paglaum housing project code of policies

8/12/2019 Paglaum Housing Project Code of Policies

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Republic of the PhilippinesProvince of Bukidnon

MUNICIPALITY OF MARAMAG

OFFICE OF THE SANGGUNIANG BAYAN

DRAFT ORDINANCE

Proponent:_____________

AN ORDINANCE ENACTING THE CODE OF POLICIES

PAGLAUM VILLAGE PROJECT MARAMAG, BUKIDNON

Explanatory Note:

Pursuant to the Implementing Rules and Regulations of the Local Government Code of 1991,among the powers, duties, and functions of the Sangguniang Bayan, as the legislative body of themunicipality is to regulate activities relative to the use of land, buildings, and structures within the

municipality in order to promote the general welfare. (Sec.100 (5) A.O. No. 270)

The Paglaum Village Project is envisioned to provide decent housing to the underprivileged andhomeless citizens including relocation of informal settlers. In order to achieve this vision it is necessarythat written set of rules, procedures must be adopted by the local government unit to be followed inundertaking the disposition of house and lot packages. Thus, there is a need to enact a code of policiesto address this requirement.

Be it enacted by the Sangguniang Bayan and in this Body assembled that:

CHAPTER IDECLARATION OF POLICIES

SECTION 1. The Municipal Government of Maramag fully subscribes to Section 9 of Article II of the1987 Philippine Constitution which declares that the state shall promote a just anddynamic social order that will ensure the prosperity and independence of the nation and tofree the people from poverty through policies that provide adequate social services,promote full employment, a rising standard of living and an improved quality of life.

SECTION 2. The Municipality of Maramag together with the Provincial Government of Bukidnon sharesits mission to promote the common good of the people by ensuring efficiency andeffectiveness in the delivery of basic service.

SECTION 3. The provision of decent shelter for the people living in poverty is of primordial concern ofLGU-Maramag consistent with its vision for its constituents living a quality life.

SECTION 4. LGU-Maramag together with the Province of Bukidnon adheres to uplift the conditions ofthe underprivileged and homeless citizens by making available to them decent housing ataffordable cost and delivery of basic services.

SECTION 5. For and in consideration of a smooth and harmonious implementation of the PaglaumVillage Project, there is a need to formulate humane policies, rules and regulationadvantageous to both LGU-Maramag and the beneficiaries.

SECTION 6. The beneficiaries/residents of the Paglaum Villages Project are enjoined to observe andfollow the policies, rules and regulations formulated and approved for this purpose inorder to achieve a peaceful, harmonious and orderly community.


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complied with and observed by the beneficiaries in the Paglaum Villages Project. Itscomposition shall be determined by the Maramag Municipal Council on Housing andResettlement and its term is co-terminous with the latter.

D. COST RECOVERY SCHEME

SECTION 18. The beneficiaries of Paglaum Village Projects of San Miguel, Danggawan, Tubigon andBase Camp, this Municipality, shall pay the respective amortization of the residentialunit awarded to them inclusive of the mortgage redemption insurance in accordancewith the Table Cost Recovery, as follows:

BARANGAY/PHASE TERM MONTHLYAMORTIZATION

TOTALAMORTIZATION

SANMIGUEL

PHASE 1 30 YEARS 250.00 90,000.00

PHASE 2 30 YEARS 250.00 90,000.00

ADDITIONAL25 UNITS

KILOSASENSO

30 YEARS 250.00 90,000.00

DANGGAWAN 30 YEARS 250.00 90,000.00

TUBIGON 30 YEARS 250.00 90,000.00

BASE CAMP 30 YEARS 250.00 90,000.00

Should there be Paglaum Village Projects in the future located in a different barangay thanthose mentioned above, the beneficiaries shall pay the same monthly amortization andtotal amortization with the same term stated above for their respective residential units.

SECTION 19. The beneficiary may opt to pay the entire amount of the total amortization of the

residential unit before the expiration of the 30 year term, in which case he shall bereimbursed of whatever payments he may have made in excess of what is legally dueto him by reason of such accelerated payment. Thereafter, Section 24 hereof shallapply.

