PROPOSED UDHA AMENDMENTS

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PROPOSED UDHA AMENDMENTS
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Definition of professional squatter (sec. 3 m)
"Professional squatters" refers to individuals or
groups who occupy lands without the express
consent of the landowner and who have sufficient
income for legitimate housing. The term shall
also apply to persons who have previously been
awarded homelots or housing units by the
Government but who 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 not apply to
individuals or groups who simply rent land and
housing from professional squatters or squatting
syndicates 
"Professional squatters shall include persons
who occupy lands, with or without the consent of
the landowner, and thereafter sell their rights
thereto.
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Automatic transfer to NHA of Socialized Housing
Sites (sec. 8, 2nd par.)
Government-owned lands under paragraph (b) of the
preceding section which have not been used for
the purpose for which they have been reserved or
set aside for the past ten (10) years from the
effectivity of this Act and certified as suitable
for socialized housing, shall automatically be
transferred to the National Housing Authority
without need of approval from the President of
the Philippines or from the Local Government Unit.
Government-owned lands under paragraph (b) of the
preceding section which have not been used for
the purpose for which they have been reserved or
set aside for the past ten (10) years from the
effectivity of this Act and identified as
suitable for socialized housing, shall
immediately be transferred to the National
Housing Authority subject to the approval of the
President of the Philippines or by the local
government unit concerned, as the case may be,
for proper disposition in accordance with this
Act.
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Modes of Land Acquisition (sec.10) No need to
exhaust other modes
The modes of land acquisition may be resorted to
in any order. Pursuant thereto, expropriation may
be availed of without exhausting the other modes.
Land acquisition for socialized housing only
requires a deposit of ten percent of the market
value as indicated in the latest tax declaration.
The modes of acquiring lands for purposes of this
Act shall include, among others, community
mortgage, land swapping, land assembly or
consolidation, land banking, donation to the
Government, joint-venture agreement, negotiated
purchase, and expropriation Provided, however,
That expropriation shall be resorted to only when
other models of acquisition have been exhausted
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Balanced Housing Development (sec. 18)
The Program shall include a system to be
specified in the Framework plan whereby
developers of proposed subdivision projects shall
be required to develop an area for socialized
housing equivalent to at least twenty percent
(20) of the total subdivision area or total
subdivision project cost, at the option of the
developer, within the same city or municipality,
whenever feasible, and in accordance with the
standards set by the Housing and Land Use
Regulatory Board and other existing laws. The
balanced housing development as herein required
may also be complied with by the developers
concerned in any of the following
manner  (a) Development of new settlement 
(b) Slum upgrading or renewal of areas for
priority development either through zonal
improvement programs or slum improvement and
resettlement programs  (c) Joint-venture
projects with either the local government units
or any of the housing agencies
or  (d) Participation in the community mortgage
program. 
Developers of subdivision projects shall be
required to develop an area for socialized
housing equivalent to at least 20 of the total
subdivision area or total subdivision project
cost, at the option of the developer. However,
such option must be made manifest in its
application for the project. Furthermore, the
said 20 compliance must be within the same city
or municipality. Only when the developer has
substantially proven that such compliance is not
feasible in the same city or municipality can
such compliance be made outside thereof. However,
said compliance must be made in the adjacent city
or municipality where the project is to be
undertaken. In no case shall compliance be
outside, unless approved by the local Sanggunian
and only after a favorable recommendation from
the Local Housing Board or similar office. For
such purpose, all concerned LGUs are mandated to
create their respective housing boards.
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Addendum to sec. 28 (Eviction Demolition
Protocol)
In the execution of eviction or demolition orders
involving the underprivileged and homeless
citizens, whether initiated by the government or
private individuals, the following shall be
mandatory . (9) Clearnce from the
Presidential Commission for the Urban Poor
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New safeguard provision for ejectment cases
When the execution involves the eviction of
underprivileged and homeless citizens or the
demolition of their houses, the decision of the
Regional Trial Court shall not be considered as
final and executory unless the urban poor
defendants no longer choose to elevate the case
to a higher court (i.e. Court of Appeals).
Furthermore, said defendants shall be exempt from
posting the supersedeas bond as required under
Rule 70 of the Rules of Civil Procedure on
Ejectment.