Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5404

Introduced by Honorable Rex Gatchalian

AN ACT
INSTITUTIONALIZING THE CREATION OF LOCAL HOUSING BOARDS IN ALL
LOCAL GOVERNMENT UNITS, PROVIDING FOR ITS POWERS AND FUNCTIONS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991

EXPLANATORY NOTE

No less than the Constitution mandates the provision of affordable and
decent socialized housing, within the proximity of facilities for basic service and
economic opportunities, to underprivileged and homeless Filipinos, especially those
in urban areas.! Ultimately, the goal is to uphold the dignity of marginalized Filipinos
by providing adequate housing and opportunities for a better quality of life. This
policy is buttressed by Republic Act (R.A.) No. 7279, otherwise known as the Urban
Development and Housing Act of 1992, which calls for a comprehensive plan for
urban and urbanizable areas.?

The policy is also reinforced by the Executive Order (E.0.) No. 708, series of
2008, mandating local government units (LGUs) to create their own local housing
boards or any similar body to serve as a clearing house for demolition and eviction
activities involving the homeless and underprivileged citizens.? This is, however,
limited to cities and municipalities outside the old Autonomous Region in Muslim
Mindanao.4 Nonetheless, through the provision of the Local Government Code on the

* 1987 Const, §. 9, art. XIIL
2 Rep. Act No. 7279, 8. 6.

» Exec. Order No. 708 (2008), §. 2.

* DILG, Mem. Circ. No, 2008-143 (2008).


power of LGUs to generate and apply resources, provinces can also constitute their
own housing boards.5

A 2018 Philippine Institute for Development Studies discussion paper
revealed that of the 178 LGUs they examined, only 123 institutionalized a local
housing board through a local ordinance. Most of the LGUs that did not comply were
municipalities. Such defiance is attributed to the trivial amount of informal settler
families (ISFs) in such localities.© As for those with growing numbers of ISFs,
especially in cities, LGUs are steadfast in providing adequate housing solutions
through their housing boards.

Unfortunately, most of the socialized housing programs by cities
significantly displace ISFs in remote locations outside the LGU’s territory. Worse,
these locations are usually far from basic facilities, as well as the ISF’s current
employment place and educational institution, among others. Consequently, the
ISFs are left with no choice but to return to their old dwellings for better
opportunities. Incompatibility between the socialized housing programs of LGUs and
the needs of ISFs could be attributed to a lack of proper land management and urban
planning, as well as appropriate communication with the relevant stakeholders.

This bill seeks to institutionalize the creation of local housing boards in all
provinces, cities, and municipalities in the Local Government Code to ensure an
effective formulation of socialized housing programs and its efficient execution for
the target beneficiaries. More specifically, it seeks to mandate:

(1) The representation of all the relevant local government officials and
stakeholders on the board;

(2) The enforcement of the right of informal settlers to just and human evictions
and demolitions;

(3) The inclusion of a social housing program in the local Comprehensive Land
Use Plan (CLUP); Provided, That in the case of cities, the program shall
generally be limited to in-city resettlement unless such is impossible or
impractical;

5 Loca. Gov't Cope, sec. 18; see example: Province of La Union Ordinance No. 021-2012 at
hutps:/ /launion, gov.ph/wp-content/uploads/2018/04 /Ordinance-021-2012-Housing-Board.pdf

® Marife Ballesteros and Jenica Ancheta, Participatory Governance in the Public Provision of Housing: The Case of
Local Housing Boards in the Philippines, Philippine Institute for Development Studies, Discussion Paper Series No.
2018-29 at https://pidswebs.pids.gov.ph/CDN/ PUBLICATIONS /pidsdps1829,pdi.


(4) The conduct of adequate and genuine public hearings or consultations with
relevant stakeholders prior to the creation of the CLUP in order to afford them
the opportunity to be heard and to participate in the decision-making process
over the local socialized housing program and other matters involving the
protection and promotion of their legitimate collective interests;

(5) The creation of a Local Housing Office in every LGU, which shall serve as the
implementing arm of the board; and

(6) The minimum standards for the local socialized housing program.

In view of the foregoing, approval of this bill is earnestly sought.

n. Rex Gatchalian
Representative
1 District of Valenzuela


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Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 5404

Introduced by Honorable Rex Gatchalian

AN ACT
INSTITUTIONALIZING THE CREATION OF LOCAL HOUSING BOARDS IN ALL
LOCAL GOVERNMENT UNITS, PROVIDING FOR ITS POWERS AND FUNCTIONS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE
KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991

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 “Local Housing
Board Act.”

SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to
provide a more responsive and accountable local government structure through the
creation of local housing boards. Through this, local government units shall be given
more powers, authority, responsibilities, and resources in the planning and
execution of their housing programs. Towards this end, the State shall:

(a) Adopt a just and humane socialized housing program, to be incorporated
in the local Comprehensive Use Plan, that provides decent housing and basic
services to all Filipinos, especially the underprivileged and homeless. This shall
include the institutionalization of minimum standards for local socialized housing
programs, requirement of in-city resettlement for informal settler families in cities,
as well as the protection of the urban and poor rural dwellers from evictions or
demolitions undertaken in violation of the law; and

(b) Promote and institutionalize the participation of relevant stakeholders —
such as the private and public sectors, non-governmental organizations, and
People’s organizations - in the urban and rural development process, through

adequate and genuine public hearings or consultations.


SEC. 3. Local Housing Board. - A Local Housing Board shall be
institutionalized in every province, city, and municipality in Republic Act (R.A.) No.
7160, otherwise known as the Local Government Code of 1991. Accordingly, a new
Title to be known as Title V-A shall be incorporated in Book I of the same Code, to
read as follows:

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“TITLE V-A.”
“LOCAL HOUSING BOARDS”

SEC. 105-A. Creation and Composition. - There shall be created
a Local Housing Board in every province, city, and municipality. The
composition of the Board shall be as follows:

(1) The governor shall head the provincial housing board as
the chairperson; the vice governor as the vice chairperson; and the
chairperson of the sangguniang panlalawigan committee on housing
and urban development or its equivalent, the provincial planning and
development coordinator, the provincial engineer, a representative from
the Department of Human Settlements and Urban Development
(DHSUD), a representative from a private sector engaged in subdivision
and housing development, a representative from a people’s organization
interested in socialized housing development, and a representative from
a non-governmental organization (NGO) interested in socialized
housing development, as members: Provided, That the representatives
from the last three (3) entities should be operating in the province
concerned;

(2) The city mayor shall head the city housing board as the
chairperson; the vice mayor as the vice chairperson; and the
chairperson of the sangguniang pantungsod committee on housing and
urban development or its equivalent, the city planning and development
coordinator, the city engineer, a representative from the Department of
Human Settlements and Urban Development (DHSUD), a
representative from a private sector engaged in subdivision and housing
development, a representative from a people’s organization interested
in socialized housing development, and a representative from a non-
governmental organization (NGO) interested in socialized housing
development, as members: Provided, That the representatives from the


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last three (3) entities should be operating in the city concerned;

(3) The municipal mayor shall head the municipal housing
board as the chairperson; the vice mayor as the vice chairperson; and
the chairperson of the sangguniang bayan committee on housing and
urban development or its equivalent, the municipal planning and
development coordinator, the municipal engineer, a representative from
the Department of Human Settlements and Urban Development
(DHSUD), a representative from a private sector engaged in subdivision
and housing development, a representative from a people’s organization
interested in socialized housing development, and a representative from
@ non-governmental organization (NGO) interested in socialized
housing development, as members: Provided, That the representatives
from the last three (3) entities should be operating in the municipalities
concerned.

Provinces, cities, and municipalities which have existing
housing boards shall continue to maintain such offices and shall
incorporate the provisions of this Title to their existing mandate.

SEC. 105-B. Powers and Functions. - the Board shall have the
following powers and functions:

(1) Formulate, develop, and recommend to the sanggunian
concerned policies, directives, rules, and regulations, consistent with
laws, as it may deem necessary, on the provision of socialized housing
programs and the observance of the right of the informal settlers to just
and humane evictions and demolitions;

(2) Prepare the local Comprehensive Land Use Plan (CLUP)
mandated under Section 20(c) of this Code, which shall include a
socialized housing program in coordination with the local development
council, DHSUD, and other concerned local offices and government
agencies:

Provided, That in the case of a city housing board, it shall include
an in-city resettlement plan in its CLUP. However, when in-city
resettlement is impracticable or impossible, it shall instead include a
near-city resettlement plan. Where near-city resettlement is not feasible
or is impracticable, a near-city resettlement plan shall be formulated
by the Board: Provided further, That where near-city resettlement is


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impracticable or impossible, it shall include an off-city resettlement
plan;

(3) Conduct adequate and genuine public hearings or
consultations with the relevant stakeholders to afford them the
opportunity to be heard and to participate in the decision-making
process over the local socialized housing program and other matters
involving the protection and promotion of their legitimate collective
interests;

(4) Designate at least one (1) representative to their respective
local development councils: Provided, That said representative is not
already a member of the council;

(3) Through the local chief executive, submit to the President
and the Congress of the Philippines an annual report, as provided in
Section 41 of R.A. No. 7279; and

(4) Perform other related functions established by law or
ordinance as necessary to implement the mandate of local government
units (LGU).

