FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

HousE BLL No.__ 84038

Introduced by Representative Lorenzo R. Tafiada III

Our Constitution is one that gives premium to social justice for the benefit of the marginalized,
powerless, and oppressed citizens of this country. Section 10, Article XIII of the Constitution of the
Republic of the Philippines states that “urban or rural poor dwellers shall not be evicted nor thei
dwelling demolished, except in accordance with law and in a just and humane manner.”

In response to the entire Article XIII, which covers urban land reform and housing, Republic Act
No. 7279 or the Urban Development and Housing Act was crafted. This seemingly progressive
piece of legislation aims to provide safeguards against unjust eviction of underprivileged and
homeless citizens and the demolition of their homes. However, in light of various incidents of
violence that constantly prevail in situations where informal settlers are being evicted and their
homes being demolished, we find that there is still room for improvement in this particular law.

In this light, this bill seeks to amend specific provisions of the Urban Development and Housing
‘Act in order to further social justice for our urban poor citizens. Amendments include the following:

© Clarification of the definition of “resettlement areas” (Section 3);

© Equal application of the eligibility criteria for socialized housing program beneficiaries for
all citizens (Section 16);

® Inclusion of condominums with subdivisions in providing for balanced housing
development (Section 18);

© Provision of strengthened requirements in cases of eviction of informal settlers and
demolition of their residential structures (Section 28); and

‘© Broadening of the penalties on the violation of the Urban Development ard Housing Act
(Section 45). *

In view of the foregoing, the immediate passage of this measure is earnestly sought.
R i
LO. O R. TANADA IIT

Repred

4® District, Quezon



FIFI TH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAI ION )

HOUSE OF REPRESENTATIVES

HOUSE BILLNO.__ 8403

Introduced by Representative Lorenzo R. Tafiada III

AN ACT

STRENGTHENING THE RIGHT OF UNDERPRIVILEGED AND HOMELESS
CITIZENS TO ADEQUATE HOUSING AMENDING FOR THIS PURPOSE
REPUBLIC ACT NO. 7279 OTHERWISE KNOWN AS “AN ACT TO PROVIDE FOR A
COMPREHENSIVE AND CONTINUING URBAN DEVELOPMENT AND HOUSING
PROGRAM, ESTABLISH THE MECHANISM FOR ITS IMPLEMENTATION, AND
FOR OTHER PURPOSES” OR THE “URBAN DEVELOPMENT AND HOUSING ACT
OF 1992”.

Be it enacted by the Semate and the House of Representatives of the Pbilippines in Congress assembled:
SECTION 1. Section 3 of Republic Act 7279 is hereby amended as follows:

Sec. 3. Definition of Terms. — For purposes of this Act:

XXX

n) “Resettlement areas” refers to areas identified by the appropriate national agency or
by the local government unit with respect to areas within its jurisdiction, which shall be used
for the relocation of the underprivileged and homeless citizens UNDER THE
JURISDICTION OF THE LOCAL GOVERNMENT UNIT CONCERNED. IF IT
1S SUBSTANTIALLY PROVEN THAT RESETTLEMENT IN AREAS WITHIN
THE JURISDICTION OF THE LOCAL GOVERNMENT UNIT IS NOT
FEASIBLE OR PRACTICABLE, RESETTLEMENT MAY BE ESTABLISHED
OUTSIDE THEREOF.

SECTION 2. Section 16 of Republic Act 7279 is hereby amended as follows:

Sec. 16. Eligibility Criteria for Socialized Housing Program Beneficiaries.
the socialized housing program, a beneficiary:

(@) Must be a Filipino citizen;

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

To qualify for


(©) Must not own any real property whether in the urban or rural areas; and
(@) Must not be a professional squatter or a member of squatting syndicates.

ASIDE FROM THE ABOVEMENTIONED, NO OTHER REQUISITES ARE
NEEDED TO CONFER BENEFICIARY STATUS ON AN INDIVIDUAL.
PROVIDED FURTHER, TO FORESTALL ANY DISCRIMINATION, THERE
SHALL BE NO CUT-OFF DATE FOR ONE TO BE CONSIDERED A
BENEFICIARY UNDER THIS LAW.

ION 3. Section 18 of Republic Act 7279 is hereby amended as follow:

Sec. 18, Balanced Housing Development. — The Program shall include a system to be specified
in the Framework plan whereby developers of proposed subdivision AND CONDOMINIUM
projects shall be required to develop an area for socialized housing equivalent to at least twenty
percent (20%) of the total subdivision OR CONDOMINIUM area or total subdivision OR
CONDOMINIUM project cost, at the option of the developer, within the same city or
municipality, whenever feasible, and in accordance with the standards set by the Housing and
Tand Use Regulatory Board and other existing laws. The balanced housing development as
herein required may also be complied with by the developers concemed in any of the following
manner

(@) Development of new settlement,

(b) Slum upgrading or renewal of areas for priority development either through zonal
improvement programs or slum improvement and resettlement programs;

(©) Joint-ventue projects with either the local government units or any of the housing
agencies; or

(@ Participation in the community morgage program.

SECTION 4. Section 28 of Republic Act 7279 is hereby amended as follows:

Sec, 28. Eviction and Demolition. — AS A GENERAL RULE, EVICTION
UNDERPRIVILEGED AND HOMELESS CITIZENS OR DEMOLITION OF
AND THEIR RESIDENTIAL STRUCTURES SHALL BE PROHIBITED.
[Eviction or demolition as a practice shall be discouraged.] Eviction or demolition, however,
may be allowed under the following situations:

(@) When persons or entities occupy danger areas such as esteros, railond tracks,
garbage dumps, riverbanks, shorelines, waterways, and other public places such as
sidewalks, roads, parks, and playgrounds;

(b) When government infrastructure projects with available funding are about to be
implemented; or

(©) When there is a court order for eviction and demolition.

PROVIDED, HOWEVER, THAT BEFORE THE EXECUTION OF ANY
EVICTION OR DEMOLITION OR COURT ORDERED DEMOLITIONS OR
EVICTIONS INVOLVING UNDERPRIVILEGED AND HOMELESS CITIZENS
IN THE INSTANCES MENTIONED ABOVE, THE AGENCY WHICH SEEKS
TO IMPLEMENT THE DEMOLITION MUST ENSURE THAT THE


AFFECTED COMMUNITIES SHALL HAVE ALREADY BEEN PROVIDED
WITH A RELOCATION OR RESETTLEMENT SITE WITH BASIC SERVICES
AND FACILITIES AND ACCESS TO EMPLOYMENT AND LIVELIHOOD
OPPORTUNITIES SUFFICIENT TO MEET THE BASIC NEEDS OF THE
AFFECTED FAMILIES.

PROVIDED FURTHER, IN THE EXECUTION OF EVICTION OR
DEMOLITION IN THE ABOVE CASES AS WELL AS IN ALL OTHER
INSTANCES INVOLVING UNDERPRIVILEGED AND HOMELESS
CITIZENS, THE FOLLOWING SHALL BE MANDATORY:

XXX

(8) 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 ayencies within forty-
-e of notice of final judgment by the court, after which period the
ecuted: Provided, further, That should relocation not be possible within
the said period (43 days), 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. PROVIDED FINALLY THAT THE
FINANCIAL ASSISTANCE RECEIVED BY THE RELOCATEE SHALL NOT
BE CONSIDERED A WAIVER OF THE OBLIGATION OF THE LOCAL
GOVERNMENT UNIT TO PROVIDE PROPER RELOCATION.

COMPLIANCE WITH THE ABOVEMENTIONED REQUIREMENTS SHALL
BE MANDATORY IN ALL INSTANCES OF EVICTION AND DEMOLITION
WITHOUT PREJUDICE TO WHETHER OR NOT SUCH RESIDENCES OF
UNDERPRIVILEGED AND HOMELESS CITIZENS WERE CONSTRUCTED
AFTER THE EFFECTIVITY OF THIS ACT.

STION 5. Section 45 of Republic Act 7279 is hereby amended as follows:

Sec. 45. Penalty Clause. — Any person who violates any provision of this Act shall be
imposed the penalty of not more than six (6) years of imprisonment or a fine of not less than
‘TWENTY-FIVE [Five] thousand pesos (P25,000) [(P5,000)] but not more than One
hundred thousand pesos (P100,000), or both, at the discretion of the court: Provided, That,
if the offender is a corporation, partnership, association, THE GOVERNMENT OR
ANY OF ITS POLITICAL SUBDIVISIONS, INSTRUMENTALITIES OR
AGENCIES, INCLUDING GOVERNMENT-OWNED OR CONTROLLED
CORPORATIONS, or other juridical entity, the penalty shall be imposed on the officer or
officers of said corporation, partnership, association, GOVERNMENT ENTITY, or
juridical entity who caused the violation.

SECTION 6. Separubility Clause. ~ If any provision of this Act, or any part thereof, is declared
unconstitutional, che same shall not affect the validity and effectivity of the other portions


SECTION 7. Repealing Clause, — All laws, executive orders, presidential decrees, proclamations, rules,
regulations, issuances, and enactments or parts thereof inconsistent with this Act are hereby repealed
or modified accordingly.

SECTION 8. fetivity. ~ This Act shal! take effect after fifteen (15) days from its complece
publication either in the Official Gazerte or in a newspaper of general circulation in the Philippines,

Approved,