NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
t’««ft '1 ■
o{ ihr f:'
•22 JUL 12 AH :40
SENATE
S.B. No. 370
Rl-aiv:-0BY.
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PRESCRIBING A JUST AND HUMANE CODE OF CONDUCT FOR THE 
RESETTLEMENT OF UNDERPRIVILEGED AND HOMELESS CITIZENS, 
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND APPROPRIATING 
FUNDS THEREFOR
EXPLANATORY NOTE
The Philippines has one of the highest concentrations of urban poor in the East 
Asia Pacific region. Urban poor communities find themselves in unsafe areas, have poor 
housing conditions, and have limited access to basic social services. The Constitution is 
clear that the State shall ensure that underprivileged and homeless citizens have access 
to adequate, safe, secure, habitable, sustainable, resilient and affordable housing 
(Section 9, Article XIII). Likewise, the State shall neither evict nor demolish informal 
settler families, except in accordance with law and in a Just and humane manner, and 
shall promote social justice in ail phases of national development.
This bill aims to breathe life into these Invocations of the Constitution and installs 
in place mechanisms to protect the rights of informal settler families when eviction or 
demolition becomes unavoidable, as for example when the inhabited structure is located 
in a danger zone, when government infrastructure projects with available funding are to 
be conducted, or when there is court order for demotion or eviction.
The bill mandates that social preparation activities be conducted before the 
eviction or demolition - ensuring 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. During the 
demolition process, the bill establishes a code of conduct to prevent the outbreak of


violence and to protect the most vulnerable. It also mandates adequate relocation 
immediately after demolition.
Our cities are the engines of growth for the country, but many of our urban 
residents still remain at the fringes of progress - unable to access basic social services, 
vulnerable to dimate-related disasters, and finding their rights and dignity violated. This 
bill does not aim to address, and eradicate, all the underlying causes of urban poverty; It 
does, however, aim to respond to an Important aspect of It: just and humane housing.
The passage of this bill is earnestly sought.
RISA HONTIVEROS u 
Senator


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Bffi f* ot Ii-,:
I:in>
NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
•22 JUL 12 All :40
S.B. No
SENATE
370
Ri'.Cfctv'')
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PRESCRIBING A JUST AND HUMANE CODE OF CONDUCT FOR THE 
RESETTLEMENT OF UNDERPRIVILEGED AND HOMELESS CITIZENS, 
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND APPROPRIATING 
FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in the 
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 XIII and Section 10, Article II of the Constitution, the State 
shall neither evict nor demolish informal settler families, except in accordance with law 
and 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 at affordable cost, decent housing and basic services 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 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 ail stages of the 
relocation and resettlement process with the affected communities, which should include 
a space for children, women and other marginalized groups.


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Sec. 3. Definition of Terms. - As used in this Act; the following terms are defined as
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follows:
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a. Adequate and Genuine Consultation. - refers to the constitutionally mandated
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process whereby the public, on their own or through people's organizations, is
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provided an opportunity to be heard and to participate in the decision making
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process on matters involving the protection and promotion of its legitimate
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collective interest, which shall include the following:
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i. 
Effective dissemination and full access, to the public, of relevant
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information, plans and documents, including but not limited to land records,
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housing budgets, the proposed plan or project, alternative housing options,
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technical studies, and comprehensive resettlement plans;
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ii. 
Reasonable time, which shall not be less than thiity (30) days, for the public
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to review, comment and object to the plans and studies;
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iii. 
Provision by the government or non-government organizations of legal,
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technical, and other appropriate advice to affected persons, households,
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and/or organizations on their rights and option;
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iv. 
Separate sessions of open and public consultations with affected
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households in general and affected subsectors in particular, including but
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not limited to women, children, youth, senior citizens, persons with
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disabilities (PWDs), workers, farmers, fisherfolk, and lesbians, gays,
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bisexuals, and transgenders (LGBT);
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V. 
Public hearings that provide affected ISFs and their advocates with
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opportunities to challenge the eviction decision or present alternative
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proposals and to articulate their demands and development priorities; and
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Vi. 
The conclusion of any mediation, arbitration, or adjudication proceedings
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by an independent body vested with constitutional authority such as a court
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of law, when appropriate and availed of, in case no agreement is reached
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on the proposals of the concerned parties.
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b. Danger Area - Refers to areas which, when occupied for residential purposes,
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actually pose a danger to the life and safety and property of either the concerned
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residents or of the general community. The danger is due to an unavoidable source
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of probable harm to human life or well-being.
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c. Demolition - Refers to the dismantling by the LGU, or any legally authorized
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agency of government, of all structures within the premises subject for clearing.
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d. Eviction - Refers to the removal of persons and their belongings from a subject
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building/structure or area, or both, in accordance with law.


