TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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)
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SENATE
70
25 JUL-3 P3 -42
S. B. No.
Intrcxjuced by Senator Rodante D. Marcoleta
AN ACT
EXEMPTING THE UNDERPRIVILEGED AND HOMELESS FROM THE 
REQUIRED PAYMENT OF SUPERSEDEAS BOND TO PERFECT AN APPEAL IN 
RELATION TO EJECTMENT CASES FILED AGAINST THEM, AMENDING FOR 
THE PURPOSE REPUBLIC ACT NO. 7279 OTHERWISE KNOWN AS THE 
URBAN DEVELOPMENT HOUSING ACT
EXPLANATORY NOTE
As President Magsaysay once said, "Those who have less in life should have 
more in law." No less than the 1987 Constitution itself embraces this principle, as the 
State itself is required to "promote social justice in all phases of national development" 
under Article II, Section 10.
More specifically for the urban poor. Article XIII, Section 9 of the 1987 
Constitution provides the State to constitute "a continuing program of urban land 
reform and housing which shall make available at affordable cost decent housing and 
basic services to underprivileged and homeless citizens in urban centers and 
resettlement areas. X x x". Section 10 of the same Article likewise commands that the 
"Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, 
except in accordance with law and in a just and humane manner".
Republic Act No. 7279 (RA 7279), otherwise known as the "Urban Development 
and Housing Act of 1992" was enacted primarily to uplift the conditions of the 
underprivileged and homeless citizens in urban areas and in resettlement areas by 
making available to them decent housing at affordable cost, basic services, and 
employment opportunities. Section 28 of RA 7279 provides for the situations when


eviction and demolition shall be allowed. Among others, eviction and demolition shall 
be allowed "when there is a court order."
Following the principle of social justice, this bill seeks to amend Section 28(c) 
of RA 7279 by emphasizing that the "court order" referred to therein shall apply only 
to final and executory judgments. Additionally, the proposed measure exempts 
underprivileged and homeless citizens from paying the required supersedeas bond to 
perfect an appeal. This means that indigent families who are in danger of eviction but 
have no capacity to post the required supersedeas bond may still stay the execution 
of judgment and seek timely remedies without fear of losing their homes.
In view of the foregoing, the immediate approval of this measure is earnestly
sought.
RODANTE D. MARCOLETA


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TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
)
)
SENATE 
S. B. No. 70
25 JUL -3 P3 :42
Intrcxiuced by Senator Rodante D. Marcoleta
AN ACT
EXEMPTING THE UNDERPRIVILEGED AND HOMELESS FROM THE 
REQUIRED PAYMENT OF SUPERSEDEAS BOND TO PERFECT AN APPEAL IN 
RELATION TO EJECTMENT CASES FILED AGAINST THEM, AMENDING FOR 
THE PURPOSE REPUBLIC ACT NO. 7279 OTHERWISE KNOWN AS THE 
URBAN DEVELOPMENT HOUSING ACT
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
Section 1. Paragraph (c) of Section 28 of Republic Act No. 7279 is hereby amended 
to read as follows:
"Sec. 28. Eviction and Demolition. - Eviction or demolition as a practice 
shall be discouraged. Eviction or demolition, however, may be allowed 
under the following situations:
X X X
(c) When there is a court order for eviction and demolition[.] BASED 
ON A FINAL AND EXECUTORY JUDGMENT: PROVIDED, 
HOWEVER, THAT IN CASES OF EVICTION AND DEMOLITION 
INVOLVING UNDERPRIVILEGED AND HOMELESS CITIZENS AS 
DEFINED UNDER THIS ACT, THEY MAY PERFECT AN APPEAL 
WITHOUT THE NECESSARY SUPERSEDEAS BOND. A 
CERTIFICATE OF INDIGENCY DULY ISSUED BY THE 
BARANGAY, OR OTHER ANALOGOUS DOCUMENTS THEREIN,
MAY BE ACCEPTED BY THE COURTS IN LIEU OF THE REQUIRED 
BOND. THE APPEAL TOGETHER WITH THE CERTIFICATE OF 
INDIGENCY OR ITS EQUIVALENT DOCUMENT OR DOCUMENTS


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SHOULD BE SUFFICIENT FOR THE COURTS TO STAY THE 
EXECUTION OF JUDGMENT.
X X X."
Sec. 2. Repealing Clause. - All laws, presidential decrees, executive orders, letters 
of instructions, administrative orders, proclamations or administrative regulations that 
are inconsistent with the provisions of this Act are hereby repealed, amended, or 
modified accordingly.
Sec. 3. Effectivity. - This Act shall take effect fifteen (15) days following its 
complete publication in the Official Gazette or in a newspaper of general circulation.
Approved,