Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bit No. 6040

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

EXPLANATORY NOTE

Located along the Pacific Ring of Fire, the Philippines is one of the countries most
prone to natural disasters such as typhoons, earthquakes, and even volcanic
eruptions. Almost 20 typhoons enter the Philippine area of responsibility annually with
six to nine of them making landfall. In their wake, they leave damaged infrastructure,
properties, and livelihood — in worse cases, thousands of casualties.

After Super Typhoon Yolanda struck in 2013, the country scrambled to rebuild itself
from the unprecedented level of devastation. While the government soon started the
rehabilitation of disaster-struck areas, most of the survivors have remained in their
makeshift tents and substandard bunkhouses with no access to potable water and
electricity. By 2015, the National Housing Authority (NHA) only managed to complete
29,000 out of the 205,000 units needed for the relocation of the survivors. In 2016,
only 2,500 families have been transferred to their permanent homes in Tacloban,
while almost 10,000 families were still waiting for theirs to be completed. At least 30
more destructive tropical cyclones have rocked the country since Super Typhoon
Yolanda but complete rehabilitation of survivors remains elusive. Meanwhile, critics
decried this slow pace of construction and the prolonged discomfort of our fellowmen.

In a report by the NHA, it reasoned that the lamentable delay in the completion of
permanent housing units was due to several challenges such as the determination of
lands suitable for resettlement, acquisition of required government permits and
licenses, and even the length of bidding and procurement processes. On top of


which were other issues cited such as poor coordination among local and national
agencies, and their differences in policies.

In light of the above, this bill seeks to ensure that our people shall not again suffer
from prolonged homelessness due to geographical constraints as well as
bureaucratic inconsistencies and entanglements after a disaster that devastated their
properties and livelihood. Those who experience disasters shall be quickly and
efficiently rehabilitated, and provided safe, secure, and sustainable housing which
meets international humanitarian standards through the creation of a comprehensive
and continuing Resilient Housing and Human Resettlements Program. This bill is also
a counterpart bill to Senator Poe's version in the Senate.

The Program shall be undertaken by State departments and agencies in close
cooperation with the private sector, civil society, select experts, and the academe.
The Housing and Urban Development Coordinating Council (HUDCC) shall lead the
formulation of a National Framework for Resilient Housing and Human Settlements
which will lay out concrete plans and guidelines to serve as the basis for measures or
mechanisms for post-disaster housing and resiliency planning, research and
development, extension, monitoring and evaluation of programs, projects, and
activities to protect vulnerable communities from the adverse effects of climate

change and disasters.

Research studies on innovative, ingenious, and low-cost but resilient and sustainable
resettlements shall also be administered to aid the State in related policy
development and implementation. Through this bill, the State will be prepared to meet
the Constitutional mandate of promoting the welfare of its people, and upholding their
dignity and human rights — even in the midst of a disaster.

In consideration of the foregoing, the approval of this bill is most urgently sought.

LUIS IND “LI ” F, VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

SEVENTEENTH CONGRESS
First Regular Session

House BILL No, 6040

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
INSTITUTING A NATIONAL COMPREHENSIVE FRAMEWORK ON RESILIENT
HOUSING AND HUMAN SETTLEMENTS, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES

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 “Resilient Housing and
Human Settlements Act of 2017.”

SECTION 2. Declaration of Principles and State Policies. — Pursuant to Article 2,
Sections 5 and 11 of the Philippine Constitution which states that the maintenance of
peace and order, the protection of life, liberty, and property, and the promotion of the
general welfare are essential for the enjoyment by all the people of the blessings of
democracy; the State values the dignity of every human person and guarantees full

respect for human rights.

To protect, promote, and fulfill the right to adequate housing as a component of
the people's right to an adequate standard of living—concomitant with the goal of
enhancing the resiliency of communities to disasters—the State shall undertake, in
cooperation with the private sector, a comprehensive and continuing Resilient
Housing and Human Settlements Program, which shall, among other things, lay out a

clear and concrete plan to ensure that Filipinos who will experience disasters will be
1


itated in safe, secure, and sustainable housing, with attendant basic

quickly reha
services and access to livelihood.