SECTION 20. The beneficiary is given thirty (30) days grace period to pay his/her monthlyamortization based on each monthly installments paid. A penalty of one percent (1%)per month on the monthly amortization due and payable shall be charged if there isfailure to pay within the said period.

SECTION 21. In case of disability of the beneficiary, his/her spouse or immediate member of thefamily shall assume the accountability of paying the unpaid amortization/s until fully

paid in the specified term.

SECTION 22. In case of death of the beneficiary, the latter or his/her immediate family shall bereleased from the obligation of paying the total unpaid amortization/s uponcompliance with Section 15 of this Ordinance and the proceeds of the insurance shallaccrue to the Local Government of Maramag, Bukidnon as payment for the totalunpaid amortization, provided that the latter can recover from the insurance contract.If the local government cannot recover from the insurance contract based on the actsand omissions of the beneficiary, Section 21 of this Ordinance shall apply.

SECTION 23. Should the beneficiary default in the payment of three (3) consecutive monthly

amortizations, all persons claiming title/right under him/her shall be treated as anillegal occupant and he/she shall be ejected from the premises. All payments made bythe beneficiary shall be considered as reasonable compensation for the use andoccupation of the lot. The Municipality shall then and there be free to enter into thepremises, take possession thereof.


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E. DISPOSITION AND AWARDS

SECTION 24. The Municipal Government shall execute in favor of the beneficiary a final Deed of Saleover the residential unit upon full payment of the beneficiary of the total amortizationtogether with all interest due thereon in accordance with Sections 36, 37, and 38 ofChapter V hereof.

CHAPTER IIIBENEFICIARY SELECTION

SECTION 25. There shall be a census and household tagging to be conducted whenever there is a newsite available for Paglaum Village Project for the determination of qualified beneficiaries.This shall be undertaken by the Municipal Housing and Resettlement Task Force.

SECTION 26. A beneficiary must possess the following:

(a) Must be a Filipino citizen;

(b) At least 18 years of age and head of the household;(c) A person determined by the Municipal Housing and Resettlement Task Force in a census;(d) Willing to participate in the Paglaum Village Project and abide with the its Code of Polies;(d) Must be an underprivileged and homeless citizen, as defined in Section 70 hereof;(e) Must not own any real property whether in the urban or rural areas; and(f) Must not be a professional squatter or a member of squatting syndicates as defined in

Section 70 hereof.

The Maramag Municipal Council on Housing and Resettlement shall be allowed to supplementcriterias to qualify a beneficiary when the exigency of the circumstances demands addendumor revision in accordance with Republic Act 7279 and other pertinent laws. Such supplementor revision shall be subject for approval by the Local Chief Executive.

SECTION 27. Prior to the actual awarding of lots, the beneficiary is required to attend an orientationbriefing/seminar regarding their undertakings, Paglaum Villages rules and regulations,and the occupancy rules.

SECTION 28. The applicant shall address his application to the Chairperson of the Maramag MunicipalCouncil on Housing and Resettlement through the Technical Working Group.

CHAPTER IVLOT ALLOCATION

SECTION 29. Only the actual occupant within the Paglaum Villages Project site who has been properlyidentified and who meet the requirements for the beneficiaries as specified in Section 26hereof, and such other requirements as set by the Maramag Municipal Council onHousing and Resettlement are qualified to only one (1) lot per household except whenotherwise provided by the Maramag Municipal Council on Housing and Resettlement.The lot size and location shall be in accordance with the Municipal Housing ProjectPlans.

SECTION 30. The allocation of residential units shall be formulated by the Technical Working Groupand must be approved by the Maramag Municipal Council on Housing and Resettlement.The allocation shall conform on the following procedures:

(a) Each residential unit to be awarded to the beneficiaries shall be correlatively numberedstarting from the unit near the entrance of the Paglaum Village Project site.

(b) The first batch of beneficiaries shall be listed in the alphabetical order based on theirrespective surnames.

(c) Thereafter, the first name on the list shall be allocated with the residential unit nearestto the entrance to the Paglaum Village Project site followed by the next name on the listand so forth.


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(d) Subsequent batch of beneficiaries to the same Paglaum Village Project site shall beallocated with the residential unit after the last name of the first batch.

