6.5
Land Tenure Arrangements and Financing Initiatives
The absence of security of tenure is the dominant barrier to the enjoyment of adequate
housing. Without security of tenure communities are at risk of eviction and dramatic
changes to their source of livelihood and access to basic services. Notwithstanding the
regular occurrence of forced evictions and a somewhat dysfunctional urban
development regime, the Philippines is often celebrated for its innovative approaches
to providing security of tenure options to the urban poor. The tenure options listed
below are available in the Philippines as alternatives to traditional ownership structures
and are designed to promote security of tenure among communities who face
difficulties in obtaining adequate housing.
(a)
Am ortisation
The process of amortisation, a mortgage-style arrangement, is the principal means of
tenure security administered by the NHA in its resettlement sites. The arrangement
provides beneficiaries with a subsidised loan over their house and lot, with regular
monthly payments to be made over a 25-year period. The monthly payment rate
increases incrementally over the period of amortisation. Upon completion of the term
of amortisation, the beneficiary becomes the legal owner of the house and lot. Unlike
typical tenure arrangements, however, there are significant restrictions on how the
beneficiary may deal with his or her interest in the property during the amortisation
period. These restrictions are identified in section 14 of the UDHA as follows:
‘Should the beneficiary unlawfully sell, transfer, or otherwise dispose of his lot or nay right
thereon, the transaction shall be null and void. He shall also lose his right to the land, forfeit
the total amortization paid thereon, and shall be barred from the benefits under this Act for
a period of ten (10) years from the date of violation.’
According to this provision, which purportedly reinforces the terms of the amortisation
agreement, beneficiaries are restricted from any such transfer or dealing with the
property.
(b)
Com m unity M ortgage Program m e
The CMP is a mortgage financing programme which assists legally organised
associations of residents of informal settlements to own the lots they occupy, providing
them security of tenure and endeavouring to improve their neighbourhood and homes
to the extent of their affordability. The CMP promotes a community-driven approach,
which aims to improve the living conditions of poor households by providing them
community loans to secure tenure on the land they occupy or choose to, fund site
development and housing construction. Unlike other housing loan programmes that
involve the seller and the buyer, the CMP involves four entities: the community, the
landowner, the originator (now called CMP-Mobiliser) and the Social Housing Finance
Corporation, with clear tasks in facilitating the programme. Community organisations
apply to SHFC for consideration of their proposal. The processing of CMP loan
applications will essentially involve due diligence verification by SHFC on the CMP loan
application and the community’s acquired property will serve as their collateral. The
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