Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EENTH CONGRESS
First Regular Session

HOUSE BILL NO~_ 71

Introduced by REP. JOSE FRANCISCO “KIKO” B. BENITEZ, Ph.D.

EXPLANATORY NOTE

‘The Philippines is one of the fastest urbanizing countries in the East Asia and Pacific region‘.
In 2015, the level of urbanization or the proportion of urban population to total population is
51.2 percent or 51.73 million persons. By 2050, 84 percent of the population will live in cities
and urban areas’.

Cities are catalysts of economic growth, Urban areas account for 75 to 80 percent of the
country’s gross domestic product since 2000°. The National Capital Region (NCR) alone
contributed 38 percent of the GDP on average in the period 2010-2015".

Urbanization provides resources and opportunities for employment, livelihood, services and
innovation, driving rural-urban migration. According to a survey conducted for AmBisyon
2040, the country’s long-term development plan, 30 percent of Filipinos prefer to live in big
cities while 29 percent want to live in urban centers in the province.

However, cities fall short on its promise of prosperity for all. Poverty incidence in urban areas
remains prevalent at 12.5 percent in 2012°,

Vulnerability of the poor in urban areas is aggravated by spatial exclusion and exposure to
natural and health hazards. Due to increasing competition for land and land speculation, cost
of land skyrockets, making housing unaffordable to low-income families. The urban poor find
refuge in informal settlements that lack basic infrastructures, utilities and services. In Metro
Manila alone, 584,000 families live in informal settlements. Meanwhile, the adverse impact of
climate change and natural disasters threaten to displace families living in danger zones,
estimated at 104,000. Around 70 percent of cities in the Philippines are coastal and vulnerable
to environment hazards’.

Moreover, inadequate transportation infrastructures, alongside the spike in volume of motor
es, results in worsening traffic congestion, incurring 3.5 billion daily in economic losses,
ording to the Japan International Cooperation Agency. The high carbon footprint of fossil-
fueled motor vehicles also poses health and environmental risks. According to the State of

! World Bank (2017). Philippines Urbanization Review: Fostering Competitive, Sustainable and Inclusive Cities.

? UN Habitat (2015), Achieving Sustainable Urban Development Philippines Project Brief. The World Bank
estimates the level of urbanization at 65 percent in 2050. Meanwhile, the Philippine Development Plan 2017-
2022 estimates urban population at 56 percent by 2050, citing the 2014 World Urbanization Prospects.

2 Asian Development Bank (2012). Philippines Urban Sector Assessment and Road Map.

{Philippine Development Plan 2017-2022,

§ Philippine Statstcs Authority. Family income and Expenditure Survey 2012

asian Development Bank (2014), National Urban Assessment,



Global Air 2019 Report, the Philippines is among the top ten (10) countries with highest
mortality attributable to air pollution, with 64,000 deaths.

To abate urban dysfunctions and fulfill the promise of economic and social inclusion of
urbanization, the State must enact policies and institute programs ensuring inclusive, resilient
and sustainable urban development, in accordance with the Constitution and in the performance
of our commitment to and responsibilities under the 2030 Agenda for Sustainable Development
and the New Urban Agenda, which calls for the recognition, promotion and protection of the
right to the city of all people.

Towards this end, the State must ensure the equitable and sustainable distribution of urban
resources, inclusive social order, embracing and celebrating the diversity of identities and
cultures, and meaningful participation in urban planning and governance.

In view of the foregoing, the approval of this measure is earnestly sought.

JO! RANCISCO “KIKO” B. BENITEZ, Ph.D.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 72

Introduced by REP. JOSE FRANCISCO “KIKO” B. BENI

BZ, Ph.D.

AN ACT
PROVIDING FOR THE DEVELOPMENT OF SUSTAINABLE CITIES AND
COMMUNITIES IN THE COUNTRY, AND FOR OTHER PURPOSES

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 "Sustainable Cities and
Communities Act".

