Republie of the Philippines
HOUSE OF REPRESENT ATIV
Quezon City, Metro Manila

Seventeenth Congress
First Regular Session

HOUSE BILL NO. 42.17

M. BATOCAB

Introduced by: Hon. ROD! and

Explanatory Note

The right to adequate housing is a human right, Article 1. Paragraph 1 of the Inten
Covenant on Economic, Social his (ICESCR) includes housing inthe
components of the right to an adequ d of living:

“The States Parties to the present Covenant recognize the right of everyone to an
adequate standard of living for himself uuding adequate food,
clothing and housing. and to the continuous improvement of living conditions.”

Asa signatory to this Covenant. the Philippine government has the obligation to fully realize the
right to adequate housing and, at the m
Within its available re:

jum. show that it is making every possible etlort

zhi

ources. to better protect and promote this ri

Commined to the bigger challenges of the Su
integrate the social. economic and environmental a
contribute to the Susta
requirements are to ensure
public transport, creating green public spaces. and improvi

inable Development Goals (SDGs) whieh
ida the Philippine government must
able Development Goal 11 indicators. where invesunem and financing
nd affordable housing with an inclusive approach to
dan planning and manag

CESS LO SA

ement

In adherence to Sendai Framework -successor instrument to the Hyogo Framework for Action +
ding re:
reduction to housing and human settlements stressin

the government should also focus on by ace and promoting participatory disuster tisk

hat bot communities and loval authorities

should be empowered to manage and reduce disaster risk by having aceess 10 the necessary
information. resources. and authority to implement.

Since the typhoon Yolanda devastated the Vis
the target 205.128 permanent houses had been

as region. only 16.344 or less than 10 per
constructed by the Nationa! Housing Authority

The significant delay in the delivery of emergency housing assistance for survivors was
attributed to a host of problems including gaps and inconsistencies in the policies of local and
national governments and poor coordination between implementing agencies tasked to
implement rehabilitation and resettle da affected areas,

entot

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This bill seeks to resolve the absence ofa responsive land use plan in many disaster ~ risk areas.
which should integrate risk analysis of natural hazards. and bottlenecks in identifying and
acquiting land appropriate for resettlement of residents living in unsafe zones. The proposed
measure mandates the state to undertake, in cooperation with the private sector. a comprehensive
and continuing Resilient Housing and Human Settlements Program, which shall lay out a clear
and concrete plan to ensure that Filipinos who will experience disasters will be quickly
rehabilitated in safe, secure and sustainable housing. with attendant basic services and access to
livelihood, This bill is part of the legislative agenda of the Philippine Legislators” Committee on
Population and Development Foundation.

agerly sought.

VB. BAGUILAT
Representative
Cone District, Itagao

Reflresentative
Ako Bicol Pary List

pasez,


teenth Ciaaieit
First Regular S

BILL NO. 4217

Introduced by: Hon, RODEL TEDDY BRAWNER BAGUILAT

AN ACT INSTITUTING A NATIONAL COMPREHENSIVE FRAMEWORK ON
RESILIENT HOUSING AND HUMAN SETTLEMENTS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled.

SEC. 1. Short Title — This Act shall be known as the “Resi
Settlements Act of 2016."

Housing and Human

SEC. 2. Declaration of Principles and State Policies — Pursuant 10 Article 2, Sections 5
and 11 of the Philippine Constitution which states that the maintenance of peace and order.
the protection of life. liberty, and property. and the promotion of the general welfare are
essential for the enjoyment by all the people of the blessings of democracy: the State values
the dignity of every human person and guarantees full respect for human rights.

To protect. promote, and f sa component of the peaple’s
1 to an adequate standard of livi yitant with the goal of enhancing the
re asters—the State shall undertake. in cooperation with the
private sector, a comprehensive and continuing Resilient Housing and Human Settlements
Program. which shall. among other things. lay out a clear and conerete plan 0 ensure that
Filipinos who will experience disasters will be quickly rehabilitated in safe, secure. and
sustainable housing. with attendant basic services and access to livelihood.

As a state party to United Nations International Covenant on the Eeonomie, Social and
Cultural Rights (ICESCR) and the UN Sustainable Development Goals. we will pursue
Sustainable Development Goal 11 and the Rights-Based Approach to ensure the right of
everyone 10 an adequate standard of living, including adequate privacy. adequate: space.
adequate security. adequate. lighti adequate basic infrastructure and
adequate location with regard to work and basic fae all at a reasonable cost

right of the people and
their organizations to effective and reasonable participation at all levels of social, political.
and economie decision~ shall not be abridged. The State shall. by law, facilitate the

establishment of adequate consultation mechanisms.


