Abstract
This chapter discussed the complexity of laws and informal norms as well as the many public agencies involved in doing real-estate business in the Philippines, particularly in establishing relocation and housing projects by government-accredited developers for disaster victims. It described the tedious and multiple legal and bureaucratic requirements—at both the national and local levels—in the Philippine real-estate system, which can delay and add cost to post-disaster housing and increase the burdens of housing beneficiaries. It identified the major informal normative systems and housing groups that created many negative unintended effects to relocation projects for disaster victims such as the Typhoon Ketsana victims in the Southville Rodriguez Housing Project relocation area. Using the normative pluralist perspective, it argued that in the absence of a comprehensive and unified post-disaster recovery law and one-stop public agency on post-disaster housing, the multiple laws, regulations, and informal cultural norms in the Philippine real-estate system could deviate the intended effects of the post-disaster recovery (PDR) provisions of the country’s national disaster law--the Philippines Disaster Risk Reduction Act of 2010 (PDRRMA).
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The numerous real-estate laws and regulations have increased the bureaucratic requirements, cost, and burdens and thus encourage real-estate developers to resort to bribery to shorten the process. This tedious system makes it vulnerable to corruption with bribe money solicited in exchange for speeding up transactions. This “hidden cost” is ultimately passed on to end-users in the form of high-priced and/or sub-standard housing products (Valte, 2013, p. 8).
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Ibid.
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Polycentricity is a result of legal pluralism, i.e., using legal sources from different sectors of one legal system (Hanne Petersen & Henrik Zahle eds., 1995). The principle of statutory construction, called Enterpretare et Concordare Leges Legibus Est Optimus Interpretandi Modus, states that every statute must be construed and harmonized with other statutes so as to form a uniform system of jurisprudence. Thus, policy implementers construed and harmonized the post-disaster provisions of the PDRRMA must be construed and harmonized with other statutes on relocation and housing of the urban poor under UDHA of 1992 despite the fact they have different orientations: The former is primarily for disaster victims, whereas the latter is for the forced relocation for victims of demolition or urban poor residing in danger zones. Furthermore, the doctrine of necessary implication states that what is implied in a statute is as much a part thereof as that which is expressed. Every statute is understood by implication to contain all such provision as may be necessary to effectuate to its object and purpose. See: http://aginglawyer.blogspot.com/2012/10/statutory-construction-made-easy-by.html. Socio-legal. Scholars, however, rejected this assumption and believe that use and hamonization of various laws of various sectors within the national legal system can only result in polycentricity and negative unintended consequences.
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Republic Act No. 7279, “An act to provide for a comprehensive and continuing urban development and housing program, establish the mechanism for its implementation, and for other purposes” is available at http://www.chanobles.com/republicactno7279.htm#UOPPRazfgwo.
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The Community Mortgage Program (CMP) is a financing scheme established in 1988 and managed by the Social Housing Finance Corporation (SHFC), a wholly owned subsidiary of the NHMF, that provides long-term mortgage loans to organized informal settler families (ISFs) for land purchase and housing development (Ballesteros, 2015).
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Commission on Audit (COA), Housing Program of the Government, Housing and Urban Development Council, Overall Report (Management Services, Report No.2004–02, Sectoral Performance Audit). Available at: http://www.coa.gov.ph/GWSPA/2004/HP04.asp.
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“[R]efers to the document issued by the Secretary or the regional Executive Director certifying that based on the representations of the proponent and as reviewed and validated by the Environmental Impact Assessment Review Committee (EIARC), the proposed project or undertaking will not cause a significant environmental impact; that the proponent has complied with all the requirements of the Environmental Impact System; and that the proponent is committed to implement its approved Environmental Management Plan in the Environmental Impact Statement or mitigation measures in the Initial Environmental Examination” (DENR ADMINISTRATIVE ORDER NO. 2000–28, Section 2,b). Available http://www.mgb.gov.ph/Files/Policies/DAO%202000-28.pdf.
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A near-city or off-city relocation is usually approximately ≥40 km from the relocatees’ original residence. This implies displacement of families from their current sources of livelihood, school, and other services to which they previously had access (ATDFW Oct 2013 position paper).
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Definition of culture in organization. Available at http://www.zeepedia.com/read.php?the_organization_culture_adjustment_to_cultural_norms_psychological_contracts_organization_development&b=52&c=6.
