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Nineteenth congress
First Regular Session
H`Ouse Bri-iv;.    5-903
Introducedby:
HON. MARISSA "DEL MAR" MAGSIN0
oFwr PART¥L[ST
EXPI.ANATORY NOTE
Housing  problems  in  the  Philippines  are  a  se,rious  issue  that can  stall  the  rapid
development  and  growth  of the  country.     The  current  (2o21)  housing  backlog  in  the
Philippines is a whopping 6.5 million units, which means there are  6.5 million homeless
Filipino families. Additionally, there are over 4 million Filipino families that are living in
unsustainable housing conditions or in danger zones such as river banks, under bridges and
along  railroad  tracks.  They lack  security  and  safety  with  no  access  to  clean  water  and
electricity.
Republic Act No.  7279,  as amended,  also known as the `Urban  Development and
Housing Act', mandates the government, in cooperation with the private sector and local
government units  (LGUs),  to engage  in the production of socialized and public housing,
establish  resettlement  sites  and  improve  access  to  home  financing  for  the  benefit  of
underprivileged and homeless citizens, particularly those who live in danger zones.
The law, besides providing a general penalty clause for any violation of the Act, also
prohibits and penalizes the fouowing specific acts:
1)   Professional squatting;
2)   Construction of illegal structures or dwellings in resettlement areas, danger zones
and in private and public lands;
3)  Allowing, abetting or otherwise tolerating, by public officials, the commission of
the preceding prohibited acts.


Last September 2o22, the undersigned author organized a policy dialogue on housing
and  land  use  issues  participated  by the  Department  of Human  Settlements  and  Urban
Development (DHSUD)  and its attached agency,  the National  Housing Authority (NIIA),
together with the  Department of the Interior and I.ocal Government (DILG),  Presidential
Commission for the Urban Poor (PCUP), Philippine National Police (PNP), other concerned
government agencies, and stakeholders from the private sector and civil society.
During  the  dialogue,  among  the  significant  issues  raised  were  the  ineffective
implementation of the prohibition against professional squatting and the  construction of
illegal structures and dwellings by informal settlers in areas specified in the law,  due to,
among other things,  lack of political will or toleration by politicians  and public officials.
Hence,  the recommendation was to `put more teeth to the law' by way of increasing the
existing penalties to serve as further deterrent to the  commission of the prohibited acts.
Furthermore, there is an apparent confusion or loophole in the law as to which government
agency and/or law enforcement authority has the duty to commence and prosecute criminal
actions against violators of the law. This has led to the adamant and passive posturing of the
agencies in the enforcement of the law.
This bill seeks to address the foregoing issues by increasing the existing penalties in
the law,  and by expressly providing for the authority and duty of concerned government
agencies  and  law  enforcement  authorities  to  commence  and  prosecute  criminal  actions
against violators of the law.
Premises considered, the immediate passage of the proposed measure is earnestly
urged.
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Nineteenth Congress
First Regular Session
•  r -^ r\
riouse Bin NO. 5903
Introducedby:
HON. MARISSA "DEL MAR" MAGSIN0
0FW- PARTYLIST
AN ACT
INCREASING THE PIINAIJTIES FOR VIOIATI0N 0F REPUBLIC ACT NO. 7279,
OTHERwrlsE KNOWS AS THE `URBAN DEVELOPMEr`IT AND HOUSING ACT
0F 1992', AS AMENDED, AND FOR OTHER PURPOSES
SECI`ION    1.    Section  27  of  Republic  Act  No.  7279,  otherwise  known  as  the  `Urban
Development and Housing Act of 1992', as amended, is hereby amended to read as follows :
Section  27. Action Against Proifessional Squatters and Squatting Syndieates. -The
local  government  units,  in  cooperation  with  the  Philippine  National  Police,  the
Presidential Commission for the Urban Poor (PCUP), and the PCUP-accredited urban
poor organization in the area, shall adopt measures to identify and effectively curtail
the nefarious and illegal activities of professional squatters and squatting syndicates,
as herein defined.
Any person or group identified as such shall be summarily evicted and their dwellings
or  structures  demolished,  and  shall be  disqualified to  avail  of the benefits  of the
Program.   A   public   official   who   tolerates   or   abets   the   commission   of   the
abovementioned acts shall be dealt with in accordance with existing laws.
For purposes of this Act, professional squatters or members of squatting syndicates
shall be imposed the penalty of TEN (io) [six{6}] years imprisonment or a fine of
not  less  than  TWO  IIUNDRED   [Sixt5d  thousalid  pesos  (P  Zoo,ooo.oo  )
I(P6o,ooo.oo)]  but  not more  than  FIVE  IIUNDRED  [Onc  hundrcd]  thousand
peses P 5oo,ooo.oo [(Ploo,ooo)I, or both, at the discretion of the court.


