Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINE! H CONGRESS
‘Third Regular Session

HousE BLN. _11131

Introduced by
AKBAYAN Representative Percival Cendafia

PRESCRIBING A JUST AND HUMANE CODE OF CONDUCT FOR THE,
RESETTLEMENT OF UNDERPRIVILEGED AND HOMELESS CITIZENS,
PROVIDING PENALTIES FOR VIOLATION THEREOF,

AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

Part of the objectives of enacting Republic Act No. 7279 or the Urban
Development and Housing Act of 1992 (UDHA) was the provision of secure, safe,
adequate, decent, and affordable housing for the urban poor, especially for informal
settler families (ISFs). Although the UDHA intended to limit the displacement of the
urban poor and provide safeguards in cases of resettlement, experiences of ISFs over the
years show a distortion in the implementation of the existing framework to circumvent
the requirements under the law.

In 2008, the United Nations Committee on Economic, Social, and Cultural Rights
(UN CESCR) expressed its deep concern for the large-scale forced evictions of urban
families:

“The Committee regrets that most of its previous recommendations relating

to the prevention of illegal forced evictions (E/C.12/1995/7, paras. 31 and

32) have not been acted upon by the State party, and remains deeply

concerned about the large- scale forced eviction of urban families carried

out for the purpose of urban renewal and beautification, which has

reportedly affected over 1.2 million people in the period between 1995 and

2008. It is also concerned about the lack of effective consultation of, and

legal redress for, persons affected by forced evictions, and the inadequate

measures to provide sufficient compensation or adequate relocation sites to

families who have been forcibly removed from their properties.

" United Nations Committee on Economic, Social, and Cultural Rights (UN CESCR), Consideration of reports
‘submitted by States parties under articles 16 and 17 of the Covenant [on Economic. Social and Cultural Rights):
‘concluding observations of the Committee on Economic, Social and Cultural Rights: Philippines, 9 (2008), UN
OHCHR WEBSITE, available at https:/www2.ohchr.org/english/bodies/cescr/docs/E.C.12.PHL.CO.4_EN. pdf


Eight years later, the UN CESCR urged the Philippines to amend the UDHA and
adopt a legal framework “to be followed in the case of evictions in line with international
standards[ J?

Over three decades have passed since the enactment of the UDHA, yet there is
still no legal framework for housing and resettlement that adequately addresses the needs
of ISFs and the urban poor that is consistent with our constitutional mandates and core
international instruments.

The proposed bill secks to address the gaps in the UDHA by: a) strictly prohibiting
unjust evictions of ISFs and demolitions of the structures they live in; b) imposing
additional requirements before, during, and after any eviction or demolition of ISFs, such
as social preparation, adequate resettlement, spaces for children to play and interact in
relocation sites, and adequate and genuine consultation; and c) designating the Presidential
Commission for the Urban Poor (PCUP) as the central coordinating body and clearing
house for evictions and demolitions.

‘The ISFs and the urban poor have experienced many of the worst injustices in
our country. At the center of these injustices are children who are forcibly displaced from
their homes and suffer abusive and inhumane practices in the conduct of eviction and
demolition. No less than Section 10 of Article III of the Constitution mandates that
“{ulrban or rural poor dwellers shall not be evicted nor their dwelling demolished, except
in accordance with law and in a just and humane manner.”

In light of the foregoing, the immediate passage of this measure is earnestly
sought.

L.
bob

YAN Representative

2 United Nations Committee on Economic, Social, and Cultural Rights (UN CESCR), Concluding observations on
the combined fifth and sixth periodic reports of the Philippines, \\ (2016), UN OHCHR WEBSITE, available at
‘hups://docstore.ohchr.ore/SelfServices/Files Handler.ashx?enc=4sIQ6QSmIBEDzF EovLCuWObd4 PxDiLozuMb12

Bx8ShindcA99xuuc4alkFrZKI962FRRIDOSUBS)GVASUz2X8uc%42FOG55f2K NKJO6qj2046%2BUh7%2BGPdcE Caf
k2zDal 16HD%2FK


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
Third Regular Session

House Bit No. 11131

Introduced by

AN ACT
PRESCRIBING A JUST AND HUMANE CODE OF CONDUCT FOR THE.
RESETTLEMENT OF UNDERPRIVILEGED AND HOMELESS CITIZENS,
PROVIDING PENALTIES FOR VIOLATION THEREOF,
AND APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. — This Act shall be known as the “Just and Humane

Resettlement Act.”

