Legislative History
Entitled: AN ACT STRENGTHENING THE BALANCED HOUSING DEVELOPMENT PROGRAM, AMENDING FOR THAT PURPOSE REPUBLIC ACT NO. 7279, AS AMENDED BY REPUBLIC ACT NO. 9397, OTHERWISE KNOWN AS THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992 [ THIRD REGULAR SESSION, 16TH CONGRESS ] [ 2015 ] 9/10/2015 Prepared and submitted by the Committee on URBAN PLANNING, HOUSING AND RESETTLEMENT with Senator(s) FERDINAND "BONGBONG" R. MARCOS, MIRIAM DEFENSOR SANTIAGO, RAMON A. REVILLA JR. and JOSEPH VICTOR G. EJERCITO as author(s) per Committee Report No. 248, recommending its approval in substitution of SBNos. 2065, 2263, 2617 and HBN-4116; 9/14/2015 Committee Report Calendared for Ordinary Business; 9/14/2015 Sponsor: Senator JOSEPH VICTOR G. EJERCITO; 9/15/2015 Transferred from the Calendar for Ordinary Business to the Calendar for Special Order; 9/15/2015 Sponsorship speech of Senator JOSEPH VICTOR G. EJERCITO; [ 2016 ] 1/19/2016 Period of interpellation closed; 1/19/2016 Period of committee amendments; 1/19/2016 Period of committee amendments closed; 1/19/2016 Period of individual amendments closed; 1/19/2016 Approved on Second Reading with Amendments; 1/21/2016 Printed Copies were distributed to the Senators; 1/25/2016 Approved on Third Reading; 1/25/2016 In favor: (14) JUAN EDGARDO "SONNY" M. ANGARA, PAOLO BENIGNO "BAM" AQUINO IV, MARIA LOURDES NANCY S. BINAY, PIA S. CAYETANO, FRANKLIN M. DRILON, JOSEPH VICTOR G. EJERCITO, JUAN PONCE ENRILE, GREGORIO B. HONASAN II, MANUEL "LITO" M. LAPID, LOREN B. LEGARDA, AQUILINO KOKO III L. PIMENTEL, GRACE L. POE, VICENTE C. SOTTO III and CYNTHIA A. VILLAR; 1/25/2016 Against: N o n e ; 1/25/2016 Abstention: N o n e ; 1/25/2016 Senate requested the House of Representatives for a conference on the disagreeing provisions of HBN-4116 and SBN-2947, designating Senators Ejercito, Binay, Marcos, Angara and Villar as its conferees to the Bicameral Conference Committee;(Transmittal letter sent to the House of Representatives on January 28, 2016); 1/26/2016 Sent to the House of Representatives requesting for concurrence; 2/1/2016 House of Representatives designated Representatives Benitez, Bagatsing, Mercado-Revilla, Gutierrez, Batocabe, Revilla, Belmonte and Cayetano as its conferees to the Bicameral Conference Committee on the disagreeing provisions of HBN-4116 and SBN-2947 on January 25, 2016; 2/1/2016 House of Representatives designated Representatives Abu as additional conferee to the Bicameral Conference Committee on the disagreeing provisions of HBN-4116 and SBN-2947 on January 26, 2016; 2/2/2016 House of Representatives designated Representative Bello III vice Cayetano as conferee to the Bicameral Conference Committee on the disagreeing provisions of HBN-4116 and SBN-2947 on January 27, 2016; 2/3/2016 Sponsorship speech on the Conference Committee Report of Senator JOSEPH VICTOR G. EJERCITO; 2/3/2016 Conference Committee Report Approved by the Senate;(Transmittal letter sent to the House of Representatives on February 11, 2016); 5/23/2016 Conference Committee Report Approved by the House of Representatives; 6/13/2016 Enrolled copies of the consolidated version of SBN-2947 and HBN-4116, sent to the House of Representatives for the signature of the Speaker and the Secretary General; 6/15/2016 Enrolled copies of the consolidated version of SBN-2947 and HBN-4116, received by the Senate which were signed by the Speaker and the Secretary General of the House of Representatives; 6/16/2016 Enrolled copies of the consolidated version of SBN-2947 and HBN-4116, sent to the Office of the President of the Philippines through PLLO, for the signature and approval of His Excellency President Benigno S. Aquino III; FINAL TITLE: AN ACT STRENGTHENING THE BALANCED HOUSING DEVELOPMENT PROGRAM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279, AS AMENDED, OTHERWISE KNOWN AS THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992 6/30/2016 Enacted into Law without Executive Approval Pursuant to the provisions of Section 27(1), Article VI of the Constitution on July 17, 2016 and Became 6/30/2016 REPUBLIC ACT NO. 10884. (Pursuant to paragraph g, Sec. 7, Rule V of the Rules of the Senate, R.A.No. 10884 (SBN-2947/HBN-4116) with pertinent documents transmitted to the Legislative Records and Archives Service for safekeeping and preservation on August 9, 2016) (The legislative history/plenary deliberations is prepared by the INDEXING, MONITORING AND LIS SECTION, LEGISLATIVE BILLS AND INDEX SERVICE; The data entry re conducted committee meetings/hearings, conducted technical working group, is prepared by the Committee concerned/Committee Affairs Bureau)
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S. No. 2947 H. No. 4116 ; Manila Bulletin (August 01, 2016); 112 OG No. 33, 5205 (August 15, 2016)
[ REPUBLIC ACT NO. 10884, July 17, 2016 ]
AN ACT STRENGTHENING THE BALANCED HOUSING DEVELOPMENT PROGRAM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279, AS AMENDED, OTHERWISE KNOWN AS THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Short Title. – This Act shall be known as the “Balanced Housing Development Program Amendments”.SEC . 2. Amendatory Provisions. – The following provisions of Republic Act No. 7279, entitled “An Act to Provide for a Comprehensive and Continuing Urban Development and Housing Program, Establish the Mechanism for its Implementation, and for other Purposes”, are hereby amended:(a) Section 3 of Republic Act No. 7279 is hereby amended by redefining paragraph (r) to read as follows:
“(r) ‘Socialized housing’ refers to housing programs and projects covering houses and lots or home lots only, or residential condominium units undertaken by the government or the private sector for the underprivileged and homeless citizens which shall include sites and services development, long-term financing, liberalized terms on interest payments, and such other benefits in accordance with the provisions of this Act.”
