“[ousE OF REPRESENTATIVES
RECEIVED
9 JUN 2016

SEVENTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session ane S54

av aA
House of Representatives t

House Bill No. 130

Introduced by: Congressman GUS S. TAMBUNTING

EXPLANATORY NOTE

The outbreak of violence during the conduct of evictions and demolitions of
our urban and rural poor brethren has not only consistently hogged headlines. It
has, unfortunately, led to instances of severe injuries as well as the loss of lives.
Moreover, the difficulties of coordinating the various stakeholders, including
various branches and agencies of government, have led to clashes in jurisdictions
It is not uncommon for us to hear about conflicts between court sheriffs and local
chief executives when evictions are set to take place. This shouldn’t be the case.

However, while these are sad enough, the trampling of basic human rights
on both sides of the fence during these incidents is something that is a cause for
much more concern.

Thus, there is a need for a more comprehensive and effective means of
coordinating these various stakeholders and government agencies — which this
measure seeks to address. With the adoption of a Code of Conduct — and
handbook of sorts for all concerned persons to follow in instances where evictions
and demolitions may be validly carried out, it is our hope that these unfortunate
incidents that have become synonymous with demolitions and evictions in the past
could be minimized it not totally avoided. This representation filed this bill in the
16" Congress, garnering much support from members of the said Congress. In
once again filing this bill at the start of the 17" Congress, this representation
sincerely hopes it will be passed into law so that the rights of all concerned, both
those being evicted and those carrying out the eviction order, may be protected.

GUS S. TAMBUNTING

2nd District, Parafiaque City


SEVENTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

House of Representatives

House Bill No. 130

Introduced by Congressman GUS S. TAMBUNTING

AN ACT
PRESCRIBING A CODE OF CONDUCT FOR DEMOLITION AND
EVICTION OF HOMELESS AND UNDERPRIVILEGED CITIZENS

Be it enacted by 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 “Code of Conduct for
Demolition and Eviction of Homeless and Underprivileged Citizens”

SECTION 2. Declaration of Policy. The State recognizes the inherent right to
life and to adequate housing of every citizen. Thus, it shall be the policy of the
State to discourage the practice of eviction and demolition. However, in cases
where the demolition of homes and the eviction of homeless and underprivileged
citizens is inevitable, the State shall ensure that all measures shall be undertaken to
guarantee as far as practicable that violence is avoided, that State actors,
particularly law enforcement personnel shall participate in such activities within
clearly delineated protocols, and that full cooperation between Local Government
Units and the various stakeholders is undertaken for the purpose of guaranteeing
that such demolition or eviction proceeds in a just and humane manner.

SECTION 3. Minimum Requirements for the Proper Conduct of Demolition
or Eviction. In addition to the safeguards provided for in Section 28 of Republic
Act No. 7249, otherwise known as the Urban Development and Housing Act of
1992, the following minimum requirements shall be observed in instances where
the eviction or demolition of homes of urban and rural poor dwellers shall be
undertaken.

a. Any person, including concerned departments and agencies of the
national government, local government units, etc., which intends or
propose to undertake demolition and eviction activities shall secure,
prior to the actual implementation of such eviction and demolition
activities, a Certificate of Compliance from the appropriate national or
local office of the Presidential Commission for the Urban Poor which


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has been designated as the Central Coordinating Body for Demolitions,
as provided for under Section 7 of this /\ct;

b. No demolition or eviction activities shall be undertaken unless full
coordination with the Barangay Offic’ sls wherein the property sought
to be entered by persons, departmen! . agencies and local government
units intending to undertake dem ‘ion and eviction activities is
located. For purposes of this A. t, such coordination shall mean the
submission of the Certificate of ( mpliance provided for and required
in the immediately preceding Son, the submission of the names of
all persons, including law eniorcement officers, private security
personnel and demolition crews who shall take part in such activity,
and the submission of a Notice of the date intended for such
demolition and eviction activities, which in all cases shall be at least
five (5) calendar days from such notice.

c. In relation to Subsection (b) above, all agencies mandated or
requested to provide assistance to any person, department, agency or
local_government unit which intends or proposes to undertake
demolition and eviction activities, shall prepare a list of officers and
personnel who shall be designated to provide such assistance, which
list shall be an integral part of the Notice provided for in the
aforementioned Subsection (b)

SECTION 4. Standard of Conduct for State Actors. In undertaking any
activity in connection with any demolition or eviction, which includes
rendering any assistance requested from any of the stakeholders, including
urban and rural poor dwellers, all State Actors; which for purposes of this Act
shall mean any person acting on behalf of any government body or agency,
including law enforcement officers and personnel; shall abide by a minimum
standard of conduct aimed at preventing the outbreak of violence, or in the
case of such outbreak of violence, such standard of conduct which will
prevent any escalation thereof. For this purpose, all State Actors shall adopt
rules of engagement based on maximum tolerance

SECTION 5. Duties of State Actors in Cases of Demolition or Eviction. It
shall be the duty of any state actor who shall be called to implement, assist or
witness any demolition or eviction activity to ensure compliance with the
minimum requirements of due process, human rights and the provisions of
this Act on the part of all persons involved in such demolition or eviction
activity,

SECTION 6. Prohibited Acts. The following, shall be considered Prohibited
Acts in cases where demolition and eviction are proposed or undertaken:

a. Any demolition or eviction activity undertaken without the
prescribed minimum requirements in this Act.