As a state party to United Nations International Covenant on the Economic,
Social and Cultural Rights (ICESCR) and the UN Sustainable Development Goals,
we will pursue Sustainable Development Goal 11 (Make cities inclusive, safe,
resilient and sustainable) and the Rights-Based Approach.

Pursuant to Article 13, Section 16 of the Philippine Constitution, the right of the
people and their organizations to effective and reasonable participation at all levels of
social, political, and economic decision-making shall not be abridged. The State shall,
by law, facilitate the establishment of adequate consultation mechanisms.

It is the policy of the State to complement and supplement the provisions of
the Philippine Disaster Risk Reduction and Management Act of 2010 (Republic Act
No. 10121), and in consonance with the Climate Change Act of 2009 (as amended by
Republic Act No. 10174) and other existing laws related to climate change adaptation
and DRRNM in relation to upholding the people's constitutional rights to life and
property by addressing the root causes of vulnerabilities to disasters and building the
resilience of local communities to climate change impacts; and in terms of
mainstreaming climate change adaptation in development processes such as policy
formulation, budgeting, and governance particularly with respect to housing and land
use, it is hereby declared the policy of the State to work for the attainment of a more

inclusive, safe, resilient, and sustainable human settlements.
Towards this end, the government shall pursue a comprehensive, rights-
based, gender-responsive, participatory and sustainable approach to resilient human
settlements.
This Act declares the following as guiding principles:

a) The Right to Adequate Housing according to the ICESCR covers the following
elements: accessibility; affordability; habitability; security of tenure; cultural
adequacy; resiliency; suitability of location; access to essential services such

2


as health and education; and respect for safety standards aimed at reducing

damage in cases of future disasters.

b) The State bears the primary responsibility for protecting the people,
infrastructure, and other national assets from the impact of disasters and will
mobilize adequate and make efficient use of existing resources, including
financial, scientific, and technological means in nurturing resiliency.

The building/achievement/fulfillment of resilient human settlements require that
responsibilities be shared by the national and local government units and

¢)

relevant national authorities, sectors, stakeholders and communities. This
entails the development and strengthening of institutions, mechanisms and
capacities at all levels, in particular at the community level that can
systematically contribute to building resiliency. Convergence of resources and
involvement of various stakeholders are essential to the supply of housing and
infrastructure in the overall context of sustainable development and resilient
human settlements.

d) Ensure accountability and transparency of all sectors to monitor and
evaluate programs and initiatives

Uphold gender equity and equality, cultural diversity and the rights of
vulnerable groups such as children, elderly and, people with disabilities when

planning for resilient and sustainable settlements development
SECTION 3. General Objectives. — This Act seeks to
a) Provide a framework for resilient housing and human settlements;
b) Guide various stakeholders to take well-planned, concerted, transparent,

inclusive, livable, safe, resilient, sustainable, and pro-poor housing initiatives in

the best possible manner;


c) Strengthen the participation of all sectors especially communities and civil
society in the planning of resilient housing and human settlements;

d) Build synergy, convergence and integration of housing-related and livelihood
intervention for the attainment of resilient and sustainable human settlements;

e) Foster policy and program coherence related to poverty alleviation, income
generation and employment, and delivery channels to achieve the overall
objective of housing for all and the attainment of resilient and sustainable

development of human settlements;

f) Support innovation and research and development into new, indigenous, low-
cost resilient and sustainable human settlements;

SECTION 4. Definition of Terms. — As used in this Act, the following terms shall

mean:

a) “Adequate housing” — defined as that which affords its occupants the following

conditions:

1. legal security of tenure, including protection against forced evictions;

2. available services and infrastructure (access to water; energy for cooking,
heating, and lighting; sanitation and washing facilities; food storage; and
waste disposal (solid, septage and sewerage); communication and
information; sufficient road networks especially for emergencies and so

on);

3. affordable housing costs and financing options such that the attainment of
other basic needs is not threatened;

4. habitability in the sense of adequate spaces, security, physical safety, and
protection from cold, damp, heat, rain, wind, structural hazards, and
4


b)

ic)

4)

disease vectors;

5. sufficient accessibility that disadvantaged or vulnerable groups such as
persons with disabilities, elderly, children and women are not left without

shelter appropriate to their particular needs;

6. a physical location allowing proximate access to employment and livelihood
options, health care services, schools, child-care centers, and other social

facilities and avoiding risks from pollution sources;

7. available, resilient, environmentally-friendly and appropriate construction
materials, settlements design and process with respect to the expression of
cultural and religious identity and geographical location;

8. compliance with safety and resilience standards aimed at minimizing
damage from future disasters.