(b) Section 18 of Republic Act No. 7279 is hereby amended to read as follows:
“SEC. 18. Balanced Housing Development. – The Program shall include a system to be specified in the Framework plan whereby owners and/or developers of proposed subdivision and condominium projects shall be required to develop an area for socialized housing equivalent to at least fifteen percent (15%) of the total subdivision area or total subdivision project cost and at least five percent (5%)of condominium area or project cost, at the option of the developer, in accordance with the standards as provided by law: Provided, That proposed socialized subdivision projects and proposed socialized condominium projects shall be exempt from this requirement. For this purpose, the Housing and Urban Development Coordinating Council and the National Economic and Development Authority shall jointly determine and set separate socialized housing price ceilings for socialized subdivision and socialized condominium projects which shall be mandatorily reviewed or revised every two (2) years. The balanced housing development as herein required may also be complied with by the owners and/or developers concerned in any of the following manner:“(a) Development of socialized housing in a new settlement:“(b) Joint-venture projects for socialized housing with either the local government units or any of the housing agencies or with another private developer, or with a nongovernmental organization engaged in the provision of socialized housing and duly accredited by the Housing and Land Use Regulatory Board, but if the developer has failed to complete the development of the project, the owner and/or developer of the main subdivision or condominium project shall be solidarily liable only to the extent of compliance to the balanced housing requirement regardless of the provisions of their joint venture agreement; or“(c) Participation in a new project under the community mortgage program.“The Housing and Land Use Regulatory Board is hereby mandated to submit to Congress an annual report on the compliance hereof by the owners and/or developers of subdivision and condominium projects.“Any person violating any provision of this section shall be imposed a fine of not less than five hundred thousand pesos (P500,000.00), for the first offense; suspension of license to do business for a period of three (3) to six (6) months and a fine of not less than five hundred thousand pesos (P500,000.00), for the second offense; and cancellation of license to do business for the third offense.”
(c) Section 20 of Republic Act No. 7279 is hereby amended to read as follows;
“SEC . 20. Incentives for Private Sector Participating in Socialized Housing. – To encourage greater private sector participation in socialized housing and further reduce the cost of housing units for the benefit of the under privileged and homeless, the following incentives shall be extended to the private sector:“(a) Reduction and simplification of qualification and accreditation requirements for participating private developers;“(b) Creation of one-stop offices in the different regions of the country for the processing, approval and issuance of clearances, permits and licenses: Provided, That clearances, permits and licenses shall be issued within ninety (90) days from the date of submission of all requirements by the participating private developers;“(c) Simplification of financing procedures; and“(d) Exemption from the payment of the following:“(1) Project-related income taxes;“(2) Capital gains tax on raw lands used for the project;“(3) Value-added tax for the project contractor concerned;“(4) Transfer tax for both raw completed projects; and“(5) Donor’s tax for lands certified by the local government units to have been donated for socialized housing purposes.“Provided, That a socialized housing certification issued by the Housing and Land Use Regulatory Board shall be sufficient for the purpose of availment of tax exemption: Provided, further, That upon application for exemption, a lien on the title of the land shall be annotated by the Register of Deeds: Provided, furthermore, That the socialized housing development plan has already been approved by the appropriate government agencies concerned: Provided, finally, That all the savings realized by virtue of this provision shall accrue in favor of the beneficiaries subject to the implementing guidelines to be issued by the Housing and Urban Development Coordinating Council.”“X X X.”
SEC. 3. Implementing Rules and Regulations. – Within ninety (90) days from the effectivity of this Act, the Housing and Land Use Regulatory Board shall promulgate a new set of implementing rules and regulations for the amended Sections 3, 18 and 20 of Republic Act No. 7279, consistent with the parameters and standards set forth in said sections. Nongovernment organizations and people’s organizations involved in housing rights and urban poor advocacy, as well as the private sector, shall be consulted in the process of drafting these implementing rules and regulations.SEC. 4. Reporting to Congress. – The Chief Executive Officer of the Housing and Land Use Regulatory Board shall submit an evaluation report to Congress every two (2) years after the effectivity of this Act.SEC. 5. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.SEC. 6. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the provisions of this Act is hereby repealed, modified or amended accordingly.SEC. 7. Effectivity. – This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in a newspaper of general circulation.Approved,
(Sgd.) FELICIANO BELMONTE JR.Speaker of the House of Representatives | (Sgd.) FRANKLIN M. DRILONPresident of the Senate This Act which, is a consolidation of Senate Bill No. 2947 and House Bill No. 4116 was finally passed by the Senate and the House of Representatives on February 3, 2016 and May 23, 2016, respectively.
Approved:BENIGNO S. AQUINO III President of the Philippines Lapsed into law on JUL 17 2016 Without the signature of the President In accordance with Article VI, Section27 (1) at the Constitution Source: Supreme Court E-Library |
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