Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3227

HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

EXPLANATORY NOTE

This bill aims to develop and establish a local government resettlement
Program that will implement an on-site, in-city, or near-city strategy for informal
settler families. This will ensure that the resettled families will have enhanced and
sustainable access to employment and business opportunities as well as the
services offered by their respective local government units.

This measure has already been approved on third reading during the 16"
Congress and 17°" Congress. As such, it is evident that this piece of legislation is
deemed by our esteemed colleagues, as well as the constituents they represent,
as a crucial measure that will bring forth real and impactful change to their lives.

The constant support that this bill has been receiving in the past two
Congresses only shows that it is high time that we, as the champions of our
underprivileged kababayans, do our best to ensure that this bill will finally be
passed into law.

As a manifestation of support to the proponents of this measure -
Representatives Ibarra Gutierrez III, Jose Christopher Y. Belmonte, and Alfredo
“Albee” Benitez, this representation respectfully re-files this bill.

30) RVIP “YUL SERVO” C. NIETO


Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3227
HOUSE BILi NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto

AN ACT

ESTABLISHING A LOCAL GOVERNMENT RESETTLEMENT PROGRAM THAT
IMPLEMENTS AN ON-SITE, IN-CITY OR NEAR-CITY STRATEGY FOR
INFORMAL SETTLER FAMILIES IN ACCORDANCE WITH A PEOPLE'S PLAN
AND MANDATING THE RELOCATING LOCAL GOVERNMENT UNIT TO
PROVIDE OTHER BASIC SERVICES AND LIVELIHOOD COMPONENTS IN
FAVOR OF RECIPIENT LOCAL GOVERNMENT UNIT, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 7279, AS AMENDED, OTHERWISE KNOWN AS.
THE "URBAN DEVELOPMENT AND HOUSING ACT OF 1992"

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

SECTION 1. Short Title. - This Act shall be known as the “Local Government
Unit Led On-site, In-City or Near-City Resettlement Act”.
SEC. 2. Section 3 of Republic Act No. 7279 is hereby amended to read as follows:
“SEC. 3. Definition of Terms. - For purposes of this Act:
"Xxx"
« (Ww) xxx; [and]

“(x) ‘Zonal Improvement Program or ZIP' refers to the program of the
National Housing Authority of upgrading and improving blighted squatter
areas within the cities and municipalities of Metro Manila pursuant to existing
statutes and pertinent executive issuances [.];

“(Y)'ADEQUATE AND RESPONSIVE CONSULTATION’ REFERS TO
THE STANDARD OF CONSULTATION WITH THE AFFECTED INFORMAL
SETTLER FAMILIES (ISFS) WHICH SHALL REQUIRE THE FOLLOWING:

“(1) EFFECTIVE DISSEMINATION OF RELEVANT INFORMATION
AND DOCUMENTS INCLUDING LAND RECORDS, HOUSING BUDGETS,
THE PROPOSED PLAN OR PROJECT, ALTERNATIVE HOUSING
OPTIONS, AND COMPREHENSIVE RESETTLEMENT PLANS;

. “(2) REASONABLE TIME FOR THE PUBLIC TO REVIEW AND


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COMMENT ON THE PROPOSED PLAN OR PROJECT;

“(3) PROVISION BY THE GOVERNMENT OR NONGOVERNMENT
ORGANIZATIONS OF LEGAL, TECHNICAL, AND OTHER APP ADVICE
TO AFFECTED PERSONS ON THEIR RIGHTS AND OPTIONS;

"(4) PUBLIC HEARINGS THAT PROVIDE AFFECTED ISFS AND
THEIR ADVOCATES WITH OPPORTUNITIES TO COMMENT ON THE
PROPOSED RESETTLEMENT ACTION PLAN OR PRESENT
ALTERNATIVE PROPOSALS AND TO ARTICULATE THEIR DEMANDS
AND DEVELOPMENT PRIORITIES; AND