Sec. 2, Declaration of Policy. ~ Pursuant to Section 9, Article XIII of the
Constitution, the State shall ensure that underprivileged and homeless citizens have access

to adequate, safe, secure, habitable, sustainable, resilient and affordable housing.

Pursuant to Section 10, Article XIII and Section 10, Article II of the Constitution, the
State shall neither evict nor demolish informal settler families, except in accordance with
law and in a just and humane manner, and shall promote social justice in all phases of

national development

‘The State shall, by law and for the common good, undertake, in cooperation with the
private sector, a continuing program of housing and urban development which shall make
available at affordable cost, decent housing and basic services to underprivileged and

homeless citizens in urban centers and resettlement areas.

In addition, the State shall encourage on-site development in the implementation of

housing programs and shall promote the creation of new settlements and development of


So wr auneun

u
12
13
14
15
16
17
18
19
20
21
2
23
24
25
26
27
28
29
30
31
32
33
34
35

sustainable urban renewal programs while guaranteeing the preservation of agricultural

lands necessary for food security.

‘The State shall encourage more effective people’s participation in the urban

development process through a mechanism of adequate and genuine consultation in all

stages of the relocation and resettlement process with the affected communities, which

should include a space for children, women and other marginalized groups.

Sec. 3. Definition of Terms. — As used in this Act, the following terms are defined

as follows:

(a) Adequate and Genuine Consultation refers to the constitutionally mandated process

whereby the public, on their own or through people's organizations, is provided

an opportunity to be heard and to participate in the decision making process on

matters involving the protection and promotion of its legitimate collective

interest, which shall include the following:

0)

(ai)

@)

@)

wi)

Effective dissemination and full access, to the public, of relevant
information, plans and documents, including but not limited to land
records, housing budgets, the proposed plan or project, alternative housing
options, technical studies, and comprehensive resettlement plans;
Reasonable time, which shall not be less than thirty (30) days, for the public
to review, comment and object to the plans and studies;

Provision by the government or non-government organizations of legal,
technical, and other appropriate advice to affected persons, households,
and/or organizations on their rights and option;

Separate sessions of open and public consultations with affected
households in general and affected subsectors in particular, including but
not limited to women, children, youth, senior citizens, persons with
disabilities (PWDs), workers, farmers, fisherfolk, and lesbians, gays,
bisexuals, and transgenders (LGBT);

Public hearings that provide affected informal settler families (ISFs) and
their advocates with opportunities to challenge the eviction decision or
present alternative proposals and to articulate their demands and
development priorities; and

‘The conclusion of any mediation, arbitration, or adjudication proceedings

by an independent body vested with constitutional authority such as a court


)

@

©

10)

of law, when appropriate and availed of, in case no agreement is reached

on the proposals of the concerned parties.

Danger Area refers to areas which, when occupied for residential purposes,
actually pose a danger to the life and safety and property of either the concerned
residents or of the general community. The danger is due to an unavoidable

source of probable harm to human life or well-being.

Demolition refers to the dismantling by the local government unit (LGU), or any
legally authorized agency of government, of all structures within the premises

subject for clearing.

Eriction refers to the removal of persons and their belongings from a subject

building, structure, or area, or both, in accordance with law.

High Risk. Area refers to an area which poses a high level of threat to the public
welfare and safety that cannot be addressed through scientific, physical and
engineering methods and, thereby, is unsuitable for settlement and permanent

structures.

