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MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

[ Proclamation No. 40, May 7, 2001 ]

DECLARING THE UNUTILIZED PNR LANDS IN THE PROVINCE OF ALBAY AND CITY OF LEGASPI AS SOCIALIZED HOUSING SITES

WHEREAS, the President declared poverty eradication as a priority agenda of the government;

WHEREAS, one of the objectives of this agenda is the provision of shelter security to the poor and underprivileged families residing in risk prone and blighted areas as a means to uplift the quality of life of the marginal sectors;

WHEREAS, Section 8 of the Urban Development and Housing Act (RA 7279) provides that “Government-owned lands which have not been used for the purpose for which they have been reserved or set aside for the past 10 years from the effectivity of this Act and identified for socialized housing, shall immediately be transferred to the National Housing Authority (NHA) subject to the approval of the President of the Philippines, or by the local government unit concerned, for proper disposition in accordance with this Act.”

WHEREAS, the Philippines National Railways (PNR), a government-owned and controlled corporation, owns vast tracts of unutilized lands in the Province of Albay, starting from the Municipality of Camalig to the City of Legaspi in the second Congressional District of Albay extending up to the municipalities of the first Congressional District from Tabaco, Sto. Domingo, Bacacay, and Malilipot;

WHEREAS, these lands remain unimproved and unutilized for the past 60 years;

WHEREAS, the subject PNR lands are found suitable for socialized housing and are presently occupied by approximately 4,681 households who have already permanently established their residence there for a period ranging from 20 to 50 years; and,

WHEREAS, the PNR Management has expressly declared that the railway company is no longer inclined to expand its operations in the aforementioned areas, and is amenable to dispose said lands to its present occupants.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law do hereby order:

Section 1. Declaration as Socialized Housing Sites. In view, of the urgency and need by the thousands of informal settlers to acquire land ownership and shelter security, the entire unutilized PNR properties in the Province of Albay and City of Legaspi are hereby declared as sites for socialized housing.

Section 2. Disposal of Unutilized PNR Property. In order to fast track the delivery of housing benefits, the PNR and NHA shall facilitate the disposition of said parcels of land to actual occupants, upon determination of the just cost of the area and adoption of a rationalized and cost recoverable scheme to be determined by HUDCC, PNR and NHA.

Section 3. Formulation of Implementing Guidelines. The HUDCC, in coordination with PNR, NHA, concerned LGUs, Peoples Organizations (POs), Non-Government Organizations (NGOs), and other government agencies shall formulate the implementing guidelines of this Order within 45 days from the date of effectivity of this Order.

Section 4. Separability Clause. In the event that any provision hereof is declared invalid by any competent court or tribunal, the other provisions unaffected hereof shall remain in full force and effect.1aшphi1

Section 5. Effectivity. This Order shall take effect immediately.1aшphi1

DONE in the City of Manila, Philippines, this 7th day of May in the Year of Our Lord Twenty Hundred and One.

(Sgd.) GLORIA MACAPAGAL-ARROYO

By the President:

(Sgd.) RENATO C. CORONA
Presidential Chief of Staff

The Lawphil Project - Arellano Law Foundation

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