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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1149 .

Introduced by Representative Ivan Howard Guintu

EXPLANATORY NOTE

Section 9, Article XIII of the 1987 Constitution provides that “the State shall, by
law, and for the common good, undertake, in cooperation with the private sector, a
continuing program of urban land reform and housing which will make available at
affordable cost decent housing and basic services to underprivileged and homeless
citizens in urban centers and resettlement areas, It shall also promote adequate
employment opportunities to such citizens. In the implementation of such program,
the State shall respect the rights of small property owners.”

Section 10, Article XIII of the 1987 Constitution provides that “urban or rural
poor dwellers shall not be evicted nor their dwelling demolished, except in accordance
with law and in a just and humane manner. No resettlement of urban or rural dwell
shall be undertaken without adequate consultation with them and the commun:
where they are to be relocated.”

Republic Act No. 7279, otherwise known as “Urban Development and Housing,
Act of 1992” was enacted into law. However, it lacks the provisions that would guide
the conduct of resettlement of informal settlers. The proposed bill seeks to prescribe a
just and humane code of conduct for the resettlement of underprivileged and homeless
citizens, and to prohibit demolition of the structures they live in or the unjust eviction
of informal settler famili

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

UINTU
, Pinuno Partylist


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

Introduced by Representative Ivan Howard Guintu

AN ACT
PRESCRIBING A JUST AND HUMANE CODE OF CONDUCT FOR
RESETTLEMENT OF UNDERPRIVILEGED AND HOMELESS CITIZENS,
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Short Title. This Act shall be known as the “Just and Humane
Resettlement Act.”

SEC. 2. Declaration of Policy. Pursuant to Section 9, Article XIII of the Constitution,
the State shall ensure that underprivileged and homeless citizens have access to adequate, safe,
secure, habitable, sustainable, resilient, and affordable housing,

Pursuant to Section 10, Article XIIf and Section 10, Article I! of the Constitution, the
State shall neither evict nor demolish informal settler families, except in accordance with law,
in a just and humane manner, and shall promote social justice in all phases of national
development.

‘The State shall, by law and for the common good, undertake in cooperation with the
private sector a continuing program of housing and urban development which shall make
available decent housing and basic services at affordable cost to underprivileged and homeless
citizens in urban centers and resettlement areas.

In addition, the State shall encourage on-site development in the implementation of
housing programs and shall promote the creation of new settlements and the development of
sustainable urban renewal programs while guaranteeing the preservation of agricultural lands
necessary for food security


The State shall encourage more effective people's participation in the urban
development process through a mechanism of adequate and genuine consultation in all stages
of the relocation and resettlement process with the affected communities, which should include
a space for children, women, and other marginalized groups.

SEC. 3. Definition of Terms. As used in this Act

fa) Adequate and Genuine Consultation refers to the constitutionally mandated process
whereby the public, on their own or through people's organizations, is provided an
opportunity to be heard and to participate in the decision making process on matters
involving the protection and promotion of its legitimate collective interest, which
shall include the following:

3.

Effective dissemination and full access to the public of relevant information,
plans and documents, including but not limited to land records, housing
budgets, the proposed plan or project, alternative housing options, technical
studies, and comprehensive resettlement plans.

Reasonable time, which shall not be less than thirty (30) days, for the public
to review, comment, and object to the plans and studies:

Provision by the government or non-government organizations of legal,
technical, and other appropriate advice to affected persons, households.
and/or organizations on their rights and options:

Separate sessions of open and public consultations with affected households
in general and affected subsectors in particular. including but not limited to
women, children, youth, senior citizens, persons with disabilities (PWDs),
workers, farmers, fisherfolk. and lesbians, gays, bisexuals, and transgender
persons (LGBT):

Public hearings that provide affected ISFs and their advocates with
opportunities to challenge the eviction decision or present alternative
proposals and to articulate their demands and development priorities: and
‘The conclusion of any mediation, arbitration, or adjudication proceedings by
an independent body vested with constitutional authority such as a court of
Jaw, when appropriate and availed of, in case no agreement is reached on the
proposals of the concerned parties