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b. Any unauthorized use of Police or law enforcement personnel. For
purposes of this Act, it is specifically provided that the participation of
Police and other Jaw enforcement personnel in any demolition and
eviction activity shall be limited to peace-keeping; Provided that: peace
keeping shall not in any manner be interpreted as participation in
actual eviction or demolition.

c. Any concerted acts of violence by any group of persons resisting
demolition or eviction activities, which shall include, but shall not be
limited to erecting illegal barricades, the use of improvised weapons
and the like.

SECTION 7. Designation of a Central Coordinating Body for Demolitions
and Evictions. The Presidential Commission for the Urban Poor (PCUP) is
hereby designated as the Central Coordinating Body for the conduct of
demolition and eviction activities involving urban and rural homeless poor.
In pursuit of such mandate as provided for in this Act, the PCUP shall
exercise, among others, the following powers and functions:

1. Monitor all evictions and demolitions, whether extra-judicial or
court-ordered, involving homeless and underprivileged citizens;

2. Require the concerned departments and agencies, including
concerned local government units (LGUs), proposing to undertake
demolition and eviction activities to secure first from either the PCUP
Central Office (in the case of national projects) or from the PCUP
Regional Office (in the case of regional or local projects) the checklist,
guidelines and compliance certificates on demolition and eviction prior
to the actual implementation thereof and thereafter, submit to the
PCUP the completed checklist, attested to under oath by the proponent
and indicating that:

a. Adequate consultations with the affected fami
already been undertaken;

b, Adequate resettlement site and relocation faciliti

available; and

c. The provisions of Section 3, paragraph 1 of the Implementing
Rules and Regulations of Section 28 of RA 7279 (Pre-Relocation)
have been complied with.

Based on the completed checklist, and subject to further verification,
issue demolition and eviction compliance certificates to proposed
demolitions and evictior
citizens;

involving the homeless and underprivileged

4. Investigate motu proprio or upon complaint by any party, any
violation of the provisions of Section 28 of RA 7279 or ils implementing
rules and regulations;


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5. File motu proprio 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 pr isions of Section 28 of RA 7279

or its implementing rules and. gulations;

6. Recommend to the President appropriate measures for the
implementation and enforcement of Section 28 of RA No. 7279 and its
implementing rules and regulations, including possible administrative
sanctions against national or local government officials who have
violated the said law, rules and regulations;

7. Request any government agency for assistance and necessary
information in the discharge of their respective functions under this
Order;

8. Publicize matters covered by its investigation of violations of the
provisions of Section 28 of RA 7279 or its implementing rules and
regulations, when circumstances so warrant and with due prudence
Provided, however, that the PCUP shall, under the rules and
regulations it shall hereafter promulgate, determine what cases may
not be made public: Provided, further, that any publicity issued by the
PCUP shall be balanced, fair and true;

9. Administer oaths, issue subpoena and subpoena duces tecum, and
take the testimonies of witnesses in the course of its investigation;

10. Adopt its own operational guidelines and rules of procedures, as
well as rules and regulations not otherwise inconsistent with exiting,
laws, rules and regulations, to effectively carry out its mandate; and

11. Perform such other function as may hereafter be provided by law.

SECTION 8. Penalties. Any person who shall be found liable for violating
any provision of this Act shall, upon conviction for each act or omission,
suffer imprisonment of not less than two (2) years and one (1) day but not
more than four (4) years; Provided that in cases where such act or omission
constitutes an offence defined under the Revised Penal Code or any other
special penal law, such act shall be considered a special aggravating
circumstance in the application of the appropriate penalties.

SECTION 9. Promulgation of Rules and Regulations, Administration and
Enforcement of this Act. The PCUP, acting as the duly designated Central
Coordinating Body for Demolitions and Evictions shall promulgate the
necessary implementing rules and regulations for the orderly administration
and enforcement of this Act within Sixty (60) days from its approval

SECTION 10. Appropriations. The sum of TEN MILLION PESOS
(P10,000,000) is hereby appropriated to the Presidential Commission for the


1 Urban Poor in addition to its appropriations in the current General
2 Appropriations Act, for the immediate implementation of this Act. Thereafter,
3 such sums as may be necessary for the full operationalization of this Act shall
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be included in the Annual General Appropriations Act.

6 SECTION 11. Separability Clause. In the event that any provision of this Act
is declared unconstitutional, the validity of the other provisions shall not be
8 affected by such declaration.

10 SECTION 12. Effectivity. This Act shall take effect after its complete
11 publication in the Official gazette or at least two (2) newspapers of general

12 circulation.

Approved,