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Republic of the Philippines
Province of Misamis Oriental
CITY OF EL SALVADOR
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OFFICE OF THE SANGGUNIANG PANLUNGSOD
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EXCERPT FROM THE MINUTES OF THE 13 REGULAR SESSION OF THE 4
SANGGUNIANG PANLUNGSOD, CITY OF EL SALVADOR, PROVINCE OF MISAMIS
nd
ORIENTAL HELD ON OCTOBER 7, 2019 ATTHE NEW SP SESSION HALL, 2 FLOOR
NEGOSYO CENTER BUILDING.
Present: Hon. Agripino D. Estrada, Jr. City Vice-
Mayor/Presiding Officer
Hon. Eduardo A. Ayunting City Councilor
Hon. Mark William U. Tan City Councilor
Hon. Narving R. Jaudian City Councilor
Hon. Felipe R. Lim, Jr. City Councilor
Hon. Leopacita C. Macarandan City Councilor
Hon. Jeen Elleen Grace C. Lopez City Councilor–Late
Hon. Nilo T. Pates City Councilor
Hon. Erwin N. Magriña City Councilor
Hon. Asuncion C. Yamaro City Councilor
Hon. Felipe B. Cuaresma Liga Federation President
Hon. Elizabeth C. Amahan SK Federation President
Absent: Hon. Aida T. Noble City Councilor
RESOLUTION NO. 081-A–S. 2019
“A RESOLUTIO0N TO PASS AN ORDINANCE ESTABLISHING THE GUIDELINES
IN THE ADMINISTRATION AND IMPLEMENTATION OF ALL RESETTLEMENT
AND SOCIALIZED HOUSING PROGRAM OF THE CITY OF EL SALVADOR,
PROVINCE OF MISAMIS ORIENTAL”
WHEREAS, Section 9, Article XIII of 1987 Constitution provides that the
“State shall by law, and for the common good undertake, in cooperation with the
private sector, continuing program of urban land reform and housing which will
make available at affordable cost decent housing and basic services to
underprivileged and homeless citizens in urban centers and resettlement areas”;
WHEREAS, Section 17, Republic Act 7160, otherwise known as the Local
Government Code of 1991 provides that “LGUs shall endeavor to be self-reliant and
shall continue exercising the powers and discharging the duties and functions
currently vested upon them.xxx as are necessary, appropriate or incidental to
efficient and effective provision of basic services and facilities enumerated herein
xxx (viii) Programs and projects for low-cost housing and other mass dwelling,
except those funded by the SSS, GSIS and the HMDF;
WHEREAS, RA 9435 otherwise known as the Charter of the City of El
Salvador the “SangguniangPanlungsod, as the legislative body of the City, shall
enact Ordinances, approve resolutions and appropriate funds for the general welfare
of the City and its inhabitants pursuant to Section 16 of the Local Government Code
and in the proper exercise of the corporate powers of the City as provided under
Section 22 of the Local Government Code;
WHEREAS, in response to RA 7279, the City Government acknowledged the
need to provide the constituents with affordable and descent housing project;
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NOW, THEREFORE, after due deliberation on the Matter and On Motion of
Hon. Felipe R. Lim, Jr., Unanimously Seconded, it was
RESOLVED, this Body hereby resolves to pass an Ordinance.
ORDINANCE NO. 01-A- S. 2019
AN ORDINANCE ESTABLISHING THE GUIDELINES IN THE ADMINISTRATION
AND IMPLEMENTATION OF ALL RESETTLEMENT AND SOCIALIZED
HOUSING PROGRAM OF THE CITY OF EL SALVADOR,
PROVINCE OF MISAMIS ORIENTAL”
BE IT ORDAINED, by the Sangguniang Panlungsod of the City of El Salvador
in session assembled that:
SECTION 1. Declaration of Policy. – It is hereby the policy of the City
Government of El Salvador to undertake a comprehensive and continuing program
which shall uplift the conditions of the underprivileged and homeless citizens in
urban, rural and in public lands by making available to them decent housing and
basic services at affordable cost.
SECTION 2. Definition of Terms. – For purposes of understanding and
guidance, the terms herein used shall be defined as follows:
1. Beneficiary - Any person/persons who meet the requirements set forth in this
Ordinance or as provided for in the RA 7279, otherwise known as Urban
Development and hOusing Act of 1992 is qualified or entitled to acquire
either a house and lot or lot only.
2. Surveyed Household – Any household who is included in the profiling of the
would-be beneficiaries as determined by the Selection Committee.
3. Household – A group of persons who lives in the same dwelling unit and have
a common arrangement for the preparation and consumption of food.
4. Household Head – The legitimate and head of the family with at least one
dependent entitled to a support within a structure.
5. Resettlement Areas – Refer to areas identified by the appropriate national
agency or by local government unit with respect to areas within its territorial
jurisdiction, which shall be used for the relocation of the would-be
beneficiaries.
6. Socialized Housing – Refers to the housing program and projects covering
house and lot or homelot only undertaken by the government or the private
sector for the underprivileged and homeless citizens which shall include
sites and services development, long term financing, flexible terms on
interest payments, and such other benefits in accordance with the provisions
of R.A. 7279.
7. Underprivileged and Homeless Citizens – Refer to the beneficiaries of the R.A
7279 and to individuals or families residing in urban and rural areas, whose
income or combined household income fails within the poverty threshold as
defined by the National Economic and Development Authority (NEDA) and
who do not own housing facilities. This shall include those who live on
makeshift dwelling units and do not enjoy security of tenure.
