DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN DEVELOPMENT DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT JOINT MEMORANDUM CIRCULAR No. 2024 - SUBJECT = GUIDELINES ON THE CREATION OF LOCAL HOUSING BOARD AND LOCAL INTERAGENCY COMMITTEES IN LOCAL GOVERNMENT UNITS 1.0 BACKGROUND ‘Access to decent housing is a universally recognized fundamental right that is essential for upholding the safety, dignity, and overall welfare of individuals. Enshrined in the 1987 Philippine Constitution, this right underscores the State's commitment to ensuring that every Filipino has the opportunity to have adequate and humane living conditions. Recognizing housing as a basic right, the Local Government Code (LGC) of 1991 or Republic Act (R.A.) No. 7160 mandates Local Government Units (LGU) to provide programs and projects for low-cost housing and other mass dwellings. Specifically, R.A. No. 7279 or the Urban Development and Housing Act (UDHA) of 4992 provides the blueprint that outlines the principles for humane relocation, and provision of housing. To ensure that the spirit of the UDHA is embodied in effective public service, the Philippine government has since then focused on the provision of Socialized housing, and conduct of proper relocation and resettlement for homeless, and underprivileged Filipinos, This targeted approach is further strengthened by the prioritization of housing needs under the Philippine Development Plan (PDP), aligning with the administration's term-based goals. In the LGUs’ pursuit to fulfil their mandates, National Government Agencies (NGA) supplement local efforts to ensure the comprehensive implementation of housing programs. Pursuant to the R.A. No. 11201 otherwise known as the Department of human Settlements and Urban Development (DHSUD) Act, the DHSUD is designated as the primary national government entity responsible for the management of housing, human settlement, and urban development. Whereby in its capacity, the DHSUD emphasizes the exigency of executing effective housing programs in its National Resettlement Policy Framework, series of 2022, aligning national efforts with local priorities. Simultaneously, the Department of the Interior and Local Government (DILG) integrates the mandate of LGUs to be socially-protective and safe, within its DILG-Local Government Sector Outcome Framework, highlighting the collaborative of national and local efforts to address the housing backlog in the country.These legal and policy frameworks not only establish the importance of addressing the country’s housing needs, but also designates LGUs as the primary entities responsible for its provision, highlighting the decentralized nature of governance in addressing the diverse needs of communities. It is within this context that the need for an institutionalized body at the local level be in place. The Local Housing Board, as mandated by Section 3 of Executive Order (EO) No. 708, series of 2008, is crucial in establishing a structured approach at the grassroots level, enabling LGUs to enhance their capacities for addressing housing concerns efficiently while fostering community- centric solutions. 2.0 LEGAL BASIS 2.4 Recognition of Right to Housing as a Basic Human Right 214 2.1.2 Article 25 of the Universal Declaration of Human Rights (UDHR) establishes that “everyone has a right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” In parallel, the 1987 Philippine Constitution, Article XIII, Section 9, mandates the State, for the common good, to undertake in cooperation with the private sector, “a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlements areas.” 2.2 Provision of Access to Adequate, Safe, and Resilient Housing 2.24 2.2.2 Section 2 of R.A. No. 7279 or the Urban Development and Housing Act (UDHA) of 1992 emphasizes that one of the main objectives of the State's Urban Development and Housing Program is to “uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement areas by making available fo them decent housing at affordable cost, basic services, and employment opportunities." Section 2 of R.A. No. 11201 or the Department of Human Settlements and Urban Development (DHSUD) Act, echoes Article XIII, Section 9 of the 1987 Philippine Constitution, wherein it affirms the State's mandate to “ensure that underprivileged and homeless citizens have access to an adequate, safe, secure, habitable, sustainable, resilient and affordable home.” 2.3 General Mandates of LGUs and NGAs 2.3.1 Section 16 or R.A. No. 7160 or the Local Government Code of 1991 expressly grants, and mandates LGUs powers and functions necessary, appropriate, or incidental to efficient and effective Djytt DHSUD-DILG IMC as of 02.27.24 Page 2 of 13governance, and those essential to the promotion of the general welfare goals. Specifically outlining the promotion of health and safety, ‘enhancement of economic prosperity and social justice, and preservation of comfort and convenience of their inhabitants, among others. 