Sheena Montefalcon

REM 142

Department of Human Settlements and Urban Development Act RA 11201

DHSUD - The executive department of the Phil government responsible for the management of
housing and related development in the Philippines
July 23, 2018
Declaration of Policy
The State shall, pursuant to Section 9, Article XIII of the Constitution, ensure that
underprivileged and homeless citizens have access to an adequate, safe, secure, habitable,
sustainable, resilient and affordable home. The State shall, by law and for the common good,
undertake, in cooperation with the private sector, a continuing program of housing and urban
development which shall make available at affordable cost, decent housing and basic services to
underprivileged and homeless citizens in urban centers and resettlement areas. It shall also
promote adequate employment opportunities to such citizens. In the implementation of the
program, the State shall respect the rights of small property owners.
Oversight and Monitoring Functions of the Department
 Monitor and evaluate the performance and accomplishment of the attached agencies with
respect to their housing and urban development policies, programs and projects, and
ensure the coordination thereof with the Department and the national government;
 Develop and establish a sector performance monitoring and assessment mechanism to
accurately and independently report on the performance of national government agencies
(NGAs) and LGUs involved in housing and urban development or with infrastructure
projects affecting informal settlers, including a framework for regular review, evaluation
and assessment of their programs and projects to ensure the continuing improvements in
housing sector policy and strategy formulation;
 Require NGAs and LGUs to report and regularly submit relevant and necessary data and
information; and
 Generate data analyses and recommend policy measures to address perceived and
potential issues.
Powers and Functions
Policy Development, Coordination, Monitoring and Evaluation 
 Formulate a national housing and urban development policies, strategies and standards that are
consistent with the Philippine Development Plan to promote social and economic welfare, in
coordination and in consultation with national and local stakeholders, local government units
(LGUs), and other government agencies.
 Formulate housing finance and production policies, recommend and facilitate the development of
mechanisms that promote the establishment of a self-sustaining housing finance and housing
delivery systems in coordination with the relevant agencies.
 Formulate housing policies and programs, such as public housing, in coordination with the
attached agencies, for the homeless and underprivileged families.
 Conduct continuing and comprehensive studies and research necessary for housing and urban
development.
 Formulate a framework for resilient housing and human settlements as a basis for the
mechanisms for post-disaster housing and resiliency planning, research and development,
extension, monitoring and evaluation of programs, projects and activities to protect vulnerable
communities from the adverse effects of climate change and disasters.
 In the exercise of its oversight functions, develop and establish a sector performance monitoring
and assessment mechanism to accurately and independently report on the performance of national
government agencies and LGUs involved in the housing and urban development. 
Environmental, Land Use and Urban Planning and Development 
 Develop and maintain a shelter and urban development management, standards and monitoring
information system which shall include, but not be limited to, the following data sets: inventory
of idle lands,CLUPs,inventory of housing stocks and list of beneficiaries:Provided,that
notwithstanding this provision, all existing CLUPs duly approved and being implemented by the
LGUs shall remain in full force and effect for the duration of the period as stated therein:
Provided, further, That upon enactment of this Act, LGU’s may improve, amend and enhance
their existing CLUPs in accordance with the standards set by the Department.

Powers and Functions of the Department in Relation to Public Housing and Urban
Development
 Develop and manage government lands which have been identified as suitable for
housing and urban development in accordance with Section 9 hereof, and pursuant to
Sections 5 (II) (d) and 24 of the Act;
 Manage and oversee emergency post-disaster/post-conflict shelter recovery or climate
change adaptation and mitigation disaster risk reduction provision and interventions;
 Manage and oversee the development of proclaimed socialized and economic housing
sites;
 Implement plans for the establishment of government centers in the country, in
coordination with and assistance of relevant government agencies and instrumentalities;
 Manage and oversee the establishment of estate and new towns, new settlements, urban
renewal programs and prototypes of housing and urban development interventions, in
coordination with attached agencies and concerned agencies;
 Implement prototype projects in housing and urban development undertakings in
coordination with attached agencies and concerned agencies, with the right to exercise
the power of eminent domain when necessary;
 Manage, oversee or implement the take-over of unfinished, incomplete or abandoned
licensed real estate development projects under PD 957 and BP 220, in coordination with
the appropriate government agencies and instrumentalities, and Regional Offices of the
Department, under such rules and guidelines as may hereafter be issued by the
Department, and take charge in the regulation of the use of road and street systems of the
projects taken-over;
 Implement the opening of roads of subdivision to the public when the general welfare
requires it, in coordination with and assistance of relevant government agencies and
instrumentalities, and upon consultation with stakeholders; and
 Promote, accredit and regulate the use of indigenous materials and technologies in the
housing construction, and act on accreditation for the use thereof.

Housing and Real Estate Development Regulation

 Develop mechanisms and implement programs, in coordination with attached

agencies and concerned agencies, that will initiate and promote the establishment of
estate and new towns, new settlements, urban renewal programs, and prototypes of
housing and urban development interventions, including the people’s plan approach,
while encouraging the participation therein of local government partnerships with civil
society organizations, nongovernment organizations, private groups and communities
 Manage and oversee the development of proclaimed socialized and economic
housing sites, including the use of these land assets as resource mobilization strategy to
raise alternative resources in developing new housing projects and efficient financing
programs, either by itself or through its attached agencies
 Implement a single regulatory system that shall govern all activities relative to the
planning, production, marketing, and management of housing and urban development
projects; and
 Take over unfinished, incomplete, or abandoned licensed real estate development
projects under Presidential Decree No. 957, in coordination with the appropriate government
agencies and instrumentalities, under such guidelines as may be formulated.