“Adequate open spaces”- which includes roads, green spaces, areas for
persons with disabilities, elderly, children and materials recovery facilities.

Climate-resilient housing — Refers to housing that is equipped and structurally-
designed to resist, absorb and accommodate the effects of climate hazards
like heat waves, extreme weather variabilities without significant changes to its

basic functions.

“Comprehensive Resilient Housing Program for Disaster Survivors” — Refers to
the delivery of resources and activities in the rehabilitation and reconstruction
of damaged and destroyed housing and development of other new permanent
housing options for persons and families affected by disasters. It shall follow
humanitarian standards for their protection and their rights to adequate
housing through the provision of safe, habitable emergency and transitional
shelter during displacement and permanent housing that meets the basic

standards of adequacy and decency. Providing for a comprehensive, multi-
5


sectoral, inter-agency, and community-based approach to post-disaster
housing rehabilitation, reconstruction, and recovery.

“Gender equity and equality’- Refers to the principle asserting the equality of
men and women and their right to enjoy equal conditions realizing their full

e)

human potentials to contribute to and benefit from the results of development,
and with the State recognizing that all human beings are free and equal in
dignity and rights. Gender equity refers to the policies, instruments, programs,
services, and actions that address the disadvantaged position of women in
society by providing preferential treatment and affirmative action. Such
temporary special measures aimed at accelerating de facto equality between
men and women shall not be considered discriminatory but shall in no way
entail as a consequence the maintenance of unequal or separate standards.

f) ‘Land-Use Planning” — the process undertaken by national and local

government authorities, communi

s, private sector, and civil society to
identify, evaluate, and decide on different options for the use of land, including
consideration of long-term economic, social and environmental objectives and
the implications for different communities and interest group, and the
subsequent formulation and promulgation of plans that describe the permitted
or acceptable uses.

People's Plan - a resettlement option and community development plan
formulated by POs, with or without the support of NGOs, LGUs and NGAs

g

h) “Post-Disaster Recovery” — the restoration and improvement where
appropriate, of facilities, livelihood, and living condition of disaster-affected
communities, including efforts to reduce disaster risk factors and enhancing
resiliency, in accordance with the principles of “build back better,” as defined in
Republic Act No. 10121 or the Philippine Disaster Risk Reduction and
Management Act of 2010.

i) “Resilience” — the capacity of a system, community or society exposed to
6


hazards to resist, adapt, and transform to an acceptable level of functioning
and structure. This is determined by the degree to which the system is capable
of organising itself to increase this capacity by learning from experiences for
better future protection and to improve risk reduction measures.

SECTION 5. National Framework for Resilient Housing and Human Settlements.
— This is the National Framework for Resilient Human Settlements (hereinafter
referred to as the Framework) to be formulated by the Housing and Urban
Development Coordinating Council (HUDCC) within six (6) months from the effectivity
of this Act in coordination and in partnership with the following:

a) The HUDCC and its attached agencies;

b) National Economic and Development Authority (NEDA);
c) Climate Change Commission (CCC) ;

d) Office of Civil Defense (OCD);

e) Government Service Insurance Service System (GSIS) ;
f
g) Department of Science and Technology (DOST);

h) Department of Environment and Natural Resources (DENR);
i) Department of Public Works and Highways (DPWH);

j) Department of Labor and Employment (DOLE);

k)
1) Department of Budget and Management (DBM);

Department of Social Welfare and Development (DSWD);

Department of Trade and Industry (DT1);

m) Department of Interior and Local Government (DILG);
n) Office of Presidential Adviser on Peace Process (OPAPP);

0) National Commission on Indigenous Peoples (NCIP);

p) National Anti-Poverty Commission (NAPC);

q) Insurance Commission (IC);

1) Union of Local Authorities of the Philippines (ULAP);

s) Built environment and disaster-resilient housing design experts;
t) Academe;

u) Civil society;

v) Communities and other concerned public and private entities.


