Land Laws & the Torrens System in the Philippines

• These are study notes about land laws

Land Ownership & Torrens System

• The Torrens system of land registration is used in the Philippines.
• A Torrens title is conclusive against third parties, including the government.
• A holder of a Torrens title in good faith has a guaranteed title that is indefeasible, unassailable and imprescriptible.

Titling

• Judicial Titling is another way to title land in the Philippines, requiring court intervention.
• It applies when you and your predecessors have openly, continuously, notoriously, and exclusively possessed alienable and disposable land under a bona fide claim of ownership since June 12, 1945, as per PD 1529.

RA 7279 (Urban Development and Housing Act of 1992)

• RA 7279 aims to provide a comprehensive and continuing urban development and housing program, establishing mechanisms for its implementation.
• The Act seeks to uplift the conditions of underprivileged and homeless citizens in urban and resettlement areas.
• The goal is to provide decent housing at affordable costs, basic services, and employment opportunities.
• This act also provides for the rational use and development of urban land.

RA 6552 (Realty Installment Buyer Act)

• RA 6552 aims to protect real estate buyers on installment plans.
• It declares a public policy to protect buyers from onerous and oppressive conditions.
• In sales or financing of real estate on installment, excluding industrial lots and commercial buildings, buyers who have paid at least two years of installments are entitled to specific rights upon defaulting.
• If less than two years of installments have been paid, the seller must provide a grace period of at least sixty days from the due date of the installment.
• If the buyer fails to pay within the grace period, the seller can cancel the contract after thirty days from the buyer's receipt of a cancellation notice or demand for rescission, delivered via notarial act.
• According to Sections 3 and 4, buyers can sell or assign their rights or reinstate the contract by updating their account during the grace period, before actual cancellation, and the sale/assignment must be notarized.
• Buyers can pay in advance any installment or the full unpaid balance without interest, and this payment should be noted on the property's title certificate.

BP 220 (Economic and Socialized Housing Act)

• BP 220 authorizes the Ministry of Human Settlements to establish varying standards and technical requirements for economic and socialized housing projects in urban and rural areas, diverging from those in specific Presidential Decrees.
• A key policy is to promote economic and socialized housing developments, mainly by the private sector, to ensure adequate housing for average and low-income earners in both urban and rural areas.
• Economic and socialized housing refers to units affordable to average and low-income earners.
• This typically is 30% of the gross family income as determined by the National Economic and Development Authority which includes government led initiatives.
• The Ministry of Human Settlements can establish different standards and technical requirements for economic and socialized housing projects and units.
• Standards and requirements must consider environmental ecology, hygiene, cleanliness, physical, cultural and spiritual development, and public safety.
• Region, province, or city-specific variations are allowed, based on available indigenous materials and other factors.
• Established standards and technical requirements are to be publicized in two newspapers.

Community Development Aspect of Housing

• Housing & Community Development focuses on policies regarding access to attractive, affordable, and sustainable housing and improvements to communities' social, physical, and economic infrastructure.
• Decision science can improve the efficiency and effectiveness of market-rate housing development and support policies addressing affordable housing, segregation, ineffective economic development, and sustainable development.

Housing Laws

• RA 11201: Department of Human Settlements and Urban Development Act.
• RA 10884: Balanced Housing Development Program Amendments.
• RA 9904: Magna Carta for Homeowners and Homeowners Association (2010).
• RA 9553: Rent Control Act of 2009.
• RA 9507: Socialized and Low-Cost Housing Loan Restructuring of 2008.
• RA 9397: Disposition of Lands for Socialized Housing (2007).
• RA 9341: Rent Control Act of 2005.
• RA 8501: Housing Loan Condonation Act of 1998.
• RA 8437: Rent Control Law of 1997.
• RA 8368: Anti Squatting Law Repeal Act of 1997.
• RA 7835: Comprehensive and Integrated Shelter Financing Act of 1994.
• RA 7279: Urban Development and Housing Act of 1992.
• BP 220: Economic and Socialized Housing (1982).
• PD 1216: Amendments to Section 31 of PD 957 (1977).
• PD 957: Subdivision and Condominium buyer's Protective Decree (1976).

Housing Agencies

• The HLURB is the lead agency providing technical assistance to local governments in preparing land use plans, regulating housing, land development, and homeowners' associations, and resolving related disputes.
• HLURB formulates and enforces policies on land use, housing, and homeowners' associations to promote inclusive growth, economic advancement, social justice, and environmental protection for equitable distribution of development benefits.

Home Development Mutual Fund (Pag-IBIG)

• The HDMF, or Pag-IBIG Fund, was created to provide a national savings program and affordable shelter financing for Filipino workers.
• It offers members short-term loans and access to housing programs.
• Membership is mandatory for SSS- and GSIS-covered employees, uniformed members of the AFP, BFP, BJMP and PNP, and Filipinos employed by foreign-based employers.

Home Guaranty Corporation (HGC)

• The HGC facilitates a guaranty line application under Republic Act No. 8763 which involves determining the eligibility of a financial institution for the guaranty and incentives.
• The guaranty line covers housing-related loans and financial transactions, benefiting banks, building and loan associations, investment houses, trust companies, insurance companies, lending institutions, cooperatives, microfinance entities, and housing developers.

Housing and Urban Development Coordinating Council (HUDCC)

• The HUDCC is a government agency under the Office of the President, established by Executive Order No. 90.
• HUDCC oversees, coordinates, initiates, and facilitates all government policies, plans, and programs for the housing sector, setting direction and targets.
• HUDCC determines strategies, formulates policies, monitors, and evaluates programs, projects, and performance of shelter agencies.

National Housing Authority (NHA)

• NHA was created under Presidential Decree 757 on July 31, 1975.
• NHA's purpose is to develop and implement a comprehensive and integrated housing program which covers housing, resettlement, financing, and delineating government and private sector participation.
• NHA is the main agency for shelter production, focusing on the housing needs of the lowest 30% of the urban population via Executive Order 90.

Social Housing Finance Corporation (SHFC)

• SHFC has social housing powers and functions transferred from the National Home Mortgage Finance Corporation.
• SHFC aims to provide 530,000 organized, homeless, and low-income families with Fair, Affordable, Innovative, and Responsive (FAIR) shelter solutions by 2022.