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NINETEENTH CONGRESS OF THE ] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
SENATE
S.B. No. 820
*22 JUL 25 All 37
RECEIVED BY:
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROVIDING FOR A MORATORIUM ON RENTAL PAYMENT AND EVICTION 
DURING DISASTERS AND OTHER EMERGENCIES
EXPLANATORY NOTE
The COVID-19 pandemic has not only pushed our fellow Filipinos to financial 
hardships, but also exacerbated and fully opened our eyes on the looming housing 
crisis in the country. Eviction in informal settler communities have been Increasing, 
even during the height of quarantine restrictions due to the COVID-19 pandemic, 
thereby, putting at a higher risk the health of informal settler families who may not be 
able to find shelters for themselves.
For years, ordinary Filipinos have struggled with severe lack of affordable 
housing, weak tenant protections, limited social or public housing, and inadequate 
housing, especially during the pandemic. The Open Society Foundations find that 
globally, "abusive mortgage lending practices and the failure to regulate the 
financializatlon of housing have consolidated a system that reproduces housing 
precariousness and homelessness".1 According to the Commission on Fluman Rights, 
this highlights the gaps in the State's protection of the Filipino's right to housing which
1 "Protecting the Right to Housing during the COVID-19 crisis" by Open Society Foundations;
https://www.justiceinitiative.org/publications/protecting-the-right-to-housing-during-the-covid-19-
crisis


is evident in the rising homelessness and informal settlements in both urban and rural 
areas, and in the growing impoverished population in the Philippines.2
Accordingly, the bill aims to protect poor Filipino families from adverse effects 
and cushion the impact of disasters and other emergencies through moratorium on 
rental payment for 30 days from the termination of the state of calamity, and 
moratorium on eviction for the same period, since leaving them with no place to stay 
makes them more vulnerable. This would allow them to cope with the economic effects 
of the disasters and emergencies.
In view of the foregoing, the passage of this measure earnestly sought.
ALIAN
2 https://chr.gov.ph/statement-of-chr-spokesperson-atty-jacqueline-ann-de-guia-on-the-proposed-
senate-bill-imposing-a-moratorium-on-rental-payments-and-evictions-during-emergencies-and-
calamities/


mM
o( t!)e ^.r(vrtiUT
NINETEENTH CONGRESS OF THE ] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
S.B. No.
SENATE
820
72 JllL 25 A11 38
RECEIVED BY;
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROVIDING FOR A MORATORIUM ON RENTAL PAYMENT AND EVICTION 
DURING DISASTERS AND OTHER EMERGENCIES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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SECTION 1. Short Title. — This Act shall be known as "Rental Payment and 
Eviction Moratorium during Disasters and Emergencies Act."
SEC. 2. Declaration of Policy. — In the interest of promoting the common good 
and the general welfare, it is hereby declared the policy of the State to provide 
adequate relief and protection to those suffering from the ravages of calamities and 
other emergency situations.
SEC. 3. Definition of Terms. — For purposes of this Act, these terms are defined 
as follows:
a. "Disaster" refers to a serious disruption of the functioning of a community or 
a society involving widespread human, material, economic or environmental losses 
and impacts, which exceeds the ability of the affected community or society to cope


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using its own resources. Disasters are often described as a result of the combination
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of: the exposure to a hazard; the conditions of vulnerability that are present; and
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insufficient capacity or measures to reduce or cope with the potential negative
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consequences. Disaster impacts may include loss of life, injury, disease and other
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negative effects on human, physical, mental and social well-being, together with
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damage to property, destruction of assets, loss of services, social and economic
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disruption and environmental degradation;
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b. "Emergency" refers to unforeseen or sudden occurrence, especially danger,
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demanding immediate action;
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c. "State of Calamity" refers to a condition involving mass casualty and/or major
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damages to property, disruption of means of livelihoods, roads and normal way of life
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of people in the affected areas as a result of the occurrence of natural or human-
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induced hazard.
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d. "Rent" refers to the amount paid for the use or occupancy of a residential
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unit whether payment is made on a monthly or other basis.
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e. "Residential unit" refers to an apartment, house and/or land on which
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another's dwelling is located and used for residential purposes and shall include not
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only building houses, dormitories, rooms and bedspaces offered for rent by their
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owners, except motels, motel rooms, hotels, hotel rooms, but also those used for
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home industries, retail stores or other business purposes if the ov/ner thereof and his
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or her family actually live therein and use it principally for dwelling purposes.
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f. "Lessee" refers to a person renting a residential unit.
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g. "Owner/Lessor" refers to the owner or administrator or agent of the owner
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of the residential unit.
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h. "Sublessor" refers to the person who leases or rents cut a residential unit
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leased to him by an owner.
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i. "Sublessee" refers to the person who holds a lease which was given to
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another person for all or part of a property.


