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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO._2996

Introduced by Representative Ivan Howard A. Guintu

EXPLANATORY NOTE

The Philippines, being along the typhoon belt is vulnerable to frequent typhoons
which average 20 per year. Among the 20, five may be destructive.’ In fact, just recently, in
December 2021, Typhoon Odette made its first rainfall in Siargao with subsequent landfalls
across other areas in Mindanao and Visayas.’ The typhoon caused damage and displaced a
total of 7.8 million people with thousands injured and deaths reaching 405 people. An
estimated 2 million houses have been damaged, of which, 446 thousand have been totally
damaged. About 10.2 million hectares of crop area were destroyed, 120 thousand livestock
and poultry were lost, and the cost of damages to agriculture was estimated to be over 17
billion pesos.

During calamities or disasters, economic activity is disrupted and affected. Aside
from the destruction and damage caused by disasters, there is also temporary stoppage of
business and work as well as lack of access to various services including banking. In times
like this, minimum wage earners and small business owners may face extreme difficulty in
meeting their recurring financial obligations including utilities and rental payments, among
others. During such difficult times, those affected and made vulnerable by calamities should
be afforded protection and assistance by the government. The frequency of natural disasters
and calamities in our country has highlighted the need to institutionalize a form of assistance
for those who have been affected.

* Tropical Cyclone information. PAGASA. Retrieved July 8. 2022, from_bitpsi/wwwpagasa dost.gov.phiclimateitropical-
‘eyclone information

? UN Office for the Coordination of Humanitarian Affairs. (2022, February 11). Philippines: Super Typhoon Rai fodette) -
situation report no. 4 (as of 11 february 2022) - Philippines. ReliefWeb. Retrieved July 8, 2022, from
‘ttps:/eliefveb inveeport/philippines/philippines-super-typhoon-rai-odette-situation-report-no-4--february-2022

* National Disaster Risk Reduction and Management Council. (n.d). Typhoon Odette: Final Report. Retrieved July 8, 2022,
from htps:Jindrrme- gov. plVattachments/artcle/4174/Final_Report for Tropical Cyclone ODETTE_2021 pdf


This proposed legislative measure seeks to provide one such form of assistance by
providing for a moratorium on the enforcement of payments of costs relating to rental of
residential units and for a moratorium on evictions for the entire duration of a national or
local state of calamity or emergency and for thirty (30) days from the termination of the said
state of calamity or emergency. Furthermore, moratorium on rental payment and eviction
may also be applied to commercial or office space rental of micro, small and medium
enterprises (MSMEs) at the discretion of the Secretary of Trade and Industry taking into
account the circumstances caused by calamities or emergencies.

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

ECANTU
Pinuno Partylist


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

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No,_2996

Introduced by Representative Ivan Howard A. Guintu

AN ACT
PROVIDING FOR A MORATORIUM ON RENTAL PAYMENT AND EVICTION
DURING DISASTERS AND OTHER EMERGENCIES

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 “Rental Payment and

Eviction Moratorium during Disasters and Emergencies Act.”

SEC. 2. Declaration of Policy. — \n the interest of promoting the common good and
the general welfare, it is hereby declared the policy of the State to provide adequate relief and
protection to those suffering from the ravages of calamities and other emergency situations

SEC. 3. Definition of Terms. — For purposes of this Act, these terms are defined as
follows:

a, “Disaster” — a serious disruption of the functioning of a community or a society
involving widespread human, material, economic or environmental tosses and
impacts, which exceeds the ability of the affected community or society to cope using
its own resources. Disasters are often described as a result of the combination of: the
exposure to a hazard; the conditions of vulnerability that are present; and insufficient
capacity or measures to reduce or cope with the potential negative consequences,
Disaster impacts may include loss of life, injury, disease and other negative effects on
human, physical, mental and social well-being, together with damage to property,
destruction of assets, loss of services, Social and economic disruption and
environmental degradation;

a. “Emergency” — unforeseen or sudden occurrence, especially danger, demanding
immediate action;


b. “State of Calamity” — a condition involving mass casualty and/or major damages to
property, disruption of means of livelihoods, roads and normal way of life of people
in the affected areas as a result of the occurrence of natural or human-induced hazard.