2.3.2. Section 3 of E.0. No. 708, series of 2008 mandates the DILG to ‘issue the necessary guidelines for the enactment of ordinances creating Local Housing Boards or any similar body to LGUs within six (6) months from the effectivity of the EO.” Under the same, the Presidential Commission for the Urban Poor (PCUP) is mandated ‘to assist LGUs in enacting the ordinances in whatever capacity they can provide within the same period.” 2.3.3 Section 9 of RA. No. 10752, also known as “The Right-of-Way ‘Act'provides that ‘the government through the Housing and Urban Development Coordinating Council (HUDCC), now consolidated under the DHSUD, and the National Housing Authority (NHA), in coordination with the LGUs, shall establish and develop resettlement sites for Informal Settler Families (ISF), including the provision of basic services and community facilities, in anticipation of informal settlers that have to be removed from the right-of-way site or location of the future infrastructure projects pursuant to the provision of the UDHA of 1992.” Under the same, it is emphasized that ‘whenever applicable, the concemed LGUs shall provide, and administer the resettlement sites.” 2.3.4 Section 4 or R.A. No. 11201, provides that the DHSUD shall be the “sole and main planning and policy-making, regulatory, program coordination, and performance monitoring entity for all housing, human settlement and urban development concems, primarily focusing on the access to and the affordability of basic human needs.” Under the same, the DHSUD is also mandated to “develop and adopt a national strategy to immediately address the provision of adequate and affordable housing to alll Filipinos.” 2.4 Rationale for the Creation of Institutionalized Bodies at the Local Level 24.1 Section 10, Article XIII of the 1987 Philippine Constitution declares that “no resettlement of urban and rural dweller shall be undertaken without adequate consultation with them and the communities where they are to be relocated.” 2.4.2 Section 28 of the UDHA of 1992 affirms this, thereby establishing that there shall be “adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where there are to be relocated.” apy DHSUD-DILG JMC as of 02.27.24 Page 3 of 13Further, the IRR of the same Section, issued to ensure the observance of proper and humane relocation and resettlement procedures mandated by the UDHA of 1992, emphasizes the need for Inter-Agency Meetings/Coordination, whereby ‘the LGU or govemment agency authorized to demolish shall convene an inter-agency meeting to discuss the details of the actual relocation operation and to ensure the support and assistant of the participating agencies.” 2.4.3 Section 2 of EO 708, series of 2008 provides that LGUs must create their LHBs “or any similar body through an appropriate ordinance before conducting the clearinghouse functions granted to them” through the EO. 2.4.4 DILG MC 2008-143 was issued pursuant to Sections 2 and 3 of EO 708, series of 2008, to provide LGUs with the guidelines on the creation of their LHBs; outlining the latter's composition as well as its powers and functions. 3.0 OBJECTIVES 3.1 This policy aims to: 3.1.1. Amend and supplement the guidelines for the creation of the Local 1.2 Housing Board (LHB) or similar bodies, as outlined under DILG MC No. 2008-143, anchored on Section 2 of EO 708, series of 2008. 3.1.3 Provide the guidelines for the creation of a permanent Local Inter- Agency Committee (LIAC) that will operate within the boundaries of the cited legal frameworks, and under the established LGU LHB. 4.0 COVERAGE 4.1 This JMC covers all Cities and Municipalities, DHSUD Regional Offices, DILG Regional and Field Offices, and all others concerned. 5.0 DEFINITION OF TERMS For purposes of this Circular, the following terms/phrases are defined: 5.1 Administrative or Extra-judicial Eviction and Demolition - as defined under PCUP Commission Resolution No. 03, series of 2021, refers to the eviction of underprivileged and homeless citizens and/or the demolition of their dwellings, without any court order, in danger areas such as “esteros”, railroads, tracks, garbage dumps, riverbanks, shorelines, waterways, public places such as sidewalks, public cemeteries, roads, parks and playgrounds; or the eviction of underprivileged and homeless citizens and/or the demolition of their dwellings because of government infrastructure projects with available funding that are to be implemented by a national or local government or any legally authorized government agency op DHSUD-DILG JMC as of 02.27.24 Page 4 of 13without a need for a court order pursuant to Section 28(a) and (b) of the UDHA. 5.2 Consultation - pursuant to Section 3(d) of the UDHA, refers to the constitutionally mandated process whereby the public, on their own or through people's organizations, is provided an opportunity to be heard and to participate in the decision-making process on matters involving the protection and promotion of its legitimate collective interests, which shall include appropriate documentation and feedback mechanisms. 5.3 Court-ordered Eviction and Demolition - refers to eviction and demolition by virtue of a writ issued by a court of competent jurisdiction. 