Sabado, Hulyo 16, 2011

Draft Executive Order na ginawa ng TWG para kay Pnoy

MALACAÑANG

MANILA

By the President of the Philippines

EXECUTIVE ORDER No. _____

REVOKING EXECUTIVE ORDER NO. 854, S. 2009, AND REINSTATING PRESIDENTIAL PROCLAMATION NO. 704, S.1995 AND PROCLAMATION NO. 1160, S. 2006


WHEREAS, the issuance and implementation of Executive Order No. 854, Series of 2009 which effectively revoked Proclamation No. 704 dated 28 November 1995, and Proclamation No. 1160 dated 17 October 2006, had caused serious repercussions in the socialized housing area covered by such proclamations, subjecting the settlers therein to a possible eviction;

WHEREAS, the issuance of Executive Order No. 854 was premised on the verified findings by the Department of Environment and Natural Resources (DENR) that the area covered by Proclamation No. 704, Series of 1995 was no longer feasible for socialized housing purposes and made it susceptible to heavy flooding during rainy days;

WHEREAS, the DENR, in its updated and current study, revealed that the socialized housing area covered by Proclamation No. 704 remains suitable for habitation, given the proper adoptable engineering solutions to be implemented in order to sustain the continued occupancy of the present dwellers in the said area;

WHEREAS, this development gives rise to a situation wherein the conditions and/or circumstances upon which Executive Order No. 854 are no longer present, thus, warranting the need to revisit and examination the further implementation of Executive Order No. 854;

NOW, THEREFORE, I, BENIGNO SIMEON C. AQUINO III, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order:

Section 1. Revocation of Executive Order No. 854, Series of 2009. Executive Order No. 854, entitled “Revoking Proclamation No. 704, S. of 1995 And Proclamation No. 1160, S. 2006, And Establishing A Task Force To Formulate And Implement A Comprehensive Rehabilitation Plan For The Napindan Channel, Lupang Arenda And Manggahan Floodway” is hereby revoked.


Section 2. Mandatory Report of the Task Force. The Task Force created under Section 3 of EO 854 is hereby directed to submit to the President of the Philippines, a full and detailed report pertaining to the Two-(2) Year Comprehensive Rehabilitation Plan that was supposed to have been undertaken in the implementation of EO 854, within thirty (30) days from effectivity.


Section 3. Repealing Clause. All administrative orders, rules and regulations inconsistent with the provision of this Executive Order are hereby repealed or modified accordingly.


Section 4. Separability Clause. If any part of this Executive Order is deemed contrary to law, the same shall not invalidate the entirety thereof, and the unaffected provisions shall remain in full force and effect


Section 5. Effectivity. This Executive Order shall take effect immediately.

Done in the City of Manila this ___ day of ________ in the Year of Our Lord, Two Thousand and Eleven.


By the President:

PAQUITO OCHOA

Executive Secretary

Pagkakaisa ng mga taga Arenda

Miyerkules, Hulyo 13, 2011

DILG-Technical Working Group REport

LUPANG ARENDA AND MANGGAHAN FLOODWAY

DILG-Technical Working Group Report to President Noynoy Aquino dated 02 May 2011


Recommendation:

Revoke Executive Order 854 (EO 854) and return the effectivity of Presidential Proclamations Nos. 704 and 1160. Pursuant to this, NHA should continue awarding lots to qualified beneficiaries and the LGUs, DENR, Philippine Institute of Volcanology and Seismology (PHIVOLCS), and the Laguna Lake Development Authority (LLDA) should regulate the type of construction in the designated areas and ensure the observance of easements.


There are around 100,000 informal settler families affected by EO 854.
As background, Presidential Proclamation No. 704, issued in 1995 by former President Fidel V. Ramos, set aside a portion of public land located at Sitio Tapayan, Barangay Sta. Ana in Taytay, Rizal for socialized housing, targeted for those living on the banks of the Pasig River and declaring the same open for disposition in their favor.


On the other hand, Proclamation No. 1160, signed in 2006 by former President Gloria Macapagal-Arroyo, reserved 20 parcels of land at the Manggahan Floodway Complex in Pasig City for the construction of a medium-rise, socialized, and low-cost housing project for the landless and homeless employees of the provincial government of Rizal.


According to reports, there were no structures or establishments that were washed out within the area covered by Proclamation No. 704, when Typhoon Ondoy struck in 2009.
The area that was flooded during Ondoy and alleged as the reason for obstructing water flow is a community called Purok 8 in Lupang Arenda. Purok 8, although part of Lupang Arenda, is not within the part of the proclaimed site. Said community is now totally abandoned and, hence, does not need to be relocated.


