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

NINE TH CONGRES
First Regular Session

2028

HOUSE BILL NO.

Introduced by Representative Ivan Howard Guintu

EXPLANATORY NOTE

Natural disasters such as carthquakes, typhoons, and volcanic cruptions are
natural occurrences due to the geographic location of the Philippines in the Pacific
Ring of Fire. Storm surges are now part of local weather reports after Typhoon Yolanda
in 2013. Taal Volcano is a permanent danger zone after its eruption in January 2020.
Both disasters caused casualties, damaged infrastructure and properties, lost
livelihoods, and displaced residents.

The proposed bill will resolve the absence of a responsive land use plan in many
disaster risk s which should integrate risk anah of natural hazards, and
bottlenccks in identifying and acquiring land appropriate for resettlement of residents
living in danger zones. A comprehensive and continuing Resilient Housing and
Human Settlements Program will be mandated to ensure that Filipinos who
experience disasters will be quickly rehabilitated in safe, secure, and ainable
housing with access to livelihood and social services. A National Framework shall serve
as the basis for measures or mechanisms for post disaster housing and resiliency
planning, research and development, extension, monitoring and evaluation of
programs, projects, and activities to protect vulnerable communities from the adverse
effects of climate change and disastet

In view of the foregoing, the passage of this bill is earnestly soug

AGUINTU
:, Pinuno Partylist


Republic of the Philippines
HOUSE OF REPRESENTATIV|
Quezon City. Metro Manila

‘TH CONGR
Hirst Regular Session

HOUSE BILL NO. 2028

Introduced by Representative Ivan Howard Guintu

AN ACT
INSTITU G A NATIONAL COMPREHENSIVE FRAMEWORK ON RESILIENT
HOL 'G AND HUMAN EMENTS, APPROPRIATING FUNDS THEREFOR

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

SECTION 1. Short Title. This Act shall be known as the “Resilient Housing and
cttlements Ac

Human

SEC. 2. Declaration of Policy. Pursuant to Article 2, Sections $ and 11 of the
Philippine Constitution which states that the maintenance of peace and order, the protection of
life, liberty. and property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy: the State values the dignity of every
human person and guarantees full respect for human rights.

To protect, promote, and fulfill the right to adequate housing as a component of the
people's right to an adequate standard of living—concomitant with the goal of enhancing the
of communities to disasters—the State shall undertake, in cooperation with the
private sector, a comprehensive and continuing Resilient Housing and Human Settlements
Program, which shall, among other things, lay out a clear and conerete plan to ensure that
Filipinos who will experience disasters will be quickly rehabilitated in safe, secure, and
sustainable housing, with attendant basic services and access to livelihood.

resilien

As a state party to United Nations International Covenant on the Economic. Social and
Cultural Rights (ICESCR) and the UN Sustainable Development Goals, we will pursue
Sustainable Development Goal 11 (Make cities inclusive, safe. resilient and sustainable) and
the Rights-Based Approach

Pursuant to Article 13, Section 16 of the Philippine Constitution, the right of the people
and their organizations to effective and reasonable participation at all levels of social, political


d. The State shall. by law cilitate the

and economic decision-making shall not be abridg
establishment of adequate consultation mechanisms,

It is the policy of the State to complement and supplement the provisions of the
Philippine Disaster Risk Reduction and Management Act of 2010 (Republic Act No. 10121),
and in consonance with the Climate Change Act of 2009 (as amended by Republic Act No.
10174) and other existing laws related to climate change adaptation and DRRM in relation to
upholding the people's constitutional rights to life and property by addressing the root causes
of vulnerabilities to disasters and building the resilience of local communities to climate change

impacts; and in terms of mainstreaming climate change adaptation in development processes
such as policy formulation, budgeting, and governance particularly with respect to housing and
land use, it is hereby declared the policy of the State to work for the attainment of a more
inclusive, safe, resilient, and sustainable human settlements,

Towards this end, the government shall pursue a comprehensive, rights-based, gender-
responsive, participatory and sustainable approach to resilient human settlements.

This Act declares the following as guiding principles

a. The Right to Adequate Housing according to the ICESCR covers the following
elements: accessibility: affordability: habitability: security of tenure: cultural adequacy
resiliency: suitability of location; access to essential services such as health and
education: and respect for safety standards aimed at reducing damage in cases of future
disasters

b. The State bears the primary responsibility’ for protecting the people, infrastructure. and
other national assets from the impact of disasters and will mobilize adequate and make
efficient use of existing resources, including financial, scientific, and technological
means in nurturing resiliency

The buildingiachievement fulfillment of resilient human settlements require that
responsibilities be shared by the national and local government units and relevant
national authorities, sectors, stakeholders and communities, ‘This entails the
development and strengthening of institutions, mechanisms and capacities at all levels,
in particular at the community level that can systematically contribute to building
resiliency, Convergence of resources and involvement of various stakeholders are
essential to the supply of housing and infrastructure in the overall context of sustainable
development and resilient human settlements.

