committed by HOA officers.
        
        ARAC EVALUATES QUALIFICATION FOR
        CENSUS INCLUSION
        c. The ARAC shall evaluate the qualification for Census Inclusion of beneficiaries.
        
        30-DAY APPEAL PERIOD FROM
        RECEIPT OF DECISION
        d. The decision of ARAC is final and executory unless appealed to the NGC-AC within 30 days from receipt of the decision by the parties.
        
        MERGED:
        ARAC FOR EAST AND WEST ARE MERGED
        e. The existing ARAC for east and west shall be merged.
        
        REVIEW:
        ARAC SHALL REVIEW EXISTING RULES OF PROCEDURE
        The ARAC shall review existing rules of procedure.
    - - NGC HOUSING PROJECT TRUST
        a. There shall be a Trust known as the NGC Housing Project Trust.
        
        NHA = TRUSTEE
        b. The NHA shall serve as trustee for the project.
        
        TRUST AGREEMENT:
        
        EXECUTED BETWEEN HUDCC & NHA
        
        UPON TURNOVER FROM HGC TO NHA
        c. The specific powers and responsibilities of the Trustee, fees of the trustee, warranties and other terms and conditions of the trust shall be embodied in a Trust Agreement to be executed between HUDCC and NHA upon turn-over of the trusteeship function of HGC to NHA.
        
        TURNOVER:
        30 DAYS FROM IRR EFFECTIVITY
        d. The turn-over of the trusteeship function from HGC to NHA shall be effected within thirty (30) days from effectivity of these rules.
        
        UNDER MANAGEMENT & OPERATION OF HGC:
        
        CEZ
        
        HGC'S PROPRIETARY INTEREST
        e. The Commonwealth Enterprise Zone (CEZ) where the HGC has acquired proprietary interest shall remain under the management and operation of HGC.
        
        BUT COORDINATE WITH HUDCC & NHA IF:
        BENEFICIARY CONCERNS ARE AFFECTED
        However, coordination with HUDCC and NHA shall be made where beneficiary concerns are affected.
        
        POWER & RESPONSIBILITY TO:
        
        EXECUTE TRUST
        
        COORDINATE DISPOSITION OF PROJECT
        -FOR BENEFIT OF NGC-PMO
        As such, it shall have the power and responsibility to execute the trust and coordinate the disposition of the project for the benefit of NGC-PMO.
        
        TRUST COMPOSITION:
        
        TITLES PERTAINING TO NGC
        -ALREADY CONVEYED TO & POSSSED BY HGC
        It shall be composed of the titles pertaining to the NGC consisting of those already conveyed and in the possession of Home Guaranty Corporation (HGC) and
        -TO BE TRANSFERRED & HELD IN TRUST BY HGC
        the rest of the titles to be transferred and held in trust by HGC and
        
        FUNDS AS RECOVERY OF COST OF NGC
        -RESULTING FROM SALE/LEASE OF PROPERTY TO BENEFICIARIES & INSTITUTIONS
        the funds representing the recovery of the cost of the land of the NGC as a result of the sale or lease of the property to beneficiaries and institutions.