5.4 Eviction and Demolition Compliance Certificate (EDC) - refers to the certificate issued by the Local Housing Board (LHB) of the concerned LGU mandated as the sole clearing house prior to the conduct of eviction or demolition showing that all the legal requirements have been satisfactorily complied with by the proponent or the agency authorized to evict and demolish' 5.5 Informal Settler Families or ISFs - refer to households living in a lot, whether private or public, without the consent of the property owner; or those without legal claim over the property they are occupying; or those living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, and waterways pursuant to Section 3(e) of Republic Act (R.A.) No. 11201 5.6 Local Shelter Plan (LSP) - refers to a document which provides information on the analysis of the present local housing situation, ie., identification of housing problems, upgrading and future housing needs, household affordability and local resources such as land, provision of basic services and finances. It also contains the main shelter strategies and a corresponding implementation plan which provides the details of actions needed to realize the housing objectives pursuant to Section 3(3.22) of the Implementing Rules and Regulations of R.A. No. 11201 5.7 Relocation and Resettlement Action Plan (RRAP) - refers to the comprehensive and integrated plan prepared by the implementing local government units or the project proponent agency through the LIAC, in consultation with the affected families and beneficiary associations which specifies the details on the implementation of relocation including but not limited to the menu of housing options or altemative housing program and other entitlements. * As mentioned under the Presidential Executive Order No. 152 and defined in the Presidential ‘Commission for the Urban Poor Commission Resolution No. 03, series of 2021. It should be noted that under the PCUP Resolution, the EDCC is termed as the “Certificate of Compliance (COC)", however to ensure uniformity with the Presidential EO No. 152, this JMC shall adopt the term “EDCC’. og DHSUD-DILG JMC as of 02.27.24 Page 5 of 135.8 Summary Eviction and Demolition - as defined under PCUP Commission Resolution No. 03, series of 2021, refers to the immediate dismantling of new illegal structures by the LGU or government agency authorized to conduct demolition activities and immediate removal of professional squatters and members of squatting syndicates pursuant to Section 27 and 30 of the UDHA. 5.9 Voluntary Eviction and Dismantling/Demolition - refers to the act of willingly vacating subject premises and the dismantling/demolishing or allowing the dismantling or demolition of one’s structure. 6.0 POLICY GUIDELINES 6.1 Creation of the Local Housing Board and Local Inter-agency Committee 6.1.1 There shall be an LHB with a permanent LIAC in every City and Municipality. The respective Board and Committee shall be created through an ordinance, the ordinance shall also include in its provisions, the directive that both bodies convene and create their respective Internal Rules and Regulations (IRR) within a reasonable period of time. The IRR shall cover and delineate all the mandated functions and responsibilities of both bodies, and facilitate the implementation of the provisions of this JMC. 6.1.2 The LHB and its LIAC shall serve as the clearing house for eviction and demolition activities and the advisory council on housing and other related matters. An ordinance creating the LHB with its permanent LIAC shall be a prerequisite before any City or Municipality can exercise its clearinghouse function 6.1.3 For Cities and Municipalities with existing LHBs and LIAC, the LGU shall have the responsibility to either amend or issue suppletory ordinances to the same in order to conform with the provisions of this, JMC. In cases of LIACs created through Presidential Proclamations issued pursuant to the Office of the President Memorandum No. 74, series of 2002, the Presidential Proclamation should take precedence over this JMC. 6.1.4 In the drafting, amendment, and enactment of such ordinance, coordination with the DHSUD Regional Office having territorial jurisdiction over the LGU is encouraged 6.1.5 A proposed template of the ordinance is attached as Annex A. obdorsuooue JMC as of 02.27.24 Page 6 of 136.2 Composition of the Local Housing Board 6.2.1 The LHB shall be composed of the following: a. Chairperson: Local Chief Executive (LCE). In case of temporary and permanent vacancy, absence, or incapacity of the LCE, the LGU shall follow the rules on succession under R.A. No. 7160 to determine who shall serve as the chairperson of the LHB. b. Vice-Chairperson, Secretariat, and Members: 1. Vice Mayor; : Vice-Chairperson 2. Head, City/Municipal Housing Office : Secretariat (if existing), Social Welfare and Development Office, or its equivalent; Members 3. Chairperson of the Sanggunian Committee on Housing or its equivalent; 4. Head, C/M Planning and Development Office; 5. Head, C/M Engineering Office; 6 Head, C/M Disaster Risk Reduction and Management Office; 7. Head, C/M Environment and Natural Resources Office; 8. Representative from the DHSUD Regional Office; 9. DILG Local Government Operations Officer (LOO); 