Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PRESCRIBING A JUST AND HUMANE CODE OF CONDUCT FOR THE 
RESETTLEMENT OF UNDERPRIVILEGED AND HOMELESS CITIZENS, 
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND 
APPROPRIATING FUNDS THEREFOR 
EXPLANATORY NOTE 
The State has the mandate and responsibility to implement a land and 
housing reform program and to protect the rights of urban and rural poor 
tenants as enshrined in Article XIII of the 1987 Philippine Constitution: 
“Section 9. The State shall, by law, and for the common 
good, undertake, in cooperation with the private sector, a 
continuing program of urban land reform and housing which will 
make available at affordable cost decent centers and resettlement 
areas. It shall also promote adequate employments of such 
programs that the Senate shall respect the rights of small property 
owners.”  
“Section 10. Urban and rural poor dwellers shall not be 
evicted nor their dwellings demolished, except in accordance with 
law and in a just and humane manner. 
No resettlement of urban or rural dwellers shall be 
undertaken without adequate consultation with them and the 
communities where they are to be located.” 
Thus, Republic Act No. 7279 or the “Urban Development and Housing 
Act of 1992” was enacted into law. However, current laws and policies on 
November 7, 2022
8:30 am
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housing lack the emphasis on providing proper enforcement of a just and 
humane code of conduct for the resettlement of informal settler families (ISFs). 
Opportunities for proper resettlement are often replaced by violent dispersals 
and displacements 
without due 
recognition 
of 
the 
rights 
of 
the 
underprivileged, the homeless, and the poor. 
This bill seeks to prescribe a just and humane code of conduct for the 
resettlement of underprivileged and homeless citizens, and to prohibit unjust 
eviction of informal settler families or demolition of the structures they live in 
or any appurtenance thereto. 
In view of the foregoing, the immediate passage of this bill is earnestly 
sought. 
REP. PM VARGAS 
Fifth District, Quezon City


Republic of the Philippines 
House of Representatives 
Quezon City, Metro Manila 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _______ 
INTRODUCED BY REP. PM VARGAS 
AN ACT 
PRESCRIBING A JUST AND HUMANE CODE OF CONDUCT FOR THE 
RESETTLEMENT OF UNDERPRIVILEGED AND HOMELESS CITIZENS, 
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND 
APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “Just and Human 
Resettlement Act”.  
SECTION 2. Declaration of Policy. – Pursuant to Section 9, Article XIII of 
the Constitution, the State shall ensure that underprivileged and homeless 
citizens have access to adequate, safe, secure, habitable, sustainable, 
resilient, and affordable housing. 
Pursuant to Section 10, Article XIII and Section 10, Article II of the 
Constitution, the State shall neither evict nor demolish informal settler 
families, except in accordance with law,  in a just and humane manner, and 
shall promote social justice in all phases of national development.  
The State shall, by law and for the common good, undertake in cooperation 
with the private sector a continuing program of housing and urban 
development which shall make available decent housing and basic services at 
affordable cost to underprivileged and homeless citizens in urban centers and 
resettlement areas. 
In addition, the State shall encourage on-site development in the 
implementation of housing programs and shall promote the creation of new 
settlements and the development of sustainable urban renewal programs 
while guaranteeing the preservation of agricultural lands necessary for food 
security. 
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The State shall encourage more effective people’s participation in the urban 
development process through a mechanism of adequate and genuine 
consultation in all stages of the relocation and resettlement process with the 
affected communities, which should include a space for children, women, and 
other marginalized groups.  
 