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e. High Risk Area - 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.
f. Informal Settler Families (ISF) -refers to individuals or households living in any of 
the following places:
i. 
Lots, buildings, dwelling units, or other structures without the consent of 
the property owner;
ii. 
Danger areas;
Hi. Areas for government Infrastructure projects;
iv. Protected or forest areas, except for indigenous peoples;
V. Areas for priority development as declared under Proclamation No. 1967, 
series of 1980, if applicable;
vi. 
Government or public lands or facilities not intended for human habitation; 
or
vii. 
Any other places, after being displaced due to natural or man-made 
hazards.
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 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 ISF 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 tenurlal 
security, human development and basic services, employment and livelihood and 
other government programs for the ISF.


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Sec. 4. Coverage. - This law shall apply in all cases of demolition or eviction, whether
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undertaken by the government or private individuals or entities, and whether ordered by
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the courts or otherwise.
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Sec. 5. Policy on Eviction and Demoiition. - As a general rule, any eviction of informal
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settler families or demolition of the structures they live in or any appurtenance thereto
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shall be prohibited.
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Sec. 6. Exceptions. - Eviction of informal settler families or demolition of the structures
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they live in or any appurtenance thereto shall be allowed only in the following exceptional
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cases:
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a. When ISFs occupy a danger area, such as esteros, railroad tracks, garbage dumps,
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riverbanks, shorelines, waterways, and other public places such as sidewalks,
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roads, parks, and playgrounds, or a high risk area which poses a high level of
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threat to public welfare and safety that cannot be addressed through or remedied
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by scientific, physical and engineering methods and, thereby, is unsuitable for
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settlement and permanent structures: Provided, that an area can only be declared
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as a danger area or high risk area through an appropriate technical study,
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adequate and genuine public consultation with the affected persons or entities,
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and certification by the appropriate government agency. It shall be the duty of the
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province and the city or municipality, after one hundred twenty (120) days from
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the effectivity of this Act, to conduct the technical studies and public consultations
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necessary to identify all danger and high risk areas within their respective
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jurisdictions.
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b. When government infrastructure projects with available funding are about to be
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implemented: Provided, that evictions or displacements of population due to any
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development project or business venture involving the government should be
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avoided or minimized: Provided, further, that if eviction is unavoidable under the
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circumstances, the government shall conduct a comprehensive and holistic impact
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assessment, before the project is implemented, to determine whether the project
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will serve the public interest and to explore alternatives and strategies to minimize
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harm and further violation of human rights of the affected communities,
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particularly children, women and other marginalized groups: Provided, finally, that
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the agency which seeks to implement the eviction or demolition shall establish the
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budget pertaining to it upon its application to the Presidential Commission for the
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Urban Poor for an eviction or demolition certificate of compliance; and
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c. When there is a court order for eviction and demolition: Provided, however, that
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no execution of eviction or demolition order shall proceed and be carried out during


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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.
Sec. 7. Mandatory Requirements Before, During and After the Conduct of Eviction or 
Demoiition. - 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. Conduct of social preparation activities related to asset reform, human 
development an 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 for children of both communities on matters relating to the 
promotion and protection of their right to development, survival, 
protection and participation shall be conducted.
Notice 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);
II.
III.