‘ “(5) MEDIATION, ARBITRATION, OR ADJUDICATION BY AN

INDEPENDENT BODY VESTED WITH CONSTITUTIONAL AUTHORITY
SUCH AS A COURT OF LAW, AND AS MAY BE APPROPRIATE, IN CASE
NO AGREEMENT IS REACHED ON THE PROPOSALS OF THE
CONCERNED PARTIES;

“(Z) “CIVIL SOCIETY ORGANIZATIONS OR CSOS' REFERS TO
NONGOVERNMENTAL ORGANIZATIONS (NGOs), PEOPLE'S
ORGANIZATIONS (POS), COOPERATIVES, TRADE UNIONS,
PROFESSIONAL ASSOCIATIONS, FAITH-BASED ORGANIZATIONS,
MEDIA GROUPS, INDIGENOUS PEOPLES MOVEMENTS,
FOUNDATIONS AND OTHER CITIZEN'S GROUPS FORMED PRIMARILY
FOR SOCIAL AND ECONOMIC DEVELOPMENT TO PLAN AND
MONITOR GOVERNMENT PROGRAMS AND PROJECTS, ENGAGE IN
POLICY DISCUSSIONS, AND ACTIVELY PARTICIPATE IN
COLLABORATIVE ACTIVITIES WITH THE GOVERNMENT;

“(AA) 'IN-CITY RESETTLEMENT REFERS TO A RELOCATION SITE
WITHIN THE JURISDICTION OF A LOCAL GOVERNMENT UNIT WHERE
THE AFFECTED ISFS ARE LIVING;

"(BB) INFORMAL SETTLEMENTS’ REFERS TO:

“(1) RESIDENTIAL AREAS WHERE HOUSING UNITS HAVE
BEEN CONSTRUCTED BY SETTLERS ON LAND WHICH THEY
OCCUPY ILLEGALLY; OR

“(2) UNPLANNED SETTLEMENTS AND AREAS WHERE
HOUSING IS NOT IN COMPLIANCE WITH EXISTING PLANNING
AND BUILDING REGULATIONS;

"(CC) “INFORMAL SETTLER FAMILIES’ OR ‘ISFS' REFERS TO
“ FAMILIES LIVING IN INFORMAL SETTLEMENTS AS DEFINED IN THIS
ACT;


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“(DD) ‘ATTACHED CORPORATIONS' REFERS TO THE
GOVERNMENT HOUSING AGENCIES ATTACHED TO THE DEPARTMENT
OF HUMAN SETTLEMENTS AND URBAN DEVELOPMENT, NAMELY:
NATIONAL HOUSING AUTHORITY, NATIONAL HOME MORTGAGE
FINANCE CORPORATION, HOME DEVELOPMENT MUTUAL FUND, AND
SOCIAL HOUSING FINANCE CORPORATION, AS PROVIDED UNDER
SECTION 22 OF REPUBLIC ACT NO. 11201, OTHERWISE KNOWN AS
THE DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN
DEVELOPMENT ACT’;

“(EE) ‘NEAR-CITY RESETTLEMENT REFERS TO A RELOCATION
SITE WITHIN THE JURISDICTION OF A LOCAL GOVERNMENT UNIT,
CLOSER TO THE ORIGINAL LOCATION OF THE AFFECTED ISFS, WITH
MINIMAL TRANSPORTATION COST BASED ON THEIR INCOME
PROFILE AND ADJACENT TO THE LOCAL GOVERNMENT UNIT THAT
HAS JURISDICTION OVER THEIR PRESENT SETTLEMENTS;