SECTION 3. Definition of Terms. – As used in this Act, the following terms 
are defined as follows: 
a. Adequate and Genuine Consultation. – refers to the constitutionally 
mandated process whereby the public, on their own or through people's 
organizations, is provided an opportunity to be heard and to participate 
in the decision making process on matters involving the protection and 
promotion of its legitimate collective interest, which shall include the 
following: 
 
1) Effective dissemination and full access to the public of relevant 
information, plans and documents, including - but not limited to 
- land records, housing budgets, the proposed plan or project, 
alternative 
housing 
options, 
technical 
studies, 
and 
comprehensive resettlement plans; 
2) Reasonable time, which shall not be less than thirty (30) days, for 
the public to review, comment, and object to the plans and 
studies; 
3) Provision by the government or non-government organizations of 
legal, technical, and other appropriate advice to affected persons, 
households, and/or organizations on their rights and options; 
4) Separate sessions of open and public consultations with affected 
households in general and affected subsectors in particular, 
including but not limited to women, children, youth, senior 
citizens, persons with disabilities (PWDs), workers, farmers, 
fisherfolk, and lesbians, gays, bisexuals, and transgender 
persons (LGBT); 
5) Public hearings that provide affected ISFs and their advocates 
with opportunities to challenge the eviction decision or present 
alternative proposals and to articulate their demands and 
development priorities; and 
6) The conclusion of any mediation, arbitration, or adjudication 
proceedings by an independent body vested with constitutional 
authority such as a court of law, when appropriate and availed 
of, in case no agreement is reached on the proposals of the 
concerned parties. 
 
b. Danger Area -  Refers to areas which, when occupied for residential 
purposes, actually pose a danger to the life and safety and property of 
either the concerned residents or of the general community. The danger 
is due to an unavoidable source of probable harm to human life or well-
being. 
 


c. Demolition - Refers to the dismantling by the LGU, or any legally 
authorized agency of government, of all structures within the premises 
subject for clearing. 
 
d. Eviction - Refers to the removal of persons and their belongings from a 
subject building/structure or area, or both, in accordance with law. 
 
e. High Risk Area – An area which poses a high level of threat to the public 
welfare and safety that cannot be addressed through scientific, physical 
and engineering methods and, thereby, is unsuitable for settlement and 
permanent structures.  
 
f. Informal Settler Families (ISF) –refers to individuals or households 
living in any of the following places: 
 
1) Lots, buildings, dwelling units, or other structures without the 
consent of the property owner; 
2) Danger areas; 
3) Areas for government infrastructure projects; 
4) Protected or forest areas, except for indigenous peoples; 
5) Areas for priority development as declared under Proclamation 
No. 1967, series of 1980, if applicable; 
6) Government or public lands or facilities not intended for human 
habitation; or 
7) Any other places, after being displaced due to natural or man-
made hazards. 
 
g. People’s Plan. – refers to the plan formulated and initiated by the 
beneficiary associations, with the assistance of the concerned 
government agencies, in cooperation with the Presidential Commission 
for the Urban Poor, with or without the support of CSOs, which shall 
contain a site development plan that conforms to standards of adequate 
housing and to the comprehensive land use plan of the local 
government unit under whose jurisdiction the project site is proposed 
to be located, including architecture and engineering house design, 
community health, sanitation and security plans, as well as 
nonphysical development components such as self-help development, 
capability building, and a system of allocation of socialized housing 
units. The formulation of and the resulting plan should promote and 
protect the welfare of women, children, persons with disabilities, and 
senior citizens. 
 
h. Social Preparation – Refers to the series of activities designed to prepare 
the affected ISFs to cope with the changes brought about by government 
infrastructure or development projects and to encourage them to 
actively participate and prepare their societal, community and personal 
responsibilities in their quest for tenurial security, human development 
and basic services, employment and livelihood, and other government 
programs for the ISF. 


 
SECTION 4. Coverage. – This law shall apply in all cases of demolition or 
eviction, whether undertaken by the government or private individuals or 
entities, and whether ordered by the courts or otherwise. 
 
SECTION 5. Policy on Eviction and Demolition. – As a general rule, any 
eviction of informal settler families or demolition of the structures they live in 
or any appurtenance thereto shall be prohibited.  
 
