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

Sixteenth Congress
Fist Regular Session

House Bil No._ 26.18

Introduced by AKBAYAN Representatives
Ibarra M. Gutierrez III and Walden F. Bello

EXPLANATORY NOTE

‘This bill is an updated version of House Bill No. 4021 filed by AkbayanRepresentatives
‘Walden F. Bello and Kaka J. Bag-ao in the Fifteenth Congress.

Section 10, Article XIII of the Philippine Constitution expressly protects the poor and
marginalized from forced eviction. It provides that urban and rural poor dwellers shall
not be evicted nor their dwellings demolished, except in accordance with Jaw and in a just
and humane manner. This Constitutional guarantee is recognition of the right of all

persons, regardless of economic status, to human dignity.

‘This provision is likewise consistent with the Philippine obligation under the
Intemational Covenant on Economic, Social and Cultural Rights, particulatly Article 11.1
as discussed under General Comment No. 7 of the United Nations Committee on
Economic, Social and Cultural Rights, which required the State to refrain from forced
evictions and to ensute that the law is enforced against its agents or third parties who

carry out forced evictions.

Congtess, through the enactment of Republic Act No. 7279, or the Urban Development
and Housing Act of 1992, implemented both mandates under the Philippine Constitution
and international law. Section 28 of Republic Act No. 7279, in particular, prohibited

eviction a5 a practice, but allowed for three exceptions, to wit: (1) when persons or


entities occupied danger areas, such as railroad tracks or riverbanks, or public places, such

as sidewalks or toads, (2) when government infrastructure projects are being
implemented; and (3) when there is a court order for demolition, In any of these
“quthorized” evictions, however, the State was mandated to ensure compliance with eight

mandatory requirements

However, Republic Act No. 7279, as currently worded, limits the protection of Section
28, and consequently, the scope of the implementation of the mandates under the
Philippine Constitution and the International Covenant on Economic, Social and Cultural
Rights, to only those persons who constructed dwellings prior to the effectivity of the law
‘on 28 March 1992, ‘This “cut-off” has resulted in a tremendous disparity in the substantial
tights of members of urban poor communities, based on nothing more than an accident
of timing, and has led to thousand of poor Filipinos being arbitrarily deprived of their
human tight against forced evictions as guaranteed both under the Constitution and

intemational human rights law.

Tt must be noted that both the Philippine Constitution and the Intemational Covenant on
Economic, Social and Cultural Rights recognize this right without qualification, and
intend it to be fulfilled and protected for all persons without discrimination and regardless

of their personal circumstances.

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

IBARRA M. GUT] ZT

WALDE! ELLO



Car auerune

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

Sixteenth Congress
Pint Regular Session

2618

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra M. Gutierrez III and Walden F. Bello

AN ACT
STRENGTHENING THE IMPLEMENTATION OF THE RIGHT AGAINST
FORCED EVICTIONS
AMENDING FOR THIS PURPOSE PROVISIONS REPUBLIC ACT NO. 7279,
AS AMENDED BY REPUBLIC ACT NO. 9397, 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. Declaration of Policy—Pursuant to the clear and express declarations in
Section 10, Article XIIT of the Philippine Constitution and to the International Covenant
on Economic, Social and Cultural Rights, itis hereby declared the policy of the State to
ensure that the human right against forced evictions be fulfilled and protected by the
State in favor of all persons without discrimination,

SECTION 2. Amendatory Provisions—Consistent with the policy stated in Section 1,
the following sections of Republic Act No. 7279 are hereby amended:

(@) Section 16 of Republic Act No. 7279, as amended by Republic Act 9397,
otherwise known as the Urban Development and Housing Act of 1992, is hereby

amended to read as follows:


1 “Section 16. Eligibility Criteria for Socialized Housing Program
2 Benficiarits—A beneficiary for the socialized housing
3 program should have the following qualifications:

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5 a) Must be a Filipino citizen;

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7 b) Must be an underprivileged and homeless citizen,
8 as defined in Section 3 of this Act,

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10 ©) Must not own any real property whether in the
uM urban or rural areas; and

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13 @) Must not be a professional squatter or a member
14 of squatting syndicates.