10. Representative from the PCUP2; 11. Representative from the Commission on Human Rights (CHR); 12. Representative from a duly accredited, SEC registered People's Organization operating in the locality; 13. Representative from a duly accredited, SEC registered Non- Governmental Organization operating in the locality; and 14. Other LGU offices and agencies, as needed or required. c. Should the LGU not have a City/Municipal Housing Office, the Head of the Social Welfare and Development Office or its equivalent, shall be designated as the Secretariat of the LHB. d. The Secretariat shall, among others, be responsible for the following: 1. Preparation of all documents that are to be tabled for discussion by the LHB; Recording and documentation of all proceedings of the meetings; Handling all the administrative requisites of the LHB; Indexing and safekeeping all records used and referenced by the LHB; and Perform all other functions as may be deemed necessary by the LHB| BEN a 2 Pursuant to Section 3 of Executive Order No. 69, series of 2012 ofa onsuo-o1.6 IMC as of 02.27.24 Page 7 of 13e. The LHB members may designate an alternate, provided that the alternate is next in rank to the principal member. If not, the alternate must be fully authorized to decide for, and on behalf of their respective offices and shall bind the principal to whatever legal effects of liabilities the alternate’s decision may produce. 6.3 Functions and Responsibilities of the Local Housing Board 6.3.1. Functions as policy making, oversight, and recommendatory body: a. Develop and issue policies that provide guidelines for the implementation of the LGU's mandate to execute housing, relocation, and resettlement programs pursuant to existing laws and policies; b. Formulate, develop, and recommend to the sanggunian concerned policies, directives, rules, and regulations, consistent with laws, as it may deem necessary, on the provision of socialized housing programs and the observance of the right of the informal settlers to just and humane evictions and demolitions; c. Adopt measures to ensure the viability and effective implementation of housing-related programs, projects, and activities; d. Facilitate the development and updating of the Local Shelter Plan (LSP), through the Local Planning Development Office, and Housing Office or any equivalent body, that outlines the LGU’s housing needs, priorities, and proposed actions; The LHB shall ensure that the LSP remains relevant to emerging challenges and evolving community needs. They shall also ensure the alignment of the LSP to pertinent national plans and policies; e. Issue appropriate policies to ensure the prevention and proliferation of professional squatters/squatting syndicates or construction of any kind of illegal dwelling units or structures within their respective localities; f. Assist in the development of an inventory of all lands and improvements, including _residential, government-owned, unregistered or abandoned idle lands, among others, for purposes of identification of land supply for housing-related development and services*. The Board shall ensure the alignment of the data in their CLUP, and other related development plans; 3 Section 30 of R.A. No. 7279 4 Section 7 of R.A. No. 7279 and EO 34, Series of 2023 \, ob DHSUD-DILG JMC as of 02.27.24 Page 8 of 13g. Serve as the repository for all relevant reports, documents, and information related to housing, relocation, and resettlement within the LGU, and ensure the proper turnover of the same in the event of replacements in representatives, and/or, reorganization of the LHB; and h. Ensure the enforcement of laws, policies, and programs on housing and shelter as provided for under laws, and such directives, rules, and regulations, adopted by the Board. 6.3.2 Functions as clearing house for eviction and demolition activities: a. Facilitate the processing of applications for Eviction and Demolition Compliance Certificate (EDCC) required prior to the implementation of any administrative and/or summary eviction and demolition. The process, corresponding forms, and templates of certificates are attached in this JMC as Annex B; The LHB shall also facilitate the dissemination of information pertaining to the application process for EDCC to the public, to ensure that all relevant parties are well-informed about the requirements and procedures prior to the conduct of eviction and demolition activities. The details of the application process, including the necessary forms as specified in Annex A of this JMC, shall be made readily available through accessible channels, such as but not limited to the LGU’s website, social media pages, notice boards, and/or community meetings; b. In coordination with other government agencies, oversee the conduct of evictions and demolitions whether voluntary, administrative or extra-judicial, summary or court ordered, in accordance with Sections 27, 28, and 30 of the UDHA of 1992 and their Implementing Rules and Regulations (IRR). In the case of an administrative or extrajudicial eviction and demolition, the EDCC applications shall constitute inputs for data- banking activities, and