SECTION 6. Exceptions. – Eviction of informal settler families or demolition 
of the structures they live in or any appurtenance thereto shall be allowed 
only in the following exceptional cases: 
 
a. When ISFs occupy a danger area, such as esteros, railroad tracks, 
garbage dumps, riverbanks, shorelines, waterways, and other public 
places such as sidewalks, roads, parks, and playgrounds, or a high risk 
area which poses a high level of threat to public welfare and safety that 
cannot be addressed through or remedied by scientific, physical and 
engineering methods and, thereby, is unsuitable for settlement and 
permanent structures: Provided, that an area can only be declared as a 
danger area or high risk area through an appropriate technical study, 
adequate and genuine public consultation with the affected persons or 
entities, and certification by the appropriate government agency. It shall 
be the duty of the province and the city or municipality, after one 
hundred twenty (120) days from the effectivity of this Act, to conduct 
the technical studies and public consultations necessary to identify all 
danger and high risk areas within their respective jurisdictions.  
 
b. When government infrastructure projects with available funding are 
about to be implemented: Provided, that evictions or displacements of 
population due to any development project or business venture 
involving the government should be avoided or minimized: Provided, 
further, that if eviction is unavoidable under the circumstances, the 
government shall conduct a comprehensive and holistic impact 
assessment, before the project is implemented, to determine whether 
the project will serve the public interest and to explore alternatives and 
strategies to minimize harm and further violation of human rights of 
the affected communities, particularly children, women and other 
marginalized groups: Provided, finally, that the agency which seeks to 
implement the eviction or demolition shall establish the budget 
pertaining to it upon its application to the Presidential Commission for 
the Urban Poor for an eviction or demolition certificate of compliance; 
and  
 
c. When there is a court order for eviction and demolition: Provided, 
however, that no execution of eviction or demolition order shall proceed 
and be carried out during the pendency of an appeal, notwithstanding 
the failure to file a supersedeas bond to stay the execution of the order 
if the appellant is an underprivileged and homeless citizen. 


 
SECTION 7. Mandatory Requirements Before, During, and After the 
Conduct of Eviction or Demolition. – No eviction or demolition involving 
ISFs shall be executed without full compliance with the following mandatory 
requirements to uphold human dignity and prevent any violation of human 
rights: 
 
a. Before Eviction or Demolition  
 
1) Conduct of social preparation activities related to asset reform, 
human development and basic services, employment, and 
livelihood, and other programs of the government for both the 
affected underprivileged and homeless citizens and the affected 
families of the place where the former will be relocated. Provided, 
that, separate social preparation activities shall be conducted on 
matters relating to the promotion and protection of their right to 
development, survival, protection and participation for children 
of both communities.  
 
2) Notice served upon the affected persons or entities at least thirty 
(30) days prior to the date of eviction or demolition;   
 
3) Adequate and 
genuine 
consultations 
on 
the 
matter of 
resettlement with the duly designated representatives of the 
families to be resettled and the affected communities in the areas 
where they are to be relocated: PROVIDED, that a consultation in 
the form of an inter-agency pre-eviction or pre-demolition 
conference with the affected underprivileged and homeless 
citizens shall be convened by the national government agency or 
local government unit authorized to evict or demolish and the 
same shall be complied with under the following conditions: 
 
i. 
The local Philippine National Police Personnel, whose 
function is to provide law enforcement and civil 
disturbance control but not to participate in the physical 
dismantling of any structure, shall actively participate in 
the consultation process and their role shall be clearly set 
forth;  
 
ii. 
The following agencies shall be represented during the 
inter-agency pre-eviction or pre-demolition conference with 
the affected underprivileged and homeless citizens: 
 
a. The 
Department 
of 
the 
Interior 
and 
Local 
Government (DILG); 
b. The Department of Social Welfare and Development 
(DSWD); 
c. The Department of Education (DepEd); 


d. The Department of Public Works and Highways 
(DPWH); 
e. The Department of Human Settlements and Urban 
Development (DHSUD); 
f. The National Housing Authority (NHA); 
g. The Department of Health (DOH); 
h. The Presidential Commission for the Urban Poor 
(PCUP); 
i. The Commission on Human Rights (CHR); 
j. The Philippine Commission on Women (PCW); 
k. The Council for the Welfare of Children (CWC); 
l. Appropriate Key Shelter Agencies; 
m. Representatives from non-government organizations 
and/or people’s organizations working for the 
interest of the informal settler families; and 
n. The concerned local government units. 
 