SEC. 2. Declaration of Policy. ~ The State shall, pursuant to the constitutional mandate
to undertake a continuing program of urban land reform and housing which will make available
to underprivileged and homeless citizens decent and affordable housing, access to basic
services, and adequate employment opportunities, and in consonance with the constitutional
guarantees on social justice, general welfare, public health, and ecological balance, recognize
the right to the city of alll which encompasses the collective access to sustainable resources,
meaningful participation in urban planning and governance, and social inclusion

It is likewise declared the policy of the State to promote inclusive, resilient, and
sustainable urban development.

Toward these ends, the State shail ensure the inclusive use of urban space for housing
and livelihood, improve access to basic services, develop integrated public transportation
systems and green infrastructures, protect ecosystems, and manage risks to climate change and
disasters.

Further, the State shall pursue programs to celebrate diversity and cultural heritage, foster
creativity, innovation, and participation in urban planning and policy-making, and maintain
public order and safety through the prevention of crime, violence and discrimination.

SEC. 3. Coverage. ~ All cities and municipalities, with a majority of barangays classified
as

urban by the Philippine Statistics Authority (PSA), hereinafter referred to as urban areas, are
hereby mandated to align their plans, programs and activities towards the full implementation
of

this Act.

SEC. 4. Guiding Framework for Sustainable Cities and Communities. — To fulfill its
economic, political and social functions, a local government unit covered under this Act shall


conform with and implement plans, programs and activities, guided by Ambisyon 2040 and
the Philippine Standards for Sustainable Cities and Communities, according to the following
principles:

(a) Inclusive urban circular economy which creates decent jobs with fair wages:
supports entrepreneurship, creativity and innovation; ensures safe and non-
discriminatory working environments; and promotes resource-efficient industries
and consumption;

(b) Spatial justice which promotes multiple use of land to prevent forced
evictions, displacement, marginalization, and gentrification; and ensures that
urban development provides vulnerable and marginalized sectors the access to
safe, adequate and affordable housing under different tenurial arrangements,
giving priority to on-site resettlement, as well as universal healthcare, accessible
education, infrastructures, livelihoods, food security and nutrition; and safe and
inclusive public spaces that foster social cohesion:

(©) Urban renewal which includes slum upgrading to improve housing,
infrastructures and services; urban greening, including the promotion of urban
agriculture for food security and communal wellness; and the development of
inclusive, safe, accessible and enjoyable open spaces and parks:

(d) Urban mobility and connectivity which provides for inclusive, safe, accessible,
affordable, efficient and sustainable public transportation through the
development of adequate transportation infrastructures, utilities and intermodal
transportation systems, including non-motorized modes of transportation to
strengthen global and urban-rural linkages and management;

(e) ICT infrastructure for digital connectivity which provides for fast, secure, stable,
and affordable internet connectivity that would be able to cater to technological
innovations and enhance digitalization to strengthen global and urban-rural
linkages and management;

(f) Urban safety which ensures freedom of all persons, regardless of gender, age,
health status, ineome, nationality, ethnicity, and political, religious or sexual
orientation from crimes and all forms of violence and discrimination in the
workplace and public spaces;

(g) Ecological balance which requires the sustainable management of natural
resources; protection and conservation of biodiversity, natural ecosystems and
landscapes; proper waste management and sanitation; provision of green
infrastructures; and the development and use of renewable energy sources in
transportation, industry and households to reduce carbon footprint and improve
water and air quality;

(h) Climate resilience which builds the capacity of urban areas to adapt to and
manage threats and risks posed by climate change and disasters to constituents
especially vulnerable groups, and to facilitate post “disaster rehabilitation and
recovery;


(i Cultural diversity which respects, protects, and promotes the diverse livelihoods,
customs, memory, identities, expressions, and sociocultural forms of its
inhabitants; preserves tangible cultural heritage, such as artistic creations,
historical sites and monuments; and safeguards intangible cultural heritage, such
oral traditions, performing arts, indigenous knowledge and traditional skills, as
well as the instruments, objects, artifacts and cultural spaces associated therewith;

(j) Participatory urban governance which involves political participation in the
formulation, implementation, monitoring, and budgeting of urban policies in
order to promote transparency, effectiveness, and inclusiveness in the
engagement of a diverse set of inhabitants and their organizations, especially of
urban poor and marginalized groups, upholding communal spirit and supporting
community-building; and

(k) Alignment of economic, social, and environmental policies between and among
national, regional, city, and municipal government units, facilitating the
achievement of the goals of each unit.

