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The Post-Proclamation

Process
ATTY. ALVIN T. CLARIDADES
Director, Post-Proclamation Group

TRAINORS’ TRAINING
FOR THE MINDANAO REGIONAL INTER-AGENCY
COMPOSITE TEAMS (RIACTs)
Grand Men Seng Hotel, Davao City
November 22-24, 2011
1
Legal Basis for Post-
Proclamation Activities
1. Proclamation issued by the President
“reserving or declaring as socialized housing
site certain untitled lands of the public
domain;”
or
2. Executive Order issued by the President
authorizing the concerned GOCC or other
instrumentality to dispose of its titled lands
which are already occupied by ISFs.

2
Post-Proclamation Activities
I. LIAC Organization
HUDCC shall, upon notice of the
Proclamation, immediately coordinate with the
LGU concerned for the purpose of convening
the LOCAL INTER-AGENCY COMMITTEE
(LIAC) which shall take the lead in Post-
Proclamation activities.
LGU concerned, through the LOCAL CHIEF
EXECUTIVE (MAYOR), shall organize and
convene the LIAC through an order issued for
the purpose.

3
Post-Proclamation Activities
LGU shall, within 15 days from the issuance of
the Proclamation, create a Local Housing Board
(LHB), Local Housing Office (LHO) or its
equivalent which shall serve as the secretariat
of the LIAC.
The Presidential Commission for the Urban
Poor (PCUP) shall assist the LIAC in the
accreditation and selection of the People’s
Organization (PO) which shall be entitled to be a
member of the LIAC representing the project
beneficiaries.

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Post-Proclamation Activities
II. Composition of the LIAC
HUDCC or LGU shall chair the LIAC, with the
following as members:
PCUP NHA DENR PO/NGO
Land owner or administrator Other agencies

III. Working Sub-Committees


1. Beneficiary Selection, Awards & Arbitration,
2. Social Preparation,
3. Technical Land Research, etc.
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Post-Proclamation Activities
IV. Implementing Rules
LIAC shall adopt the Implementing Rules and
Regulations (IRR) of the Proclamation which
shall furnish the specific guidelines to be
followed by all concerned.

V. Code of Policies
LIAC shall also adopt a Code of Policies on
Beneficiary Selection which shall govern the
conduct of Prequalification of Beneficiaries, Lot
Award and Arbitration of Claims.

6
Post-Proclamation Activities
VI. Community Dialogue
Sub-Committee on Social Preparation shall
conduct dialogues with the affected members of
the community to inform and properly prepare
them regarding the Post-Proclamation process.

VII. Tagging & Census Operations(TCO)


Sub-Committee on Social Preparation shall
conduct a census of households actually
residing within the proclaimed site. It shall also
tag the different structures to be found in the
area and prepare the corresponding map.
7
Post-Proclamation Activities
Tagging & Census Activities
• Tagging of Structures
• Mapping of Structures
• Household Listing
• Interview of Households
• Callbacks
Post-Tagging & Census Activities
• Preparation of Master List of Households
(Alphabetical and Numerical) & Posting
• Presentation of TCO Results to Stakeholders
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Post-Proclamation Activities
VIII. Boundary Survey
DENR shall conduct the necessary boundary
survey to establish the actual boundaries of the
proclaimed site on the ground vis-à-vis the TD.

IX. Special Patent


In case of an untitled public land, the President,
upon the recommendation of the DENR-Land
Management Bureau (LMB), shall issue a
Special Patent covering the areas comprised by
the Proclamation in favor of the designated
administrator or reservee.
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Post-Proclamation Activities
X. Deed of Conveyance
In case of a titled government land, the GOCC
or concerned agency shall execute the
necessary instrument that will convey the
proclaimed property to the designated
administrator or reservee.

XI. Pre-qualification of beneficiaries


Sub-Committee on Beneficiary Selection shall
screen the potential beneficiaries based on the
qualification criteria set forth in the COP. The
NHA shall assist in verifying and validating the
beneficiaries with its Alpha-Listing.
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Post-Proclamation Activities
XII. Subdivision Survey
The PO/HOA or the LGU concerned may fund
and commission a private surveyor to conduct
subdivision survey works in the proclaimed
area.
Should the PO/HOA lack funds for that purpose,
it may request HUDCC to provide funds for
survey works, subject to liquidation and
recoupment from the beneficiaries.
HUDCC shall enter into a MOA with the LGU
concerned relative to the transfer of survey
funds to the latter.
11
Post-Proclamation Activities
XIII. Land Valuation
Subcommittee on technical land research shall
study and recommend to the LIAC the maximum
area of lot that may be allocated and awarded to
a beneficiary.
It shall also recommend the price of the land per
square meter in case of sale to the
beneficiaries.

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Post-Proclamation Activities
XIV. Lot Award
After the DENR approval of the subdivision plan
and the LIAC approval of the masterlist of
qualified beneficiaries, the LIAC or agency
concerned shall proceed to award any of the
following tenurial instruments:
DSM
CTS/CCS
INA/OA
USUFRUCT/SPECIAL LAND USE PERMIT
CELA (with lot size, block & lot number, TD)
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Post-Proclamation Activities
XV. Land title
If all the conditions of the award (such as full
payment of the lot price) have been fully
complied with by the individual beneficiary,
he/she shall be entitled to receive the title to the
lot awarded to him/her.

XVI.Cost-recovery
The survey cost shall be tacked to the prices of
the individual lots and shall be recovered from
the beneficiaries by the LGU concerned.

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Project Administration

Lead Agencies

1. Over-all coordinating agency: HUDCC


2. Project Administrator:
 HUDCC
 DENR
 NHA
 LGU concerned
 NGA or GOCC which administers or owns
the proclaimed property.

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Post-Proclamation Flowchart
PIAC
ORGANIZATION

Census and tagging Special Patent / Conveyance of


IRR/MOA/ Property / Title to Administrator
Boundary Survey
Code of Policies Structural Mapping DENR
DENR
(PIAC)
(PIAC)

Beneficiary Selection Subdivision Plan


& Prequalification

Re-blocking/Physical Lot Titling


Development (with annotation)
CELA Awarding

Real Estate Tax/Sale/Disposition/


Collection

Titling in the name of awardees

16
Daghang salamat!

For inquiries, you may get in touch with:


DIR. ALVIN T. CLARIDADES
HUDCC-Post-Proclamation Group
15/F, BDO Plaza, Paseo de Roxas, Makati City
Tel. No. (02)811-4170

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