If the conference is convened by the local government, the 
PCW and CWC shall be replaced by the Local GAD Focal Point 
System and the Local Council for the Protection of Children 
representatives, respectively, of the concerned LGUs. 
 
iii. 
The inter-agency pre-eviction or pre-demolition conference 
with the affected underprivileged and homeless citizens 
shall be presided by the Presidential Commission for the 
Urban Poor, which may call on the assistance of other 
agencies whenever necessary;  
 
iv. 
A plan for eviction or demolition shall be formulated during 
the inter-agency pre-eviction or pre-demolition conference, 
setting forth clear procedures that will be implemented 
during the eviction or demolition in order to prevent any 
human rights violation;  
 
v. 
The details of the inter-agency pre-eviction or pre-
demolition conference with the affected underprivileged 
and homeless citizens shall be documented or recorded, 
and a summary of the points of the agreements arrived at 
as well as the disagreements shall be considered and given 
weight by the inter-agency body in coming up with a 
decision on matters relating to the conduct of eviction or 
demolition: Provided, that copies of the documentation and 
summary shall be provided to all the stakeholders present 
three (3) days after the pre-eviction or pre-demolition 
conference;  
 
vi. 
The inter-agency pre-eviction or pre-demolition conference 
with the affected underprivileged and homeless citizens 
shall be conducted after seven (7) days from service of 


notice of eviction or demolition upon the affected persons 
and entities; and 
 
vii. 
Any request for police assistance shall be accompanied by 
a certification from the Presidential Commission for the 
Urban Poor that an inter-agency pre-eviction or pre-
demolition conference with the affected underprivileged 
and homeless citizens was conducted.  
 
4) Submission to the Barangay Officials, before any eviction or 
demolition, of the following:  
 
i. 
Certificate 
of 
Compliance 
secured 
from 
the 
Presidential Commission for the Urban Poor; 
ii. 
Names of all personnel, staff, and crew taking part in 
the eviction or demolition activity, including private 
security, and the names of the Philippine National 
Police Personnel assigned to maintain law and order; 
iii. 
Notice of the date of demolition which shall be at 
least five (5) calendar days from such notice; and 
iv. 
List of officers of the agencies forming part of the 
inter-agency body convened to extend support and 
assistance.  
 
b. During Eviction and Demolition.  
 
1) Reading of the plan of eviction or demolition agreed upon during 
the inter-agency pre-eviction or pre-demolition conference; 
2) Presence of local government officials or their representatives 
during eviction or demolition;  
3) Proper identification of all persons taking part in the demolition; 
4) Execution of eviction or demolition only during regular office 
hours from Mondays to Fridays and only during good weather, 
unless the affected families consent otherwise; 
5) No use of heavy equipment for demolition except for structures 
that are permanent and made of concrete materials; 
6) Proper uniforms and identification shall be worn by  members of 
the Philippine National Police who shall occupy the first line of 
law enforcement and observe proper disturbance control 
procedures: Provided, that the PNP, in coordination with the 
DSWD, shall ensure the safety and security of the affected 
children, pregnant and lactating mothers, senior citizens, 
persons with disabilities, and other groups or marginalized 
sectors in the areas of eviction or demolition; 
7) Observance of a minimum standard of conduct - based on rules 
of engagement - that applies maximum tolerance in order to 
prevent the outbreak of violence or the escalation thereof: 
Provided, that any legal use of force must respect the principles 
of necessity and proportionality: Provided, further, that the child 


protection policy in the conduct of eviction or demolition shall be 
implemented; 
8) Measures to protect the evictees from threats or harassment from 
the government or private persons or entities, including gender-
based violence: Provided, that legal assistance shall be made 
available to any complaining party; and 
9) Transparency in all stages of the eviction or demolition process, 
including allowing the media to cover the whole event. 
 