SEC. 105-C. Local Housing Office; Creation; Functions. - There
shall be created a Local Housing Office in all provinces, cities, and
municipalities, which shall become a regular office under the local
government unit and serve as the implementing arm of the Board. Local
Housing Offices shall have the following functions:

(1) Assist in the creation of the local CLUP;

(2) Oversee and coordinate government activities relative to
consultation, relocation, and resettlement of informal settlers in cases
where evictions and demolitions affecting them are necessary and
allowed by existing laws;

(3) Ensure that the balanced housing requirements, as
provided in Section 18 of R.A. No. 7279 and its implementing rules and
regulations are implemented and enforced;

(4) In coordination with other offices within the LGU, monitor
the nature and progress of land development of projects that the Board
has approved, as well as housing construction in the case of house and
lot packages, to ensure their faithfulness to the approved plans and
specifications thereof, and impose appropriate measures to enforce


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compliance therewith;

(5) Conduct an inventory of all lands within their respective
localities, and update the same every three (3) years, in accordance with
Section 7 of R.A. No. 7279 and guidelines issued for the purpose;

(6) Identify the sites for socialized housing, subject to the
requirements prescribed by Section 8 of R.A. No. 7279 and guidelines
issued for the purpose;

(7) Ensure the registration of underprivileged and homeless
informal settlers within its jurisdiction as socialized housing
beneficiaries under Sections 16 and 17 of R.A. No. 7279: Provided, That
the Local Housing Office shall assume the functions of provincial, city,
or municipal registration committees as constituted under the
implementing rules and regulations of the same sections;

(8) Ensure the prevention or proliferation of professional
squatters and squatting syndicates within its jurisdiction;

(9) Ensure the enforcement of laws, policies, and programs on
housing and shelter as provided for under laws, and such directives,
rules, and regulations, adopted by the Board;

(10) Assist in the organization of housing and shelter
cooperatives, associations, or organizations in establishing linkages
with government agencies and NGOs involved in the promotion and
integration of shelter development and generation, taking into account
the livelihood of the people and other community activities;

(11) Provide technical and other forms of assistance to existing
housing associations or cooperatives to enhance their viability as
economic enterprises and social organizations;

(12) Coordinate with = government agencies ~— and
instrumentalities performing functions that may affect housing and
urban development; and

(13) Perform other duties and functions as may be prescribed
by law or ordinance.

SEC. 105-D. Socialized Housing Program. - The Board shall
prepare socialized housing programs, and it shall comprehensively
detail how the LGU intends to resettle its registered informal settlers:
Provided, That in the case of a city housing board, it shall formulate


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and implement socialized housing programs within its jurisdiction,
except when in-city resettlement is impracticable or impossible.
Provided further, That a city housing board must include its socialized
housing program in its CLUP.

‘The LGU shall consider the following factors in its preparation of
the socialized housing program:

(1) The inclusion of potable water; adequate power distribution
system; and adequate sewerage facilities in every socialized housing
unit;

(2) The proximity to the socialized housing location and access of
the beneficiaries to basic services such as health, education,
communications, security, public transportation, recreation, relief, and
welfare;

(3) The proximity to the socialized housing location and access of
the beneficiaries to areas with employment opportunities;

(4) The integration to the socialized housing infrastructures of
appropriate disaster risk reduction management and climate change
adaption standards; and

(5) Such other factors that may be relevant in improving and
uplifting the conditions of the informal settlers.

SEC. 105-E. Local Housing Officer. - The Local Housing Office
shall be headed by a Local Housing Officer who shall be a career official.
Such person must be a citizen of the Philippines, a resident of the LGU
concerned, of good moral character, and a holder of a bachelor’s degree
in public administration, urban planning, civil engineering, economics,
development studies, or other related degrees. Such person must have
at least five (5) years of experience in case of provinces and cities, and
three (3) years of experience in case of municipalities, either in housing
development projects, organization of housing associations or
cooperatives, management and operation of housing and shelter
programs or such other related activities.

SEC. 105-F. Meetings and Quorums. - (a) The Board shall have
its meeting at least once a month or as often as may be deemed


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necessary.

(b) The presence of the chairperson or the vice chairperson and
a majority of the members of the Board shall constitute a quorum.
Special meetings may be called by the chairperson or a majority of the
members when situations so warrant. The Board shall reach decisions
through an affirmative vote of the majority of the members.

SEC. 105-G. Compensation and Remuneration. - The chairman,
vice chairman, and members of the Board shall perform their duties
without compensation or remuneration. Members who are not
government officials or employees shall be entitled to necessary
traveling expenses and allowances chargeable against the funds of the
local housing board concerned, subject to existing accounting and
auditing rules and regulations.

SEC. 4. 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. 5. 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. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or a newspaper of general circulation.

Approved,

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