The whole proclaimed site is protected by the Metro Manila Flood Control Project (i.e. lakeshore dike). The realignment of the dike to protect the whole proclaimed site was provided for through the Memorandum of Agreement of 2003 entered into and by the concerned national government agencies, which the President Gloria Arroyo was well aware of.


In issuing the revocation of Proclamation Nos. 704 and 1160 through EO 854, former President Arroyo used as basis the findings of the DENR, which showed that the area covered by Proclamation No. 704 is no longer feasible for socialized housing due to its susceptibility to heavy flooding during rainy season. She likewise heeded the recommendation of the HUDCC that the government should the affected 5,000 informal settler families are determined since the actual zonal value will depend on the district where they are located.


Refrain from constructing structures at the Manggahan Floodway Complex due to geo-hazards.
At present, there are already structures along the coastline of the Laguna Lake such as dikes and other infrastructures. Considering the presence of such structures, the 12.5 meters elevation, which are considered to be part of the Laguna Lake and are pronounced to be dangerous areas, are no longer applicable.


While it may be assumed that the proclaimed site lies below the 12.5 water level set by the LLDA, it is not this situation that caused the flooding within the proclaimed site during the typhoon Ondoy.


The real cause of the flooding was due to the unfinished portion of the dike near the pumping station, where the lake water passes through. The areas mentioned in the EO 854 such as Purok 8 in Lupang Arenda are no longer occupied. Thus, there is no threat to human lives if flooding occurs. In addition, the Department of Public Works and Highways (DPWH) has just bid two rehabilitation projects to repair the small damaged portion of the road dike.


Further, there are current and on-going studies that state that the areas mentioned in EO 854 are habitable. With the proper adaptive engineering solutions, the said areas can possibly sustain the continuous habitation of the families that are located in the affected areas.


The passage of EO 854 is being questioned as to its effects and consequences on the part of the families that are affected by the relocation from the areas mentioned therein.


A careful perusal of the EO 854 shows that the said Order was based on a reaction to Typhoon Ondoy’s occurrence, which was made without a thorough factual and technical evaluation and the necessary coordination with the families affected by its passage.


The Mines and Geosciences Bureau (MGB), PHIVOLCS, DPWH, NHA, and the LGUs of Taytay and Cainta are all agreed that communities must observe the easements in order to keep their families safe and at the same time to avoid contributing to the clogging and pollution of the entire stretch of the waterways that lead to Metro Manila cities. On the other hand, the leaders of communities and NGOs along these banks agree that many will have to be relocated elsewhere but at the same time, they are proposing that engineering solutions for housing designs should be looked into, especially for those that are in areas that are considered highly dangerous.

The TWG recommends that EO 854 be amended, revoked or repealed by a new Executive Order, the exercise of which is within the executive prerogative of the President as the head of the Executive Department.

