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Republic of the Philippines
Houser Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILL NO, 4642

Introduced by Honorable Evelina G. Escudero

EXPLANATORY NOTE

This bill seeks to authorize the punong barangay and the city or municipal
mayor to remove from their area of jurisdiction illegal dwelling units or
structures in danger areas such as esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways and in other public places such as sidewalks,
roads, parks, and playgrounds, ainending for the purpose Section 30 of Republic
Act (RA) No. 7279, otherwise known as the “Urban Development and Housing
Act of 1992.”

The existence of informal settlements in danger areas and other public
places is a complex social and economic problem in the Philippines. This is so
because informal settlers are afforded protection by our laws, hence, it is
difficult for authorities to remove them from the danger areas and pablic places
they occupy. This measure seeks to resolve the proliferation of informal settlers
in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks,
shorelines, waterways and other public places such as sidewalks, roads, park
and playgrounds. Being more knowledgeable and well-informed of what is
happening in and around their locality, the punong barangay and the city or
municipal mayor are in the best position to address the problem of informal
settlers in their area of jurisdiction.

At present, Section 30 of RA 7279 empowers the barangay, municipal
and city government units to prevent the construction of any kind of illegal
dwelling units or structures within their respective localities. Likewise, it
categorically states the liability of the head of any local government unit who
allows, abets or otherwise tolerates the construction of any struciure in violation
of Section 30 of RA 7279

Bill Drafting Service


This measure clearly puts the responsibility where it falls and expressly
authorizes the punong barangay and the city or municipal mayor to remove
illegal dwelling units or structures from danger arcas. This proposed bill takes
into consideration the clandestine manner that informal settlers build their
settlements. The removal of illegal dwelling units or structures already built in
danger areas and other public places shall now be the responsibility of the
punong barangay and the city or municipal mayor.

The failure of the punong barangay and the city or municipal mayor to
perform the mandate under this measure shall be a ground for administrative
sanctions under existing laws and to penal sanctions provided for in the
proposed measure. With this mandate, it is expected that these local chief
executives will finally resolve the problem of informal settlements in danger
areas and other public places in their area of jurisdiction and eventually
eradicate the same.

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

Ctedted

= EVELINA G. ESCUDERO


19

20

Republic of the Philippines
House Or REPRESENTATIVES

Quezon City, Metro Manila
Sixteenth Congress

First Regular Session
4642

HOUSE BILL NO.

Introduced by Honorable Evelina G. Escudero

AN ACT
AUTHORIZING THE PUNONG BARANGAY AND THE CITY OR
MUNICIPAL MAYOR TO REMOVE ILLEGAL DWELLING UNITS OR
STRUCTURES FROM DANGER AREAS AND OTHER PUBLIC
PLACES IN THEIR LOCALITIES, AMENDING FOR THE PURPOSE
SECTION 30 OF REPUBLIC ACT NO, 7279, OTHERWISE KNOWN AS
THE “URBAN DEVELOPMENT AND HOUSING ACT OF 1992”

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

SECTION 1. Section 30 of Republic Act No.7279 is hereby amended to
read as follows:

“SEC. 30. Prohibition Against [New] Illegal Structures;
AUTHORITY TO REMOVE. = It shall be unlawful for any person
to construct any structure in areas mentioned in the preceding
section.

After the effectivity of this Act, the barangay, municipal or
city government units shall prevent the construction of any kind of

illegal dwelling units or structures within their respective localities.

Bill Drafting Service


1 TO ENSURE THE EFFECTIVE IMPLEMENTATION OF

2 THIS ACT, THE PUNONG BARANGAY AND THE CITY OR
3 MUNICIPAL MAYOR ARE AUTHORIZED TO REMOVE
4 ILLEGAL DWELLING UNITS OR STRUCTURES FROM
5 DANGER AREAS SUCH AS ESTEROS, RAILROAD TRACKS,
6 GARBAGE DUMPS, RIVERBANKS, SHORELINES,
7 WATERWAYS AND OTHER PUBLIC PLACES SUCH AS
8 SIDEWALKS, ROADS, PARKS, AND PLAYGROUND IN
9 THEIR LOCALITIES.

10 The head of any local government unit concerned who
1 allows, abets or otherwise tolerates the construction of any
12 structure in violation of this section AND FAILS TO REMOVE
13 ILLEGAL DWELLING UNITS OR STRUCTURES IN DANGER
14 AREAS AND OTHER PUBLIC PLACES IN THE AREA OF
15 JURISDICTION shall be liable to administrative sanctions under
16 existing laws and to penal sanctions provided for in this Act.”

17 SEC. 2. All laws, decrees orders, rules and regulations and other

18 issuances or parts thereof which are inconsistent with the provisions of this Act
19 _ are hereby repealed, amended or modified accordingly.

20 SEC. 3. This Act shall take effect fifteen (15) days after its publication in
21 the Official Gazette or in a newspaper of general circulation.

22 Approved,