The Technical Working Group upon approval of the Maramag Municipal Council onHousing and Resettlement, is allowed to revise or amend the above-stated procedureswhen circumstances so warrant.

SECTION 31. Unallocated lots defined in Section 70 hereof, identified and found within the PaglaumVillage Project site shall not be occupied by any individuals whether they arebeneficiaries or not without the approval of the Maramag Municipal Council on Housingand Resettlement. Any family or individual occupying such unallocated lot shall be dealtwith pursuant to applicable laws.

CHAPTER VLOT AWARDS AND DISPOSITION

SECTION 32. The Technical Working Group of the Maramag Municipal Council on Housing and

Resettlement shall group the applications for beneficiary in the Paglaum Villages Projectby 10, 20, or 50 applications or in any expedient manner, and report the same to theMaramag Municipal Council on Housing and Resettlement for proper action.

SECTION 33. The Maramag Municipal Council on Housing and Resettlement after receipt of the reportstated in Section 32 hereof, shall decide to approve or disapprove the applications filedby the applicants and corresponding notices shall be sent to the applicants.

In the event that the application is disapproved, the applicant shall be informed of thereason(s) and ground(s) for such disapproval. The applicant may still file an appeal forreconsideration address to the Chair of the Maramag Municipal Council on Housing andResettlement through the Technical Working Group (TWG) within thirty (30) days uponhis receipt of the notice of disapproval. Upon submission of his appeal forreconsideration, he must also submit pieces of evidence to support his claim forbeneficiary status. The Technical Work Group shall evaluate the appeal based on theevidence submitted and make appropriate recommendation to the Maramag MunicipalCouncil on Housing and Resettlement who will endorse the same for theapproval/disapproval the Local Chief Executive. The decision of the Local Chief Executiveis deemed final and executory.

Approved applications shall be given to the Technical Working Group of the MaramagMunicipal Council on Housing and Resettlement for the latter to issue correspondingpapers of approval to the applicant and for record purposes.

SECTION 34. Upon the receipt of notice approving his application, he/she shall present before theTechnical Working Group of the Maramag Municipal Council on Housing andResettlement the said notice and at least two (2) valid identification cards. Thereafter,he/she must sign an agreement prepared by the Technical Working Group regardinghis/her undertakings as a beneficiary of the Paglaum Villages Project.

SECTION 35. Allocation process stated in Section 30 hereof shall then proceed. Thereafter, theTechnical Working Group shall issue to the beneficiaries copies of the papers ofapproval, beneficiaries undertakings, and occupancy rules including the keys to theresidential unit.

SECTION 36. The beneficiaries after paying the total amortization of the residential unit awarded tothem as specified in Section 18 hereof, shall present within reasonable time before theMaramag Municipal Council on Housing and Resettlement through its Technical WorkingGroup proof of payment, including but not limited to receipts, bonds, etc.

SECTION 37. The Technical Working Group after proof of payment is shown or presented as providedin Section 36 hereof, shall evaluate and investigate if such documents presented is


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credible and reliable based on records. If upon the determination of the TechnicalWorking Group more documents is needed for complete evaluation, notice shall be givento the beneficiary and the same much be complied within ten (10) days. Failure of thebeneficiary to comply with the notice will not affect the evaluation and the TechnicalWorking Group shall present its report and recommended actions to the MaramagMunicipal Council on Housing and Resettlement for proper action.

SECTION 38. Upon receipt of the report stated in Section 37 hereof, the Council shall within thirty (30)days decide to approve or disapprove the report.

Should the Maramag Municipal Council on Housing and Resettlement decide to approvethe same, notice shall be given to the beneficiary and the Technical Working Group, forthe latter to assist the beneficiary in securing a Deed of Sale and subsequently a title tothe property.

Should the Maramag Municipal Council on Housing and Resettlement decide todisapprove the same, notice containing reasons shall be given to the beneficiary. The

beneficiary may appeal for reconsideration in the same manner as stated in Section 33par.2 hereof

SECTION 39. The immediate family of the beneficiary entitled to receive the awarded lot uponcompliance with Section 22 of this Ordinance, must present before the Technical WorkingGroup a received copy of the notice as stated in Section 15 par. 1 hereof and a deathcertificate.