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16 Any person who possess these requirements is entitled to
7 be registered as a beneficiary of the socialized housing
18 KOS # th. requirements are exclusive;
19 Pro further, That any person who possess these
20 require y uded from registration as
aa beneficiary on any other grounds or consideration.”

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23. (b) Section 28 of Republic Act No. 7279, as amended by Republic Act 9397,
24 otherwise known as the Urban Development and Housing Act of 1992, is hereby
25 amended to read as follows:

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27 “Section 28, Eviction and Demolition —Eviction or demolition
28 as a practice shall be discouraged. Eviction or demolition,
29 however, may be allowed under the following situations:

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at a) When persons or entities occupy danger areas
22 such as esters, railroad tracks, garbage dumpsites,
33 riverbanks, shorelines, waterways, and other

34 public places such as sidewalks, roads, parks, and


Cerda Hee

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b)

playgrounds;

When government infrastructure projects with

available funding are about to be implemented; or

When there is a court order for eviction and

demolition.

In the execution of eviction or demolition orders

involving underprivileged and homeless citizens, the

following shall be mandatory:

a)

b)

¢d

Notice upon the effected persons or entities at
least thirty (30) days prior to the date of eviction

or demolition;

Adequate consultations on the matter of
settlement with the duly designated representative
of the families to be resettled and the affected
communities in the areas where they are to be

relocated;

Presence of local government officials or theit

representatives during eviction or demolition;

Propet identification of all persons taking part in

the dem

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

consent otherwise;

No use of heavy equipment for demolition except


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for structures that are permanent and of concrete

materials;

8) Proper uniforms for members of the Philippine
National Police who shall occupy the first line of
law enforcement and observe proper disturbance

control procedures; and

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

‘were constructed after the effectivity of this Act.

‘The Department of Interior and Local Government and
the Housing and Urban Development Council shall jointly
promulgate the necessary rules and regulations to carry out


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the above provision.”

(© Section 30 of Republic Act No. 7279, as amended by Republic Act 9397,
otherwise known as the Urban Development and Housing Act of 1992, is hereby

amended (0 read as follows:

“Section 30. Probibition Against New Ulegal Structures—It
shall be unlawful for any person (© construct any

structure in areas mentioned in the preceding Section.

‘After the effectivity of this Act, the barangay, municipal
or city government units shall prevent the construction of
any kind of illegal dwelling units or structures within their
respective localities. Provided, homes," y eviction of
demolition of undesprivileged and homeless citizens
conducted in implementation of this Section must be

in full e with the
eight (8) mandatory requirements _prescril under
Section 28 of this Act. The head of any local government
unit concerned who allows, abets or otherwise tolerates
the construction of any structure in violation of this
Section, or who, in implementation thereof, conducts an
-viction_or demolition involving underprivileged and
omeless citizens without complying Section 28,
shall be liable to administrative sanctions under existing

laws and to penal sanction provided for in this Act.”

SECTION 3. Implementing Rules and Regulations —Within sixty (60) days from the
effect
new set of Implementing Rules and Regulations for the amended Sections 16, 28 and 30

ivity of this Act, the Housing and Land Use Regulatory Board shall promulgate a

of Republic Act No. 7279, consistent with the parameters and standards set forth in said
sections. Non-government organizations and people's organizations involved in housing
rights and urban poor advocacy, as well as the private sector, shall be consulted in the

process of drafting these implementing rules and regulations.


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SECTION 4. Separability Clause—If, for any reason, any provision of this Act is
declated invalid or unconstitutional, the remaining provisions not affected thereby shall

continue to be in force and effect.

SECTION 5. Repealing Clause—All laws, decrees, executive orders, proclamations,
rules and regulations, and other issuances, or part or parts thereof, which are inconsistent

with the provisions of this Act are hereby repealed or modified accordingly.
SECTION 6. Effectivity Clause-—This Act shall take effect fifteen (15) days after the
completion of its publication in the Official Gazette or at least two (2) newspapers of

‘general circulation,

Approved.