SECITION    2.    Section  45  of  Republic  Act  No.  7279,  otherwise  known  as  the  `Urban
Development and Housing Act of 1992', as amended, is hereby amended to read as fouows :
Sectr.on  45.  PerlaJfty CJczuse. - Any person who violates any provision of this Act shall
be imposed the penalty of EIGHT (8) [not morc than six (6)I years of imprisonment
or a fine of not less than FIFTY [Fire] thousand pesos (P 5o,ooo.oo) I(P5,ccc)]
but  not  more  than  THREE  [Ore]  hundred  thousand  pesos  (P  3oo,ooo.oo)
[(Ploo,ooo)], or both, at the discretion of the court: ProLJi.ded, That, if the offender is
a corporation, partnership, association or other juridical entity, the penalty shall be
imposed on the  officer or officers of said corporation,  partnership,  association or
juridical entity who caused the violation.
SECITION    3.    A  new  Section  45-A  is  hereby  incorporated  in  Republic  Act  No.  7279,
otherwise known as the `Urban Development and Housing Act of 1992', as alnended, which
shall read as follows :
sECTloN 45-A. coMMENCEMm`IT AND pRosEcuTION oF CRIMINAL
ACTION; DEPUTIZATI0N OF THE PHILIPPINE NATIONAL POLICE AND
0TIIER IAW ENFORCEMENT AGENCIES- CRIMINAL ACTION ARISING
FROM ANY VI0IATION 0F TIIE PROVISIONS 0F TTIIS ACT, OR OF THE
IMPLEMEr`ITING  RULES  AND  REGulATloNS  oF  THIS  ACT,  oR  IN
APPROPRIATE   CASES   UNDER   TIIE   REVISED   PENAL   CODE   OR
APPI.ICABI[E     SPECIAL     LAWS,     MAY     BE     COMMENCED     AND
PROSECUTED   BY   TIIE   NATIONAL   HOUSING   AUTHORITY   (NIIA)
THRouGH  ITS  GENERAL MANAGER,  oR 8¥ THE  DEPARTMm`IT oF
n`ITERIOR   AND    I+OCAL    GovERNMENT    (DII.G)    THORUGH    rrs
uNDERSECRETARy  FOR  I+OCAL  GOvERNMm`IT,  oR  By  ANT  REAL
PARTY-IN-INTEREST   IN   COORDINATION   WITII   THE   PRECEDING
CONCERNED AGENCIES.
TIIE      PHILIPPINE     NATIONAL     POLICE     AND      OTIIER     IAW
ENFORCEMEI`IT AGENCIES  MAY BE  DEPUTIZED  BY TIIE  NIIA AND
TIIE DILG, IN APPROPRIATE CASES, IN THE APPREIIENSI0N AND/OR
ARREST 0F VIOIATORS 0F THIS ACT, SUBJECT TO DUE PROCESS.
SEcrloN  4.  The NIIA, PCUP and the DIIjG, within sirty (6o) days from the effectivity of
this   Act,   shall   promulgate   the   rules   and   regulations   necessary   for   the   effective
implementation of this Act.
SEcrl0N   5.   Sepc[rabe.Zit!/   Clause.   -   If  any   portion   of  this   Act   is   dedared
unconstitutional or  invalid,  the other provisions  not affected  shall  continue  in full force
and effect.
SECTION  6. Rqpeazing  Clause. -  Any  provision  of laws, decrees,  executive orders,
proclamations, rules and regulations, or parts thereof, which are inconsistent with this Act
are hereby repealed, amended or modified accordingly.


SECTION 7. EJrectr.tji.t!/ Czause. -  This Act shall take effect fifteen (15) days following
the completion of its publication in two (2) newspapers of general circulation.
Approved.