“(FF) ‘NONGOVERNMENT ORGANIZATION’ OR *NGO' REFERS
TO A DULY REGISTERED NONSTOCK, NONPROFIT ORGANIZATION
FOCUSING ON THE UPLIFTMENT OF THE BASIC OR DISADVANTAGED
SECTORS OF SOCIETY, AS DEFINED UNDER REPUBLIC ACT NO. 8425
OR THE SOCIAL REFORM AND POVERTY ALLEVIATION ACT’, BY
PROVIDING ADVOCACY, TRAINING, COMMUNITY ORGANIZING, 18
RESEARCH, ACCESS TO RESOURCES, AND OTHER SIMILAR
ACTIVITIES, AND ORGANIZED AND OPERATED EXCLUSIVELY FOR
SCIENTIFIC, RESEARCH, EDUCATIONAL, CHARACTER-BUILDING
AND YOUTH AND SPORTS DEVELOPMENT, HEALTH, SOCIAL
WELFARE, CULTURAL OR CHARITABLE PURPOSES, OR A
COMBINATION THEREOF, AND WHOSE NET INCOME DOES NOT
INURE, WHETHER PARTLY OR AS A WHOLE TO THE BENEFIT OF ANY
PRIVATE INDIVIDUAL, PURSUANT TO SECTION 34(H)(2)(C)(1) OF
REPUBLIC ACT NO. 8424, AS AMENDED, OTHERWISE KNOWN AS
THE "TAX REFORM ACT OF 1997';

“(GG) 'OFF-CITY RESETTLEMENT’ REFERS TO A RELOCATION
SITE DEVELOPED OUTSIDE AND NOT ADJACENT TO THE LOCAL
GOVERNMENT UNIT WHERE THE AFFECTED ISFS ARE RESIDING;

“(HH) "PEOPLE'S PLAN’ REFERS TO THE PLAN FORMULATED BY
THE BENEFICIARY-ASSOCIATION, WHICH SHALL CONTAIN A SITE
DEVELOPMENT PLAN THAT CONFORMS TO THE COMPREHENSIVE
LAND USE PLAN OF THE LOCAL GOVERNMENT UNIT UNDER WHOSE
JURISDICTION THE PROJECT SITE IS PROPOSED TO BE LOCATED,
INCLUDING COMMUNITY HEALTH, SANITATION, AND SECURITY


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PLANS, AS WELL AS NON-PHYSICAL DEVELOPMENT COMPONENTS
SUCH AS SELF-HELP HOUSING COOPERATIVE, LIVELIHOOD, SELF
HELP DEVELOPMENT, CAPABILITY BUILDING, AND A SYSTEM OF
ALLOCATION OF SOCIALISED HOUSING UNITS THAT PROMOTE AND
PROTECT THE WELFARE OF THE ELDERLY, PERSONS WITH
DISABILITY, AND CHILDREN, AS DEFINED UNDER REPUBLIC ACT
NO. 11201 OR THE ‘DEPARTMENT OF HUMAN SETTLEMENTS AND
URBAN DEVELOPMENT ACT’; AND

“(II) “SOCIAL PREPARATION' REFERS TO THE PROCESS OF
ESTABLISHING SOCIAL, ORGANIZATIONAL, AND INSTITUTIONAL
NORMS AND MECHANISMS. SUCH NORMS AND MECHANISMS WILL:
(1) ENABLE THE BENEFICIARIES TO COPE WITH CHANGES; AND (2)
IN PARTNERSHIP WITH CONCERNED INSTITUTIONS AND
STAKEHOLDERS, ENCOURAGE THE SETTLERS NOT ONLY TO WORK
AMONG THEMSELVES FOR THE PURPOSE OF DRAWING UP AND 18
UNDERTAKING THEIR HOUSING PROJECT PROPOSALS, BUT ALSO TO
ACTIVELY AND MEANINGFULLY PARTICIPATE IN HOUSING
PROJECTS UNDERTAKEN ON THEIR BEHALF, THUS RESOLVING
COLLECTIVE ACTION PROBLEMS AMONG COMMUNITY MEMBERS AND
COORDINATION PROBLEMS WITH GOVERNMENT AND OTHER
ENTITIES.”;

SEC. 3. Section 22 of Republic Act No. 7279 is hereby amended to read as
follows:

“SEC. 22. Livelihood Component. - To the extent feasible, socialized
housing and resettlement projects shall be located near areas where
employment opportunities are accessible. The government agencies dealing
with the PROVISION OF SKILLS AND LIVELIHOOD TRAINING,
development of livelihood programs, and grant of livelihood loans, NAMELY:
DEPARTMENT OF LABOR AND EMPLOYMENT, DEPARTMENT OF
SOCIAL WELFARE AND DEVELOPMENT, DEPARTMENT OF SCIENCE
AND TECHNOLOGY, TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT AUTHORITY, AND PHILIPINE TRADE AND TRAINING
CENTER shall give priority to the beneficiaries of the Program.”