(b) Dunger Area refers to areas which, when occupied for residential purposes, actually

pose a danger to the life and safe

y and property of either the concerned residents or

of the general community, The danger is due to an unavoidable source of probable
harm to human life or well-being


(c) Demolition refers to the dismantling by the LGU, or any legally authorized ageney
of government, of all structures within the premises subject for clearing

(d) hviction refers to the removal of persons and their belongings from a subject building:
structure or area, or both, in accordance with law

(e) High Risk Area refers to an area which poses a high level of threat to the public
welfare and safety that cannot be addressed through scientific, physical and
engineering methods and, thereby, is unsuitable for settlement and permanent
structures.

(1) Informal Settler Families (IS) refers to individuals ot households living in any of
the following places

1. Lots, buildings, dwelling units, or other structures without the consent of the

property owner:

Danger areas:

Areas for government infrastructure projects:

Protected or forest areas, except for indigenous peoples:

‘Areas for priority development as declared under Proclamation No. 1967,

series of 1980. if applicable:

6. Government or public lands or facilities not intended for human habitation:
or

7. Any other places, afier being displaced due to natural or manmade hazards.

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(g) People’s Plan refers to the plan formulated and initiated by the beneficiary
associations, with the assistance of the concerned government agencies, in
cooperation with the Presidential Commission for the Urban Poor, with or without
the support of CSOs, which shall contain a site development plan that conforms to
standards of adequate housing and to the comprehensive land use plan of the local
government unit under whose jurisdiction the project site is proposed to be located,
including architecture and engineering house design, community health, sanitation
and security plans, as well as nonphysical development components such as self-help
development, capability building, and a system of allocation of socialized housing
units. The formulation of and the resulting plan should promote and protect the
welfare of women, children, persons with disabilities, and senior citizens,

(h) Social Preparation refers to the series of activities designed to prepare the affected
ISFs to cope with the changes brought about by government infrastructure or
development projects and to encourage them to actively participate and prepare their
societal, community and personal responsibilities in their quest for tenurial security
human development and basic services, employment and livelihood, and other
government programs for the ISF-


SEC. 4. Coverage. This lavw shall apply in all cases of demolition or eviction, whether
undertaken by the government or private individuals or entities, and whether ordered by the
courts or otherwise,

SEC. 5. Policy on Eviction and Demolition. As a general rule, any eviction of
informal settler families or demolition of the structures they live in or any appurtenance thereto.
shall be prohibited.

SEC, 6. Exceptions. — Eviction of informal settler families or demolition of the
structures they live in or any appurtenance thereto shall be allowed only in the following
exceptional cases

(a) When ISFs occupy a danger area, such as esferos, railroad tracks, garbage dumps.
riverbanks, shorelines, waterways, and other public places such as sidewalks, roads,
parks, and playgrounds, ora high risk area which poses a high level of threat to public
welfare and safety that cannot be addressed through or remedied by scientific.
physical and engineering methods and, thereby, is unsuitable for settlement and
permanent structures: Provided, that an area can only be declared as a danger area or
high risk area through an appropriate technical study, adequate and genuine public
consultation with the affected persons or entities, and certification by the appropriate
government agency. It shall be the duty of the province and the city or municipality,
after one hundred twenty (120) days from the effectivity of this Act, to conduct the
technical studies and public consultations necessary to identify all danger and high
risk areas within their respective jurisdictions.

(b) When government infrastructure projects with available funding are about to be
implemented: Provided, that evictions or displacements of population due to any
development project or business venture involving the government should be avoided
or minimized: Provided, further, that if eviction is unavoidable under the
circumstances. the government shall conduct a comprehensive and holistic impact
assessment, before the project is impicmented, to determine whether the project will
serve the public interest and to explore alternatives and strategies to minimize harm
and further violation of human rights of the affected communities, particularly
children, women and other marginalized groups: Provided, finally, that the ageney
which seeks to implement the eviction or demolition shall establish the budget
pertaining to it upon its application to the Presidential Commission for the Urban Poor
for an eviction or demolition certificate of compliance; and

