National Land Use Act
Among the many bills on housing and
real estate pending in the legislature is House Bill No. 6545 or the proposed
National Land Use and Management Act (NLUMA). In the last 21st CREBA
National Convention in Palawan, Cong. Rodolfo G. Valencia reported that the
current version of the bill, principally authored by Cong. Kaka Bag-ao, was
filed on September 6, 2012, first read on September 10, approved on second
reading just a day after, approved on third reading on September 20 and swiftly
transmitted to the Senate on September 26.
The Constitution mandates that all sectors
everywhere in the country should be given optimum opportunity to develop. It
covers the principle of equitable land access for all sectors premised on the
judicious allocation of lands to achieve well-balanced socio-economic
development to ensure prosperity for the greatest number.
The property sector has never been against the
allocation of the best and most productive lands for agricultural purposes to
provide food security for our people. However, modern times dictate that mere
allocation of land is not enough. We need to apply modern technology in food
production which we lack.
We in CREBA recognize the need for a clear,
consistent and socially acceptable land use policy that will remove the
inconsistency brought about by conflicting laws on land utilization and resolve
conflicts due to competing land use. To name a few, we cite the following
existing laws dealing with land use.
Republic Act No. 7279 or the Urban Development
and Housing Act (UDHA) of 1992 classifies all cities regardless of their
population density and municipalities with a population density of at least
five hundred (500) persons per square kilometer as “urban areas” and reserves
them for human settlement and other non-agricultural uses.
Republic Act 7916 or the PEZA Law identifies
certain areas as ecozones under the jurisdiction of the Philippine Economic
Zone Authority (PEZA) and reserves them for agro-industrial, industrial,
tourist, recreational, commercial, and other non-agricultural uses.
Republic Act 8435 or the Agriculture and
Fisheries Modernization Act of 1997 identifies areas as “Strategic Agriculture
and Fisheries Development Zones” (SAFDZ) which are set aside for agricultural
development. Republic Act 6657 or the CARP Law specifies the lands which are to
be used for agrarian reform purposes.
Republic Act 7160 or the Local Government Code
confers upon LGUs the authority and responsibility to determine land use in
their localities through their zoning powers. The DENR charter provides it
exclusive jurisdiction over lands of the public domain as well as the power to
implement laws intended for environmental protection.
To CREBA’s mind, there is no need for a new
legislation since the goals sought to be attained – food security,
environmental protection, agrarian reform, urban land reform, agricultural
development, industrial development, and the like – have already been addressed
under various existing laws. All that is necessary is simply the proper application
and implementation of these existing laws.
From the words of veteran legislator and Realtor
Cong. Valencia, an original incorporator of CREBA, the NLUMA Bill is “redundant,
usurpatory, and over-reaching”. He asserts that it serves as a mere camouflage
for perpetuating the CARP, and diverts attention from the real issues and
problems on the ground.
To be socially acceptable, a land use policy must
treat equally the Constitutional mandates of undertaking a just distribution of
agricultural lands, and providing affordable and decent housing and basic
services to underprivileged and homeless citizens. The interests of a nation
and its citizens require the highest and best use of the land and the widest
distribution of land ownership.
The housing industry is no doubt a vital sector
in our country’s future. It is a key sector of our economy that addresses not
only the problem of homelessness but provides millions of jobs to the
unemployed and billions of revenues to government. #
CREBA
SPEAKS
By:
Mr. Charlie A. V. Gorayeb
National
President
May
2012
Department of Housing: A MUST
It is a great honour and privilege for me to lead for another year
the country’s largest umbrella organization of stakeholders from the allied
industries of housing, construction, and real estate development – the Chamber
of Real Estate and Builders’ Associations, Inc. or CREBA.
Over the last four decades, CREBA has taken upon itself to regularly
propose legislative and administrative approaches to housing production,
finance or regulation, or submit well-researched commentaries or critique of
government-initiated legislation or policies related to housing.
From time to
time, however, CREBA has also seen it fit to propose measures or take a
position on emerging concerns or issues that, although not directly related to
housing, nevertheless affect the socio-economic or political environment that
invariably impacts on housing and real estate.
Among the major issues that have continued to plague the housing
sector is the absence of a government unit devoted to provide solutions to the
over-arching challenges of providing decent homes for Filipinos. Thus, CREBA
has been pushing for the creation of the Department of Housing and Urban
Development (DHUD) through legislation.
CREBA perceives that since the
abolition of the Ministry of Human Settlements in the wake of the Martial Law
regime's downfall, the housing effort has suffered in terms of prioritization
at the highest levels of Government. Since shelter is one of the three most
basic needs of man, provision of the same should enjoy a priority at least
equal to tourism and other government services, and should be similarly
addressed by a full-fledged Department rather than just a mere Coordinating
Council.
Toward this end, CREBA has been
continually working for the creation of a DHUD that will establish a permanent
seed fund, balance land use, enhance securitization measures, expand the powers
of the HLURB to cover summary ejectment functions and thus, protect the
property rights of legitimate landowners, among many other urgently needed
reforms.
CREBA
believes that the creation of a Housing Department is not only imperative, but
long overdue. The Chamber has long been an advocate of the DHUD Bill and has
unfailingly submitted its proposals to both Houses of Congress over the
years. Our position has remained consistent
for the past 2 decades: that the DHUD need not be structured with the usual
full complement of bureaus and service divisions.
This
is because the administrative and operational structure is already in place –
comprised of the existing housing agencies and GOCCs. There is thus no
compelling need to disturb this existing infrastructure.
What
is of utmost importance is to cloth the policy-making and overseeing body with
powers sufficient to ensure (1) that the existing housing agencies, local
governments and the private sector operate in a concerted and holistic fashion,
and (2) that the housing and urban development effort is accorded the priority
it deserves at the highest rungs of government.
Thus,
it should suffice to elevate the status of the present Housing and Urban
Development Coordinating Council (HUDCC) into a Department, maintain its
present complement of offices and personnel, attach thereto the existing
housing agencies and GOCCS, and confer upon this Department adequate
administrative and supervisory powers over the KSA’s and their respective
governing boards.
Perhaps
the most radical, albeit necessary, measure we would now like to introduce, in
view of our actual and recent experiences, is the granting of veto powers upon
the Housing Secretary over all actions taken by the governing boards of the
KSA’s with respect to investments, allocation and disposition of funds,
issuance of credit instruments, and such matters as may bear directly or
indirectly on policies, programs, rules and regulations adopted by the
Department.
The
DHUD Bill should, therefore, grant the Housing Secretary full authority and
direct control over the KSA’s, and in the process, provide the mechanism for
responsibility and accountability for his actions.
With
the full support of the Housing Czar, Vice-President Jejomar C. Binay, and the
tireless efforts of the Senate and House Committees headed by Sen. Ferdinand R.
Marcos, Jr. and Cong. Rodolfo G. Valencia, we hope that our resolve to pass the
DHUD Bill for the last 20 years will finally translate to reforms that will
benefit our people. #
E-mail
us at creba_national@yahoo.com or
don_cipoy@yahoo.com.ph. ###
The
CREBA Speaks is a bi-monthly column published at the Manila Bulletin. For comments, interested parties may e-mail the
author at creba_national@yahoo.com.
Download copy of PDF here: http://www.creba.ph/images/penofthepresidents/CREBA%20Speaks%2019.pdf