SEC. 4. Section 23 of the same Act is hereby amended to read as follows:
“SEC. 23. Participation of PROGRAM Beneficiaries, FORMATION OF
BENEFICIARY-ASSOCIATION, MAINSTREAMING SOCIAL
PREPARATION, AND FORMULATION AND IMPLEMENTATION OF A
PEOPLE'S PLAN. - The local government units, in coordination with the
Presidential Commission for the Urban Poor and concerned government
agencies, shall afford Program beneficiaries or their duly designated
representatives an opportunity to be heard and to participate in the
decision-making process over matters involving the protection and


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promotion of their legitimate collective interests which shall include
appropriate documentation and feedback mechanisms. They shall also be
encouraged to organize themselves [and undertake self-help cooperative
housing and other livelihood activities] INTO AN ASSOCIATION FOR
ACCREDITATION AS BENEFICIARIES OR AWARDEES OF OWNERSHIP
RIGHTS UNDER THE RESETTLEMENT PROGRAM, COMMUNITY
MORTGAGE PROGRAM, LAND TENURE ASSISTANCE PROGRAM, AND
OTHER SIMILAR PROGRAMS IN RELATION TO A SOCIALIZED
HOUSING PROJECT ACTUALLY BEING 18 IMPLEMENTED BY THE
NATIONAL GOVERNMENT OR BY THE LOCAL GOVERNMENT UNITS.

« They shall assist the Government in preventing the incursions of

professional squatters and members of squatting syndicates into their
communities.

“In instances when the affected beneficiaries have failed to organize
themselves or form an [alliance] ASSOCIATION within a reasonable period
prior to the implementation of the program or projects affecting them,
consultation between the implementing agency and the affected
beneficiaries shall be conducted with the assistance of the Presidential
Commission for the Urban Poor and the concerned nongovernment
organization UNTIL AN ASSOCIATION IS FORMED IN PLACE.

“THE ASSOCIATION, IN CONSULTATION WITH THE
PRESIDENTIAL COMMISSION FOR THE URBAN POOR, SHALL, WITH

OR WITHOUT THE SUPPORT OF CSOS, FORMULATE A PEOPLE'S
PLAN.

“THE ASSOCIATION, WITH THE ASSISTANCE OF CSOS AND
GOVERNMENT AGENCIES INCLUDING THE NATIONAL ANTI POVERTY
COMMISSION, PRESIDENTIAL COMMISSION FOR THE URBAN POOR,
NATIONAL HOUSING AUTHORITY, CITY OR MUNICIPAL SOCIAL
WELFARE AND DEVELOPMENT OFFICE, SOCIAL HOUSING FINANCE
CORPORATION, LOCAL GOVERNMENT UNITS, AND OTHER RELEVANT
AGENCIES OF GOVERNMENT, SHALL AGREE ON, DEVELOP, AND
IMPLEMENT THE PEOPLE'S PLAN.

"IN ACCORDANCE WITH THE PROTECTION GUIDELINES
PROVIDED UNDER SECTION 28 OF THIS ACT, A RELOCATION
ACTION PLAN SHALL BE AN INDISPENSABLE COMPONENT OF THE
PEOPLE'S PLAN. THE RELOCATION ACTION PLAN SHALL INCLUDE
THE FOLLOWING OBJECTIVES:

“(A) ENSURE SAFE, AFFORDABLE, DECENT, AND HUMANE
CONDITION OF RELOCATION, INCORPORATING THEREIN
APPROPRIATE DISASTER RISK REDUCTION MANAGEMENT AND
CLIMATE CHANGE ADAPTATION STANDARDS;