d._ Ensure accountability and transparency of all sectors to monitor and evaluate programs
and initiatives


Uphold gender equity and equality. cultural diversity and the rights of vulnerable
groups such as children, elderly and people with disabilities when planning for resilient
and sustainable settlements development

SEC. 3. General Objectives. ‘Vhis Act seeks to’
Provide a framework for resilient housing and human settlements;

Guide various stakeholders to take well-planned, concerted, transparent, inclusive,
livable. safe, resilient, sustainable, and pro-poor housing initiatives in the best possible

manner,

Strengthen the participation of all sectors especially communities and civil society in
the planning of resilient housing and human settlements,

Build synergy. convergence and integration of housing-related and livelihood
intervention for the attainment of resilient and sustainable human settlements:

Foster policy and program coherence related to poverty alleviation, income generation
and employment, and delivery channels to achieve the overall objective of housing for
all and the attainment of resilient and sustainable development of human settlements:
Support innovation and research and development into new, indigenous. low cost
resilient and sustainable human settlements:

SEC. 4. Definition of Terms. — As used in this Act, the following terms shall mean:

Adequate housing — defined as that which affords its occupants the following
conditions:

1. Legal security of tenure. including protection against forced evictions:

Available services and infrastructure (access to water: energy for cooking,
heating. and lighting: sanitation and washing facilities. food storage: and waste
disposal (solid, septage and sewerage): communication and information
suffi

jent road networks especially for emergencies and so on):

3. Affordable housing costs and financing options such that the attainment of other
basic needs is not threatened:

4. Habitability in the sense of adequate spaces, security, physical safety, and
protection from cold, damp, heat, rain, wind, structural hazards, and discase
vectors:


b.

5. Sufficient accessibility that disadvantaged or vulnerable groups such as persons
with disabilities, elderly, children and women are not left without shelter
appropriate to their particular needs:

6. A physical location allowing proximate access to employment and livelihood
options, health care services, schools, child-care centers, and other social
facilities and avoiding risks trom pollution sources:

7. Available, resilient, environmentally-friendly and appropriate construction
materials, settlements design and process with respect to the expression of
cultural and religious identity and geographical location:

8. Compliance with safety and resilience standards aimed at minimizing damage
from future disasters.

Adequate open spaces ~ which includes roads, green spaces, areas for persons with
disabilities, elderly, children and materials recovery facilities

Clinate-resilicnt housmg refers to housing that is equipped and structurally designed
to resist, absorb and accommodate the effects of climate hazards like heat waves.
extreme weather variabilities without significant changes to its basic functions.

Comprehensive Resilient Housing Program for Disaster Survivors relers to the
delivery of resources and activities in the rehabilitation and reconstruction of damaged
and destroyed housing and development of other new permanent housing options for
persons and families affected by disasters. It shall follow humanitarian standards for
their protection and their rights to adequate housing through the provision of safe.
habitable emergency and transitional shelter during displacement and permanent
housing that meets the basic standards of adequacy and deceney. Providing for a
comprehensive, multisectoral, interagency, and community-based approach to post-
disaster housing rehabilitation, reconstruction, and recovery

Gender equity and equality refers to the principle asserting the equality of men and
women and their right to enjoy equal conditions realizing their full human potential to
contribute to and benefit from the results of development, and with the State
recognizing that all human beings are free and equal in dignity and rights, Gender equity
refers to the policies, instruments, programs, services, and actions that address the

disadvantaged position of women in society by providing preferential treatment and
affirmative action. Such temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discriminatory but shall in

no way entail as a consequence the maintenance of unequal or separate standards.

Lund-l'se Planning ~ the process undertaken by national and local government
authorities. communities, private sector. and civil society to identify, evaluate, and


decide on different options for the use of land, including consideration of long-term
economic, social and environmental objectives and the implications for different
communities and interest group, and the subsequent formulation and promulgation of
plans that describe the permitted or acceptable uses.

People’s Plana resettlement option and community development plan formulated by
POs. with or without the support of NGOs, LGUs and NGAs

Post-lisaster Recovery the restoration and improvement where appropriate, of
facilities. livelihood, and living condition of disaster-affected communities, including
efforts to reduce disaster risk factors and enhancing resiliency, in accordance with the
principles of "build back better,” as defined in Republic Act No. 10121 or the Philippine
Disaster Risk Reduction and Management Act of 2010

Resilience the capacity of a system, community or society exposed to hazards to resist,
adapt, and transform to an acceptable level of functioning and structure. This is
determined by the degree to hich the system is capable of organising itself to increase
this capacity by learning from experiences for better future protection and to improve
risk reduction measures.

SEC.