8. Affordable Price - Refers to the most reasonable price of land and shelter
based on the needs and financial capability of would-be beneficiaries and
appropriate financing schemes.
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9. Joint Venture – Refers to the commitment or agreement entered into by and
between two (2) or more persons to carry out a specific or single business
enterprises for their mutual benefit to which purpose they combine their
funds, land resources, facilities and services.
10. Amortization Payments – A regular instalment to be collected by the City
Treasury Office from the beneficiary –awardee of the housing program.
11.Infrastructure Cost/Development Cost – The expenses incurred in the
construction of roads, footpaths, alleys, drainage, bridges, public utilities and
other physical horizontal facilities in the project site.
12.Land Acquisition Cost – The expenses incurred in the purchase of lots to be
developed as housing sites.
13.Transfer of Rights Through Succession – Means that in case of death of
beneficiary- awardee, the surviving spouse shall succeed both the rights and
obligations of the deceased spouse. However, in case of death or permanent
incapacity of both parents, the legal successor in interests of both parents
shall be considered as successor.
SECTION 3. Beneficiary Selection and Lot Allocation. – Any qualified
beneficiary shall only be entitled to one lot.
In the awarding and allocation of residential lots, the beneficiaries are as
follows:
1. Households affected by the implementation of infrastructure and
development effort of the City.
2. Those affected by natural and man-made calamities, and those provided
under RA 7279.
3. Households who are living in Environmentally Critical Areas (ECA) such as but
not limited to esteros, landslide prone, garbage dump, riverbanks, shorelines,
waterways, sidewalks, roads, parks, playgrounds and other public places.
4. Households issued with court ejectment orders for demolition and those
qualified under RA 7279.
5. Landless City Hall employees.
6. Must not be a professional squatter or a member of squatting syndicates.
SECTION 4. Priority in the Awarding of Housing Unit or Home Lot. – In
awarding the Housing Unit or Home Lot, or both, the following shall be given
preference:
a. First Priority – Paragraphs 1 and 2, Section 3 of this Ordinance shall apply.
b. Second Priority – Paragraphs 3 and 4, Section 3 of this Ordinance shall
apply.
c. Third Priority – Paragraph 5, Section 3 of this Ordinance shall apply.
SECTION 5. Basic Qualification of a Beneficiary. - To qualify as
beneficiary, he or she must have the following qualifications:
1. A Filipino citizen of legal age;
2. Head of the family with at least one (1) dependent living within a structure;
3. Must be an underprivileged and homeless citizen, as defined in Section 3 of
R.A. 7279;
4. Must not be a beneficiary of any housing project and/or lot acquisition
program from the government or any private entity;
5. Must not be a professional squatter or a member of squatting syndicates;
6. Is a bonafide citizen or has permanent residence of El Salvador City;
7. Those occupants under existing resettlement project are not covered by the
above qualifications.
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SECTION 6. Prohibitions and Limitations:
1. House and lot or lots awarded including improvements therein shall not be
transferable except on the following circumstances:
a. Succession.
b. After five (5) years upon full payment of the amortization, such lot may
be transferred to the next beneficiary.
c. Execution of final transfer of ownership shall only be made after full
payment of purchase price.
2. No transfer by onerous or gratuitous manner shall be allowed within the
prohibition period. Any transfer or assignment made is null and void.
3. Sell, transfer or dispose of beneficiary’s right is hereby strictly prohibited.
SECTION 7. Project Cost. – Awardee or beneficiary shall be charged for
project cost from which they derived specific benefits.
Costs shall include the following:
1. Cost of land.
2. Land development cost to include the onsite infrastructure like
construction of roads, footpaths, alleys, drainage, bridges, public utilities,
technical supervision, administrative/management cost and collection
charges of the total cost and the like.
SECTION 8. Unit Cost. – The actual price per square meter shall be
determined by dividing the recoverable investment by the total saleable area for
the lot only, while for the housing component, it shall be determined by the total
house cost without inflation rate. The detailed total cost and monthly amortization
to be paid by the beneficiary shall be indicated in the contract agreement between
the City Government of El Salvador and the identified beneficiary.
SECTION 9.Construction. – The type of unit construction will be determined
by the City Housing Board.
SECTION 10. Collection and Default. – The City Treasurer has the sole
responsibility for the collection of amortization payments and other revenue which
may be generated under this project, and as per Updated Local Revenue Code.
A qualified awardee/beneficiary shall pay to the City Treasury a down
payment of at least Three Percent (3%) of the total selling price upon the
execution of the contract and immediately thereafter. The amortization shall be
paid within the first five (5) days upon due date.
A penalty of Two Percent (2%) per month shall be imposed for late payment.
Failure to pay three (3) consecutive monthly amortization. Including the surcharges
thereof shall make the whole amount and demandable which shall be paid within
one (1) month from the time of demand.
SECTION 11. Priorities in the Acquisition of Land. – Lands for socialized
housing shall be acquired in the following order:
a. Those owned by the Government or any of its subdivision, instrumentalities, or
agencies, including government-owned or controlled corporations and their
subsidiaries;
b. Alienable lands of the public domain;
c. Unregistered or abandoned and idle lands;
d. Those within the declared Areas for Priority Development, Zonal Improvement
Program sites, and Slum Improvement and Resettlement Program sites which have
not yet been acquired;
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