Informal Setter Families (ISFs) refers to individuals or households living in any of

the following places:

(@ Lots, buildings, dwelling units, or other structures without the consent of
the property owner;

Gi) Danger areas;

(ii) Areas for government infrastructure projects;

Gv) Protected o forest areas, except for indigenous peoples;

(W) Areas for priority development as declared under Proclamation No. 1967,
series of 1980, if applicable;

(vi) Government or public lands or facilities not intended for human
habitation; or

(vii) Any other place, after being displaced due to natural or man-made hazards.

People’s Plan refers to the plan formulated and initiated by the beneficiary
associations, with the assistance of the concemed government agencies, in

cooperation with the Presidential Commission for the Urban Poor (PCUP), with


of without the support of civil society organizations

(Os), which shall contain
a site development plan that conforms to standards of adequate housing and to
the comprehensive land use plan of the LGU under whose jurisdiction the project
site is proposed to be located, including architecture and engineering house
design, community health, sanitation and security plans, as well as nonphysical
development components such as self-help development, capability building, and
a system of allocation of socialized housing units. ‘The formulation and the
resulting plan should promote and protect the welfare of women, children,

persons with disabilities, and senior citizens.

(h) Social Preparation refers to the series of activities designed to prepare the affected
ISFs to cope with the changes brought about by government infrastructure or
development projects and to encourage them to actively participate and prepare
their societal, community and personal responsibilities in their quest for tenurial
security, human development and basic services, employment and livelihood and

other government programs for the ISFs.

Sec. 4. Coverage. — This Act shall apply in all cases of demolition or eviction, whether
undertaken by the government or private individuals or entities, and whether ordered by

the courts or otherwise.

Sec. 5. Policy on Eviction and Demolition. — As a general rule, any eviction of
ISFs or demolition of the structures they live in or any appurtenance thereto shall be
prohibited.

Sec. 6. Exceptions. — Eviction of ISFs or demolition of the structures they live in or

any appurtenance thereto shall be allowed only in the following exceptional cases:

(@) When ISFs occupy a danger area, such as esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and other public places such as sidewalks,
roads, parks, and playgrounds, or a high risk area which poses a high level of
threat to public welfare and safety that cannot be addressed through or remedied
by scientific, physical and engineering methods and, thereby, is unsuitable for
settlement and permanent structures: Pronided, that an area can only be declared

as a danger area or high risk area through an appropriate technical study, adequate


SeocwmrMaAuneun

il

13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35

and genuine public consultation with the affected persons or entities, and
certification by the appropriate government agency. It shall be the duty of the
province and the city or municipality, after one hundred twenty (120) days from
the effectivity of this Act, to conduct the technical studies and public
consultations necessary to identify all danger and high risk areas within their

respective jurisdictions.

(b) When government infrastructure projects with available funding are about to be
implemented: Provided, that evictions ot displacements of population due to any
development project or business venture involving the government should be
avoided or minimized: Provided, further, that if eviction is unavoidable under the
circumstances, the government shall conduct a comprehensive and holistic
impact assessment, before the project is implemented, to determine whether the
project will serve the public interest and to explore alternatives and strategies to
minimize harm and further violation of human rights of the affected
communities, particularly children, women and other marginalized groups:
Provided, finally, that the agency which seeks to implement the eviction or
demolition shall establish the budget pertaining to it upon its application to the

PCUP for an eviction or demolition certificate of compliance; and

(©) When there is a court order for eviction and demolition: Provided, however, that
no execution of eviction or demolition order shall proceed and be carried out
during the pendency of an appeal, notwithstanding the failure to file a supersedeas
bond to stay the execution of the order if the appellant is an underprivileged and

homeless citizen.