c. After Eviction or Demolition 
 
1) Adequate housing and relocation, whether temporary or 
permanent: Provided, that in cases of eviction and demolition 
pursuant to a court order involving underprivileged and homeless 
citizens, relocation shall be undertaken by the local government 
unit concerned and the National Housing Authority with the 
assistance of other government agencies within forty-five (45) 
days from the service of notice of final judgement by the court, 
after which period the said order shall be executed: Provided, 
However, that should relocation not be possible within the said 
period, financial assistance in the amount equivalent to the 
prevailing and applicable minimum daily wage for non-
agricultural workers, multiplied by sixty (60) days, shall be 
extended to the affected families by the local government unit 
concerned: Provided, further, that the financial assistance shall 
not replace the requirement of adequate relocation; and 
 
2) Immediately after the eviction, all relief measures, medical 
facilities, psychosocial services, documentation of evictees to 
prevent displacement or family separation and similar assistance 
shall be put in place by the local government units concerned in 
partnership with relevant government agencies. 
 
SECTION 8. Enforcement of Mandatory Provisions. – Observance of the 
above requirements shall be mandatory in all cases involving the eviction and 
demolition of underprivileged and homeless citizens and ISFs, regardless of 
whether or not their dwellings or residential structures were constructed 
before or after the effectivity of this Act. The Department of Interior and Local 
Government and the Department of Human Settlements and Urban 
Development shall jointly promulgate the necessary rules and regulations to 
carry out the immediately preceding section. 
 
SECTION 9. Prohibiting Illegal Perimeter Fences. – It shall be prohibited 
for any person to secure or build a perimeter fence on an area or property 
inhabited by underprivileged and homeless citizens after the same is razed to 
the ground by a fire or ruined by a natural calamity: Provided, that the fencing 
of the of the property shall be allowed if the person causing the fencing can 
show a duly-signed court order allowing the same.  
 


SECTION 10. Designation of a Central Coordinating Body for Eviction, 
Demolition and Resettlement. – The Presidential Commission for the Urban 
Poor (PCUP) is hereby designated as the Central Coordinating Body for the 
conduct of eviction and demolition activities involving underprivileged and 
homeless citizens.   
 
SECTION 11. Functions of Central Coordinating Body. – The PCUP shall 
exercise the following functions:  
 
a. Monitor all evictions and demolitions, whether extrajudicial or court-
ordered, involving underprivileged and homeless citizens; 
 
b. Require any government agency or local government unit proposing to 
undertake the eviction or demolition activities to first secure  from the 
PCUP Central Office, in the case of national projects, or from its regional 
office in case of local projects, the checklist and guidelines on eviction 
or demolition for the national and local projects, respectively,  prior to 
the actual implementation thereof and, subsequently, to submit to the 
PCUP the completed checklist, attested to under oath by the proponent, 
indicating that: 
1) Adequate and genuine consultation with the affected families has 
already been undertaken; 
2) Adequate resettlement site and relocation facilities are available; 
and 
3) The pre-relocation requirements have been complied with; 
 
c. Review the basis for application for the conduct of eviction of 
underprivileged and homeless citizens or the demolition of their 
dwellings or appurtenances thereto in a danger area or high risk area, 
or in an area where a government infrastructure project with available 
funding is about to be implemented; 
 
d. Based on the completed checklist, subject to further verification and 
the review of the basis for application for eviction or demolition in the 
immediately preceding sub-paragraph, issue a demolition and eviction 
certificate of compliance to the national government or local government 
unit proposing the eviction or demolition involving underprivileged and 
homeless citizens;  
 