serve as advance notice to ensure Board’s presence or its representative during the conduct of an eviction and demolition. In the case of a court-ordered eviction and demolition, the LHB shall establish the appropriate schemes to monitor the same in coordination with the pertinent government agencies. In monitoring the actual conduct of a demolition, the LHB has to observe the conduct of an actual eviction and demolition and prepare a detailed report on the compliance or non-compliance of said activity to Sections 27, 28, and of RA 7279 and their IRR; 44 oxsuD-DILG JMC as of 02.27.24 Page 9 of 13c. Police assistance shall also be monitored, specifically as to whether they are in compliance with the conditions stated in the attached Annex C herei 6.3.3 Functions for assessment and evaluation: a. Conduct regular assessment on the status of implementation of the LSP and the Relocation and Resettlement Action Plan (RRAP) to gauge the progress of programs, projects, and activities (PPA) therein, identifying opportunities and challenges, and subsequently employing necessary interventions. b. Ensure that reportorial requirements set forth by various NGAs are met. This responsibility involves overseeing the timely, and accurate submission of reports, playing a pivotal role in maintaining good governance and upholding regulatory standards c. Convene, at least quarterly, to discuss initiatives, and efforts of the LGU relative to the implementation of their mandates under pertinent legislation that support the provision of housing, relocation, and resettlement. In the conduct of meetings, the LHB shall ensure that a quorum is met, and that the proceedings and agreements are well documented. 6.4 Composition and Functions of the Local Interagency Committee 6.4.1 There shall be a LIAC created under the LHB through the same ordinance which shall be composed of the following: a. Chairperson: Chairperson of the Sanggunian Committee on Housing or its equivalent. b. Vice-Chairperson, Secretariat, and Members: 1. _ Representative from the DHSUD Regional Vice-Chairperson Office 2. Head, City/Municipal Housing Office, Social: Secretariat Welfare and Development Office, or its equivalent Members: DILG Local Government Operations Officer (LGOO); Representative from the PCUP; Representative from the Commission on Human Rights (CHR); Representative from the affected community; Representative from the concerned implementing agency or key shelter agency, if applicable; and Noone os DHSUD-DILG JMC as of 02.27.24 Page 10 of 13,Other LGU offices and agencies, as needed or required As with the LHB, should the LGU not have a City/Municipal Housing Office or its equivalent, the Head of the Social Welfare and Development Office shall be designated as the Secretariat of the LIAC. In case of LIAC created through Presidential Proclamation issued pursuant to Office of the President Memorandum Order No. 74, series of 2002, the duly designated chairperson and/or vice- chairperson of the body as prescribed by the Presidential Proclamation shall be followed. . Member agencies shall designate a primary and altemate representative to the LIAC. They shall act as focal persons of their respective agencies to ensure the delivery of PPAs or assistance based on their agency's mandates. 6.4.2 The LIAC shall be responsible for the following: a. Formulate the LGU RRAP should the LGU be engaged in relocation and resettlement activities and endorse the same to the LHB for review and approval. Facilitate the conduct of census and tagging of identified areas to be recovered from ISFs which involve the validation of the area, tagging of structures, and profiling of households therein. Ensure the registration of underprivileged and homeless informal settlers within its jurisdiction as socialized housing beneficiaries under Section 16 and 17 of R.A. No. 7279, and other applicable laws. To this end, the LGUs shall develop a comprehensive and complete ISF database within their jurisdiction Facilitate the conduct of consultation with communities affected by resettlement and relocation efforts pursuant to the provisions of the UDHA. Facilitate the conduct of proper, and humane relocation of ISFs in accordance with the provisions of R.A. No. 7279, specifically Section 28 and its IRR. Develop and adopt measures aimed at minimizing the negative socio-economic impacts of resettlement to the affected families, such as but not limited to, strategies to mitigate disruptions to the livelihood of the affected community members. Coordinate with the LIAC of other LGUs involved in the resettlement and relocation of ISFs, whether these are LIACs of sending or receiving LGUs, in cases of off-city resettlement. olen DHSUD-DILG JMC as of 02.27.24 Page 11 of 13,h. Perform such other functions necessary to carry out the purpose of this policy. 6.5 Responsibilities of Concerned Agencies 6.5.1 Department of Human Settlements and Urban Development (DHSUD) a. Through its Regional Offices (RO) shall provide technical assistance to the LGUs in the creation of their LHBs with a permanent LIAC; b. Regional Offices shall also represent the DHSUD in LHBs and their LIACs within their jurisdiction; a. In coordination with its DILG counterpart, ROs shall monitor the compliance of the LGUs to the provisions of this JMC and subsequently furnish a consolidated compliance report to the DHSUD's Public Housing and Settlement Service (PHSS), on a quarterly basis. 