The Department of Human Settlements and Urban Development (DHSUD), in
consultation with relevant government agencies, local government units, civil society
organizations, the private sector and the academe, shall, within 180 days from the effectivity
of this Act, harmonize existing national housing and urban development plans with this Act
and formulate, in coordination with the Department of the Interior and Local Government
(DILG), the National Economic and Development Authority (NEDA), and the PSA, a National
Housing and Urban Development Sector Plan (NHUDSP) to operationalize the goals of this
Act, taking into consideration the unique and evolving economic, social and institutional
contexts of the country.

‘The NHUDSP shall provide short-term, medium-term, and long-term strategic plans to
achieve the goals of this Act.

‘The NHUDSP shall also generate estimates and projections to determine present and
future demand for infrastructures and services in urban areas, and shall identify policy and
program interventions to address challenges to sustainable urban development, and specific
periodic targets and indicators and investment requirements thereof.

SEC. 5. Targets and Indicators. - In preparing the NHUDSP, the DHSUD, NEDA,
DILG, and the PSA shall be guided by the principles provided under Section 4 of this Act, as
well as the targets and indicators set forth in the 2030 Agenda for Sustainable Development
and the New Urban Agenda of the United Nations:

(a) Urban population living in slums - measured in terms of proportion of urban
population living in slums, informal settlements or inadequate housing;

(b) Public transport access - measured in terms of proportion of population that has
convenient access to public transport, by sex, age, income group. and persons
with disability;

(c) Sustainable urbanization rates - measured in terms of ratio of land consumption
rate to population growth rate;


(d) Urban planning and management - measured in terms of proportion of cities with
a direct participation structure of civil society in urban planning and management
that operate regularly and democratically;

(e) Protecting cultural heritage - measured in terms of total public and private
expenditure per capita spent on the preservation, protection and conservation of
all cultural and natural heritage:

(f) Deaths and injuries from disasters - measured in terms of number of deaths,
missing persons and directly affected persons attributed to disasters per 100,000
population;

(g) Economic losses from disasters - measured in terms of direct economic loss in
relation to global GDP, damage to critical infrastructure and number of
disruptions to basic services, attributed to disasters;

(h) Solid waste management - measured in terms of proportion of urban solid waste
regularly collected and with adequate final discharge out of total urban solid
waste generated:

(i) Urban air quality - measured in terms of the annual mean levels of fine particulate
matter;

(@) Open spaces in cities - measured in terms of average share of the built-up area of
cities that is open space for public use for all, by sex, age and persons with
disabil

(k) Safe spaces in cities - measured in terms of proportion of persons who are victims
of physical or sexual harassment, by sex, age, persons with disability, and place
of occurrence, in the previous 12 months;

(1) Urban and regional planning - measured in terms of proportion of population
living in cities that implement urban and regional development plans integrating
population projections and resouree needs, by size of city;

(m)Integrated disaster risk management - measured in terms of adoption and
implementation of national disaster risk reduction strategies;

(n) Local disaster risk management - measured in terms of adoption and
implementation of local disaster risk reduction strategies in line with national
disaster risk reduction strategies:

(0) Urban economy - measured in terms of percentage of the labor force in the
education and Research and Development sectors, and unemployment rate and
number of businesses;

(p) Innovation-geared education - measured in terms of the number of Science,
Technology. Engineering, and Mathematics higher education degrees;


(q) Use of renewable energy - measured in terms of percentage of consumed energy
from renewable sources;

(®) Universal healthcare - measured in terms of number of in-patient hospital beds
and physicians;

(s) Food security - measured in terms of percentage of city budget spent on initiatives
on urban agriculture;

(1) Water and wastewater management - measured in terms of water consumption
per capita, percentage of households with access to basic water supply,
percentage of treated wastewater that is reused;

(u) Access to ICT services - measured in terms of proportion of population that has
access to fast, secure, stable, and affordable internet services to cater and
accommodate online or digital transactions or services necessary for the conduct
of daily activities in the modern society; and

(v) Such other targets and indicators as determined by DHSUD, NEDA, DILG, and
PSA consistent with the principles that guide sustainable cities and communities
as provided in Section 4 of this Act: Provided, That at any time, but not more than
once every five years, such targets and indicators may be reviewed or revised as
the need arises fo conform to changes and new developments brought about by
the latest trends in institutionalizing sustainable cities and communities.