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c. The Department of Education (DepEd);
d. The Department of Public Works and Highways (DPWH);
e. 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 (PGUP);
i. 
The Commission on Human Rights (CHR);
j. The Philippine Commission on Women (PCW);
k. The Council for the Welfare of Children (CWC);
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Appropriate Key Shelter Agencies;
m. Representatives from non-government organizations and/or 
people's organizations working for the interest of the informal 
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 LGUs.
ili. The inter-agency pre-eviction or pre-demolition conference with the 
affected underprivileged and homeless citizens shall be presided by 
the Presidential Commission for the Urban Poor, which may call on 
the assistance of other agencies whenever necessary;
iv. A plan for eviction or demolition shall be formulated during the inter­
agency pre-eviction or pre-demolition conference, setting forth 
therein clear procedures that will be implemented during the eviction 
or demolition to prevent any human rights violation;
V. The details of the inter-agency pre-eviction or pre-demolition 
conference with the affected underprivileged and homeless citizens 
shall be documented or recorded, and a summary of the points of 
the agreements arrived at as well as the disagreements shall be 
considered and given weight by the inter-agency body in coming up 
with a decision on matters relating to the conduct of eviction or 
demolition: Provided, that copies of the documentation and summary 
shall be provided to ail the stakeholders present three (3) days after 
the pre-eviction or pre-demolition conference;


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vi. 
The inter-agency pre-eviction or pre-demolition conference with the 
affected underprivileged and homeless citizens shall be conducted 
after seven (7) days from service of notice of eviction or demolition 
upon the affected persons and entities; and
vii. 
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.
IV. 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 
eviction or demolition activity, including private security, and 
the names of the Philippine National Police Personnel assigned 
to maintain law and order;
Notice of the date of demolition which shall be at least five 
(5) calendar days from such notice; and 
List of officers of the agencies forming part of the inter-agency 
body convened to extend support and assistance.
B. During Eviction and Demolition.
I. 
Reading of the plan of eviction or demolition agreed upon during the inter­
agency pre-eviction or pre-demolition conference;
II. 
Presence of local government officials or their representatives during 
eviction or demolition;
III. 
Proper identification of all persons taking part in the demolition;
IV. 
Execution of eviction or demolition only during regular office hours from 
Mondays to Fridays and during good weather, unless the affected families
consent otherwise;
V. 
No use of heavy equipment for demolition except for structures that are 
permanent and made of concrete materials;
VI. 
Proper uniforms for members of the Philippine National Police who shall 
occupy the first line of law enforcement and observe proper disturbance 
control procedures: Provided, that the PNP, in coordination with the DSWD, 
shall ensure the safety and security of the affected children, pregnant and
ill.
IV.


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lactating mothers, senior citizens, persons with disabilities and other groups
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or marginalized sectors in the areas of eviction or demolition;
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VII. Observance of a minimum standard of conduct based on rules of
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engagement that apply maximum tolerance in order to prevent the
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outbreak of violence or the escalation thereof: Provided, that any legal use
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of force must respect the principles of necessity and proportionality:
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Provided, further, that the child protection policy in the conduct of eviction
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or demolition shall be implemented;
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VIII. Measures to protect the evictees from threats or harassment from the
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government or private persons or entities, including gender-based violence:
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Provided, that legal assistance to any complaining party shall be available;
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and
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IX. Transparency in all stages of the eviction or demolition process, allowing
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the media to cover the whole event
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C. After Eviction or Demolition
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I. Adequate housing and relocation, whether temporary or permanent:
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Provided, that in cases of eviction and demolition pursuant to a court order
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involving underprivileged and homeless citizens, relocation shall be
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undertaken by the local government unit concerned and the National
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Housing Authority with the assistance of other government agencies within
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forty-five (45) days from the service of notice of final judgement by the
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court, after which period the said order shall be executed: Provided,
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However, that should relocation not be possible within the said period,
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financial assistance in the amount equivalent to the prevailing and
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applicable minimum daily wage for non-agricultural workers, multiplied by
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sixty (60) days, shall be extended to the affected families by the local
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government unit concerned: Provided, further, that the financial assistance
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shall not replace the requirement of adequate relocation; and
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II. Immediately after the eviction, all relief measures, medical facilities,
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psychosocial services, documentation of evictees to prevent displacement
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or family separation and similar assistance shall be put in place by the local
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government units concerned in partnership with relevant government
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agencies.
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Sec. 8. Observance of Requirements. - Observance of the above requirements
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shall be mandatory in all cases involving the eviction and demolition of underprivileged


