PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACTS
REPUBLIC ACT NO. 2013 - AN ACT
CREATING THE CEBU EMPLOYEES LABORERS, FISHERMEN AND PEASANTS HOUSING
CORPORATION |
Section
1. There is created a public corporation to be known
as the Cebu Employees, Laborers, Fishermen and Peasants Housing
Corporation, which shall be a corporate body in deed and in law, and as
such, is endowed with the attribute of perpetual succession and
possessed of the powers which pertain to public corporations, to be
exercised in conformity with the provisions hereof. It shall have its
central office in the City of Cebu. Sec. 2. The purposes for which the Cebu Employees, Laborers, Fishermen and Peasants Housing Corporation is created are: (a) The acquisition, development, improvement, construction, leasing and selling of lands and buildings or any interest therein in the City of Cebu and populous towns of said province, with the object of providing decent housing for those employees, laborers, fishermen and peasants, who may be found unable otherwise to provide themselves therewith; (b) The promotion of the physical, social, and economic betterment of the inhabitants of the City of Cebu and populous towns of the Province of Cebu, by eliminating therefrom slums and by providing homes at low cost to replace those which may be so eliminated; and (c) The provision of community and institutional housing for destitute individuals and families and for paupers.cralaw Sec. 3. The Corporation shall have the power to adopt a common seal and alter the same at pleasure, to contract and be contracted with, to sue and be sued, and to prosecute and defend to final judgment and execution, in the exercise of its powers herein granted. The Corporation shall also own the real properties which, by virtue of this Act, will be conveyed to it.cralaw Sec. 4. The Cebu Employees, Laborers, Fishermen and Peasants Housing Corporation shall have the power to take, acquire, purchase, receive, and hold personal and real property by lease, purchase, expropriation, or otherwise, and to sell, mortgage, let, demise, convey, exchange, lend and otherwise dispose of real and personal property, for cash, by installment contract, or otherwise; to solicit, receive and disburse loans and grants of money and property from the Government or from private individuals; to apply any profit or capital recoveries which are created; to select after investigation the individuals and families who are to occupy or acquire lots and houses at the disposal of the Corporation; to enter into or execute contracts as may be considered convenient and advantageous to the Corporation and for the purpose of carrying on its business and of attaining or furthering any of its objects; to perform any and all acts which a co-partnership or natural person is authorized to perform under the laws existing or which may be hereafter enacted, and to adopt or promulgate such rules and regulations as may be necessary to carry out the purposes of this Act.cralaw
Sec. 5. The Cebu Employees, Laborers, Fishermen
and Peasants Housing Corporation shall exercise its corporate powers,
perform its duties, and carry out its purposes through a Board of
Directors and its executive officers hereinafter specified and such
additional officers, employees, and agents as may be authorized from
time to time by the Board of Directors with the approval of the
President. The Board of Directors of the Cebu Employees, Laborers,
Fishermen and Peasants Housing Corporation shall consist of a chairman,
and four members to be appointed by the President of the Philippines,
with the consent of the Commission on Appointments. The members of the
Board of Directors shall hold office for five years. When the members
of the Board of Directors first appointed hereunder shall have assumed
office, the President shall designate in writing within thirty days of
notification of their assumption of office the members who are to serve
one, two, three, four and five years, respectively, and their terms
shall expire in accordance with such designation. Thereafter, the
person appointed to succeed a member of the Board of Directors whose
terms of office shall have expired by reason of such designation shall
continue to serve for the full five-year term, and except in the case
of vacancies caused otherwise than by the expiration of the term, only
one member shall be appointed to the Board of Directors each year. In
the event of a vacancy, the successor appointed to fill the same shall
serve only the unexpired portion of the term of the member he succeeds.cralaw Sec. 6. The chairman shall preside over the meetings of the Board of Directors and perform such other duties as may be assigned to him by said Board. A vice-chairman may be designated by the President to act in case of the absence or disability of the chairman.cralaw
Sec. 7. The Board of Directors shall, with the
approval of the President of the Philippines, appoint and fix the
salary of a manager, who shall be the chief executive officer of the
Cebu Employees, Laborers, Fishermen and Peasants Housing Corporation,
and under the direction of the Board of Directors, shall be responsible
for carrying out the orders, resolutions, ordinances, rules and
regulations of the Board. The Board may suspend, and, with the approval
of the President, remove the manager.cralaw Sec. 8. The Board of Directors shall, with the approval of the Economic Coordinator, fix the compensation of all other officers, employees, and agents of the Cebu Employees, Laborers, Fishermen and Peasants Housing Corporation. The manager shall appoint them in accordance with the Civil Service Law and the Salary Law: Provided, however, That agents, performing occasional services and handling commercial activities for the Corporation, and not regularly employed, shall not be subject to the limitations nor entitled to the benefits applicable to the Civil Service.cralaw Sec. 9. If the volume of work of the Corporation shall require the assignment of one or more full-time representatives of the provincial auditor of Cebu to serve with the Cebu Employees, Laborers, Fishermen and Peasants Housing Corporation, the compensation of such representative shall be paid by the Corporation.cralaw
Section 10. The provincial fiscal shall be the
attorney for the Cebu Employees, Laborers, Fishermen and Peasants
Housing Corporation, and may designate or authorize any of his
assistants to represent the Corporation in matters requiring the
services of an attorney-at-law.