6.5.2. Department of the Interior and Local Government (DILG) a. Through its ROs, cause the immediate and widest dissemination of this JMC to all concerned LGUs within their jurisdiction; b. Through its LGOOs, represent the DILG in LHBs and their LIACs within their jurisdiction. c. ROs shall also provide the necessary support to its DHSUD counterpart relative to the monitoring of compliance to the provisions of this JMC, whenever necessary. 7.0 FEEDBACK AND GRIEVANCE MECHANISM Any concern, grievance, and/or feedback regarding the implementation of the provisions of this JMC should be directed to the Public Housing and Settlement Service (PHSS) of the Department of Human Settlements and Urban Development (DHSUD), copy furnished to the Bureau of Local Government Supervision (BLGS) of the Department of the Interior and Local Government. Issues that may arise relative to the implementation of this JMC shall be jointly resolved and guidance shall be issued by the two agencies. 8.0 EFFECTIVITY This Joint Memorandum Circular shall take effect immediately. 9.0 REPEALING CLAUSE te DHSUD-DILG JMC as of 02.27.24 Page 12 of 13All DHSUD and DILG orders and other issuances inconsistent herewith are hereby superseded, repealed, and/or modified accordingly. 10.0 APPROVING AUTHORITY os DHSUD-DILG JMC as of 02.27.24 Page 13 of 13,Annex A - Template Ordinance for the Creation of Local Housing Boards Republic of the Philippines Province of City/Municipality of OFFICE OF THE SANGGUNIANG PANLUNGSOD/BAYAN ORDINANCE NO. AN ORDINANCE CREATING THE CITY/MUNICIPAL HOUSING BOARD, DEFINING ITS CLEARING FUNCTIONS PURSUANT TO EXECUTIVE ORDER NO. 708, SERIES OF 2008, AND FOR OTHER PURPOSES Introduced by Councilor BE IT ORDAINED BY THE SANGGUNIANG PANGLUNGSODIBAYAN OF INA SESSION ASSEMBLED THAT: Section 1. Creation - Pursuant to Executive Order No. 708, series of 2008, there is hereby created a local housing board which shall be called as the * City/Municipal Housing Board.” Section 2. Composition - The City/Municipal Local Housing Board, shall be composed of the following 1. City/Municipal Local Chief Executive : Chairperson 2. Vice Mayor : Viee-Chairperson 3. Head, City/Municipal Housing Office or its equivalent Secretariat Members 4. Chairperson of the Sanggunian Committee on Housing or its equivalent; 5. Head, Planning and Development Office 6. Head, Engineering Office 7 Head, Disaster Risk Reduction and Management Office 8. Head, Environment and Natural Resources Office 9. Representative from the DHSUD Regional Office 10. Local Government Operations Officer 11. Representative from the PCUP 12. Representative from the Commission on Human Rights (CHR) 13. Representative from a duly accredited, SEC registered People’s Organization operating in the locality 14. Representative from a duly accredited, SEC registered Non-Governmental Organization operating in the locality 18. Other LGU offices and agencies, as needed or required y Page 1 of 6Annex A - Template Ordinance for the Creation of Local Housing Boards Section 3. Power and Functions - As the sole clearing house for eviction and demolition activities concerning informal settlers in danger areas, public places and government projects, as well as the advisory council on housing and other related matters, the LHB shall exercise the following powers and functions: Functions as policy making, oversight, and recommendatory body: a. Develop and promulgate the Internal Rules and Regulations (IRR) of both the LHB and the LIAC, which shall cover and delineate alll the mandated functions and responsibilities of both bodies and facilitate the implementation of the provisions under the DHSUD-DILG JMC No. 2024-_; Develop and issue policies that provide guidelines for the implementation of the LGU's mandate to execute housing, relocation, and resettlement programs; Formulate, develop, and recommend to the Sanggunian Bayan/Panlungsod, policies, directives, rules, and regulations, consistent with laws, as it may deem necessary, on the provision of socialized housing programs and the observance of the right of the informal settlers to just and humane evictions and demolitions; Adopt measures to ensure the viability and effective implementation of housing-related programs, projects, and activities; Facilitate the development and updating of the Local Shelter Plan (LSP), through the Local Planning Development Office, and Housing Office or any equivalent body, that outlines the LGU’s housing needs, priorities, and proposed actions; The LHB shall ensure that the LSP remains relevant to emerging challenges and evolving community needs. They shall also ensure the alignment of the LSP to pertinent national plans and policies; Issue appropriate policies to ensure the prevention the proliferation of professional squatters/squatting syndicates or construction of any kind of illegal dwelling