Linggo, Hunyo 20, 2010

Covenant With The Urban Poor

Covenant With The Urban Poor
Our country’s most valuable resource is its people.
Every Filipino has the right to basic human needs, a decent standard of living, and the equal opportunity to develop his or her potentials to the fullest.
In a modern economy every person must be a productive citizen contributing the best of his or her abilities to the development of the country.
However, poverty denies many Filipinos their basic rights and the opportunities to improve their lives and help in nation building. Bad governance and corruption are the primary causes that subvert development and growth.
As candidates for public office, we pledge to build a just society for all Filipinos. We shall vigorously rid our government of corruption and channel these resources to address the basic needs of our people, especially the poor and marginalized.
We shall also implement sustainable solutions through institutionalized policies to combat poverty and provide basic needs, including housing, health, education and jobs for the poor, rather than the “stop gap” measures and empty political gestures of the past and present.
We commit ourselves to the following goals and principles:
1.No evictions without decent relocation.
We will end illegal forced evictions. We will not allow any public or private authority to evict families and leave them homeless in the street. The government must provide decent relocation, near-city or in-city, if possible, quality housing, adequate basic services and jobs.
We will not tolerate a situation where wage earners have to stay in the city to work while the other members of the family stay in distant relocation centers. This separation weakens and often fractures family life. We will not institutionalize such situations by building sites in the city where they will live apart from their families. As the work force in the cities, the poor, up to the extent possible, should be given the opportunity to stay in the cities.
We will strengthen efforts to achieve balance and equitable urbanrural development and established sustainable livelihood activities in relocation areas to proactively address the problems of in-migration and informal housing.
2.Provide support for area upgrading and in-city resettlement.
We will shift the emphasis in our housing program to area upgrading and in-city resettlement through the Community Mortgage Program (CMP). We will accelerate CMP and promote its localization (LCMP).
We will strive to proclaim land in favor of as many poor families as possible anchored on the Comprehensive Land Use Plans of their local governments and in consultation with their beneficiary families.
We will order a review of all Presidential Proclamations to determine the status of their implementation. We will not revoke any Presidential Proclamation without thorough study and adequate consultation.
3.Provide basic services that benefit poor communities.
Over the six years of our term, we will significantly increase the health and education allocations in our national budget. This will bring us closer to the level of spending of our neighboring countries. We will extend health insurance coverage to all urban poor people, put an end to shifting in public schools and provide full set of quality textbooks for our public school children.
We will work with the private sector, utility cooperatives and the donor community to provide access to water and electricity for all urban poor communities. We will encourage or public utilities and governmentowned and controlled corporations to incorporate these goals as an integral part of their corporate social responsibility.
4.Housing budget.
Our desire is to have a government which will provide adequate housing for every Filipino and protect their housing rights.
To this end, we are committed to support and replicate successful housing programs to cover the estimated housing need by providing sufficient funds through the use of the Comprehensive and Integrated Shelter Financing Act (CISFA) and other financing sources.
We will also work with the Local Government Units and the private sector, especially those in the financial sector, in coming up with new, innovative and sustainable housing and financial products that will provide access to housing to the marginalized and poor of our country.
We will strengthen government’s partnership with non-government organizations and support people’s initiative to provide the poor with housing.
5.Jobs.
We will create large-scale public works programs that can generate substantial number of jobs for poor men and women. At the onset of our term, we will emphasize labor-intensive public works programs that can generate significant numbers of jobs for our poor people and give them access to at least the minimum amounts of money, food and dignity needed for their daily survival and well-being. We will help those in the informal sector to avail of relevant incentives, services and benefits, such as access to social security and other forms of assistance.
Recognizing that the primary and most important resource of our country is its people, we will emphasize the creation of jobs that empower the work force, jobs that build capacity and create opportunities for the poor and marginalized. This requires advance training and preparation for appropriate skills needed for modern economy. This also presumes sound elementary and high school education. We promise to focus on generating jobs that will encourage entrepreneurship including-pro poor tourism. We will create an environment that is conducive to growth, competitiveness and full-employment.
6.Increased cooperation with local government units.
We will work with Local Government Units for the full implementation of the provisions of the UDHA and to empower them to address the housing needs of their constituents through existing provisions in the UDHA such as the provision of land for socialized housing and the inventory of informal settlers within their respective jurisdictions.
To encourage Local Government Units to take the lead in addressing housing needs, we will provide incentives to LGUs like co-financing schemes, technical assistance and other support services so that they could take an active role in socialized housing.
We will institutionalize and strengthen participatory shelter planning at the local level and identify other fund sources to support housing programs particularly for informal settlers at the local level.
7.Peace.
I will make every effort possible to begin sustainable and uninterrupted peace negotiations in Mindanao. We will not give up this peace-making effort. We will respond to the needs of dislocated/displaced people in Mindanao due to continued conflict between Christian and Muslim brothers.
8.Post-Ondoy Rehabilitation Program.
We recognize that most people living in risk prone areas are forced by circumstances to live in these areas because government has failed to give them viable alternatives. This is the basic premise of the Post-Ondoy Rehabilitation Program.
We will appoint capable persons to plan and implement intensive post-Ondoy rehabilitation projects. We will explore new approaches that address both the housing and livelihood needs of affected families. We will review Executive Order 854 in consultation with the affected communities and look for appropriate solutions for the families living in Manggahan Floodway and Lupang Arenda. We will ensure that local and international public and private efforts are closely coordinated.
9.Appointment
The appointment of reform-minded persons is essential to the attainment of the objective of HUDCC to institute reforms and steer this office and other shelter agencies to become more responsive, efficient and effective agencies in the delivery of housing services to poor families. Cabinet positions and portfolios including the Undersecretaries and Assistant Secretaries would be distributed among the three major islands (Luzon, Visayas and Mindanao) without sacrificing competence and trustworthiness criteria.
We will appoint a person with a track record and demonstrated capacity in delivering social housing as HUDCC Chairperson. We will appoint NGO and PO representatives in the boards of the Social Housing Finance Corporation (SHFC) and in the council of the Housing and Urban Development Coordinating Council. We will also appoint an NGO representative with observer status to the board of the National Housing Authority (NHA). We will also appoint an NHA General Manager, the SHFC President and Chairman of the Presidential Commission for the Urban Poor in consultation with civil society groups.
10.Participation & Stakeholdership.
We will emphasize the role of stakeholders in finding solutions to the problems that they face. In fact, the process that we will go through to provide the details of this plan we have presented today will be consultative and transparent.
All these goals with the urban poor will be part of our development agenda and platform to build an inclusive urban society.