Upon receipt of the above-stated documents, the Technical Working Group shall preparea report on the records of the beneficiary concerned and the status report on theinsurance, and recommend to the Maramag Municipal Council on Housing andResettlement proper actions.

SECTION 40. The Maramag Municipal Council on Housing and Resettlement upon receipt of the reportstated in Section 39 hereof, should pursue to recover the insurance proceeds of thebeneficiary in a manner to be determined by the said Council.

The immediate family of the beneficiary during such period shall be allowed to reside inthe residential unit until final determination of the Maramag Municipal Council on Housingand Resettlement. In addition, payments of the monthly amortization shall be suspended.

Should the Maramag Municipal Council on Housing and Resettlement succeed to recoverthe insurance proceeds, Section 38 par. 2 hereof shall apply. Should the said Council

after all remedies has been exhausted, fail to recover the insurance proceeds notice shallbe sent to the members of the immediate family of the beneficiary and Section 21 hereofshall apply.

CHAPTER VIALLOCATION OF PROJECT COST

SECTION 41. The costs of the Paglaum Villages Project shall be based on the current market price andavailability of the materials and manpower to undertake the following works:

(a) Earth Works (g) Tinsmith Works (m) Raw Land Cost(b) Masonry Works (h) Painting Works (n) Infrastucture Cost(c) Steel Works (i) Electrical Works(d) Forms and Scaffolding (j) Plumbing Works(e) Carpentry Works (k) Labor Cost(f) Hardware (l) Land Development Cost

The Maramag Municipal Council on Housing and Resettlement upon recommendation ofthe Technical Working Group, may undertake other works necessary for the Paglaum


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Villages Project. The recovery scheme of these costs shall be done in the mannerprovided in Section 18 hereof.

SECTION 42. The incorporation of the costs of the Paglaum Villages Project in the payments of thebeneficiaries stated in Section 41 hereof, shall be on the basis of the computationprepared by the Technical Working Group to be reported to the Maramag MunicipalCouncil on Housing and Resettlement for approval or revision.

CHAPTER VIISALE AND TRANSFER OF RIGHTS

SECTION 43. The beneficiaries and their respective families shall be deemed to have waived theirrights over the residential units of the Paglaum Villages Project and other governmentprograms on housing and resettlement should they construct any structures in the areaswhere they have previously resided.

SECTION 44. Non-occupancy of the beneficiary and his/her immediate family over the residential unit

for three (3) consecutive months shall be deemed to be a waiver of his rights over thesaid unit. The said unit shall be considered available for occupancy by other beneficiaries.

SECTION 45. Each beneficiary is entitled to one (1) residential unit for himself/herself and his/herimmediate family. Should the beneficiary or his/her immediate family is found by theTechnical Working Group to be occupying more than one (1) residential unit of thePaglaum Villages Project, the beneficiary shall be deemed to have waived his rights overall the residential units occupied by him/her and his/her immediate family.

SECTION 46. The beneficiaries is prohibited to sell, transfer and dispose of the residential unit to anyperson or entity, including mortgaging the same in consideration of a loan or any otherobligation, without the consent of the Maramag Municipal Council on Housing andResettlement.

SECTION 47. The beneficiaries is prohibited to enter, arrange, or otherwise make available hisresidential unit in an agreement or contract with other persons or entities, the contentsof which pertains to the assumption of his/her obligation to pay the monthly amortizationstated in Section 18 hereof, for and in consideration of the usage and occupation of theresidential unit.

SECTION 48. The rule of Succession as provided in the Civil Code of the Philippines shall apply in theevent of death or incapacity of the beneficiary to whom the land is being awarded.

CHAPTER VIIIBENEFICIARY DISQUALIFICATION

SECTION 49. A beneficiary can be disqualified from any housing benefits under any projectadministered by the Council based on the following grounds:

(a) When a beneficiary sells, disposes or transfer his /her rights over a lot without theapproval of the Council.

(b) When a beneficiary allows himself to be used as a dummy for other person/s orentities to acquire rights over the residential as well as other benefits of the Paglaum

Village Project in any project site.

(c) When a beneficiary willfully violates any provision sets forth in the Code of Policiesand Rules and Regulation implemented by the Council.