units or structures within the LGU; Assist in the development of an inventory of all lands and improvements, including residential, government-owned, unregistered or abandoned idle lands, among others, for purposes of identification of land supply for housing-related development and services. The Board shall ensure the alignment of the data in their CLUP, and other related development plans; Serve as the repository for all relevant reports, documents, and information related to housing, relocation, and resettlement within the LGU, and ensure the proper turnover of the same in the event of replacements in representatives, and/or, reorganization of the LHB; and Y Page 2 of 6Annex A - Template Ordinance for the Creation of Local Housing Boards, i, Ensure the enforcement of laws, policies, and programs on housing and shelter as provided for under laws, and such directives, rules, and regulations, adopted by the Board. Eunctions as cl sviction and demolition activities: a. Facilitate the processing of applications for Eviction and Demolition Compliance Certificate (EDCC) required prior to the implementation of any administrative and/or summary eviction and demotion. b. Facilitate the dissemination of information pertaining to the application process for EDCC. to the public, to ensure that all relevant parties are well-informed about the requirements and procedures prior to the conduct of eviction and demolition activities. The details of the application process, including the necessary forms, shall be made readily available through accessible channels, such as, but not limited to the LGU's website, social media pages, notice boards, and/or community meetings. c. In coordination with other government agencies, oversee the conduct of all evictions and demolitions whether voluntary, extra-judicial, summary or court ordered, in accordance with Sections 27, 28, and 30 of the UDHA of 1992 and their Implementing Rules and Regulations (IRR). d. In the case of an administrative or extrajudicial eviction and demolition, the EDCC applications shall constitute inputs for data-banking activities, and serve as advance notice to ensure Board's presence or its representative during the conduct of an eviction and demolition, e. In the case of a court-ordered eviction and demolition, the LHB shall establish the appropriate schemes to monitor the same in coordination with the pertinent government agencies. {In monitoring the actual conduct of a demolition, the LHB has to observe the conduct of an actual eviction and demolition and prepare a detailed report on the compliance or non-compliance of said activity to Sections 27, 28, and of RA 7279 and their IRR. g. Police assistance shall also be monitored, specifically as to whether they are in compliance with the conditions stated in Annex C of the DHSUD-DILG JMC No. 2024-__. h. Create a Local Inter-Agency Committee (LIAC) prior to the conduct of resettlement and relocation activities. The composition and responsibilities of the LIAC are outlined under Section 5 herein. Fun Page 3 of 6Annex A - Template Ordinance for the Creation of Local Housing Boards a. Conduct quarterly assessment on the status of implementation of the LSP and the Relocation and Resettlement Action Plan (RRAP) to gauge the progress of programs, projects, and activities (PPA) therein, identifying opportunities and challenges, and subsequently employing necessary interventions. b. Ensure reportorial requirements set forth by various NGAs are met. This responsibilty involves overseeing the timely and accurate submission of reports, playing a pivotal role in maintaining good governance and upholding regulatory standards. Responsibilities of the LHB Secretariat: a. Preparation of all documents that are to be tabled for discussion by the LHB; b. Recording and documentation of all proceedings of the meetings; c. Handling all the administrative requisites of the LHB; d. Indexing and safekeeping all records used and referenced by the LHB; and e. Perform all other functions as may be deemed necessary by the LHB. Section 4. Meeting and Quorum - The Board shall meet at least quarterly or as often as may be deemed necessary. In the conduct of meetings, the LHB shall ensure that a quorum is met, and that the proceedings and agreements are well documented, Section 5. Local Inter-Agency Committee - There shall be a LIAC created under the LHB which shall be composed of the following: a. Chairperson: Chairperson of the Sanggunian Committee on Housing or its equivalent. b. Vice-Chairperson, Secretariat, and Members: 1. Representative from the DHSUD Regional Office Vice-Chairperson 2. Head, City/Municipal Housing Office orits equivalent: Secretariat Members: Local Government Operations Officer Representative from the PCUP. Representative from the Commission on Human Rights (CHR) Representative from the affected community Representative from the concerned housing agency, if applicable Other LGU offices and agencies, as needed or required ’ erNonae Page 4 of 6Annex A - Template Ordinance for the Creation of Local Housing Boards Member agencies shall designate a primary and alternate representative to the