REGULAR SESSION HELD ON AUGUST O6, 2002
Hon. Lawrence Ll. Cruz, City Vice-Mayor, Presiding Officer
Hon. Wilfredo R. Bacareza, Member
Hon. Alfredo R. Busico, Member
Hon. Leobert B. Pairat, Member
Hon. Providencio P. Abragan, Sr., Member
Hon. Ronaldo D. Espina, Member
Hon. Emmanuel V. Engracia, Member
Hon. Orlando M. Maglinao, Member
Hon. Esperidion L. Sagrado, Member
Hon. Bernard Antonio Y. Palafox, Member
Hon. Ariel P. Anghay, Member (OB)
Hon. Bienvenido V. Badelles, Member
RESOLUTION NO. 02-655
WHEREAS, Republic Act No. 7279, entitled “An Act To Provide For Comprehensive and Continuing Urban Development And Housing Program, Establish The Mechanism For Its Implementation, And For Other Purposes” mandates the Local Government Units (LGUs) to take the principal role in the provision of decent and affordable housing units to its homeless constituents;
WHEREAS, per study of the city, it was found out that there are still several employees working both in the national and local government who are still without land and are living on rented houses;
WHEREAS, to alleviate their social condition and to assist them, the city has purchased lots and will purchase more in the future, and with the support of other housing agencies of the National Government to develop these into housing sites for the national and city government employees without homes;
WHEREAS with the development of these housing sites, there is a need for the city to lay down the guidelines in the administration and selection of its beneficiaries;
WHEREAS, during the Urban Development and Housing Board meeting dated March 25, 2002, the Board discussed the guidelines in the administration and implementation of the City Housing Program for the National Government and City Government employees/officials; and in a public hearing conducted on June 28, 2002, attended by employees of the City and National Government Offices, participants didn’t raised their objection to the proposal;
WHEREFORE, on motion of Member Ronaldo D. Espina, duly seconded by Members Wilfredo R. Bacareza and Leobert B. Pairat;
BE IT RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod of Iligan, that the following Ordinance be ADOPTED and APPROVED:
CITY ORDINANCE NO. 02-4190
AN ORDINANCE PROVIDING THE GUIDELINES IN THE ADMINISTRATION AND IMPLEMENTATION OF THE CITY HOUSING PROGRAM FOR THE LANDLESS/OR HOMELESS REGULAR EMPLOYEES AND OFFICIALS WORKING IN THE CITY GOVERNMENT OF ILIGAN AND OTHER AGENCIES OF THE NATIONAL GOVERNMENT.
Be it ordained by the Sangguniang Panlungsod of Iligan in session assembled, that:
SECTION 1. There is PROVIDED, as the same is hereby PROVIDED, the Guidelines in the Administration and Implementation of the City Housing Program for the National Government and City Government Employees/officials.
SECTION 2. Declaration of Policy. - It is hereby the declared policy of the City Government of Iligan to provide shelter or home lots to all regular employees and/or officials working in the National Government or City Government who are landless and who have no homes of their own.
SECTION 3. Definition of Terms. - As used in this ordinance, the following terms shall have the respective meanings:
Amortization Payments - a regular monthly installment to be collected by the City Government from the beneficiary-awardee of housing unit or home lot, payable over a specific period of time or a number of years, including penalty for delayed payments, if any.
Beneficiary/Awardee - any National Government and City Government employees/official who meet the requirements set forth in this ordinance is a recipient or entitled to either a house and lot or home lot.
Infrastructure Cost/Development Cost - the expenses incurred in the construction of roads, footpaths, alleys, drainage, bridges and other physical horizontal facilities in the project site.
Land Acquisition Cost - the expenses incurred in the purchase of lots to be developed as housing sites.
National Government and City Government Employees - person/s who are presently working on permanent status in any National Government or City Government agency.
Rights Transfer Through Succession - would mean that in case of death of beneficiary-awardee, the surviving spouse shall succeed both in rights and obligations of the deceased spouse. However, in case of death or incapacity of both parents, the legal successor in the interest in both parents, the legal in interest, and in accordance to the law recognizes the next of kin, as successor.
SECTION 4. - Creation of the Committee on Housing. - Through an Executive Order, the Chief Executive shall create a Committee on Housing, whose functions includes, but not limited to the acceptance of applications, validation and evaluation of the correctness and completeness of said applications and Awarding of Housing Unit or Home Lot to qualified beneficiaries, which shall be composed of the following.