“(B) PROVIDE ADEQUATE SOCIAL PREPARATION; AND

"(C) PREVENT FORCED EVICTION: PROVIDED, THAT PRIMARY


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CONSIDERATION SHALL BE GIVEN TO THE HOUSING FINANCIAL
SCHEME SUGGESTED IN THE PEOPLE'S PLAN.”;

SEC. 5. Section 26 of the same Act is hereby amended to read as follows:
“SEC. 26. Urban Renewal and Resettlement. - [This] URBAN RENEWAL
AND RESETTLEMENT shall include the rehabilitation and development of
blighted and sium areas and the resettlement of Program beneficiaries in
accordance with the provisions of this Act. On-site development shall be
implemented [whenever possible] AFTER ADEQUATE AND RESPONSIVE
CONSULTATION WITH THE AFFECTED ISFS, AND IN ACCORDANCE
WITH THE PEOPLE'S PLAN FORMULATED PURSUANT TO SECTION 23
OF THIS ACT, in order to ensure minimum movement of occupants of
blighted lands and slum areas. “{The] WHERE DEMOLITION OR
EVICTION IS ALLOWED IN THE AREA OCCUPIED BY THE PROGRAM
BENEFICIARIES PURSUANT TO SECTION 28 OF THIS ACT, AND ON-
SITE RESETTLEMENT CANNOT BE UNDERTAKEN BY REASON
THEREOF, THE IN-CITY resettlement of the beneficiaries of the Program
from their existing places of occupancy shall be undertaken only [when on
site development is not feasible and] after compliance with the procedures
AS ALSO laid down in Section 28 of this Act AND IN ACCORDANCE WITH
THE PREFERENCE OF THE AFFECTED ISFS AS CONTAINED IN THE
PEOPLE'S PLAN.

“SHOULD IN-CITY RESETTLEMENT NOT BE FEASIBLE, NEAR-CITY
RESETTLEMENT SHALL BE CONSIDERED. OFF-CITY RESETTLEMENT
SHALL ONLY BE RESORTED TO WHEN DIRECTLY REQUESTED BY THE
AFFECTED ISFS THEMSELVES, AND MUST SATISFY THE
REQUIREMENTS OF ADEQUATE AND RESPONSIVE CONSULTATION
PRIOR TO RELOCATION.”

SEC. 6. Section 29 of the same Act is hereby amended to read as
follows:

“SEC. 29. Resettlement. - THE LOCAL GOVERNMENT UNITS SHALL BE
CHARGED WITH THE PRIMARY RESPONSIBILITY OF IMPLEMENTING
RESETTLEMENT OF AFFECTED ISFS IN THEIR RESPECTIVE
LOCALITIES, IN COORDINATION WITH THE DEPARTMENT OF
HUMAN SETTLEMENTS AND URBAN DEVELOPMENT AND ITS
ATTACHED CORPORATIONS. Within two (2) years from the effectivity of
this Act, the local government units, in coordination with the [National
Housing Authority] DEPARTMENT OF HUMAN SETTLEMENTS AND
URBAN DEVELOPMENT AND ITS ATTACHED CORPORATIONS, shall
implement the relocation and resettlement of [persons] ISFS living in
danger areas such as esteros, railroad tracks, garbage dumps, riverbanks,
shorelines, waterways, and in other public places such as sidewalks, roads,
parks, and playgrounds. The local government unit, in coordination with the
[National Housing Authority] DEPARTMENT OF HUMAN SETTLEMENTS
AND URBAN DEVELOPMENT AND ITS ATTACHED CORPORATIONS,
shall provide relocation or resettlement sites with basic services and
facilities and access to employment and livelihood opportunities sufficient to


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meet the basic needs of the affected families. FOR THIS PURPOSE, THE
LOCAL GOVERNMENT UNIT MAY PURCHASE LANDS OUTSIDE ITS
JURISDICTION.

“WHERE THE LAND OCCUPIED BY THE ISFS IS PRIVATELY-
OWNED, THE LOCAL GOVERNMENT UNIT SHALL, IN COORDINATION
WITH THE HUMAN SETTLEMENTS ADJUDICATION COMMISSION AS
PROVIDED UNDER SECTION 12 OF REPUBLIC ACT NO. 11201,
OTHERWISE KNOWN AS THE ‘DEPARTMENT OF HUMAN
SETTLEMENTS AND URBAN DEVELOPMENT ACT’, NEGOTIATE WITH
THE OWNER FOR THE PURCHASE OF THE OCCUPIED PROPERTY.
SHOULD NEGOTIATION FAIL, THE LOCAL GOVERNMENT UNIT MAY
RESORT TO EXPROPRIATION.

“IN INSTANCES WHEN THE RELOCATION OR RESETTLEMENT SITE IS

LOCATED IN ANOTHER LOCAL GOVERNMENT UNIT, THE LOCAL
GOVERNMENT UNIT THAT IMPLEMENTS THE RELOCATION OR
RESETTLEMENT AND THE CONCERNED NATIONAL GOVERNMENT
AGENCIES SHALL, THROUGH A MEMORANDUM OF AGREEMENT,
PROVIDE THE OTHER BASIC SERVICES AND FACILITIES
ENUMERATED UNDER SECTION 21 OF THIS ACT, INCLUDING A
LIVELIHOOD COMPONENT FOR THE BENEFICIARIES BEING
RELOCATED, TO THE RECIPIENT LOCAL GOVERNMENT UNIT WHERE
THE RELOCATION OR RESETTLEMENT SITE IS LOCATED.

“THE DEPARTMENT OF HUMAN SETTLEMENTS AND URBAN
DEVELOPMENT AND THE DEPARTMENT OF FINANCE —- BUREAU OF
LOCAL GOVERNMENT FINANCE SHALL FORMULATE THE
IMPLEMENTING RULES AND REGULATIONS ON THE COST-SHARING
MECHANISM NECESSARY TO FULLY IMPLEMENT THE PROVISION OF
SUCH OTHER BASIC SERVICES AND FACILITIES.

"IN ADDITION TO THE FUNDING SOURCES PROVIDED UNDER
SECTION 42 OF THIS ACT, THE ALLOCATION FOR THE BASIC
SERVICES AND FACILITIES MAY BE TAKEN BY THE LOCAL
GOVERNMENT UNIT IMPLEMENTING THE RELOCATION OR
RESETTLEMENT FROM THE TWENTY PERCENT (20%) OF THE
INTERNAL REVENUE ALLOTMENT APPROPRIATED FOR DEVELOPMENT
PROJECTS AS MANDATED UNDER SECTION 287 OF REPUBLIC ACT NO.
7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF
1991'.”

SEC. 7. Implementing Rules and Regulations. - The principles, policies and

“ provisions of this Act shall be incorporated in the National Shelter Program.

The Department of Human Settlements and Urban Development and
the Department of the Interior and Local Government, in consultation and
coordination with appropriate government agencies, CSOs, NGOs,
representatives from the private sector, and ISFs, shall promulgate a new set
of implementing rules and regulations within sixty (60) days from the


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S

effectivity of this Act. The implementing rules and regulations shall be
consistent with the provisions of this Act, particularly with the amendments,
parameters, and standards introduced to Sections 22, 23, 26, and 29 of the

“Urban Development and Housing Act of 1992”, and shall include the
following:

(a) A People's Plan template to guide ISFs in the development of their
own People's Plan: Provided, That such template shall be a complete pro

, forma People's Plan: Provided, however, That such a template shall be used

to benchmark the minimum standards in a People's Plan; and

(b) A guide to effective implementation of the People's Plan,
including details on the necessity of the issuance of internal memoranda by
concerned agencies. The implementing rules and regulations issued
Pursuant to this section shall take effect thirty (30) days after its
publication in two (2) national newspapers of general circulation.

SEC.8. Repealing Clause. - All laws, decrees, executive orders,

Proclamations, rules and regulations, and other issuances, or parts thereof which

are inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SEC. 9. Separability Clause. - If, for any reason, any part, section or

provision of this Act is held invalid or unconstitutional, the remaining provisions not
affected thereby shall continue to be in full force and effect.

SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,