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IL is the policy of the State to complement and supplement the provisions of the Philippine
Disaster Risk Reduction and Management Act of 2010 (Republic Act No. 10121). and in
consonance with the Climate Change Act of 2009 (as amended by Republic Act No, 10174)
and other existing laws related to cli nge adaptation and DRRM in relation to
upholding the people’s constitutional rights to life and property’ by addressing the root causes
of vulnerabilities to disasters and building the resilience of local communities to climate
change impacts; and in terms of mainstreaming climate change adaptation in development
processes such as policy formulation, bud) and governance particularly with respect to
housing and land use, it is hereby declared the policy of the State to work for the attainment
of a more inclusive, sate, resilient, and sustainable human settlements.

Towards this end, the government shall pursue a comprehensive, rights-based. gender=
responsive, participatory and sustainable approach to resilient human settlements.

This Act d les:

ares the following,

guiding pr

a) The Right to Adequate Housing according to the ICESCR covers the following

elements: accessibility: affordability: habitability: security of tenure: cultural

+ Suitability of locatio stich as health

on: and respect for safety standards aimed at reducing damage in cases of
ters:

access to essential service:

b) The State bears the primary responsibility for protecting the people, infrastructure,
and other national assets from the impact of disasters and will mobilize adequate and
make efficient use of existing resources. including financial, scientific, and
technological means in nurtuti

¢) The fulfillment of resilient human settlements requires that responsibilities shall be
shared by the national and loca its and relevant national authorities,
sectors. stakeholders and commu portance of convergence of
resources and involvement of various stakeholders to the development and
strengthening of institutions, mechanism ties at all levels. in particular at
the community level that can systematically contribute to building resiliency in the
overall context of sustainable development and resilient human settlements:

4) Ensure accountability and transpareney of all sectors 10 monitor and evaluate
programs and initiatives for resilient housing and human settlements: and

e) Uphold gender equity and equality, cultural diversity and the rights of vulnerable
groups such as children, elderly and. people with disabilities when planning for
resilient and sustainable settlements development.

SEC. 3. General Objectives ~ This Act seeks

(a) Provide a framework tor resilient housing and human settlements:

(b) Guide various stakeholders to take well-planned, converted, tr
livable, sate. resilient. sustainable, and pro-poor housing. init
possible manner:

parent, inclusive,
ives in the best

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(c) Strengthen the participation of all sectors especially the communities and the civil
society organizations in the planning of resilient housing and human settlements:

(d) Build synergy, convergence and integration of housing-related and livelihood
intervention for the attainment of resilient and sustainable human settlements

(e) Foster policy and program coherence related to poverty alleviation, income generation
and employment, and delivery channels to achieve the overall objective of housing for
all and the attainment of resilient and sustainable development af human settlements

(Support innovation. and research and development into new. indigenous. low-cost for
resilient and sustainable human settlements

SI

4. Definition of Terms ~ As used ii

this Act. the following terms shall mean:

(a) Adequate housing ~ detined as that which affords its occupants the following
conditions:

i) legal secur
harassment

of tenure, including protection against forced evictions,

\d other threats:

ii) available services, materials, facilities and infrastructure (access tw water:

energy for cooking. heating. and lighting: sanitation and washing facilities

food storage: and waste disposal [solid. septage and sewerage):

communication and information: sufficient road networks especially for

emergencies, ete.);

affordable housing costs and financing options such that the attainment of

other basic needs is not threatened:

iv) habitability in the sense of adequate spaces. security, physical safety
protection trom cold. damp, heat, rain, wind. structu
vectors:

¥) — suflicient accessibility that disadvantaged or vulnerable groups such as
persons with disabilities. elderly. children and women are not left without
shelter appropriate to their particular needs:

vi) a physical location allowing proximate

and

hazards. and disease

'sS to employment and livelihood

options. health care services. schools. child-care centers. and other social
{acilities and avoiding risks trom pollution soures
vii) available, resilient, and environmentally-triendly a

nd appropriate construction

materials, settlements design and process with respect to the expression of

cultural and re!
compliance
from future disasters.

‘ation:

ious identity and geographical lo

ince standards aimed at minimizing damage

yeluddes roads.
1 with

(bj Adequate open spaces ~
persons with disabilit
recreation tacilities

green spaces. and areas for
iecess to materials recovery ancl

andscapes which
s. elderly. childre

(©) Climate-resitient housing ~ be 1 is equipped and structurally-designed to
resist, absord and accommodate the effets of climate hazards like heat waves.
extreme weather variabilities without significant changes to its basic functions.