When there is a court order for eviction and demolition: Provided, however, that no
execution of eviction or demolition order shall proceed and be carried out during the
pendency of an appeal, notwithstanding the failure to file a supersedeas bond to stay
the execution of the order if the appellant is an underprivileged and homeless citizen

(c


SEC. 7. Mandatory Requirements Before, During, and After the Conduct of Eviction
or Demolition. No eviction or demolition involving ISFs shall be executed without full
compliance with the following mandatory requirements to uphold human dignity and prevent
any violation of human rights:

(a) Before Eviction or Demolition

I

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Conduct of social preparation activities related to asset reform, human
development and basic services, employment, and livelihood, and other
programs of the government for both the affected underprivileged and homeless
citizens and the affected families of the place where the former will be relocated
Provided, that, separate social preparation activities shall be conducted on
matters relating to the promotion and protection of their right to development,
survival. protection and participation for children of both communities.

Notice served upon the affected persons or entities at least thirty (30) days prior
to the date of eviction or demolition:

Adequate and genuine consultations on the matter of resettlement with the duly
designated representatives of the families to be resettled and the affected
communities in the areas where they are to be relocated: PROVIDED, that a
consultation in the form of an inter-agency pre-eviction or pre-demolition
conference with the affected underprivileged and homeless citizens shall be
convened by the national government agency or local government unit
authorized to evict or demolish and the same shall be complied with under the
following conditions

i. The local Philippine National Police Personnel, whose function is to
provide law enforcement and civil disturbance control but not to
participate in the physical dismantling of any structure, shall actively
participate in the consultation process and their role shall be clearly set
forth;

ii, The following agencies shall be represented during the inter-agency pre-
eviction or pre-demolition conference with the affected underprivileged
and homeless citizens:

a. ‘The Department of the Interior and Local Government (DILG):
b. The Department of Social Welfare and Development (DSWD):
. The Department of Education (DepEd);
The Department of Public Works and Highways (DPW):
The Department of Human Settlements and Urban Development
(DHSUD),
f The National Housing Authority (NHA\}



g. ‘The Department of Health (DOH):
h. The Presidential Commission for the Urban Poor (PCUP):

i. ‘The Commission on Human Rights (CHR):

j. ‘The Philippine Commission on Women (PCW):

k. ‘The Council for the Welfare of Children (CWC):

1. Appropriate Key Shelter Agencies:

m. Representatives from non-government organizations and or
people's organizations working for the interest of the informat
settler families; and

n. The concerned local government units.

If the conference is convened by the local government, the PCW
and CWC shall be replaced by the Local GAD Focal Point System and
the Local Council for the Protection of Children representatives.
respectively, of the concerned 1.GUs.

The inter-

mK

pre-eviction or pre-demolition conference with the
zens shall be presided by the

affected underprivileged and homele:
Presidential Commission for the Urban Poor, which may call on the

©
assistance of other agencies whenever necessary:

A plan for eviction or demolition shall be formulated during the inter-

agency pre-eviction or pre-demolition conference. setting forth clear
procedures that will be implemented during the eviction or demolition
in order to prevent any human rights violation:

The details of the inter-agency pre-evietion or pre-demolition
conference with the affected underprivileged and homeless citizens shall
be documented or recorded, and a summary of the points of the
the disagreements shall be considered
body in coming up with a dec
‘on matters relating to the conduct of ev
that copies of the documentation and summary shall be provided to all
the stakeholders present three (3) days after the pre-evietion or pre-
demolition conference:

reements arrived at as well as

and given weight by the inter-a

ne ion

ction or demolition: Provided.