LIAC. They shall act as focal persons of their respective agencies to ensure the delivery of PPAs or assistance based on their agency's mandates. Section 6. Budget - The city/municipal government shall appropriate at least ___ percent of its annual Internal Revenue Allotment (IRA) for the operations and activities of the Board. Section 7. Submission of Periodic Reports - The Board shall submit quarterly reports to the Department of Human Settlements and Urban Development (DHSUD), through the DHSUD Regional Office, relative to the status of compliance with the provisions of this Ordinance and the pertinent provisions of laws governing eviction, demolition and relocation activities, Section 8. Penalties - Failure to comply with the statutory requirements as stated in this Memorandum Circular, or any act of misrepresentation or fraud in connection with any information contained in any verification report or any application for certificate of compliance or in securing the same, shall subject the government officials or employees responsible for such n, misrepresentation or fraud to: 1. Disciplinary action under Book I, Title Two, Chapter 4 of the Local Government Code; or 2. Prosecution under the penalty clause of Republic Act No. 7279, quote: Section 45. Penalty Clause - Any person who violates any provision of this Act shall be imposed the penalty of not more than six (6) years of imprisonment or a fine of not less than Five thousand pesos (P5,000) but not more than One hundred thousand pesos (P100,000), or both, at the discretion of the court xxx. Section 10. Repealing Clause - All ordinances and other city/municipal issuances, or any part or parts thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or modified accordingly. Section 11. Separability Clause - Should any provision of this Ordinance be declared invalid, the validity of the other provisions hereof shall be unaffected thereby. ‘Section 12. Effectivity - This Ordinance shall take effect upon its approval. CERTIFIED CORRECT: ‘Secretary to the Sanggunian ATTESTED: 7 Page 5 of 6Annex A Template Ordinance for the Creation of Local Housing Boards Vice Mayor Local Sanggunian Members: APPROVED: Date: Page 6 of 6‘Annex 8 - Application for Eviction and Demolition Compliance Certification PROCESS FOR THE APPLICATION OF AN EVICTION AND DEMOLITION COMPLIANCE CERTIFICATION Every proponent of an extra judicial eviction and demolition, whether administrative or summary, shall, prior to actual eviction and demolition, secure a Compliance Certificate from the Board. The process for applying for the said certificate shall be as follows: 1 In the case of an administrative eviction and demolition involving the underprivileged and homeless, the proponent shall obtain from the Board, the proper application form for Certificate of Compliance (COC) and submit the same together with the required documents as listed in the appropriate Checklist at least fifteen (15) working days prior to the actual conduct of eviction and demolition. In the case of a summary eviction and demolition, for those not covered by the provisions of Section 28 of RA 7279, no certificate of compliance shall be required. The Barangay Chairman is directed to issue Notice to Vacate within 24 hours. After the lapse of 24 hours the Barangay may dismantle the structure, The barangay may request assistance from the City or Municipality In the case of a voluntary eviction and demolition, the proponent shall obtain from the Board, the proper application for certificate of compliance and submit the same together with the required documents as listed in the appropriate checklist at least fifteen (15) working days prior to the conduct of eviction and demolition. If the application is sufficient in form and substance, the Board, upon verification, will approve the application, issue the proper certificate of compliance and notify the proponent. The certification shall indicate the name of the proponent, the purpose and location of the area applied for eviction and demolition, a statement of compliance to the pertinent rules covering the eviction or demolition applied for, an authorization or approval for the rendering of police assistance, validity period, the date of issuance and the authorized signature If the application is complete in form and substance, the Board informs the proponent and the latter has to comply with the deficiency within ten (10) working days from notification, with the exception of a summary eviction and demolition which shall be complied with within three (3) working days from notification. In the event that the deficiency is not complied with within the periods mentioned herein, g proponent shall be required to re-apply for a new compliance certificate. Page 1 of 25. In cases where the Board issues a certification or the proponent has already complied with the deficient requirements for application and thus required a certification, the eviction and demolition proceed as a matter of course. 6. In cases where the Municipal/City Mayor failed to issue COC ten (10) working days after receipt of application for COC, the same is deemed as approved. Y Page 2 of 2