loan is payable within 25 years with a flat interest rate of 6% per annum. LGUs often
seek finance for community-driven resettlement initiatives that they propose within
their jurisdiction.
(c)
Usufruct
Usufruct is an arrangement based in Philippine civil law for tenure where a beneficiary
enjoys full usage of the property with the commitment that it shall be returned upon
the equivalent year of usage ends. Similar to other tenure arrangements, a usufruct
beneficiary enjoys the degree of protection against infringement, or unjust,
unreasonable and arbitrary eviction or disposition. Usufruct therefore provides stronger
possessory rights than a simple lease, but is a relatively cheap option when compared
to amortisation. This has made the usufruct arrangement popular for urban LGUs
when pursuing in-city resettlement projects.100
(d)
Land Proclam ation
Proclamation is a legal instrument issued by the President reserving the whole or part
of an idle government property, which might itself already be occupied by informal
settlers, open for disposition for social housing purposes. Presidential proclamations
can also involve privately owned lands acquired through appropriation, although this is
rare. It covers all government lands which are densely populated and suitable for
housing purposes. Land Proclamation has the capacity to provide instantaneous
tenure security in the short to medium term to residents of informal settlements.
However, in the longer term a variety of problems can be experienced in the
administration of the proclamation, particularly relating to the suitability of the
proclaimed site for development and the identification of project beneficiaries. If a
proclamation is not fully implemented it can be converted for other uses. Some civil
society stakeholders have criticised the administration of the land proclamation
approach for these reasons.101
(e)
Adm inistration of Alternative Tenure Arrangem ents
Although the variety of tenure arrangements available in the Philippines can provide
options to the urban poor when faced which mandatory resettlement, the number of
agencies offering social housing programmes can act to inhibit the efficient delivery of
services and in turn the enjoyment of housing-related human rights. The variety of
different land tenure arrangements available for communities who resettle forcibly or
voluntarily operate as alternative mechanisms to offer security of tenure to the urban
poor. The development of these different mechanisms has been commensurate with
the proliferation of actors and stakeholders in the housing sector. Typically, a
particular government agency adopts a single tenure arrangement. For instance, the
NHA usually offers amortisation to its beneficiaries, whereas the Social Housing
Finance Corporation administers the Community Mortgage Programme. That different
agencies will typically promote their own system of tenure arrangements among social
100
See: UN-HABITAT, Innovative Tenure in the Philippines: Challenges, Approaches and Institutionalization, 2012, p. 30.
See: Centre on Housing Rights and Evictions, Written Comments Concerning Philippines for Consideration by the United Nations
Committee on Economic, Social and Cultural Rights, 2008, p. 3.
101
60 Human Rights in the Rubble