The imer-ayency pre-eviction or pre-demolition conference with the

-d and homeless citizens shail be conducted after

affected underprivil
seven (7) days from service of notice of eviction or demolition upon the:
affected persons and entities: and

Any request for police assistance shall be accompanied by a certification
from the Presidential Commission for the Urban Poor that an inter-


agency pre-eviction or pre-demolition conference with the affected
underprivileged and homeless citizens was conducted

2. Submission to the Barangay Officials, before any eviction or demolition, of the
following

i. Certificate of Compliance secured from the Presidential Commission for
the Urban Poor:

ii, Names of all personnel, staff, and crew taking part in the evietion or
demolition activity, including private security, and the names of the
Philippine National Police Personnel assigned to maintain law and
order:

iii, Notice of the date of demolition which shall be at least five (5) calendar
days from such notice; and

iv. List of officers of the agencies forming part of the inter-agency body
convened to extend support and assistance.

(b) During Eviction and Demolition,

1, Reading of the plan of eviction or demolition agreed upon during the inter-
agency pre-eviction or pre-demolition conference,

2. Presence of local government officials or their representatives during eviction
or demolition:

3. Proper identification of all persons taking part in the demolition;

4. Execution of eviction or demolition only during regular office hours from
Mondays to Fridays and only during good weather, unless the affected families
consent otherwise;

5. No use of heavy equipment for demolition except for structures that are
permanent and made of concrete materials:

6. Proper uniforms and identification shall be worn by members of the Philippine
National Police who shall occupy the first line of law enforcement and observe
proper disturbance control

7. Observance of a minimum standard of conduct based on rules of engagement
that applies maximum tolerance in order to prevent the outbreak of violence or
the escalation thereof: Provided, that any legal use of force must respect the


principles of necessity and proportionality: Provided, further, that the child
protection policy in the conduct of eviction or demolition shall be implemented:

8. Measures to protect the evictees from threats or harassment from the
government or private persons or entities, including gender-based violence:
Provided, that legal assistance shall be made available to any complaining party:
and

9. Transparency in all stages of the eviction of demolition process, including
allowing the media to cover the whole event.

(c) After Eviction or Demolition

I. Adequate housing and relocation, whether temporary or permanent: Provided,
that in cases of eviction and demolition pursuant to a court order involving
underprivileged and homeless citizens, relocation shall be undertaken by the
focal government unit concerned and the National Housing Authority with the
assistance of other government agencies within forty-five (45) days from the
service of final judgment by the court, after which period the said order shall be
executed: Provided, However, that should relocation not be possible within the
said period, financial assistance in the amount equivalent to the prevailing and
applicable minimum daily wage for non-agricultural workers, multiplied by
sixty (60) days, shall be extended to the affected families by the local
government unit concerned: Provided, further, that the financial assistance shall
not replace the requirement of adequate relocation: and

Immediately after the eviction, all relief measures, medical facilities,
psychosocial services, documentation of evictees to prevent displacement ot
family separation and similar assistance shall be put in place by the local
government units concerned in partnership with relevant government agencies

SEC. 8. Enforcement of Mandatory Provisions, — Observance of the above
requirements shall be mandatory in all cases involving the eviction and demolition of
underprivileged and homeless citizens and ISFs, regardless of whether or not their dwellings
or residential structures were constructed before or after the effectivity of this Act. The
Department of Interior and Local Government and the Department of Human Settlements and
Urban Development shall jointly promulgate the necessary rules and regulations to carry out
the immediately preceding section.

SEC. 9. Prohibiting Mlegal Perimeter Fences. It shall be prohibited for any person
to secure or build a perimeter fence on an area or property inhabited by underprivileged and
homeless citizens after the same is razed to the ground by a fire or ruined by a natural calamity
Provided, that the fencing of the of the property shall be allowed if the person causing the
fencing can show a duly-signed court order allowing the same


SEC. 10. Designation of a Central Coordinating Body for Eviction, Demolition and
Resettlement. The Presidential Commission for the Urban Poor (PCUP) is hereby designated
as the Central Coordinating Body for the conduct of eviction and demolition activities
involving underprivileged and homeless citizens.