e. Initiate, in coordination with relevant government agencies, the 
formulation of rules of engagement in the implementation of eviction or 
demolition activities which are based on maximum tolerance and on the 
principles of necessity and proportionality; 
 
f. Establish a separate protection mechanism for children through the 
formulation of a child protection policy in the conduct of eviction and 
demolition: Provided, that the child protection policy shall be developed 
in partnership with the DSWD, CHR, and CWC, and in consultation 
with stakeholders including children; 


 
g. Investigate motu propio or upon complaint by any party any violation of 
the provisions of sections 6, 7, and 8 hereof, or the rules and regulations 
issued to implement them; 
 
h. File motu propio or by way of assistance to any aggrieved party, the 
appropriate criminal, civil, or administrative case against any person or 
persons found to have violated the provisions of subsections 6, 7, and 
8 hereof or the rules and regulations issued to implement them; 
 
i. Recommend 
to 
the 
President 
appropriate 
measures 
for 
the 
implementation and enforcement of this Act and the rules and 
regulations issued to implement it, including possible administrative 
sanctions against national or local government officials who violate the 
same; 
 
j. Require assistance and necessary information from any government 
agency in the discharge of its functions under this Act; 
 
k. Publicize matters covered by its investigation of violations of the 
provisions of sections 6, 7, and 8 hereof or the rules and regulations 
issued to implement them, when circumstances so warrant and with 
due prudence: Provided, however, that the PCUP shall, under the rules 
and regulations that shall hereafter be promulgated, determine what 
cases may be made public: Provided, further, that any public report or 
press release from the PCUP shall be balanced, fair and true; 
 
l. Administer oaths, issue subpoenas duces tecum, and take the 
testimonies of witnesses in the course of its investigation; 
 
m. Adopt its own operational guidelines and rules of procedures, as well as 
rules and regulations not otherwise inconsistent with existing laws, 
rules and regulations, to effectively carry out its mandate; and 
 
n. Perform such other functions as may hereafter be provided by law.  
 
The PCUP shall designate additional personnel to carry out its mandate. 
 
SECTION 12. Penalty for Violation. – Any person who violates sections 6, 
7, and 8 hereof shall be imposed the penalty of not less than six (6) months 
but not more than six (6) years of imprisonment or a fine of not less than 
Twenty-Five Thousand Pesos (PhP25,000.00) but not more than One Hundred 
Thousand Pesos (PhP100,000.00), or both, at the discretion of the court: 
Provided, that, if the offender is a corporation, partnership, association, or a 
government-owned or controlled corporation, or other juridical entity, the 
penalty shall be imposed on the officer or officers of said corporation, 
partnership, association, government entity, or juridical entity who caused 
the violation. 
 


SECTION 13. Appropriations. – The amount necessary to carry out the 
purpose of this Act shall be included in the annual budget of implementing 
agencies in the General Appropriations Act of the year following its enactment 
into law and every year thereafter. 
 
SECTION 14. Implementing Rules and Regulations. – Within one hundred 
twenty (120) days from the effectivity of this Act, the Department of Human 
Settlements and Urban Development, Department of the Interior and Local 
Government, and Presidential Commission for the Urban Poor shall, in 
consultation with non-government organizations, people's organizations, 
informal settler families and their organizations, and the private sector, jointly 
promulgate the rules and regulations implementing the provisions of this Act. 
 
SECTION 15. Separability Clause. – If any provision of this Act is declared 
unconstitutional, the remainder of this Act or any provision not affected 
thereby shall remain in full force and effect.  
 
SECTION 16. Repealing Clause. – All laws, executive orders, presidential 
decrees, proclamations, rules, regulations, issuances, and enactments or 
parts thereof inconsistent with this Act are hereby repealed or modified 
accordingly.  
 
SECTION 17. Effectivity. – This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in a newspaper of general circulation. 
 
Approved,