Sec. 7. Mandatory Requirements Before, During, and After the Conduct of

Eviction or Demolition. — No eviction or demolition involving ISFs shall be executed
without full compliance with the following mandatory requirements to uphold human

dignity and prevent any violation of human rights:

(A) Before Eviction or Demolition —

(1) Conduct of social preparation activities related to asset reform, human

development an basic services, employment and livelihood, and other


Socwmyadsaneon

ll

13
14
15
16
17
18

19
20

2
22
23
24
25
26
27
28
29
30
31
32
3
34
35

(C2)

10}

programs of the government for both the affected underprivileged and
homeless citizens and the affected families of the place where the former will
be relocated. Provided, that, separate social preparation activities for children
of both communities on matters relating to the promotion and protection of
their right to development, survival, protection and participation shall be

conducted;

Notice upon the affected persons or entities at least thirty (30) days prior to

the date of eviction or demolition;

Adequate and genuine consultations on the matter of resettlement with the
duly designated representatives of the families to be resettled and the
affected communities in the areas where they are to be relocated: Provided,
that a consultation in the form of an inter-ageney pre-eviction or pre-
demolition conference with the affected underprivileged and homeless
citizens shall be convened by the national government agency or LGU
authorized to evict or demolish and the same shall be complied with under

the following conditions:

(a) The local Philippine National Police (PNP) personnel, whose function
is to provide law enforcement and civil disturbance control but not to
participate in the physical dismantling of any structure, shall actively
participate in the consultation process and their role shall be clearly set

forth;

(b) The following agencies shall be represented during the inter-agency pre-
eviction or pre-demolition conference with the affected underprivileged
and homeless citizens:

@ Department of the Interior and Local Government (DILG);

(i) Department of Social Welfare and Development (DSWD);

(ii) Department of Education (DepEd);

(iv) Department of Public Works and Highways (DPWH);

() Department of Human Settlements and Urban Development
(DHSUD);

(vi) National Housing Authority (NHA);


Scwmrasaneunea

12
13
14
15
16
17
18
19

20
21

2
23
24

25
26

27
28
29
30
31
32
33
34
35

©

@

(vii) Department of Health (DOH);

(viii) PCUP;

() Commission on Human Rights (CHR);

(s) Philippine Commission on Women (PCW);

(xi) Council for the Welfare of Children (CWC);

(xii) Appropriate Key Shelter Agencies;

(cil) Representatives from non-government organizations and/or
people’s organizations working for the interest of the ISFs; and

(xiv) The concerned LGUs.

If the conference is convened by the LGU, the PCW and CWC shall be
replaced by the Local GAD Focal Point System and the Local Council
for the Protection of Children representatives, respectively, of the
concerned LGUs.

The inter-agency pre-eviction or pre-demolition conference with the
affected underprivileged and homeless citizens shall be presided by the
PCUP, which may call on the assistance of other agencies whenever

necessary;

A plan for eviction or demolition shall be formulated during the inter-
agency pre-eviction ot pre-demolition conference, setting forth therein
clear procedures that will be implemented during the eviction or

demolition to prevent any human rights violation;

The details of the inter-agency pre-eviction or pre-demolition
conference with the affected underprivileged and homeless citizens shall
be documented or recorded, and a summary of the points of the
agreements arrived at as well as the disagreements shall be considered
and given weight by the inter-agency body in coming up with a decision
on matters relating to the conduct of eviction or demolition: Provided,
that copies of the documentation and summary shall be provided to all
the stakeholders present three (3) days after the pre-eviction or pre-

demolition conference;


Co a a ed

ul
12
13
14
15
16
17
18
19
20
21
2
23
24
25
26
27
28
29
30
31
32
33
34
35

@)

(The inter-agency pre-eviction or pre-demolition conference with the
affected underprivileged and homeless citizens shall be conducted after
seven (7) days from service of notice of eviction or demolition upon the

affected persons and entities; and

(® Any request for PNP assistance shall be accompanied by a certification
from the PCUP that an inter-agency pre-eviction or pre-demolition
conference with the affected underprivileged and homeless citizens was

conducted.

Submission to the Barangay Officials, before any eviction or demolition, of

the following:

(a) Certificate of Compliance secured from the PCUP;

(b) Names of all personnel, staff, and crew taking patt in the eviction or
demolition activity, including private security, and the names of the PNP
personnel assigned to maintain law and order;

(©) Notice of the date of demolition which shall be at least five (5) calendar
days from such notice; and

(@ List of officers of the agencies forming part of the inter-agency body

convened to extend support and assistance.