The PCUP shall exercise the

SEC. 11. Functions of the Central Coordinating Bod)
following functions:

(a) Monitor ll evictions and demolitions, whether extrajudicial or court-ordered, involving
underprivileged and homeless citizens:

(b) Require any government agency or local government unit proposing to undertake the
eviction or demolition activities to first secure from the PCUP Central Office, in the
case of national projects, or trom its regional office in case of local projects, the
checklist and guidelines on eviction or demolition for the national and local projects.
respectively, prior to the actual implementation thereof and, subsequently, to submit to
the PCUP the completed checklist, attested to under oath by the proponent, indicating
that:

1. Adequate and genuine consultation with the affected families has already been
undertaken:

2. Adequate resettlement site and relocation facilities are available; and

The pre-relocation requirements have been complied with:

(c) Review the basis for application for the conduct of eviction of underprivileged and
homeless citizens or the demolition of their dwellings or appurtenances thereto in a
danger area or high risk area, or in an area where a government infrastructure project
with available funding is about to be implemented:

(d) Based on the completed checklist, subject to further verification and the review of the
basis for application for eviction or demolition in the immediately preceding sub-
paragraph, issue a demolition and eviction certificate of compliance to the national
government or local government unit proposing the eviction or demolition involving
underprivileged and homeless citizens:

(e) Initiate, in coordination with relevant government agencies, the formulation of rules of
engagement in the implementation of eviction or demolition activities which are based
on maximum tolerance and on the principles of necessity and proportionality.

(f) Establish a separate protection mechanism for children through the formulation of a
child protection policy in the conduct of eviction and demolition: Provided, that the


child protection policy shall be developed in partnership with the DSWD, CHR, and
CWC, and in consultation with stakeholders including children,

(g) Investigate mofu propio or upon complaint by any party any violation of the provisions:
of sections 6, 7, and 8 hereof, or the rules and regulations issued to implement them;

(h) File motu propio 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 provisions of subsections 6, 7, and 8 hereof or the rules and regulations
issued to implement them:

(i) Recommend to the President appropriate measures for the implementation and
enforcement of this Act and the rules and regulations issued to implement it, including
possible administrative sanctions against national or local government officials who
violate the same:

(j) Require assistance and necessary information from any government agency in the
discharge of its functions under this Act

(k) Publicize matters covered by its investigation of violations of the provisions of sections
6, 7, and 8 hereof or the rules and regulations issued to implement them, when
circumstances so warrant and with due prudence: Provided, however, that the PCUP
shall, under the rules and regulations that shall hereafter be promulgated, determine
what cases may be made public: Provided, further, that any public report or press
release from the PCUP shall be balanced, fair and true:

(1) Administer oaths, issue subpoenas duces fecum, and take the testimonies of witnesses
in the course of its investigation;

(m)Adopt its own operational guidelines and rules of procedures, as well as rules and
regulations not otherwise inconsistent with existing laws, rules and regulations, to
effectively carry out its mandate; and

(n) Perform such other functions as may hereafter be provided by law.

‘The PCUP shall designate additional personnel to carry out its mandate

SEC. 12. Penalty for Violation, . Any person who violates sections 6, 7, and 8 hereof
shall be imposed the penalty of not less than six (6) months but not more than six (6) years of
imprisonment or a fine of not less than Twenty-Five Thousand Pesos (PhP25,000,00) but not
more than One Hundred Thousand Pesos (PhP100,000.00), or both, at the discretion of the
court: Provided, that, if the offender is a corporation, partnership, association, or a government-
‘owned or controlled corporation, or other juridical entity, the penalty shall be imposed on the
officer or officers of said corporation, partnership, association, government entity, or juridical
entity who caused the violation


SEC. 13. Appropriations. The amount necessary to carry out the purpose of this Act
shall be included in the annual budget of implementing agencies in the General Appropriations
Act of the year following its enactment into law and every year thereafter.

SEC. 14, Implementing Rules and Regulations. ~ Within one hundred twenty (120)
days from the effectivity of this Act, the Department of Human Settlements and Urban
Development, Department of the Interior and Local Government, and Presidential Commission
for the Urban Poor shall, in consultation with non-government organizations, people's
organizations, informal settler families and their organizations, and the private sector, jointly
promulgate the rules and regulations implementing the provisions of this Act.

SECTION X. Separability Clause. —1f, 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.

SECTION X. Repeating 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

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

Approved,