SECTION 50. A beneficiary, who has been disqualified pursuant to Section 49 hereof, shall forever bedisqualified from receiving any government housing assistance.


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SECTION 51.The Municipal Council on Housing and Resettlement shall investigate all disqualificationcases.

SECTION 52. The decision of the Municipal Council on Housing and Resettlement shall be subject forconfirmation by the Local Chief Executive.

CHAPTER IXCONTROL OF STRUCTURES

A. STRUCTURES

SECTION 53. Structures constructed pursuant to the Paglaum Village Project shall be the onlystructures allowed in the Paglaum Village Project site, unless otherwise provided by theMaramag Municipal Council on Housing and Resettlement and they shall be tagged.

SECTION 54. Tag numbers assigned to each particular structure shall be permanent and non-transferable. Any tagged structure whose tags plates have been lost, worn out or stolen

must be reported to the Maramag Municipal Council on Housing and Resettlement andthe concerned household head shall apply for a replacement of a new tag plate but not anew number. A new tag plate will be issued after payment of its cost to be determined bythe Council later.

SECTION 55. Any structure claimed missed out during the census tagging may be accommodate uponpresentation of evidence and after investigation by the Municipal Council and HousingResettlement.

SECTION 56. The physical transfer of existing tagged structures / dwelling units within the PaglaumVillage Project site is strictly prohibited unless authorized by the Maramag MunicipalCouncil on Housing and Resettlement on any of the following grounds:

a. If the transfer is required resulting from the implementation of the municipaldevelopment plans; and

b. If the present site proves to be an imminent danger to health, well being, life andproperty of the occupant.

SECTION 57. All illegal structures shall be removed from the Paglaum Village Project site at theexpense of the owner / occupant within ten (10) days upon receipt of the eviction notice.However, if the said owner / occupants fail to dismantle or remove the same structure, itshall dismantled upon order by the Maramag Municipal Council on Housing andResettlement in accordance with existing laws, rules and regulations or guidelines on

eviction and dismantling.

SECTION 58. Improvements or alteration on structure constructed on government-owned lands prior tothe start or during the actual site development are strictly prohibited except when thereis a written approval by the Council.

B. NEW CONSTRUCTION

SECTION 59. All construction shall conform to the design and specification provided by the Council.

A. REPAIR AND EXTENSION

SECTION 60. Extensions and/or major repairs on existing structures maybe allowed only after aclearance have been issued by the Maramag Municipal Council on Housing andResettlement and building permit issued by the Building Official.

SECTION 61. Whenever a structure becomes an imminent danger to life, well-being and / or propertyof the occupants, the Municipal Council and Resettlement may issue the clearance for theimmediate and necessary repair.


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B. DEMOLITION / RELOCATION OF STRUTURES

SECTION 62. The Maramag Municipal Council on Housing and Resettlement shall be responsible for theorder of dismantling of structures found to be illegally constructed found within identifiedpriority areas.

SECTION 63. If there are grounds for dismantling a structure, the Municipal Council on Housing andResettlement shall duly inform the owner and / or the occupants through a notice ofeviction as provided by the rules and regulations of Municipal Task Force on Housing andResettlement.

SECTION 64. In any case where there is on-going construction / repair / extension, the MunicipalCouncil on Housing and Resettlement shall stop such activity unless there is a permitissued by the Building Official and a clearance from the Municipal Council on Housing andResettlement.

SECTION 65. All structures affected by the demolition that are found within the identified priority areasshall be given priority to avail lot at the Paglaum Village Project site. The materials ofeach structure gathered after the demolition will be transported by the municipal vehicleto the lot allotted for the owner of the demolished structure. Construction cost of the newstructure will be shouldered by the owner.

SECTION 66. The Punong Barangay who has jurisdiction over the areas affected with the demolitionshall see to it that no new structures will be constructed again in the same area.

CHAPTER IXEJECTMENT/EVICTION

SECTION 67. Any beneficiary who has been found by the Council to have violated the provisions of thisOrdinance, rules and regulation implemented by the Council, and other existing lawsrelative to housing and resettlement projects shall be evicted from any Paglaum VillagesProject site after the observance of due process.

