HOUSE OF REPRESENTATIVES

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Republic of the Philippines CEIVE!
HOUSE OF REPRESENTATIVES | RE om
Quezon City pave 30 JUN 2015

17" CONGRESS “rN,

First Regular Session BY: Vy
HOUSE BILL NO. 35 oO U
REGISTRATION UNIT
BILLS AND INDEX. SERVICE

Introduced by REP. 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, amending 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 public 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, parks, 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 structure in violation of Section 30 of RA 7279.

‘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 areas.
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
publie 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
measure shall be a ground for administrative sanctions under existing laws and to penal sanctions
provided for in the proposed measure. With this mandate, itis 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.

EVELINA G. ESCUDERO.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17° CONGRESS,
First Regular Session
380

HOUSE BILL NO.

Introduced by REP. 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 goverment units
shall prevent the construction of any kind of illegal dwelling units or structures within their
respective localities.

TO ENSURE THE EFFECTIVE IMPLEMENTATION OF THIS ACT, THE
PUNONG BARANGAY AND THE CITY OR MUNICIPAL MAYOR ARE
AUTHORIZED TO REMOVE ILLEGAL DWELLING UNITS OR STRUCTURES FROM
DANGER AREAS SUCH AS ESTEROS, RAILROAD TRACKS, GARBAGE DUMPS,
RIVERBANKS, SHORELINES, WATERWAYS AND OTHER PUBLIC PLACES SUCH
AS SIDEWALKS, ROADS, PARKS, AND PLAYGROUND IN THEIR LOCALITIES.

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

SEC. 2. All laws, decrees orders, rules and regulations and other issuances or parts thereof which
are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

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

Approved,