§, National Framework for Resilient Housing and Human Settlements. This

is the National Framework for Resilient Human Settlements (hereinafter referred to as the
Framework) to be formulated by the Department of Human Settlements and Urban
Development (DHSUD) within six (6) months from the effectivity of this Act in coordination
and in partnership with the following

reR meee se

nape

The DHSUD and its attached agencies:

National Economic and Development Authority (NEDA),
Climate Change Commission (CCC)

Office of Civil Defense (OCD):

Government Service Insurance Service System (GSIS) :
Departinent of Social Welfare and Development (DSWD):
Department of Science and Technology (DOS
Department of Environment and Natural Resources (DENR)}
Department of Public Works and Highways (DPWH):
Department of Labor and Employment (DOLE)
Department of Trade and Industry (DTI);

Department of Budget and Management (DBM):
Department of Interior and Local Government (DILG):
Office of Presidential Adviser on Peace Process (OPAPP),
National Commission on Indigenous Peoples (NCIP):
National Anti-Poverty Commission (NAPC);

Insurance Commission (IC):

Union of Local Authorities of the Philippines (UI.AP),



266

Built environment and disaster-resilient housing design experts;
Academe:

Civil society:

Communities and other concerned public and private entities

The Framework shall serve as the basis for measures or mechanisms for post disaster

housing and resiliency planning, research and development, extension, monitoring and
evaluation of programs, projects, and activities to protect vulnerable communities from the
adverse effects of climate change and disasters.

The Framework shall describe how the State and all relevant stakeholders can work

together to achieve adequate and resilient housing for all, including and most especially those
affected by disasters; and chart the new direction that our national and local housing programs

and efforts must take in order to make human settlements

and communities more inclusive,

safe, resilient, and sustainable,

‘The Framework shall include, but not limited to, the following components:

National Resilient Housing Agenda, which shall be derived from the threats, hazards,
and vulnerabilities identified: adaptation needs and requirements: risk and resiliency
assessment for the Philippine housing sector;

National and local resilient housing priorities: outline the most efficient and c«
effective housing projects that will best meet the short-term and long term resilient
housing needs of individuals and households:

National Standards for Resilient Housing Design and Construction:

National Post-Disaster Housing Recovery Strategy, which shall focus on how best to
restore. rehabilitate, redevelop, and revitalize disaster-impacted communities: restoring

livelihoods; effectively preventing the recurrence of disasters and hamessing conditions

for future development:
Promotion of local government rehabilitation and recovery plans:

Rules and Guidelines for Post-Disaster Housing Rehabilitation, Reconstruction, and
Relocation:

Comprehensive Resilient Housing Program for Disaster Survivors
Investment and financing requirements:

Institutional arrangements, including public-private partnership: national government
roles: local government support functions, and private sector responsibilities,


j. Implementation arrangements:
k. Reporting, monitoring, and evaluation.

SEC. 6. Monitoring of Compliance with this Act. DHSUD shall take the lead to
periodically monitor the compliance with this Act. Other agencies will participate in the
monitoring such as attached agencies of DHSUD; DIL.G; Office of Civil Defense; NEDA: and
CCC. There shall be a mechanism for civil society to participate in the monitoring proce

C. 7. Joint Congressional Oversight Committee, There is hereby cteated a Joint
Congressional Oversight Commitice to monitor the implementation of this Act. The Oversight
Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed
by the Senate President and the Speaker of the House of Representatives, respectively

The Oversight Committee shall be co-chaired by a Senator and a Representative to be
designated by the Senate President and the speaker of the House of Representatives.
respectively. Its funding requirement shall be charged against the appropriations of Congress.

SEC. 8. Annual Report. The DHSUD shall submit to the President, Senate President
and House Speaker not later than March 30 of every year following the effectivity of this Act.
or upon the request of the Congressional Oversight Committee. a report giving a detailed
account of the status of the implementation of this Act, « progress report on the implementation
of the National Resilient Housing and Human Settlements Action Plan, policy gaps, and
recommended legislation. where applicable and necessary. LGUs shall submit annual progress
on the implementation of their respective local action plan to DHSUD within the first quarter
of the following year.

SEC. 9, Appropriations. ‘The amount necessary for the initial implementation of this
Act shall be charged against the current appropriation of the DHSUD. ‘Thereafter, the amount
needed for the continued implementation of this Act shall be included in the annual General
Appropriations Act

SEC. 10. Implementing Rules and Regulations. Within ninety (90) days from the
effectivity of this Act, the key shelter agencies shall, upon consultation and coordination with
the pertinent government agencies. 1.GUs, private sector, NGOs, POs, build environment
expert and professionals, promulgate the necessary rules and regulations for the effective
implementation of this Act; Provided, That failure to issue rules and regulations shall not in
any manner affect the executory nature of the provisions of this Act

SEC. 11. Separability Clause. If, for any reason, any section, subsection, clause or
term of this Act is held invalid or unconstitutional, such parts not affected by such declaration
shall remain in full force and effect.


SEC. 12. Repealing Clause, - Ail existing laws, orders, decrees, rules and regulations.
or parts thereof, inconsistent with the provisions of this Act are hereby amended, modified or
repealed accordi

SEC. 13. Effectivity. - This Act shall take effect fifieen (15) days alter its publication in
the Official Gazette or in a newspaper of general circulation

Approved,