RECCIVED
pare, 24 AUG 2016
SEVENTEENTH CONGRESS OF THE REPUBLIC ui — aa
OF THE PHILIPPINES eee
First Regular Session By:

HOUSE OF REPRESENTATIVES®E®'S
HBNo._ 8269] Bis 4.

Introduced by Representative Harry L. Roque Jr.

PROVIDING FOR A MANDATORY PERIODS! RELOCATE SQUATTERS, GRANTING
DISTURBANCE FEES TO OWNERS OF ILLEGALLY OCCUPIED RESIDENTIAL LAND
EXPLANATORY NOTE.

The severe lack of affordable housing in the Philippines greatly contributed to the
proliferation of squatters in the urban areas, particularly in Metro Manila. The squatting problem
was considered one of our major problems that the Marcos regime issued Presidential Decree
No. 772, which made squatting unlawful. However, notwithstanding the existence of the Anti-
Squatting Law, the problem on squatting ‘continued. It is thus quite perplexing that even before
giving protection to the legitimate landowners, Republic Act No. 7279, otherwise known as the
Urban Development and Housing Act of 1992, was passed discouraging the eviction and
demolition of illegal dwellings. R.A.No. 7279 also mandates the local government units, in
coordination with national housing agencies. to provide squatters adequate relocation and
financial assistance should relocation not be possible within a specific period. It also prohibits
the construction of illegal dwellings but this provision would simply become awriting on the wall
because Republic Act No. 8386 decriminalized squatting giving formidable strength to squatters’

rights,


The noble objectives of these social legislations are primarily to protect the rights of the
underprivileged and homeless citizens but no protection has been granted to legitimate land
titleholders, The issue of relocating or resettling the squatters has become a dilemma either due
to inadequacy of funds or relocation sites, or plain lack of political will on the part of the

government officials concerned,

This bill seeks to provide a mandatory period in the relocation of squatters. It also seeks
to compensate the landowners in case of failure of the local government unit concerned to act on
the request for assistance to evict illegal occupants within the prescribed period. The foremost
intention of this measure is to provide equal protection to the squatters and to the landowners.
measure will not only give full meaning to the noble objectives of R.A. No. 7279 but will also
minimize, if not totally eliminate squatting because local government units will be compelled to
monitor vacant lands to prevent trespassers from constructing illegal structures within their
respective localities. This is a Senate counterpart bill to one filed in the House of Representatives

by Rep. Emilio C. Macias IL.

hil

HARRY L, ROQUE JR.

" This bill was originally filed during the FiRteenth Congress, First Regular Session, and refiled by Senator
Miriam Defensor Santiago during the Sixteenth Congress, Third Regular Session

2:


RONe

SEVENTEENTH CONGRESS OF THE REPUBLIC. )
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.BNOo.

Introduced by Representative Harry L. Roque Jr.

AN ACT
PROVIDING FOR A MANDATORY PERIOD TO RELOCATE SQUATTERS, GRANTING
DISTURBANCE FEES TO OWNERS OF ILLEGALLY OCCUPIED RESIDENTIAL LAND,

AND PENALIZING VIOLATIONS THEREOF
Be it enacted by the Senate and the House of Represematives of the Philippines. in
Congress assembled:

SECTION I. Short Title. ~This Act shall be known as the "Landowners Protection Act."

SECTION 2. Declaration of Policy. - It is hereby declared to be the policy of the State to
afford protection and to promote full respect for property rights of every citizen to ensure

optimum utilization of one's property free from any obstacle

SECTION 3. Definition of Squatter. - As used in this Act, the term "squatter" shall refer

to any person who occupies residential land without the consent of the landowner.

SECTION 4. Relocation; Disturbance Fee. - The local government unit shall, in
coordination with the Housing and Urban Coordinating Council and the National Housing
Authority, be responsible for the relocation of squatters within six months from receipt of the
written request for assistance to evict squatters from the landowner, Provided, however, that,
should relocation not be effected, the local government unit concerned shall pay the landowner a

disturbance fee equivalent to the tax due of the illegally occupied land until the squatters have
1


been relocated; Provided, further, that, payment of the disturbance fee shall commence one (1)

year after the prescribed period to relocate had lapsed.

SECTION 5. Fines and Penalties. - Any person found guilty of violating any provision of
this Act shall suffer the penalty of imprisonment not more than three years or a fine of Fifty
Thousand Pesos (P50,000.00), or both, at the discretion of the court. The Chief Executive and
Punong Barangay, who fail to prevent the construction of any kind of illegal dwelling unit or
structure in privately owned residential land within their jurisdiction shall face suspension for a

period of six months and penal sanctions provided under this Section

SECTION 6. Implementing Rules and Regulations. - The Department of Interior and
Local Government, in coordination with the National Housing Authority, shall issue the

implementing rules and regulations within sixty (60) days upon approval of this Act.

SECTION 7. Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the same shall not affect the validity and effectivity of the other provisions

hereof.

SECTION 8. Repealing Clause. — All laws, decrees, orders, and issuances, or portions
thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended or

modified accordingly.

SECTION 9. Effectivity Clause. —This Act shall take effect fifteen (15) days afier its

publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,