Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

~ 3520

HOUSE BILL NO.

Introduced by Representative Ivan Howard A. Guintu

EXPLANATORY NOTE

On November 8, 2013, Super Typhoon Yolanda (Haiyan), made landfall in the
Philippines causing damage and destruction to several provinces in the Philippines. Typhoon
Yolanda damaged 1.14 million houses and triggered the evacuation of more than million
families or about 5.13 million individuals. Many families were displaced and left homeless.

To help address the displacement caused by Typhoon Yolanda, on October 28, 2014,
President Benigno Aquino III signed Administrative Order No. 44 Series of 2014 (A.O. No.
44-14) entitled “Streamlining the process of issuance of permits, certifications, clearances and
licenses for housing and resettlement projects in Yolanda-affected areas, directing all
government agencies concerned to observe the same and imposing sanctions for non-
compliance.” A.O. No. 44-14 provided for a streamlined process for the issuance of housing-
related permits to expedite the resettlement program after the destruction caused by Super
Typhoon Yolanda.

On December 16, 2021, Super Typhoon Odette (Rai) made landfall in the Philippines.
It displaced nearly 3 million people. A total of 1.9 million houses were damaged with 427.000
totally damaged?

1 Looking back at Super Typhoon Yolanda’s onslaught in 2013, Catherine Gonzales. INQUIRER.net
November 8, 2020. hitps://newsinfo.inquirer.nct/13$7898/in-photos-looking-back-at-super-typhoon-yolandas-
conslaught-in-201 3#ixzz7agifPuMD

? Philippines: Super Typhoon Rai (Odette) - Situation Report No. 4 (As of 11 February 2022). UN Office for
the Coordination of Humanitarian Affairs. February 11, 2022
hups://reliefweb.int/teport/phitippines’philippines-super-typhoon-rai-odete-situation-report-no-
2022

1 1-february-



Just recently, on July 27, 202
epicenter in the province of Abra. It caused damage and destruction to at least 2
schools and other buildings.*

a magnitude 7 earthquake struck Luzon with the
.901 homes.

The Philippines is constantly vulnerable to natural disasters and calamities due to its
geographic location and features. At times of calamities, especially when people are displaced
and left homeless, tedious bureaucratic processes and red tape should not serve as a hindrance
to swift and quick action by the government and its partners in providing for housing and
resettlement programs to affected households and individuals.

Thus, this bill seeks to institutionalize the streamlined process of issuance of permits,
certifications, clearances and licenses for housing and resettlement projects under A.O. No. 44-
14 by making it generally applicable to housing and resettlement projects in disaster-affected

areas.

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

wer Risk

3 Situational Report No. 6 for Magnitude 7 Earthquake in Tayum Abra (2022). National Di
Reduction and Management Council, August 1, 2022.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

“Vo, 3920

HOUSE BILL NO.

Introduced by Representative Ivan Howard A. Guintu

AN ACT
STREAMLINING THE PROCESS OF ISSUANCE OF PERMITS,
CERTIFICATIONS, CLEARANCES AND LICENSES FOR HOUSING AND
RESETTLEMENT PROJECTS IN DISASTER-AFFECTED AREAS AND IMPOS!
SANCTIONS FOR NON-COMPLIANCE

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Definition of Terms. — As used in this Act:

a) Disaster refers to a serious disruption of the functioning of a community or a society
involving widespread human, material, economic, or environmental losses and impact,
which exceeds the ability of the affected community or society to cope using its own
resources. Disasters are ofien described as a result of the combination of the exposure
to a hazard; the conditions of vulnerability that are present; and insufficient capacity or

measures to reduce or cope with the potential r Disaster impacts

tive consequen

clude loss of life, injury. disease, and other negative effects on human, physical.

mental, and social well-being, together with dam:
Joss of services, social and economic disruption,

to property, destruction of assets.
nd environmental degradation;

b) State of Calamity refers to a condition involving mass casualty and/or major damages
to property, disruption of means of livelihoods, roads and normal way of life of people
in the affected areas as a result of the occurrence of natural or human-induced hazard