c. “Rent” ~ the amount paid for the use or occupancy of a residential unit whether
payment is made on a monthly or other basis.

d. “Residential unit” - an apartment, house and/or land on which another's dwelling is
located and used for residential purposes and shail include not only building houses,
dormitories, rooms and bed spaces offered for rent by their owners, except motels.
motel rooms, hotels, hotel rooms, but also those used for home industries, retail stores
or other business purposes if the owner thereof and his or her family actually live
therein and use it principally for dwelling purposes.

e. “Lessee” ~ the person renting a residential unit.

f. “Owner/Lessor” — the owner or administrator or agent of the owner of the residential
unit.

g. “Sublessor” — the person who leases or rents out a residential unit leased to him by an

owner.

h. “Sublessee” — the person who holds a lease which was given to another person for ail
or part of a property.

SEC. 4. Scope of Application. — This Act shal! cover disasters and other kinds of
emergencies which are (1) national in scope, as declared through a State of Calamity or State
‘of National Emergency by the President of the Philippines, and (2) provincial, city or
municipal in scope, as declared through a State of Calamity or Emergency by the appropriate
local government unit.

SEC. 5. Moratorium on Rental Payments. - There shall be a moratorium on the
enforcement of payment of all fees, charges, and costs relating to the rental of residential
units, whether in a lease or sublease arrangement and whether reduced in a written form or
not, for the duration of the State of Calamity or Emergency mentioned in Section 4 of this
Act and for thirty (30) days from the termination of said State of Calamity of Emergency:
Provided, that if the covered period exceeds a total of sixty (60) days, the payment of the
deferred fees, charges and costs shall be spread out for a six-month period of equal
installments; Provided further, That no penalties or interests shall be collected on the
payments by virtue of this Act.

The benefit of this moratorium on rental payment may be applied to commercial or
office space rental of Micro, Small and Medium Enterprises (MSMES), at the discretion of
the Secretary of the Department of Trade and Industry (DT!). taking into consideration the



fact of closure/shutting down of businesses, community quarantine orders, or any other
circumstance that may hamper their operations,

Nothing in this Act shall prevent the contractual parties from mutually agreeing on
other forms of payment relief or assistance, or from voluntarily waiving the benefit of the
moratorium on rental payments,

SEC. 6. Moratorium on Eviction. — During the same period stated in Section 5 of this
‘Act, the lessor, sublessor or owner of a residential unit may not make, or cause to be made,
any eviction or similar legal proceeding to recover possession of the residential unit from the
lessee/sublessee regardless of cause, except when a lessee/sublessee perpetrates a criminal act
that threatens the life, limb and property of the lessor. sublessor or owner, or his/her
immediate family, other tenants or staff of the property in which the residential unit is
located.

‘The benefit of this moratorium on eviction may be applied to commercial or office
space rental of Micro, Small and Medium Enterprises (MSMEs), at the discretion of the
Secretary of the Department of Trade and Industry (DT1). taking into consideration the fact of
closure/shutting down of businesses, community quarantine orders, or any other circumstance
that may hamper their operations.

SEC. 7. Implementing Rules and Regulations. ~ Within sixty (60) days from the
effectivity of this Act, the Department of Trade and Industry (DTI) and the Department of
Human Settlements and Urban Development, in consultation with other relevant government
agencies and stakeholders. shall issue the necessary rules and regulations to implement the
provisions of this Act.

SEC. 8 Repealing Clause. - All laws, presidential decrees, executive orders,
proclamations, rules and regulations, or any part thereof, which are inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SEC. 9. Separability Clause. ~ If any provision or part of this Act, or the application
thereof to any person or circumstance, is held unconstitutional or invalid, the remainder of
this Act shall not be affected thereby.

SEC. 10. Effectivity Clause. ~ This Act shall take effect fifteen (15) days from its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved.