TWENTIETH CONGRESS OF THE ] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
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25 AUG -7 P2 :57
SENATE 
S.B. No.
RECEiVtOSV:
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROVIDING FOR A MORATORIUM ON RENTAL PAYMENT AND EVICTION 
DURING DISASTERS AND OTHER EMERGENCIES
EXPLANATORY NQTF
The COVID-19 pandemic has opened our eyes to the country's looming housing 
crisis while driving many Filipinos into financial hardships. Evictions in informal 
communities have surged, endangering the health of displaced informal settlers 
struggling to find shelter.
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 
financialization of housing have consolidated a system that reproduces housing 
precariousness and homelessness."1 According to the Commission on Human Rights, 
this highlights the gaps in the State's protection of the Filipino's right to housing which 
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
hH-nc //t rtm9 .the Right t0 Housin9 during the COVID-19 aisls" by Open Society Foundations-
https./^ww.]ysticeinitiajjye1orgJ72t^Cjt^on5/protectingztheIn(7hl>toIhousinq-duhnq-the-covid-1
Dttps.//chr.qov.ph/statement-of-chr-spokesperson-attv-1acaueline-ann-de-Quia-nn-thp-nrnnnc:pH-gonat-o-hiii-
imposinq-a-moratormm-on-rental-pavments-and-evIrtions-durina-emeraPnriPg-alJ'mS^egr ^


Accordingly, this proposed measure aims to protect poor Filipino families from 
the adverse effects, as well as cushion the impact, of disasters and other emergencies 
through a 30-day moratorium on rental payment, reckoned from the termination of 
the state of calamity. Bearing in mind that depriving Filipinos of shelter right after the 
occurrence of disasters or emergencies will leave them more vulnerable, this bill 
likewise introduces a moratorium on eviction. These mechanisms would give Filipinos 
affected by disasters enough time and breathing room to cope with the economic 
effects of such disasters and other emergencies.
In view of the foregoing, the immediate passage of this measure is earnestly 
sought.


twentieth congress of the ]
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
SENATE
S.B. No. 1109
'tt
ifyitUI1 of (ii ,
25 AUG-7 P2:57
RFCEIVED 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 Phiiippines in 
Congress assembled:
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SECTION 1. Short Title. This Act shall be known as "Rental Payment a:id 
Evict, n Moratorium during Disasters and Emergencies Act."
SEC. 2. Deciaration ofPoiicy. - In the interest of promucing tn= eommon aood 
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
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Other emergency situations.
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SEC. 3. Defih^on 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 
insufficient capacity or measures to reduce or cope with the potential negative 
consequences. Disaster impacts may include loss of life, injury, disease and other 
negative effects on human, physical, mental and social well-being, together with
damage to property, destruction of assets, loss of services, social and economic 
disruption and environmental degradation.
b. Emergency' refers to unforeseen or sudden occurrence, especially danger, 
demanding immediate action.
c. state of Calamity" refers to a condition involving mass casualty and/or major 
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.
d. "Rent" refers to the amount paid for the use or occupancy of a residential 
unit whether payment is made on a monthly or other basis.
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Residential unit" refers to an apartment, house and/or land on which 
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 
home industries, retail stores or other business purposes if the owner thereof and their 
family actually live therein and use it principally for dwelling purposes.
f. Lessee refers to a r:,son renting a residential unit.
g. Owner/Lessor" refers to the owner or administrator or agent of the owner 
of the residential unit.
h. Sublessor" refers to the person who leases or rents out a residential unit 
leased to him by an owner.
i. "Sublessee" refers to the person who holds a lease which was given to 
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 may be (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, 
or (2) provincial, city or municipal in scope, as declared through a State of Calamit^ 
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 the 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 made 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, otherwise known as the "Magna Carta for MSMEs", 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.
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 
0 e lessor, sublessor or owner or their immediate family, or 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
Off,ce space rental of MSMEs, as defined in RA 9501, as amended, at the discretion of
6 he DTI Secretary, taking into consideration the fact of ciosure/shutting down of
bus,nesses, community quarantine orders, or any other cimumstance that may hamper 
their operations.
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SEC. 7. Implementing Rules and Regulations. - Within sixty (60) days from
urban Devetopment (DHSUD), in consultation with other relevant government
3 ageces and stakeholders, shall Issue the necessa^ rules and regulations to
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implement the provisions of this Act.
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SEC. 8. Repealing Clause. - All laws, presidential decrees, executive orders 
7 proclamations, rules and regulations, or any part thereof, which are inconsistent with
the provisions of this Act are hereby repealed or modified accordingly.
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Z anor f Cfh9' SeParamity aaUSe- ~ If any Pr0ViSi0n 0r Part of this - the
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t0 any PerSOn 0r circumstance'is held unconstitutional or invalid
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the rema,nder of this Act shall not be affected thereby
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SEC. 10. Effectivity. - This Act shall take effect fifteen (15) days fmm its 
publication in the Official Gazette or in at least tiA,n
circulation. 
( ) newsPaPers of general
Approved,
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