SEC. 2. Designation of Agency Representatives. Upon the declaration of a State of
Calamity by the President or by a local sanggunian by virtue of Section 16 of Republic Act
No. 10121, the following agencies shall designate responsible officers for each disaster-
affected province and delegate to them sufficient authority to facilitate the processing and
issuance of necessary permits, certifications, clearances and licenses for housing and



resettlement projects in the concerned provinces within the prescribed period under Section 3
of this Act:

Department of Human Settlements and Urban Development (DHSUD);
National Housing Authority (NHA);

Department of Environment and Natural Resources (DENR);
Mines and Geosciences Bureau (MGB);

Environmental Management Bureau (EMB):

Department of Agriculture (DA);

Department of Agrarian Reform (DAR);

Department of Science and Technology (DOS):

Land Registration Authority (LRA);

Department of Interior and Local Government (DILG): and
k. Other agencies as may be identified by DHSUD.

pe eos

rp

SEC. 3. Time Periods. The head of agencies, or their designated signatory, and LGUs
shall dispose of housing-related certification, clearance. permit or license within the time
periods prescribed below

Agency Permit/ Clearance/ Timeline
Certification/ License (working days)

a. Mines and Geosciences Bureau (MGB) Geohazard Report 2 days

b. Philippine institute of Voleanology and PHIVOLCS Assessment 2 days

Seismology (PHIVOLCS)

¢, Department of Science and Technology DOST Assessment 2 days
(DOST)

d. Housing and Land Use Regulatory Zoning Certification 2 days
Board (HLURB) or Local Zoning

Administrator

e, Municipal Agrarian Reform Office MARO clearance 2 days


£, Municipal/City Council Sanggunian Resolution 10 days
Approving Land
Reclassification

g. National Irrigation Administration Irrigation Clearance 2 days
(NIA) Certification

h. Sugar Regulatory Authority (SRA) SRA Clearance Certification 2 days

i. Philippine Coconut Authority (PCA) PCA Clearance Certification 2 days

j. Department of Environment and Certification that site is 3 days
Natural Resources outside National Integrated
Protected Area System

k. Department of Environment and Approval of subdivision 10 days

Natural Resources (DENR) plans
1, Department of Agriculture (DA) Certification of Eligibility for 10 days
Conversion for Agricultural
Lands
m, Department of Agrarian Reform Order of Land Conversion 10 days
(DAR)
n. Environmental Management Bureau Environmental Compliance 10 days
(EMB) Certificate
©, Local Government Unit (LGU) Development Permits 15 days
p. Bureau of Internal Revenue (BIR) Certificate of Tax Exemption 30 days

for So
Projects

zed Housing

‘The DHSUD may identify other housing-related certification, clearance, permit or
license and prescribe the time period for the disposition of the same.

SEC. 4. Power of the President to Waive Housing-Related Certification, Clearance,
Permit or License. The President shall have the power to waive housing-related certification,
clearance, permit or license enumerated under Section 3 of this Act for housing and



resettlement projects in disaster-affected provinces under a State of Calamity during the entire
duration of the State of Calamity and within one (1) year after the lifting thereof.

SEC. 5. DHSUD as Lead Agency. The DHSUD shall act as the lead agency in the
implementation of the streamlined approval process as described in this Act.

SEC. 6. Sanctions. In case the responsible officers of the concerned agencies fail or
refluse to comply with the provisions of this Act, said officers shall, in accordance with civil
service laws, rules and regulations, be liable for administrative sanctions.

SEC. 7. Implementing Rules and Regulations (IRR). — Within six (6) months from
the effectivity of this Act, the DHSUD, in coordination with the relevant agencies, shall issue
the necessary rules and regulations to implement the provisions of this Act.

SEC. 8. Separability Clause. — If, for any reason, any section, subsection, clause or
term of this Act is held invalid or unconstitutional, such parts not affected by such declaration
shall remain in full force and effect.

SEC. 9. Repealing Clause. ~ All existing laws, orders, decrees, rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby amended. modified or
repealed accordingly.

SEC. 10. Effectivity. ~ This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,