SECTION 68. All illegal entrance/entries found in Paglaum Villages Project site shall be subjected toeviction after due notice.

SECTION 69. The Council shall formulate a humane process in the execution an ejectment or evictionin accordance with Republic Act 7279 and other pertinent laws.

CHAPTER XDEFINITION OF TERMS

SECTION 70. The following terms herein defined shall form part of this Code of Policies:

(a) Allocation refers to the act of designating a beneficiary to a certain specific residential unit;

(b) Affordable cost refers to the most reasonable price of land and shelter based on the needs andfinancial capability of beneficiaries and appropriate financing schemes as determined by the Council;

(c) Beneficiary refers to a qualified applicant approved by the Council to avail the benefits of thePaglaum Villages Project;

(d) Council refers to the Maramag Municipal Council on Housing and Resettlement organized andcreated under Ordinance No. 01 Series of 2004;

(e) Credibility/Reliability refers to the authenticity of the documents presented to the TechnicalWorking Group;


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(f) Disability refers to incapacity to fulfill the obligation of paying the monthly amortization by reasonof imprisonment, civil interdiction and the like;

(g) Disqualification refers to the forfeiture of benefits from the project and cancellation of right ofbeneficiaries to the Paglaum Villages Project;

(h) Household Head refers to the legitimate and legal head of the family structure.

(i) Illegal entrance/entries refers to pathways not intended for passage;

(j) Incorporation refers to the inclusion of the project costs to the total amortization of a residentialunit;

(k) Immediate family refers to the family members of the beneficiary including his/her spouse andtheir children, parents, nephews/nieces, uncles/aunts residing with the beneficiary and dependent uponhim for support;

(l)Occupancy/Non-occupancy refers to the continuity of use of the residential unit;

(m) Major Repair refers to the restoration or replacement of worn-out or damaged structural orarchitectural parts of a structure which is extensive in nature;

(n) Minor Repair refers to the restoration or replacement of worn-out damaged parts of a structurewhich is minor in nature;

(o) Professional squatters refers to individuals or groups who occupy lands without the expressconsent of the landowner and who have sufficient income for legitimate housing. The term shall alsoapply to persons who have previously been awarded homelots or housing units by the Government butwho sold, leased or transferred the same to settle illegally in the same place or in another urban area,and non-bona fide occupants and intruders of lands reserved for socialized housing. The term shall notapply to individuals or groups who simply rent land and housing from professional squatters orsquatting syndicates;

(p)Residential Unit refers to the units awarded to the beneficiary including the land erected by theunit;

(q) Structures refers to manmade building or dwelling units for the support, shelter or enclosure ofpersons, animals, chattels facilities or property of any kind;

(r) Squatting syndicates refers to groups of persons engaged in the business of squatter housing forprofit or gain;

(s) Technical Working Group refers to a group of persons organized and tasked by the Council tostudy technical matters involving the Paglaum Villages Project;

(t) Unallocated Lots refers to areas within the Paglaum Village Project determined by the MaramagMunicipal Council on Housing and Resettlement not intended for occupancy

(w) Underprivileged and homeless citizens refers to the beneficiaries of this Project and to individualsor families residing in urban and urbanizable areas whose income or combined household income fallswithin the poverty threshold as defined by the National Economic and Development Authority and whodo not own housing facilities. This shall include those who live in makeshift dwelling units;


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CHAPTER XICOMMON PROVISIONS

SECTION 71. If for any reason, any provisions of this Ordinance are declared invalid orunconstitutional, the remaining provisions not affected thereby shall continue to be inforce and effect.

SECTION 72. Ordinance No. 2011 - 21 is hereby repealed and amended accordingly. All otherordinances of the Municipal Government, rules and regulations, or parts thereofinconsistent with this Code are hereby repealed or modified accordingly.

SECTION 73. Beneficiaries of the Paglaum Villages Project before the enactment of this Ordinance shallcontinue to be beneficiaries thereof. However, they shall comply with this Ordinancewithin (30) days after the same has been informed to them.

SECTION 74. This Code shall take effect upon approval and after posting the same in three (3)conspicuous places for a period of three (3) consecutive weeks

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