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Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City 3
SEVENTEENTH CONGRESS tum og
First Regular Session jail
HOUSE BILLN@791

Introduced by Rep. Winston “Winnie”Castelo

EXPLANATORY NOTE

A series of fires gutted down highly populated areas in Quezon City thereby dislocating
a significant number of victim-families whose lives, house, and other properties were
razed by fire of often un-validated origin or cause.

Apparently, an emerging scenario show some property owners, without appropriate
court order, fence, secure or acquire immediately after the fire the area inhabited by
formal settlers thus placing them in much more humiliating conditions of misfortune and
uncertainty.

Indeed, when an area or property that used to be the place of residence to many urban
poor families will be automatically cordoned off to prevent informal settlers from
‘occupying them again raises serious constitutional issues worthy of review.

In this light, the immediate passage of this bill is earnestly sought since many urban
poor families, easily in the millions might be adversely affected if owners of otherwise
idle, unproductive lands or property can automatically secure for themsetve

absolute use of the same to the detriment of a general population.



Republic of the Philippines
HOUSE OF REPRESENTATIVES

SEVENTEENTH CONGRESS
First Regular Session

3791

HOUSE BILL NO.

Introduced by Rep. Winston “Winnie”Castelo

F AN ACT
PROHIBITING PERIMETER FENCING, SECURING, AND ACQUIRING AREA OF
PROPERTY OCCUPIED BY INFORMAL SETTLERS AFTER A FIRE UNTIL CASE IS
PENDING IN COURT AND FOR OTHER PURPOSES

Be it enacted in the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled"

SECTION 1. Short Title. — This Act shall be known as “Informal Settlers
Protection Act of 2016.”

SEC. 2. Declaration of Policy. ~ The State recognizes that the maintenance of
peace and order, the protection of life, liberty and property, and the promotion of the
general welfare are essential to the enjoyment by all the people of the blessings of
democracy.

SEC. 3. Prohibition. — Any person is prohibited to fence a perimeter over an area
or property inhabited by informal settlers after the same is gutted by fire or otherwise
secure and acquire it without cause until case is pending in court.

SEC. 4. Exception . — However, exceptions may be made if the owner of such
area or property or its purported owner can show a duly-signed court order allowing
fencing, securing, and acquiring the same.

SEC. 5. Penalties. — Any violation of this Act shall be punished accordingly by
judgment of competent court.

SEC. 6. Separability Clause. — If any provision of this Act is declared
unconstitutional, other provisions hereof not affected thereby shall continue to be in full
force and effect.

SEC. 7. Repealing Clause. - Any law, decree, rule and regulation which may be
inconsistent with or contrary to the provisions of this Act is hereby amended or
repealed.

SEC. 8. Effectivity Clause. - This Act shall take effect upon its publication in the
Official Gazette or in at least two (2) newspapers of general circulation

Approved,