The Framework shall serve as the basis for measures or mechanisms for post-
disaster housing and resiliency planning, research and development, extension,
monitoring and evaluation of programs, projects, and activities to protect vulnerable
communities from the adverse effects of climate change and disasters.

The Framework shall describe how the State and all relevant stakeholders can
work together to achieve adequate and resilient housing for all, including and most
especially those affected by disasters; and chart the new direction that our national
and local housing programs and efforts must take in order to make human
settlements and communities more inclusive, safe, resilient, and sustainable.

The Framework shall include, but not limited to, the following components:

a) National Resilient Housing Agenda, which shall be derived from the

threats, hazards, and vulnerabilities identified; adaptation needs and
requirements; risk and resiliency assessment for the Philippine housing
sector;

b) National and local resilient housing priorities; outline the most efficient and

cost effective housing projects that will best meet the short-term and long-

term resilient housing needs of individuals and households;

i)

National Standards for Resilient Housing Design and Construction;

d) National Post-Disaster Housing Recovery Strategy, which shall focus on

how best to restore, rehabilitate, redevelop, and revitalize disaster-

impacted communities; restoring livelihoods; effectively preventing the
recurrence of disasters and harnessing conditions for future development;

e) Promotion of local government rehabilitation and recovery plans;

f) Rules and Guidelines for Post-Disaster Housing Rehabilitation,
8


Reconstruction, and Relocation;

g) Comprehensive Resilient Housing Program for Disaster Survivors;

h)

Investment and financing requirements;

Institutional arrangements, including public-private partnership; national
government roles; local government support functions; and private sector
responsibilities;

Implementation arrangements;

k

Reporting, monitoring, and evaluation.

SECTION 6. Monitoring of Compliance with this Act. - HUDCC shall take the lead
to periodically monitor the compliance with this Act. Other agencies will participate in
the monitoring such as attached agencies of HUDCC; DILG; Office of Civil Defense;
NEDA; and CCC. There shall be a mechanism for civil society to participate in the

monitoring process.

SECTION 7. Joint Congressional Oversight Committee. — There is hereby created
a Joint Congressional Oversight Committee to monitor the implementation of this Act.
The Oversight Committee shall be composed of five (5) Senators and five (5)
Representatives to be appointed by the Senate President and the Speaker of the
House of Representatives, respectively.

The Oversight Committee shall be co-chaired by a Senator and a
Representative to be designated by the Senate President and the speaker of the
House of Representatives, respectively. Its funding requirement shall be charged

against the appropriations of Congress.

SECTION 8. Annual Report. — The HUDCC shall submit to the President, Senate
President and House Speaker not later than March 30 of every year following the
9


effectivity of this Act, or upon the request of the Congressional Oversight Committee,
a report giving a detailed account of the status of the implementation of this Act, a
progress report on the implementation of the National Resilient Housing and Human
Settlements Action Plan, policy gaps, and recommended legislation, where applicable
and necessary. LGUs shall submit annual progress on the implementation of their
respective local action plan to HUDCC within the first quarter of the following year.

SECTION 9. Appropriations. — The amount necessary for the initial implementation
of this Act shall be charged against the current appropriation of the HUDCC.
Thereafter, the amount needed for the continued implementation of this Act shall be
included in the annual General Appropriations Act.

SECTION 10. Implementing Rules and Regulations. — Within ninety (90) days from
the effectivity of this Act, the [key shelter agencies] shall, upon consultation and
coordination with the pertinent government agencies, LGUs, private sector, NGOs,
POs, build environment expert and professionals, promulgate the necessary rules
and regulations for the effective implementation of this Act: Provided, That failure to
issue rules and regulations shall not in any manner affect the executory nature of the
provisions of this Act.

SECTION 11. Separability Clause. - If, for any reason, any provision or part of this
Act is declared invalid or unconstitutional, the remaining parts or provisions not

affected thereby shall remain in full force and effect.

SECTION 12. Repealing Clause. — All laws, executive orders, presidential decrees,
issuances, rules and regulations or parts thereof inconsistent with any provision of
this Act are hereby modified, amended, or repealed accordingly.

SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,