Section 12. In computing the cost of the lots to be
leased or sold to individuals under the authority of the next preceding
section, the following expenditures may be taken into account: Section 13. Pending the sale to individuals of land acquired by expropriation under authority hereof, the Board may dispose of unsold lots by lease.cralaw Section 14. The Cebu Employees, Laborers, Fishermen and Peasants Housing Corporation is empowered to take title to, develop, administer, and dispose of by sale or lease any portion or portions of the public domain designated for residential use, pursuant to the provisions of sections seventy-one to eighty-two, inclusive, of the Public Land Act, and other applicable provisions of said Act.cralaw Section 15. When the Corporation shall have available and reasonable number of dwelling places under its control, it shall have the power from time to time, after due investigation, to declare specified area a slum area, and to take measures to eliminate or improve unsatisfactory conditions obtaining in such slum areas.cralaw Section 16. The order of the Corporation declaring a slum area must be by virtue of a finding of facts that the living conditions prevailing in the specified slum area are unhygienic or unsanitary to a degree which renders same to the health welfare of the inhabitants of such area and its environs, which finding of facts shall be recited in the order. The order shall specify the boundaries of the slum area by reference to known streets or public places, or by other metes and bounds, and shall annex thereto a plan clearly showing the location of the slum area. Said order shall be punished twice in the Official Gazette for two consecutive weeks and copies thereof posted in four conspicuous places on or adjacent to the slum area and at the municipal building of the city or municipality in which the slum area is situated. Copies of the order shall also be left at each dwelling house in the slum area and an effort made to serve copies on the owners of the land embraced in the slum area. But failure to leave or serve such copies shall not vitiate the proceedings hereunder. For a period of thirty days after such posting and publication, any party may object to the order declaring a slum area, and shall be given an opportunity within a period specified in the order to be heard by the Corporation. The Corporation may eliminate a portion of the slum area or otherwise modify its order as a result of objections presented, or refuse to reconsider its order. In the latter case, the person objecting may appeal from the order of the Corporation to the President of the Philippines within ten days of the date of the Corporation's decision, by filing his appeal with the Corporation. The Corporation shall forthwith transmit the appeal with its views to the President, whose decision thereon shall be final. An objection or appeal hereunder shall not stay the Corporation from proceeding under this Act with respect to the land or buildings of those not appealing.cralaw Section 17. When an order declaring a slum area shall have become effective, the Corporation shall have concurrent jurisdiction with the government of the city or municipality in which the slum is situated to adopt building and sanitary regulations with the same powers as such city or municipality might have with respect thereto; but such regulations shall in general follow the existing ordinances if an adequate and sanitary building code or regulations be enforced, and shall not be less exacting than those of the municipalities concerned. In case of conflict, the President of the Philippines shall determine which regulations shall prevail.cralaw Section 18. The Corporation may declare its jurisdiction over a slum area terminated, if in its opinion, its purposes have been accomplished therein, but may subsequently declare such area or portion thereof a slum area should conditions again justify the same.cralaw
Section 19. The Corporation shall exercise the
following powers and authority over duly declared slum areas: Sec. 20. The officers and employees of the Corporation shall have the same right of entry into private premises and other police powers as officers and employees of the Bureau of Health, or of the Health Department of the City of Cebu.cralaw Sec. 21. Any person who shall fail or neglect to carry out the lawful orders of the Corporation issued pursuant to section nineteen hereof, or who shall violate any sanitary or building regulation promulgated by the Corporation shall be punished for each offense by a fine of not more than two hundred pesos, or by imprisonment of not more than two months, or by both.cralaw Sec. 22. The Cebu Employees, Laborers, Fishermen and Peasants Housing Corporation may appropriate available funds under its control for the use of the city or municipal government whenever the local revenues are deemed insufficient to maintain the standard of public services deemed appropriate for the accomplishment of the purposes of this Act within the areas controlled by the Corporation. In the case of the lease of lots or houses in cities or towns which furnish suitable public services and assume the cost of maintaining streets and other public works, the Corporation may include in the rental rate an amount equal to the real estate taxes which would accrue were the property privately owned, and turn over the same to the local government concerned.cralaw Sec. 23. The Corporation shall commence its activities under this Act in the City of Cebu and its environs, but shall promptly undertake technical investigations to determine the extent of slum conditions in other populous towns of Cebu and make an estimate of the cost of extending its activities thereto when funds and personnel are made available therefor. Report of the Corporation's investigations and estimates shall forthwith be submitted to the President of the Philippines and to the Congress of the Philippines with its recommendations in the premises.cralaw
Sec. 24. There is appropriated out of any funds in
the National Treasury, not otherwise appropriated, the sum of five
million pesos in order to enable the Cebu Employees, Laborers,
Fishermen and Peasants Housing Corporation to accomplish its purposes
and objects as set forth in this Act: Provided, That the sum herein
appropriated shall not be paid to said Corporation except upon order of
the President of the Philippines, who may require that such payment be
made in full or in installments, in his discretion. Sec. 26. The corporate existence of the Cebu Employees, Laborers, Fishermen and Peasants Housing Corporation shall commence upon the date when a majority of the members of the Board of Directors shall have taken their oaths of office.cralaw
Sec. 27. This Act shall take effect upon its
approval.cralaw Approved: June 22, 1957. |
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