Executive Order No. 34




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ EXECUTIVE ORDER NO. 34, July 17, 2023 ] DECLARING THE PAMBANSANG PABAHAY PARA SA PILIPINO PROGRAM AS A FLAGSHIP PROGRAM OF THE GOVERNMENT, AND DIRECTING ALL NATIONAL GOVERNMENT AGENCIES AND INSTRUMENTALITIES, INCLUDING GOVERNMENT-OWNED OR -CONTROLLED CORPORATIONS, AND LOCAL GOVERNMENT UNITS, TO SUBMIT A DETAILED INVENTORY OF ALL AVAILABLE AND SUITABLE LANDS FOR THE WHEREAS, Section 9, Article XIII of the Constitution declarers it a policy of the State to make available decent housing at affordable cost to underprivileged and homeless citizens in urban centers and resettlement areas; WHEREAS, Section 2 of Republic Act (RA) No. 11201 or the “Department of Human Settlements and Urban Development (DHSUD) Act” reaffirms the policy of the State to ensure that underprivileged and homeless citizens have access to adequate, safe, secure, habitable, sustainable, resilient, and affordable homes; WHEREAS, pursuant to Section 5.II(d) of RA No. 11201, the DHSUD shall own and administer government-owned lands, whether owned by the national government or any of its subdivisions, instrumentalities, or agencies, including their subsidiaries, which have not been used for the purpose for which they have been originally reserved or set aside for at lease ten (10) years, and identified by the Department as suitable for urban development, particularly for housing purposes; provided, that lands held in trust by GOCCs for and on behalf of their members shall be excluded from the coverage of the law; WHEREAS, according to the Philippine Development Plan 2023-2028, the country's housing need estimates have accumulated to 6.8 Million in 2017-2022; WHEREAS, to address the need for decent housing and to build on the potential impact of a robust housing sector on the growing economy, the DHSUD launched the Pambansang Pabahay Para sa Pilipino (4PH) Program; WHEREAS, vital to the success of the Program is the need to strengthen the DHSUD and its Key Shelter Agencies (KSAs), and ensure the support and commitment of national government agencies (NGAs) and local government units (LGUs); and WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all Executive departments, bureaus and offices, and the mandate to ensure the faithful execution of laws; NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order: Section 1. Declaration of the 4PH Program as Flagship Program of the Government. The 4PH Program is hereby declared as a Flagship Program of the Government. The DHSUD, as the primary government entity responsible for the management of housing and human settlements in the country, shall be the lead implementing agency of the Program. For this purpose, all NGAs, LGUs, and other government entities are hereby directed to provide full support to and cooperation with the DHSUD to ensure the successful implementation of the Program. Section 2. Identification of Lands for Housing and Human Settlements. The DHSUD shall identify national and local government lands that are suitable for housing and human settlements, including new townships and estates development, in coordination with concerned NGAs and LGUs, and undertake the required activities to develop the same in an efficient manner. The DHSUD shall likewise identify available public lands, and recommend to the President, through the Department of Environment and Natural Resources, the issuance of Proclamations declaring said public lands as alienable and disposable, and reserving the same for housing and human settlement purposes, subject to existing laws, rules and regulations. Section 3. Mandatory Submission of Land Inventory by NGAs and LGUs. National Government departments, agencies, and instrumentalities, including GOCCs and their subsidiaries, as well as LGUs, shall conduct an inventory of the lands that they own and administer, and submit the complete list to the DHSUD within sixty (60) calendar days from the issuance of this Order. The inventory of lands shall include government-owned idle lands or lands that have not been used for the purpose for which they have been originally reserved or set aside for at least ten (10) years, and on which no improvements have been made by the owner as certified by the concerned LGU, pursuant to Section 8, Paragraph 2 of RA No. 7279, as amended, and Sections 5.II(d) and 24 of RA No. 11201. The Land Registration Authority (LRA) shall assist these agencies in the preparation of their respective inventories by providing a list of titles and the corresponding certified true copies thereof that are registered in the name of said agencies. Section 4. Acquisition and Development of Identified Lands. Subject to limitations under applicable laws, rules and regulations, the DHSUD shall acquire ownership and/or administration of the identified lands of concerned agencies, for housing and human settlement purposes, and shall carry out the immediate development of the aforementioned lands. The LRA shall cancel the titles of identified lands registered in the name of concerned agencies, and re-issue new titles in the name of the DHSUD, subject to relevant provisions of Presidential Decree No. 1529 or the “Property Registration Decree.” Section 5. Expropriation of Lands. In the exercise of its power of eminent domain, the DHSUD, by itself or through the KSAs, shall initiate the expropriation of lands when necessary, subject to existing laws, rules and regulations. Section 6. Agency Support. All concerned NGAs and instrumentalities, including GOCCs, and partner LGUs, are hereby directed to provide the necessary assistance and support to the DHSUD for the effective implementation of this Order. Section 7. Reports. All NGAs and instrumentalities, including GOCCs, are hereby directed, and all LGUs are hereby enjoined, to submit regular reports to the DHSUD on the status of the implementation of the Program and their compliance with this Order. The DHSUD shall provide a summarized report to the President through the Office of the Executive Secretary.ᇈWᑭHIL Section 8. Additional Manpower. The DHSUD shall determine the appropriate staffing pattern and corresponding qualification standards for the creation of additional positions necessary for the administration and operation of the Program, and submit to the Department of Budget and Management, for review and approval, the proposed changes in the organizational structure and staffing pattern of the DHSUD, subject to compliance with relevant laws, rules and regulations. Section 9. Implementing Rules and Regulations. Within thirty (30) working days from the effectivity of this Order, the DHSUD shall formulate the rules and regulations necessary to implement this Order. Section 10. Funding. The funds necessary for the implementation of this Order shall be charged against current and available appropriations of concerned agencies, subject to pertinent budgeting, accounting, and auditing laws, rules and regulations. Thereafter, the funding requirements for succeeding years shall be included in the annual General Appropriations Act, subject to the usual budget preparation process. Section 11. Separability. If any part or provision of this Order shall be held invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect. Section 12. Repeal. All orders, rules and regulations, and other issuances or parts thereof which are inconsistent with the provisions of this Order are hereby repealed or modified accordingly. Section 13. Effectivity. This Order shall take effect upon publication in the Official Gazette or in a newspaper of general circulation. DONE, in the City of Manila, this 17th day of July, in the year of Our Lord, Two Thousand and Twenty-Three. (SGD.) FERDINAND ROMUALDEZ MARCOS, JR. By the President: (SGD.) LUCAS P. BERSAMIN Executive Secretary The Lawphil Project - Arellano Law Foundation