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References
Ballesteros, M. F. (2000). Land Use Planning in Metro Manila and the Urban Fringe: Implications on Land and Real Estate Market. The PIDS Discussion Paper Series No. 2000–20. http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.202.2710&rep=rep1&type=pdf
Ballesteros, M. F. (2002). Rethinking Institutional Reforms in the Philippine Housing Sector. Philippine Institute for Development Studies (PIDS). Perspective Paper Series No. 11. https://dirp3.pids.gov.ph/ris/books/pidsbk05-ppshousing.pdf
Ballesteros, M. & Egana, J. (2012). Efficiency and effectiveness review of the National Housing Authority (NHA) resettlement program. http://www.dbm.gov.ph/62C97C27-20B5-4CB0-9BD2-8286EDF12907/FinalDownload/DownloadId-802ACD5E5502BED20A5F66A855713/62C97C27-20B5-4CB0-9BD2-8286EDF12907/wp-content/uploads/DBM%20Publications/FPB/ZBB-2012/e.pdf. Accessed March 4, 2015.
Castellani, P. (1992). “Closing Institutions in New York State: Implementation and Management Lessons.” Journal of Policy Analysis and Management, 11(4):593–611.
Congressional Policy and Budget Research Department (CPBRD). (2011). Addressing policy gaps in the land administration system. CPBRD Policy Brief. No. 2011–4. May 2011.
COA Report. (2004). Sectoral Performance Audit Report on the Housing Program of the Government. CYs 2001–2004. http://www.coa.gov.ph/index.php/sectoral-performance-audit/category/244-housing-program-of-the-government?download=701:national-housing-authority-ms-report-no-2004-02a
Deflem, M. (1995). Corruption, law, and justice: A conceptual clarification. Journal of Criminal Justice, 23(3): 243–258.
Drabek, T. E. (1985). Disaster Management: The Human Factor. Emmitsburg, MD: National Emergency Training Center, Federal Agency Management Center.
Emirbayer, M., & Johnson, V. (2008). Bourdieu and organizational analysis. Theory and Society, 37(1), 1–44.
Franco, E. A. (1986). Pinoy Management. Metro Manila: National Bookstore.
Hollnsteiner, M. (1960). The Dynamics of Power in a Philippine Municipality. Community Development Research Council: University of the Philippines.
Hollsteiner, M. R. (1973). Reciprocity in the Lowland Philippines. In F. Lynch & A. de Guzman II (Eds.), Four readings on Philippines values (pp. 69–91). Quezon City: Ateneo de Manila Institute of Philippine Culture.
IFRC. (2015). Impact of the regulatory barriers to providing emergency and transitional shelter after a disaster: Country case study: Haiti. http://www.ifrc.org/PageFile.
Moore, S. F. (1973). Law and social Change: The Semi-autonomous social field as an appropriate subject of study. Law and Society, 7, 719–746. http://keur.eldoc.ub.rug.nl/FILES/Wetenschapterschapters/2/730/730. Accessed February 10, 2013.
Normare, A., & Erbe, N. (Eds.). (2014). Collective efficacy: Interdisciplinary perspectives on international leadership. United Kingdom: Emerald Group Publishing Limited.
Pepinsky, H. (1978). Discretion and Crime Legislation. In M. Evans (ed). Discretion and Control. London: Sage.
Quarantelli, E. L. (1988). Diaster crisis management: A summary of research findings. Journal of Management Studies, 25: 373–385. doi: 10.1111/j.1467-6486.1988.tb00043.x
Quarantelli, E. L. (2000). Disaster research. In: Borgatta HEF and Montgomery RJV (eds) Encyclopedia of Sociology, 2nd edn. New York: Macmillan, 681–688.
Smart, C. (1986). Feminism and the Power of Law. London: Sage Publication.
Tamanaha, B. (2007). Understanding legal pluralism: The past to present, local to global. Sydney Law Review, 29. St. John’s Legal Studies Research Paper No. 07-0080. Available at SSRN: http://ssrn.com/abstract=1010105
Valte, M. (2013). A House for Every Filipino: A Pipe Dream in the Land of Promises? http://www.ombudsman.gov.ph/UNDP4/wp-content/uploads/…/Chap6.pdf
World Bank Group (2014). Doing Business Economy Profile 2015: Philippines. Washington, DC: World Bank. https://openknowledge.worldbank.org/handle/10986/21179. License: CC BY 3.0 IGO.
World Bank Group (2016). Doing Business 2016: Measuring Regulatory Quality and Efficiency. Washington, DC: World Bank. http://www.doingbusiness.org/~/media/WBG/DoingBusiness/Documents/Annual-Reports/English/DB16-Full-Report.pdf
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Ballano, V.O. (2017). Normative Pluralism in Philippine Housing and Relocation System. In: Law, Normative Pluralism, and Post-Disaster Recovery. Springer, Singapore. https://doi.org/10.1007/978-981-10-5074-9_4
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