EXECUTIVE ORDER NO. 48, October 26, 2001

DECLARING NON-CORE PROPERTIES OF THE PHILIPPINE NATIONAL RAILWAYS (PNR) AS SOCIALIZED HOUSING SITES AND PROVIDING FOR THE DISPOSITION OF THE SAME TO BONAFIDE OCCUPANTS

WHEREAS, Article IV, Section 8 of Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992 (UDHA), provide that government-owned lands which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of the UDHA and identified as suitable for socialized housing, shall immediately be transferred to the National Housing Authority (NHA) subject to the approval of the President of the Republic of the Philippines for proper disposition;

WHEREAS, the President has issued a Memorandum dated 05 February 2001, directing all Heads of Government Departments, Agencies, Government-Owned and Controlled Corporations and their Instrumentalities to identify areas which may be proclaimed for socialized housing purposes;

WHEREAS, said Memorandum is in accordance with the policy of the present Administration of regularizing the land tenurial status settlers occupying public lands;

WHEREAS, the Philippine National Railways (PNR) owns several properties all over the Philippines consisting of more than 1,000 hectares;

WHEREAS, the PNR has expressed its intention to dispose its non-core properties which are mostly occupied by informal settler families at zonal value, as mandated by UDHA;

WHEREAS, the disposition of said properties form an essential part of the rehabilitation plan of PNR and must also be fast tracked to abate the proliferation of informal settlers into these non-core properties which may adversely affect such disposition.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO , President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. Declaration as Socialized Housing Sites. In view of the urgency and need by thousands of informal settlers to acquire land ownership and shelter security, the non-core properties of PNR as are found viable for the purpose, are hereby declared as sites for socialized housing, subject to private rights, for disposition to their actual bonafide occupants.

The non-core properties of the PNR are those outside the boundaries of the railroad tracks and not utilized for railroad purposes.

If necessary, a final survey shall be conducted to clearly determine the areas and parcels covered by this Order.

Section 2. Inventory. The PNR is hereby directed to submit a comprehensive inventory of its entire non-core properties to the Housing and Urban Development Coordinating Council (HUDCC) for evaluation of the viability of these properties for socialized housing projects.

Section 3. Sales Proceeds. The PNR, in coordination with the Department of Budget and Management (DBM), shall determine the priorities to be observed in the allocation and utilization by PNR of the sales proceeds of the properties so disposed, including allocating  portion of the proceeds to PNR’s outstanding payables with Government Service Insurance system (GSIS).

Section 4. Support of Government Agencies and the Private Sector. The HUDCC may call on the support and assistance of the other government agencies, bureaus and instrumentalities, including private sector organization, in the implementation of this Order.

Section 5. Implementing Guidelines. The HUDCC in coordination with PNR and NHA, shall prepare the implementing guidelines of the Order.

Section 6. Separability Clause. In the event any provision hereof is declared invalid by any competent court or tribunal, the other provisions hereof unaffected thereby shall remain in full force and effect.

Section 7. Effectivity. This Order shall take effect immediately.

DONE in the City of Manila, this 26th day of October in the year of Our Lord, two thousand and one.

(SGD.) GLORIA MACAPAGAL-ARROYO

By the President:

(SGD.) ALBERTO G. ROMULO

Executive Secretary