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and homeless citizens and ISFs, regardless of whether or not their dwellings or residential
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structures were constructed before or after the effectivity of this Act.
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Sec. 9. Rules and Regulations. - The Department of Interior and Local Government
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and the Department of Human Settlements and Urban Development shall jointly
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promulgate the necessary rules and regulations to carry out the immediately preceding
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section.
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Sec. 10. Requirement for Perimeter Fencing. - It shall be prohibited for any person
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to secure or build a perimeter fence on an area or property inhabited by underprivileged
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and homeless citizens after the same is razed to the ground by a fire or ruined by a
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natural calamity: Provided, that the fencing of the of the property shall be allowed if the
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person causing the fencing can show a duly-signed court order allowing the same.
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Sec. 11. Designation of a Central Coordinating Body for Eviction, Demolition and
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Resettlement - The Presidential Commission for the Urban Poor (PGUP) is hereby
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designated as the Central Coordinating Body for the conduct of eviction and demolition
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activities Involving underprivileged and homeless citizens.
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Sec. 12. Functions of Centra! Coordinating Body. - The PGUP shall exercise the
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following functions:
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1. Monitor all evictions and demolitions, whether extrajudicial or court-
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ordered, involving underprivileged and homeless citizens;
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2. Require a government agency or local government unit proposing to
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undertake the eviction or demolition activities to secure first from the PGUP
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Central Office, in the case of national projects, or from its regional office In
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case of local projects, the checklist and guidelines for the national and local
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projects, respectively, on eviction or demolition prior to the actual
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implementation thereof and, subsequently, to submit to the PGUP the
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completed checklist, attested to under oath by the proponent, indicating
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that:
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a. Adequate and genuine consultation with the affected families have
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already been undertaken;
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b. Adequate resettlement site and relocation facilities are available; and
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c. The pre-relocation requirements have been complied with;
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3. Review the basis for application for the conduct of eviction of
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underprivileged and homeless citizens or the demolition of their dwellings
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or appurtenances thereto in a danger area or high risk area, or in an area
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where a government infrastructure project with available funding is about
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to be implemented;


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4. 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;
5. Initiate, in coordination with relevant government agencies, the formulation 
of rules of engagement in the implementation of eviction or demolition 
based on maximum tolerance and on the principles of necessity and 
proportionality;
6. 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;
7. Investigate motupropioov 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;
8. 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;
9. 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;
10. Require assistance and necessary information from any government agency 
in the discharge of its functions under this Act;
11. 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 PGUP 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 
PGUP shall be balanced, fair and true;
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12. Administer oaths, issue subpoenas duces tecum, and take the testimonies
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of witnesses in the course of its investigation;
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13.Adopt its own operational guidelines and rules of procedures, as well as
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rules and regulations not otherwise inconsistent with existing laws, rules
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and regulations, to effectively carry out Its mandate; and
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14. Perform such other functions as may hereafter be provided by law.
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The PGUP shall designate additional personnel to carry out its mandate.
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Sec. 13. Penalty for Violation. - Any person who violates sections 6,7, and 8 hereof
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shall be imposed the penalty of not less than six (6) months but not more than six (6)
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years of imprisonment or a fine of not less than twenty-five thousand pesos (25,000.00)
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but not more than one hundred thousand pesos (100,000.00), or both, at the discretion
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of the court: Provided, that. If the offender is a corporation, partnership, association, or
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the government-owned or controlled corporation, or other juridical entity, the penalty
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shall be imposed on the officer or officers of said corporation, partnership, association,
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government entity, or juridical entity who caused the violation.
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Sec. 14. Appropriations. - The amount necessary to carry out the purpose of this
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Act shall be included in the annual budget of implementing agencies in the General
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Appropriations Act of the year following its enactment into law and every year thereafter.
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Sec. 15. Implementing Rules and Regulations. - Within one hundred twenty (120)
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days from the effectivity of this Act, the Department of Human Settlements and Urban
21 
Development, Department of the Interior and Local Government, and Presidential
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Commission for the Urban Poor shall, in consultation with non-government organizations,
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people's organizations, informal settler families and their organizations, and the private
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sector, jointly promulgate the rules and regulations implementing the provisions of this
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Act.
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Sec. 16. Separability Clause. - If any provision of this Act Is declared
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unconstitutional, the remainder of this Act or any provision not affected thereby shall
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remain in full force and effect.
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Sec. 17. Repealing Clause. - All laws, executive orders, presidential decrees,
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proclamations, rules, regulations, issuances, and enactments or parts thereof inconsistent
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with this Act are hereby repealed or modified accordingly.
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Sec. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,
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