(d) Comprehensive Resilient Housing Program for Disaster Survivors — sefers Wo the
delivery of resources and activities in the rehabilitation and reconstruction of

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damaged and destroyed housing and development of other new permanent housing
options for persons and families affected by disasters. ‘The program shall. follow
humanitarian standards for survivors” protection and rights to adequate housing
through the provision of safe, habitable ei and transitional shelter during
displacement and permanent housing that meets the basic standards of adequacy and
decency. It shall provide a comprehensive. multi-sectoral. inter-agency. and
community-based approach to post-disaster housing rehabilitation, reconstruction, and
recovery.

ality refers to the principle asserting the
equality of men and women and their right 10 enjoy equal conditions realizing their
full human potentials to contribute to and benefit from the results of development, andl
with the State recognizing that all human beings are free and equal in dignity and
rights, Gender equity refers to the policies. instruments. programs. services. and
actions that address the disadvantaged position of women in society by providing
preferential treatment a Such temporary special measures aimed
at accelerating de facto equality between men and women shall not be considered
iscriminatory but shall in no way entail as a consequence the maintenance of unequal
or separate standards.

(9

Gender equity and equality: Gender ea

integrative model embrac

(DP Human setiemenis ~ the interdependence of man’s
environment, human shelters and structures. and the desig
communities consistent with a national framework plan that provides support and
access to education, health, culture. welfare, recreation and nutrition services. all for
the people’s security and well-bei

and organization of

(g) Land-Use Planning — the process undertaken by national and local government
authorities, communities, private sector, and civil society to identify, evaluate. and
decide on different options . including consideration of long
economic, social and environmental objectives and the implications for different
communities and interest group. and the subsequent formulation and promulgation of
plans that describe the permitted or acceptable uses.

the use of I lem

(h) Local leadership ~ refers to local governments and local indigenous organizations in a
certain commun

(i) People’s Plan = a resettlement option and community development pki

formulated by peoples’ organizations. with or without the support of NGOs, LGUs,
nd CSO. The plan shall include non-physical development components such
lp housing cooperative. livelihood. self-help development, and capability

(iy Post-Disaster. Recovery ~ the restor
ties, livelihood, and living condi
efforts to reduce disaster risk factors and enh
principles of “build back better.” as det
Philippine Disaster Risk Reduction and Manag

ion and improvement where appropriate, vl
on of disuster-altected communities, including
g resiliency, in accordance with the
val in Republic Act No. 10121 or the
sement Act of 2010.

community or society exposed to hazards to
ansform to an acceptable level of functioning and
ned by the de:

(i) Resilience — the
resist, adapt, recover
structure. This is determ

ree to which the system is capable of

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organising itself to increase this capa
protection, to improve risk reduction measures
sharing of risk.

rom experience for better future
nd to ensure the more equitable

(&) Resilient housing ~ refers to the capacity of the structure and design of buildings.
landscapes. communities. and regions to respond to natural and manmade disasters
and disturbances—as well as long-term changes resulting from climate change

\cluding sea level rise, increased frequency of heat waves. and regional drought,

() Resilient human settlement - rel

r5 {0 the capacity of human settlements to withstand
and (0 recover quickly from any plausible hazards. Res ise not only
refers to reducing risks and damage from disasters (i.c. loss of lives and assets), but
also the ability to quickly bounce back to a stable state which shall address: the
concerns of adaptation to elim the wider community

SEC. 5. National Framework for Resilient Housing and Hunan Settlements. ~ This National
Framework for Resilient Housing and Human Settle
Framework) shall serve as the basis for st and mechanisms for resilient
housing and human settlements. plam rch and development. monitoring and
evaluation of programs, projects. and activities to protect vulnerable communities from the
adverse effects of climate change and disasters.

ents (hereinalier referred to as the

ndards. measu

rese:

‘The Framework describes how the State. he:

relevant stakeholders should work together to a

jeve adequate and resilient housing for all,
ny frequency of disasters and climate
change: and chart the new direction that our national and local housing programs and efforts
must take in order to make human settlements and communities more inclusive. safe.
resilient, and sustainable.

The Framework shall include. but not limited to, the followin:

components:

a) National Resilient Housing and Human Settlements Agenda, which shall be inlormed
by the threats, hazards, and vulnerabilities as already identitied by relevant agencies
such as DOST and DENR and other stakeholders and the long-term Philippine
Development Plan, shall strengthen the Na Shelter Program: adaptation needs
and requirements: risk and resiliency assessment for the Philippine housing sector:

b) An. integrated database system on available land for housing, -multichazard
vulnerability ate models. and other relevant information tor planning
and informed decision making:

‘organization policy formulation — processes. and
implementation that puts premium to local leadershi arly define roles and
responsibilities of government authorities. private sectors. civil society and people's
organization including foreig ft
sustainable response:

d) Convene a panel of multidisciplinary technical experts to help the government update
the current guidelines and standards on housing. propose and develop new
indigenous. ns and strategies for resilient housing and
human settlements:

sessment. cli

lent and

aid institutions to ensure timely

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€) Create a multi-sectoral team of behavior change experts to implement an advocacy
and information campaign to promote resilient housing and human settlements
designs and strategivs in partnership with the local government units, private sectors,
people's organizations and other relevant stakeholders such as media. ete.

