Article 161Labor and Agrarian Laws and Social Legislation, p. 161

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

necessary rules and regulations, not inconsistent with any

provisions of this law, for the implementation of the

Magna Carta for Public Social Workers. The rules and

regulations shall be promulgated within six months from

the effectivity of this Act.

SEC. 24. Penal Provisions . - Any person who shall

willfully interfere with restrain or coerce any public social

worker in the exercise of his/her rights or shall in any

manner

commit any act in violation of any of the

provisions of this Act, upon conviction, shall be punished

by

a

fine

not

less

than

Twenty

thousand

pesos

(P20,000.00) but not more than Forty thousand pesos

(P40,000.00) or imprisonment of not more than one year,

or both at the discretion of the court. If the offender is a

public

official,

the

court,

in

addition

to

the

abovementioned penalties, may impose the additional

penalty of disqualification from office.

SEC. 25. Separability Clause . - If any provision of this

Act is declared unconstitutional or invalid, the remainder

thereof not affected thereby shall continue to be in full

force and effect.

SEC. 26. Repealing Clause . - All laws, ordinances,

rules and regulations, other issuances or parts thereof

which are inconsistent with this law are hereby repealed

or modified accordingly.

SEC. 27. Effectivity . - This Act shall take effect fifteen

(15) days after its publication in at least two newspapers of

general circulation.

RA No 9904 | Magna Carta for

Homeowners and Homeowners’

Associations

Rules and Regulations Implementing the Magna

Carta for Homeowners and Homeowners’ Associations

AN ACT PROVIDING FOR A MAGNA CARTA FOR

HOMEOWNERS AND HOMEOWNERS’ ASSOCIATIONS,

AND FOR OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled:

CHAPTER I TITLE AND DECLARATION OF

POLICY

Section 1. Title. – This Act shall be known as the

"Magna

Carta for Homeowners and Homeowners’

Associations".

Section 2. Declaration of Policy. - In fulfillment of the

constitutional principles directing the State to encourage,

promote and respect non-governmental, community -

based

and

people’s

organizations

in

serving

their

legitimate

collective

interests

in

our

participatory

democracy, it is hereby declared the policy of the State to

uphold

the

rights

of

the

people

to

form

unions,

associations, or societies, and to recognize and promote

the rights and the roles of homeowners as individuals

and as members of the society and of homeowners'

associations. To this end, the State shall endeavor to make

available resources and assistance that will help them

fulfill their roles In serving the needs and interests of their

communities,

in

complementing the efforts of local

government units (LGUs) in providing vital and basic

services to our citizens, and in helping implement local

and national government policies, programs, rules and

ordinances for the development of the nation.

Section 3. Definition of Terms. - For purposes of this

Act, the following terms shall mean:

(a) "Accounting period" refers to the fiscal or calendar

year

adopted

by

a

homeowners’

association in the

recording and reporting of its fiscal transactions.

(b)

"Association"

refers

to

the

homeowners’

association which is a nonstick, nonprofit corporation

registered with the Housing and Land Use Regulatory

Board (HLURB), or one previously registered with the

Home

Insurance

Guarantee Corporation (now Home

Guaranty Corporation) or the Securities and Exchange

Commission (SEC), organized by owners or purchasers of

a lot in a subdivision/village or other residential real

property located within the jurisdiction of the association;

or

awardees,

usufructuaries,

legal

occupants

and/or

lessees of a housing unit and/or lot in a government

socialized or economic housing or relocation project and

other urban estates; or underprivileged and homeless

citizens as defined under existing laws in the process of

being

accredited

as

usufructuaries

or

awardees

of

ownership

rights

under

the

Community

Mortgage

Program (CMP), Land Tenure Assistance Program (LTAP)

and other similar programs in relation to a socialized

housing

project actually being Implemented by the

national government or the LGU.

(c) "Association member" refers to a homeowner who

is a member of the association where his/her housing

unit or lot is situated and those defined in the articles of

incorporation and bylaws of the association.

(d) "Basic community services and facilities" refer to

services and facilities that redound to the benefit of all

homeowners and from which, by reason of practicality, no

homeowner may be excluded such as, but not limited to:

security; street and vicinity lights; maintenance, repairs

and cleaning of streets; garbage collection and disposal;

and other similar services and facilities.

(e) "Board" refers to the board of directors or trustees

of the association which has primary authority to manage

the affairs of the association.

(f)

"Common

areas"

refer

to property owned or

otherwise maintained, repaired or administered in whole

or in part by the association including, but not limited to,

roads, parks, playgrounds and open spaces as provided in

Presidential Decree No. 1216.

(g) "Common expense" refers to costs incurred by the

association to exercise any of the powers provided for in

this Act.

(h) "Economic housing" refers to a type of housing

project with lower interest rates and longer amortization

periods provided to moderately low - income families, as

defined under existing laws, rules and regulations.

(i) "Governing document" refers to the articles of

incorporation, bylaws, conditions, rules and regulations of

the association, or other written instrument by which the

association has the authority to exercise any of the

powers provided for in this Act.

(j) "Homeowner" refers to any of the following;

(1)

An

owner

or

purchaser

of

a

lot

in

a

subdivision/village;

(2) An awardee, usufructuary, or legal occupant of a

unit, house and/or lot in a government socialized or

economic housing or relocation project and other urban

estates; or

(3)

An

informal

settler

in

the

process of being

accredited as beneficiary or awardee of ownership rights

under the CMP, LTAP, and other similar programs.

(k)

"Residential

real

property"

refers

to any real

property, the use of which is limited by law to primarily

residential purposes.

(l) "Simple majority" refers to fifty percent (50%) plus

one (1) of the total number of association members.

(m) "Socialized housing" refers to housing programs

and projects covering houses and lots or home lots only

undertaken by the government or the private sector for

the underprivileged and homeless citizens which shall

include sites and services development, long - term

financing, liberalized terms on interest payments, and

other

benefits in accordance with the provisions of

© Compiled By RGL

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