1. City Mayor, as Chairman
2. SP Chairman, Committee on Housing and Resettlement
3. Urban Development and Housing Office (UDHO)
4. City Assessor’s Office
5. City Treasurer’s Office
6. City General Services Office
7. Iligan City Government Employees Union
8. Department of Education
SECTION 5. Priority in the Awarding of Housing Unit or Home Lot. - In awarding the Housing Unit or Home Lot, the following shall be given preference:
a. First priority - those landless who are presently renting houses or apartments.
b. Second Priority - those who own houses but whose land they areoccupying are not of their own.
SECTION 6. Basic Qualification of Beneficiary-Awardee. - The Beneficiary- Awardee shall meet the following requirements:
a. Must be a government employee working in any National or City
Government agencies having permanent position, in accordance to the Civil Service Rules and Regulations;
b. Must not be an owner of any land or real estate in Iligan City or elsewhere as certified by the Office of the Assessor or Registry of Deeds;
c. Must not be a beneficiary of any housing project and/or lot acquisition program from the government or any private entity.
SECTION 7. Allocation of Housing Unit or Home Lot. - Any qualified beneficiary shall be entitled only to either one (1) housing unit or one (1) home lot.
SECTION 8. Applications found to be willfully and deliberately misrepresented so as to misled/deceive the City Government and with the intent of availing the housing program, shall be the ground for outright rejection.
SECTION 9. Prohibitions/Limitations. - Lots awarded including any fixed improvements therein shall not be transferable, except on the following circumstances:
a) By way of hereditary succession;
b) Execution of a Deed of Absolute Sale between the City Government and the beneficiary-awardee upon full payment of the purchase price.
2. Any contract entered into by the beneficiary-awardee for the purpose of selling, transferring, renting or otherwise disposing of his/her rights on the awarded housing unit or home lot to another party, without the written consent of the City Government, shall be declared as null and void ab initio. This will serve as grounds for the City to institute legal actions against the offending beneficiary-awardee. Said beneficiary-awardee shall be disqualified and barred from availing any City Government Shelter or Resettlement program.
3. Beneficiary-Awardee who fails to occupy the awarded housing unit or home lot after the lapse of three (3) months from the time of the award, shall be considered to have forfeited his/her right to said housing unit or home lot. The same shall be re-awarded to another qualified beneficiary. In the event that the aforementioned beneficiary-awardee can provide valid and justifiable grounds that hinder him/her to occupy within the first three months period, an extension, may be granted to him/her by the city, Provided such extension shall not exceed three (3) months.
SECTION 10. Cost Recovery. - Cost/expenses incurred during the development of the housing project shall be charged to the beneficiary-awardees. Subject to the approval of the Sangguniang Panlungsod, the determination of the monthly amortization and duration of payments shall be prepared by the City Accountant.
SECTION 11. Collection of Payments. - Collection of monthly amortization shall be handled by the City Treasurer through payroll deductions and/or individual payment by the beneficiary concerned, in case of the City Government employees. However, in case of National Government employees, the Finance Officer of the Office where such beneficiary works shall deduct the monthly amortization from the monthly salary of the said beneficiary.
A Deed of Conditional Contract to Sell shall be entered into by the City Government of Iligan and the beneficiary to this effect.
SECTION 12. Implementing Agency. - The Urban Development and Housing Office (UDHO) shall be responsible for the implementation of the provisions of this ordinance.
SECTION 13. Repealing Clause. - All previous ordinance, executive orders, rules and regulations or parts thereof which are inconsistent with this ordinance are hereby repealed and modified accordingly.
SECTION 14. Separability Clause. - If, for any reason or reasons, any part or provision of this ordinance shall be held unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and in effect.
SECTION 15. Effectivity. - This Ordinance shall take effect ten (10) days after the publication in a local newspaper.
VOTING BY ROLL CALL:
BACAREZA,”Yes“; BUSICO, “Yes“; PAIRAT, “Yes”; ABRAGAN, “Yes“; ESPINA, “Yes“; ENGRACIA, “Yes“; MAGLINAO, “Yes” SAGRADO, “Yes“; and PALAFOX, “Yes”).
The undersigned hereby attests to the adoption of the foregoing as verified to by the member-author.
VIRGINIA A. SALINAS
Asst. City Secretary
RONALDO D. ESPINA
LAWRENCE LL. CRUZ
City Vice-Mayor, Presiding Officer
FRANKLIN M. QUIJANO