The Office of the Secretary

▪ The Secretary
▪ 3 Undersecretaries
▪ 3 Assistant Secretaries
The Office of the Secretary shall house the Office of the Department Secretary, the Offices of the
Undersecretaries, and the Offices of the Assistant Secretaries, and their immediate support staff.

The Secretary has the authority and responsibility for the exercise of the mandates of the
Department and for the discharge of its powers and functions shall be vested in the Secretary,
who shall have supervision and control of the Department. The Secretary shall have the
following functions:

 Advise the President of the Philippines on matters related to housing, human settlements,
and rural and urban development;
 Establish policies and standards for the efficient and effective operations of the
Department in accordance with programs of the government;
 Promulgate rules, regulations and other issuances such as orders circulars, guidelines, and
memoranda which are necessary in carrying out the Department's mandates, objectives,
policies, plans, programs and projects, or implementing or interpreting the provisions of
the Act and of this Rules;
 Designate and appoint officers and employees of the Department, excluding the
Undersecretaries, Assistant Secretaries, and Regional and Assistant Regional Directors,
in accordance with the civil service laws, rules and regulations;
 Exercise control and supervision, including disciplinary powers over officers and
employees of the Department in accordance with law, as well as their investigation and
the designation of a committee or officer to conduct such investigation;
 Exercise control and supervision, including disciplinary powers over officers and
employees of the attached agencies in accordance with law, as well as their investigation
and the designation of a committee or officer to conduct such investigation;
 Coordinate with other agencies and instrumentalities of the government to ensure the
effective and efficient implementation of housing and urban development programs;
 Ratify the CLUPs of independent component cities, highly urbanized cities, Metro
Manila LGUs, and of provinces;
 Review, revise, reverse, modify or affirm on appeal the issuances and orders of the
Regional Directors;
 Approve all socialized compliance and compliance projects of main subdivision and
condominium projects required under Section 18 of RA 7279, as amended by RA 10884,
and its implementing rules and regulations; and
 Perform such other functions as may be provided by law or assigned by the President.

Powers and Duties of the Undersecretaries

The Undersecretaries shall have the powers and functions as provided for in Chapter 2, Book
IV of the Administrative Code of 1987. The Secretary is further authorized to delineate and
assign functional areas and other responsibilities of the Undersecretaries and Assistant
Secretaries.

The Commission shall be composed of the following: 

Commission en banc 
5 Commissioners appointed by the President shall comprise the Commission.The Executive
Commissioner,chosen by the President from among the 5 Commissioners,shall be responsible for the
administration and operations of the Commission,including the supervision of personnel,and shall be
assisted by the Executive Clerk of the Commission. 

Regional Adjudication Branch – There shall be as many Regional Adjudication Branches as there are
Regional Offices of the Department. The President shall appoint as many Regional Adjudicators as may
be necessary upon the recommendation of the Secretary. 

Subject to the approval of the DBM, the Commission shall determine its organizational structure and
create new divisions or units as it may deem necessary, and shall appoint officers and employees of the
Commission in accordance with the civil service laws, rules and regulations. 

Qualifications and Terms of Office. 

Commissioner
 a natural born citizen of the Philippines
 good moral character 
 has been engaged in the practice of law and a member of the Philippine Bar of good standing for
a period of at least ten (10) years prior to the appointment.
All nominees shall have experience in urban development planning, sustainable development, climate
change adaptation, disaster risk reduction and/or real estate development. 
Shall hold office for 6 years. 

Regional Adjudicator 
 a citizen of the Philippines
 good moral character
 has been in the practice of law and member of the Philippine Bar of good standing for at least 7
years, with at least 3 years’ experience in realty and/or land use and development cases, prior to
the appointment.

Jurisdiction of the Commission

 All cases decided by the Regional Adjudicators
 Appeals from decisions of local and regional planning and zoning bodies. The decision of the
Commission shall be final and executory after 15 calendar days from receipt thereof by the
parties. 

Jurisdiction of Regional Adjudicators

The Regional Adjudicators shall exercise original and exclusive jurisdiction to hear and decide cases
involving the following: 
Cases involving subdivisions, condominiums, memorial parks and similar real estate developments: 
 Actions concerning unsound real estate business practices filed by buyers or homeowners against
the project owner or developer, which cause prejudice to the buyers or committed with bad faith
and disregard of the buyers’ rights.
 Claims for refund and other claims filed by subdivision lot or condominium unit buyer against the
project owner, developer, dealer,broker or salesman:Provided,that when the cause of action arises
from the buyer’s rights under Section 23 of Presidential Decree No. 957 and the purchase price of
the property is paid through a housing loan from a bank or other financing institutions, the latter
shall be impleaded as necessary party.
 Cases involving specific performance or contractual and statutory obligations arising from the
sale of the lot or unit and development of the subdivision or condominium project.
 Disputes involving the open spaces or common areas and their use filed by the project owner or
developer or the duly registered HOA, including the eviction of informal settlers therein, in
accordance with the requirements of law, and the rules and regulations promulgated by duly
constituted authorities.
 Suits to declare subdivision, condominium or other real estate developments within the regulatory
jurisdiction of the Department as abandoned, as defined under Section 3 of this Act for the
purpose of Section 35 of Presidential Decree No. 957.
 Disputes involving easements within or among subdivision projects.
 Actions to annul mortgages executed in violation of Section 18 of Presidential Decree No. 957
filed by a subdivision lot or condominium unit buyer against the project owner and/or developer
and the mortgagee.