(B) During Eviction and Demolition —

(1)

@

2)

@

6)

©

Reading of the plan of eviction or demolition agreed upon during the inter-
agency pre-eviction or pre-demolition conference;

Presence of local government officials or their representatives during
eviction or demolition;

Proper identification of all persons taking part in the demolition;

Execution of eviction or demolition only during regular office hours from
Mondays to Fridays and during good weather, unless the affected families
consent otherwise;

No use of heavy equipment for demolition except for structures that are
permanent and made of concrete materials;

Proper uniforms for members of the PNP who shall occupy the first line of

law enforcement and observe proper disturbance control procedures:


18
19
20
21
2
23
24
25
26
21
28
29
30
31
32
33
34
35

@)

0)

Provided, that the PNP, in coordination with the DSWD, shall ensure the
safety and security of the affected children, pregnant and lactating mothers,
senior citizens, persons with disabilities and other groups or marginalized
sectors in the areas of eviction or demolition;

Observance of a minimum standard of conduct based on rules of
engagement that apply maximum tolerance in order to prevent the outbreak
of violence or the escalation thereof: Provided, that any legal use of force must
respect the principles of necessity and proportionality: Provided, further, that
the child protection policy in the conduct of eviction or demolition shall be
implemented;

Measures to protect the evictees from threats or harassment from the
government or private persons or entities, including gender-based violence:
Provided, that legal assistance to any complaining party shall be available;
and

‘Transparency in all stages of the eviction or demolition process, allowing the

media to cover the whole event.

(© After Eviction or Demolition ~

(ty

@

Adequate housing and relocation, whether temporary or permanent: Promided,
that in cases of eviction and demolition pursuant to a court order involving
underprivileged and homeless citizens, relocation shall be undertaken by the
LGU concerned and the National Housing Authority with the assistance of
other government agencies within forty-five (45) days from the service of
notice of final judgement by the court, after which period the said order shall
be executed: Provided, however, that should relocation not be possible within
the said period, financial assistance in the amount equivalent to the prevailing
and applicable minimum daily wage for non-agricultural workers, multiplied
by sixty (60) days, shall be extended to the affected families by the LGU
concerned: Provided, further, that the financial assistance shall not replace the
requirement of adequate relocation; and

Immediately after the eviction, all relief measures, medical facilities,
psychosocial services, documentation of evictees to prevent displacement or
family separation and similar assistance shall be put in place by the LGUs

concerned in partnership with relevant government agencies.


Observance of the above requirements shall be mandatory in all cases involving the
eviction and demolition of underprivileged and homeless citizens and ISFs, regardless of
whether or not their dwellings or residential structures were constructed before or after

the effectivity of this Act.

The DIG and the DHSUD shall jointly promulgate the necessary rules and

regulations to carry out this section.

Sec. 8. Prohibition on Fencing After a Disaster or Calamity. ~ It shall be
prohibited for any person to secure or build a perimeter fence on an area or property
inhabited by underprivileged and homeless citizens after the same is razed to the ground
by a fire or ruined by a natural calamity: Provided, that the fencing of the of the property
shall be allowed if the person causing the fencing can show a duly-signed court order

allowing the same.

Sec. 9. PCUP as Central Coordinating Body for Eviction, Demolition, and
Resettlement. — The PCUP is hereby designated as the Central Coordinating Body for
the conduct of eviction and demolition activities involving underprivileged and homeless

citizens.

Sec. 10. Functions of the Central Coordinating Body.~ ‘The PCUP shall exercise
the following functions as the Central Coordinating Body:

(@) Monitor all evictions and demolitions, whether extrajudicial or court-ordered,
involving underprivileged and homeless citizens;

(©) Require a government agency or LGU proposing to undertake the eviction or
demolition activities to secure first from the PCUP Central Office, in the case of
national projects, or from its regional office in case of local projects, the checklist
and guidelines for the national and local projects, respectively, on eviction or
demolition prior to the actual implementation thereof and, subsequently, to
submit to the PCUP the completed checklist, attested to under oath by the
proponent, indicating that:

( Adequate and genuine consultation with the affected families have already

been undertaken;


ew Anke n =

af
12
13

14
15

16
17

18
19

20
21
22

23
24

25
26

27
28

29
30
31

32
33

34
35
36
37

©

@

©

©

)

@

(i) Adequate resettlement site and relocation facilities are available; and

(ii) ‘The pre-relocation requirements have been complied with;

Review the basis for application for the conduct of eviction of underprivileged
and homeless citizens or the demolition of their dwellings or appurtenances
thereto in a danger area or high risk area, or in an area where a government

infrastructure project with available funding is about to be implemented;

Based on the completed checklist, subject to further verification and the review
of the basis for application for eviction or demolition in the immediately
preceding sub-paragraph, issue a demolition and eviction certificate of
compliance to the national government or LGU proposing the eviction or

demolition involving underprivileged and homeless citizens;

Initiate, in coordination with relevant government agencies, the formulation of
rules of engagement in the implementation of eviction or demolition based on

maximum tolerance and on the principles of necessity and proportionality;

Establish a separate protection mechanism for children through the formulation
of a child protection policy in the conduct of eviction and demolition: Pronided,
that the child protection policy shall be developed in partnership with the DSWD,
CHR and CWC and in consultation with stakeholders including children;

Investigate motu propio or upon complaint by any party any violation of the
provisions of sections 6 and 7 hereof or the rules and regulations issued to

implement them;

File motu propio or by way of assistance to any aggrieved party, the appropriate
criminal, civil, or administrative case against any person ot persons found to have
violated the provisions of Sections 6 and 7 of the Act or the rules and regulations

issued to implement them;

Recommend to the President appropriate measures for the implementation and
enforcement of this Act and the rules and regulations issued to implement it,
including possible administrative sanctions against national or local government

officials who violate the same;


@) Require assistance and necessary information from any government agency in the

discharge of its functions under this Act;

(K) Publicize matters covered by its investigation of violations of the provisions of
Sections 6 and 7 of this Act or the rules and regulations issued to implement
them, when circumstances so warrant and with due prudence: Provided, however,
that the PCUP shall, under the rules and regulations that shall hereafter be
promulgated, determine what cases may be made public: Provided, further, that
any public report or press release from the PCUP shall be balanced, fair and true;

(Administer oaths, issue subpoenas duces tecum, and take the testimonies of

witnesses in the course of its investigation;

(m) Adopt its own operational guidelines and rules of procedures, as well as rules and
regulations not otherwise inconsistent with existing laws, rules and regulations,

to effectively carry out its mandate; and
(n) Perform such other functions as may hereafter be provided by law.

‘The PCUP shall designate additional personnel to carry out its mandate under this
Act.

Sec. 11. Penalty for Violation. ~The penalty of not less than six (6) months but
not more than six (6) years of imprisonment, or a fine of not less than Twenty-five
thousand Pesos (P25,000.00) but not more than One hundred thousand Pesos
(P100,000.00), or both, at the discretion of the court, shall be imposed on any person who
violates Sections 6 or 7 of this Act.

If the offender is a corporation, partnership, association, government-owned or
controlled corporation, or other juridical entity, the penalty shall be imposed on the officer
or officers of said corporation, partnership, association, government-owned or controlled

corporation, or juridical entity who caused the violation.

Sec. 12. Appropriations. — The amount necessary to carry out the purpose of this
‘Act shall be included in the annual budget of implementing agencies in the General

Appropriations Act of the year following its enactment into law and every year thereafter.


Sec. 13. Implementing Rules and Regulations. — Within one hundred twenty
(120) days from the effectivity of this Act, the DHSUD, DILG, and PCUP shall, in
consultation with non-government organizations, people's organizations, ISFs and their
organizations, and the relevant private sector organizations, jointly promulgate the rules

and regulations implementing the provisions of this Act.

Sec. 14. Separability Clause. — \f any provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall

remain in full force and effect.
Sec. 15. Repealing Clause. — All laws, executive orders, presidential decrees,
proclamations, rules, regulations, issuances, and enactments or parts thereof inconsistent

with this Act are hereby repealed or modified accordingly.

Sec. 16. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,