Lunes, Marso 1, 2010

Position Paper

ARENDA URBAN POOR FEDERATION INC. (AUPFI)


March 1, 2010


Position Paper


REPEAL PORTION OF EXECUTIVE ORDER NO. 854 RELATIVE TO THE REVOCATION OF PRESIDENTIAL PROCLAMATION NO. 704



A. THERE IS NO BASIS FOR THE REVOCATION OF PROCLAMATION NO. 704


1. The DENR Region IV-A Report re: proposed revocation of Proclamation No. 704., dated November 26, 2009, contain false, misleading and inaccurate assessment of the situation.


a. There is not a single structure or establishment that was “washed out” within the area covered by Proclamation No. 704.


The area being presented and referred to as totally submerged and washed out by typhoon Ondoy is a community called Purok 8 of Lupang Arenda. PUROK 8, although part of Lupang Arenda, IS NOT PART OF THE PROCLAIMED SITE. Said community is now totally abandoned.


b. While it is maybe true that the proclaimed site lies below the 12.5 mean low water level set by Laguna Lake Development Authority (LLDA), it is not this situation that caused the waist-high flooding within the proclaimed site during the typhoon Ondoy.


The whole proclaimed site is protected by the Metro Manila Flood Control Project (Lakeshore dike). The realignment of the dike to protect the whole proclaimed site was provided through the Memorandum of Agreement of 2003 entered into and by the National Agencies, which the office of the President was well aware of and duly approved.


The real cause of the flooding was due to the unfinished portion of the dike near the Pumping station where the lake water passed through.


The flooding was further aggravated by the negligence on the part of the agency-in-charge in closing the 4 manually-operated gate valves at the height of the typhoon.


With the completion of the Metro Manila Flood Control Project, the whole area of Proclamation 704 would no longer be susceptible to flooding.


2. The third premise stated in the Executive Order NO. 854 is not true.


a. EO 854 third premise stated, “Whereas, there are about 100,000 families presently living within and outside the proclaimed sites which obstruct the flow of water along the Napindan channel and the Manggahan floodway”


b. Again, the Purok 8 is the one clearly and visibly obstructing the flow of water along the Napindan channel, and not the area covered and within the Proclamation No. 704.


3. There was no adequate consultation with the concerned LGU’s and stakeholders.


a. There was clearly an attempt on the part of the government not to disclose the revocation.


b. The concerned LGUs are in the position to verify and validate the objective situation of the proclaimed site.


4. The recommendation lack technical evaluation to support and validate the findings of DENR.


a. The creation of technical working group to conduct further investigation, technical evaluation and submission of comprehensive report was correctly suggested by Undersecretary for staff bureaus Manuel Gerochi on December 4, 2009. However, the suggestion was apparently rejected.



B. The revocation of Proclamation No. 704 will render useless all past efforts and resources spent both by the government and the occupants, and will erode the confidence and thrust of the people in the government’s policy and programs.


1. Aside from the P2B fund for the implementation of Metro Manila Flood Control Project, the government had to secure additional fund for the realignment of the dike provided by the Memorandum of Agreement of 2003 just to protect the whole areas covered by Proclamation N0. 704.


The realignment paved the way for implementing various self-help development projects by the occupants of Proclamation No. 704 and infusion of local government units fund for various infrastructure projects in the proclaimed site.


2. The signing of the Memorandum of agreement built and strengthened the thrust and confidence of the stakeholders in the government’s policies and projects. The revocation of the proclamation will certainly cause the erosion of their trust.



C. The revocation and the ensuing relocation program will be expensive and only create bigger social problem


1. The government will be spending P12B just to relocate the 60,000 families. Said fund can be effectively use for other projects of the government.


2. This will only disrupt the lives of the 60,000 affected families who have fully adjusted and living a normal life in the proclaimed site.


3. The scarcity of available relocation sites will only aggravate the problem.



D. It is more practical and economical for the government to implement solutions to the problems affecting the viability of the proclaimed site as socialized housing project.


1. Increasing the height of the dike to 2 meters.


2. Improving the drainage system within the proclaimed site.