£) Strengthen local government units’ capaci nplement the Local Shelter Plan with
the national government agencies’ adequate support through their housing and
financing programs and subsidies by providing incentives and rewards: and

g) Formulate a guideline on post disaster shelter assistance which shall be the basis for
assisting individuals and families in disaster-att ras to attend to their basic
needs and support their speedy recovery in compliance with humanitarian standards

nd their rights to adequate housing through the provision of sale.

ional shelter during displacement and permanent

dards of adequacy and decency.

to

for their protection
habitable emergency
housing that meets the

Within six (6) months from the effectivity of this Act, the Housing and Urban and
Development Coordinating Council (HUDCC}——in coordination and partnership with
National Economic and Development Authority (NEDA): Housing and Land Use Regulatory
Board (HLURB); National Housing Authority (NHA): Climate Change Commission (CCC) :
Office of Civil Defense (OCD): Government Insurance Service System (GSIS) : Department
of Social Welfare and Development (DSWD): Department of Science and Technology
(DOST); Department of Environment and Natural Resources (DENR}: Department of Public
Works and Highways (DPWH): Department of Labor and Employment (DOLE): Departmen.
of Trade and Industry (DTI): Department of Budget and Management (DBM): Department of
Interior and Local Government (DILG); Department of Foreign Aflairs (DFA): Commission
on Audit (COA); Office of Presidential Adviser on Peace Process (OPAPP); National
Commission on Indigenous Peoples (NCIP): National Anti-Poverty Commission (NAPC):
Insurance Commission (IC): Union of Local Authorities of the Philippines (ULAP}: built
environment and disaster-resilient housing design experts: academe: civil society:
communities and other concerned public and private entities shall formulate a National
Resilient Housing and Human Settlement Action Plan to develop policies, programs, and
activities, ensuring the government’s accountability to provide Mexible and appropriate
planning information needed for identifying assets. resources. and stakeholders and promote
resilient housing and human settlements.

. 6. Monitoring of Compliance with this Act, ~ WUDCC shall take the lead to
periodically monitor the compliance with this Act. Other agencies will participate in the
monitoring such as attached agencies of HUDCC: DILG: Office of Civil Defense: NEDA:
and CCC. There shall be a mechanism for civil society to participate in the monitoring
proc

SEC. 7. Joint Congressional Oversight Comminee ~ There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act. ‘The
Oversight Committee shall be composed of five (5) Senators and five (5) Representatives
be appointed by the Senate President and the Speaker of the House of Representatives
respectively. The Oversight Committee shall be

haired by a Senator and a Representative

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to be designated by the Senate President and the speaker of the House of Representatives,
respectively. Its funding requirement shall be charged against the appropriations of Congress.

SEC. 8. -mual Report ~ HUDCC shall submit to the President, Senate President and
House Speaker not later than March 30 of every year following the effectivity of this Act, of
upon the request of the Congressional Oversight Committee. a report giving a detailed
account of the status of the implementation of this Act. a progress report on the
implementation of the jent Housing and Human Settlements Action Plan,
policy gaps, and recommended legislation, where applicable and necessary. LGUs shall
submit annual progress on the implementation of their respective local action plan to
HUDCC within the first quarter of the following y

SEC. 9. Appropriations ~The amount necessary for the initial implementation of this,
Act shall be charged against the current appropriation of HUDCC. Thereafter, the amount
needed for the continued implementation of this Act shall be included in the annual General
Appropriations Act,

SEC. 10. fuplementing Rules and Regulations. ~ Within ninety (90) days Irom the
effectivity of this Act, the [key shelter agencies] shall, upon consultation and coordination
with the per 1 government a ss. LGUs. private sector, NGOs. POs. build
environment expert and professionals. promulgate the necessary rules and regulations for the
effective implementation of this Act: Provided. That failure to issue rules and regulations
shall not in &ny manner affect the executory nature of the provisions of this Act.

SEC. 11. Separability Clause ~ Wf. for any reason. any provision or part of this Act is
declared invalid or unconstitutional. the remaining parts or provisions not allected thereby
shall remain in full forve and effect,

SEC. 12. Repeating Clause — All laws. executive orders, presidential decrees,
ulations or parts thereof inconsistent with any provision of this Act

issuances, rules and reg
are hereby moditied, amended, or repealed accordingly

fake effect fifte
ral circulation.

SEC. 13. Effectivity. ~ This Act shall
in the Official Gazette or in a newspaper of ge

n (15) days aller its publication

Approved,

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