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SEC. 4. Scope of Application. — This Act shall cover disasters and other kinds 
of emergencies which are (1) national in scope, as stated in the Declaration of a State 
of Calamity or State of National Emergency by the President of the Philippines, and 
(2) provincial, city or municipal in scope, as declared through a State of Calamity or 
Emergency by the appropriate local government unit.
SEC. 5. Moratorium on Rental Payments. —There shall be a moratorium on the 
enforcement of payment of all fees, charges, and costs relating to the rental of 
residential units, whether in a lease or sublease arrangement and whether reduced in 
a written form or not, for the duration of the State of Calamity or Emergency 
mentioned in Section 4 of this Act and for thirty (30) days from th<- termination of said 
State of Calamity or Emergency: Provided/ that if the covered period exceeds a total 
of sixty (60) days, the payment of the deferred fees, charges and costs shall be spread 
out for a six-month period of equal installments; Provided further. That no penalties 
or interests shall be collected on the payments by virtue of this Act.
The benefit of this moratorium on rental payment may be applied to commercial 
or office space rental of Micro, Small and Medium Enterprises (MSMEs) as defined in 
Republic Act (RA) No. 9501, as amended, otherwise known as the "Magna Carta for 
MSMEs", at the discretion of the Secretary of the Department of Trade and Industry 
(DTI), taking into consideration the fact of closure/shutting down of businesses, 
community quarantine orders, or any other circumstance that may hamper their 
operations.
Nothing In this Act shall prevent the contractual parties from mutually agreeing 
on other forms of payment relief or assistance, or from voluntarily waiving the benefit 
of the moratorium on rental payments.
SEC. 6. Moratorium on Eviction. — During the same period stated in Section 5 
of this Act, the lessor, sublessor or owner of a residential unit may not make, or cause 
to be made, any eviction or similar legal proceeding to recover possession of the 
residential unit from the lessee/sublessee regardless of cause, except when a


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lessee/sublessee perpetrates a criminal act that threatens the life, limb and property 
of the lessor, sublessor or owner, or his/her immediate family, other tenants or staff 
of the property in which the residential unit is located.
The benefit of this moratorium on eviction may be applied to commercial or 
office space rental of MSMEs as defined in RA 9501, as amended, at the discretion of 
the Secretary of the Department of Trade and Industry (DTI), taking into consideration 
the fact of closure/shutting down of businesses, community quarantine orders, or any 
other circumstance that may hamper their operations.
SEC. 7. Implementing Rules and Regulations. — Within sixty (60) days from 
the effectivity of this Act, the DTI and the Department of Human Settlements and 
Urban Development, in consultation with other relevant government agencies and 
stakeholders, shall Issue the necessary rules and regulations to implement the 
provisions of this Act.
SEC. 8. Repealing Clause. — All laws, presidential decrees, executive orders, 
proclamations, rules and regulations, or any part thereof, which are Inconsistent with 
the provisions of this Act are hereby repealed or modified accordingly.
SEC, 9. Separability Clause. — If any provision or part of this Act, or the 
application thereof to any person or circumstance, is held unconstitutional or invalid, 
the remainder of this Act shall not be affected thereby.
SEC. 10. Effectivity. — This Act shall take effect fifteen (15) days from its 
publication in the Official Gazette or in at least two (2) newspapers of general 
circulation.
Approved,