SEC. 6. Urban Planning and Development, — The DHSUD, in coordination with
NEDA, DILG, and DPWH shall provide technical assistance to local government units in the
integration of the pertinent provisions of this Act, the National Urban Development and
Housing Framework, and the NHUDSP in their Annual Development Plans, Annual
Investment Plans, Physical Framework Plans, Development Master Plans, Comprehensive
Land Use Plans, Disaster Risk Reduction and Management Plans, and similar plans.

National agencies and local government units shall ensure the genuine and adequate
participation in urban, regional, spatial and environmental planning; Provided, That, access to
information, official records, public records and to documents and papers pertaining to official
acts. transactions or decisions, and research data related to urban development to enable
informed participation in the decision-making shall be made available pursuant to Section 7,
Article III of the 1987 Constitution.

SEC. 7. Incentives for Sustainable Cities. - The DILG and the Department of Budget
and Management shall incorporate the annual targets set by DHSUD, DILG, and NEDA in the
awarding of the Seal of Good Local Governance under Republic Act No. 11292 otherwise
known as "The Seal of Good Local Governance Act of 2019."

SEC. 8. Appropriations. — National government agencies and local government units
shall
include in their respective programs the needed operational and institutional requirements in
upholding the enumerated rights in this Act which fall within their respective legal mandates,
the initial funding of which shall be charged against their current appropriations. Thereafter,
such sums as may be necessary for the continued implementation of this Act by the national
government agencies shall be included in the annual General Appropriations Act.


The National Government and local government units shall accordingly pursue
alternative resource mobilization strategies, including, but not limited to, public-private
partnerships with guidance of the Public-Private Partnership Center, official development
assistance, and land value capture, to leverage public resources and maximize their value to
finance the operational requirements of this Act.

SEC. 9. Public Participation. ~ National Agencies and Local Government Units shall
ensure the genuine and adequate participation in urban, regional, spatial and environmental
planning through the following:

(a) Incentives for the private sector - the Department of Finance shall provide
incentives to the participation of the private sector in the achievement of the goals
identified under this Act, in accordance with Republic Act No. 1071, otherwise
known as the “Philippine Green Jobs Act of 2016”;

(b) Capacity building for communities - dthe DHSUD shall provide technical
assistance to homeowners’ associations, neighborhood associations, people's
organizations, and other local organizations to empower them as partners in
achieving the goals of this act, and enable them to undertake community-level
actions towards becoming sustainable communities; and

(c) Informed participation - information, education and communication materials
shall be developed to make the NHUDSP accessible to all. Every Filipino shall
have access to information, official records, public records and to documents and
papers pertaining to official acts, transactions or decisions, and research data
related to urban development to enable informed participation in the decision-
making process.

SEC. 10. Report to Congress. — The DHSUD, NEDA, and DILG shall submit an annual
report on the performance of their respective duties provided for under this Act and the
compliance of cities and urban municipalities to the provisions of this Act to Congress of the
Philippines, through the Committee on Housing and Urban Development of the House of
Representatives and the Committee on Urban Planning, Housing and Resettlement of the
Senate.

SEC. 11. Implementing Rules and Regulations. — Within six (6) months from the
effectivity of this Act, the DHSUD, in consultation with the NEDA, DILG, PSA, local
government units, civil society organizations, the private sector and the academe, shall
promulgate the implementing rules and regulations for the effective implementation of this
Act.

SEC. 12. Separability Clause. ~ If any provision of this Act or a portion thereof is
declared unconstitutional, the remainder of this Act or any provision not affected thereby shall
remain in force and effect.

SEC. 13. Repealing Clause. ~ All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.


SEC. 14. Effectivity. — This Act shall take effect afier fifteen (15) days from its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.