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

Seventeenth Congress
First Regular Session

3736

HOUSE BILL NO.

Introduced by Honorable Rodante D. Marcoleta

EXPLANATORY NOTE

Section 9, Article XIII of the 1987 Constitution provides: “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. x x x”

Republic Act (RA) No. 7279, otherwise known as the “Urban Development
and Housing Act of 1992” was enacted primarily to uplift the conditions of the
underprivileged and homeless citizens in urban areas and in resettlement areas by
making available to them decent housing at affordable cost, basic services, and
employment opportunities. Section 28 of RA 7279 provides for the situations when
eviction and demolition shall be allowed. Among others, eviction and demolition
shall be allowed “when there is a court order.”

This bill seeks to amend Section 28 (c) of RA No 7279 by emphasizing that
the “court order” referred to therein shall apply only to final and executory judgments.
Likewise, the proposed measure modifies said provision to the effect that no
execution pending appeal shall be granted or allowed by the courts in cases involving
underprivileged and homeless citizens who are beneficiaries under RA No, 7279. This
implies that these individuals have no money to pay appeal fees or the supersedeas
bond necessary to stay the execution of an ejectment case pending appeal. Hence, this
bill.

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

BODANTYD: MARCOLET.


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

Seventeenth Congress
First Regular Session

HOUSE BILL No. 8736
Introduced by Honorable Rodante D. Marcoleta

AN ACT
ALLOWING THE ORDER OF EVICTION OR DEMOLITION BY THE
COURTS ONLY WHEN JUDGMENT BECOMES FINAL AND EXECUTORY
AMENDING FOR THE PURPOSE REPUBLIC ACT NUMBER SEVENTY-
TWO HUNDRED AND SEVENTY-NINE OTHERWISE KNOWN AS THE
URBAN DEVELOPMENT HOUSING ACT

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

SECTION 1. Paragraph (c) of Section 28 of Republic Act No. 7279 is hereby
amended to read as follows:

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

(a) x x x

Xxx xxx xxx
“(c) When there is a court order for eviction and demolition [.]

BASED ON A FINAL AND EXECUTORY JUDGMENT:

PROVIDED, HOWEVER, THAT, WHEN A JUDGMENT HAS


BEEN RENDERRED AND AN APPEAL HAS BEEN DULY
PERFECTED BUT A PARTY WHO IS AN UNDERPRIVILEGED

AND HOMELESS CITIZEN AS DEFINED IN THIS ACT FAILS TO

FILE SUFFICIENT BOND, THE SAME SHALL NOT BE A CAUSE

FOR COURTS TO ISSUE AN ORDER FOR EXECUTION OF
JUDGMENT.”

x x x
SEC.2. This Act shall take effect fifteen (15) days after its publication

in at least two (2) national newspapers of general circulation.

Approved,