SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

House of Representatives

182

House Bill No.

Introduced by Congressman GUSTAVO S. TAMBUNTING

EXPLANATORY NOTE

The outbreak of violence during the conduct of evictions and demolitions
of our urban and rural poor brethren has not only consistently hogged headlines,
it has and more unfortunately, led to instances of severe injuries as well as the
loss of lives. Moreover, the difficulties of coordinating the various stakeholders,
including various branches and agencies of government have led to clashes in
jurisdiction typified by the equally unfortunate incident of a court sheriff's run-in
with a local chief executive which aired over local and international media and
which caused equal measures of embarrassment and consternation among our
citizens.

However, while these are sad enough, the trampling of basic human
rights on both sides of the fence during these incidents is something that is cause
for much more concern.

Thus the need for a more comprehensive and effective means of
coordinating, these various stakeholders and government agencies—which this
measure seeks to address. With the adoption of a Code of Conduct—a handbook
of sorts for all concerned persons to follow in instances where evictions and
demolitions may be validly carried out, it is our hope that these unfortunate
incidents that have become synonymous with demolitions and evictions in the
past could be minimized if not totally avoided.

Itis for this reason that the timely approval of this bill is earnestly sought

GUSTAVO S. TAM)


SIXTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

House of Representatives

. 182
House Bill No.

Introduced by Congressman GUSTAVO S. TAMBUNTING

AN ACT
PRESCRIBING A CODE OF CONDUCT FOR DEMOLITION AND.
EVICTION OF HOMELESS AND UNDERPRIVILEGED CITIZENS

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

SECTION 1. Short Title. This Act shall be known as “Code of Conduct for
Demolition and Eviction of Homeless and Underprivileged Citizens”.

SECTION 2. Declaration of Policy. The State recognizes the inherent right to
life and to adequate housing of every Citizen. Thus, it shall be the policy of
the State to discourage the practice of eviction and demolition. However, in
cases where eviction and demolition is allowed by existing, laws, including
cases where the demolition of homes and the eviction of homeless and
underprivileged Citizens is inevitable, the State shall ensure that all measures
shall be undertaken to guarantee as far as practicable that violence is avoided,
that State actors, particularly law enforcement personnel shall participate in
such activities within clearly delineated protocols, and that full cooperation
between Local Government Units and the various stakeholders is undertaken
for the purpose of guaranteeing that such demolition or eviction proceeds in a
just and humane manner.

SECTION 3. Minimum Requirements for the Proper Conduct of
Demolition or Eviction. In addition to the safeguards provided for in Section
28 of Republic Act No. 7249, otherwise known as the Urban Development and
Housing Act of 1992, the following minimum requirements shalll be observed
in instances where the eviction or demolition of homes of urban and rural
poor dwellers shall be undertaken:

a. Any person, including concerned departments and agencies of
the national government, local government units, etc. which intend or
propose to undertake demolition and eviction activities shall secure,
prior to the actual implementation of such eviction and demolition
activities, a Certificate of Compliance from the appropriate national or
local office of the Presidential Commission for the Urban Poor, which


has been designated as the Central Coordinating Body for Demolitions,
as provided for under Section 7 of this Act;

b. No demolition or eviction activities shall be undertaken unless full
coordination with the Barangay Officials wherein the property sought
to be entered by persons, departments, agencies and local government
units intending to undertake demolition and eviction activities is
located. For purposes of this Act, such coordination shall mean the
submission of the Certificate of Compliance provided for and required
in the immediately preceding Section, the submission of the names of
all persons, including law enforcement officers, private security
personnel and demolition crews who shall take part in such activity,
and the submission of a Notice of the date intended for such
demolition and eviction activities, which in all cases shall be at least
five (5) calendar days from such notice.

c. In relation to Subsection (b) above, all agencies mandated or
requested to provide assistance to any person, department, agency or
local government unit which intends or proposes to undertake
demolition and eviction activities, shall prepare a list of officers and
personnel who shall be designated to provide such assistance, which
list shall be an integral part of the Notice provided for in the
aforementioned Subsection (b).

SECTION 4. Standard of Conduct for State Actors. In undertaking any
activity in connection with any demolition or eviction, which includes
rendering any assistance requested from any of the stakeholders, including,
urban and rural poor dwellers, all State Actors; which for purposes of this Act
shall mean any person acting on behalf of any government body or agency,
including law enforcement officers and personnel; shall abide by a minimum
standard of conduct aimed at preventing the outbreak of violence, or in the
case of such outbreak of violence, such standard of conduct which will
prevent any escalation thereof. For this purpose, all State Actors shall adopt
rules of engagement based on maximum tolerance

SECTION 5. Duties of State Actors in Cases of Demolition or Eviction. It
shall be the duty of any state actor who shall be called to implement, assist or
witness any demolition or eviction activity to ensure compliance with the
minimum requirements of due process, human rights and the provisions of
this Act on the part of all persons involved in such demolition or eviction
activity.

SECTION 6. Prohibited Acts. The following shall be considered Prohibited
Acts in cases where demolition and eviction are proposed or undertaken:

a. Any demolition or eviction activity undertaken without the
prescribed minimum requirements in this Act


b. Any unauthorized use of Police or law enforcement personnel. For
purposes of this Act, it is specifically provided that the participation of
Police and other law enforcement personnel in any demolition and
eviction activity shall be limited to peace-keeping; Provided that: peace
keeping shall not in any manner be interpreted as participation in
actual eviction or demolition.

c. Any concerted acts of violence by any group of persons resisting
demolition or eviction activities, which shall include, but shall not be
limited to erecting illegal barricades, the use of improvised weapons
and the like.

SECTION 7. Designation of a Central Coordinating Body for Demolitions
and Evictions. The Presidential Commission for the Urban Poor (PCUP) is
hereby designated as the Central Coordinating Body for the conduct of
demolition and eviction activities involving urban and rural homeless poor.
In pursuit of such mandate as provided for in this Act, the PCUP shall
exercise, among others, the following powers and functions:

1. Monitor all evictions and demolitions, whether extra-judicial or
court-ordered, involving homeless and underprivileged citizens;

2. Require the concerned departments and agencies, including
concerned local government units (LGUs), proposing to undertake
demolition and eviction activities to secure first from either the PCUP
Central Office (in the case of national projects) or from the PCUP
Regional Office (in the case of regional or local projects) the checklist,
guidelines and compliance certificates on demolition and eviction prior
to the actual implementation thereof and thereafter, submit to the
PCUP the completed checklist, attested to under oath by the proponent
and indicating that:

a, Adequate consultations with the affected families have
already been undertaken;

b. Adequate resettlement site and relocation facilities are
available; and

c. The provisions of Section 3, paragraph 1 of the Implementing
Rules and Regulations of Section 28 of RA 7279 (Pre-Relocation)
have been complied with.

3, Based on the completed checklist, and subject to further verification,
issue demolition and eviction compliance certificates to proposed
demolitions and evictions involving the homeless and underprivileged
citizens;

4. Investigate motu proprio or upon complaint by any party, any
violation of the provisions of Section 28 of RA 7279 or its implementing
rules and regulations;


5, File motu proprio or by way of assistance to any aggrieved party, the
appropriate criminal, civil or administrative case against any person or
persons found to have violated the provisions of Section 28 of RA 7279

or its implementing rules and regulations;

6, Recommend to the President appropriate measures for the
implementation and enforcement of Section 28 of RA No. 7279 and its
implementing rules and regulations, including possible administrative
sanctions against national or local government officials who have
violated the said law, rules and regulations;

7. Request any government agency for assistance and necessary
information in the discharge of their respective functions under this
Order;

8, Publicize matters covered by its investigation of violations of the
provisions of Section 28 of RA 7279 or its implementing rules and
regulations, when circumstances so warrant and with due prudence:
Provided, however, that the PCUP shall, under the rules and
regulations it shall hereafter promulgate, determine what cases may
not be made public: Provided, further, that any publicity issued by the
PCUP shall be balanced, fair and true;

9, Administer oaths, issue subpoena and subpoena duces tecum, and
take the testimonies of witnesses in the course of its investigation;

10. Adopt its own operational guidelines and rules of procedures, as
well as rules and regulations not otherwise inconsistent with exiting
laws, rules and regulations, to effectively carry out its mandate; and

11. Perform such other function as may hereafter be provided by law.

SECTION 8. Penalties. Any person who shall be found liable for violating
any provision of this Act shall, upon conviction for each act or omission,
suffer imprisonment of not less than two (2) years and one (1) day but not
more than four (4) years; Provided that in cases where such act or omission
constitutes an offence defined under the Revised Penal Code or any other
special penal law, such act shall be considered a special aggravating
circumstance in the application of the appropriate penalties.

SECTION 9. Promulgation of Rules and Regulations, Administration and
Enforcement of this Act. The PCUP, acting as the duly designated Central
Coordinating Body for Demolitions and Evictions shall promulgate the
necessary implementing rules and regulations for the orderly administration
and enforcement of this Act within Sixty (60) days from its approval.

SECTION 10. Appropriations. The sum of TEN MILLION PESOS
(P10,000,000) is hereby appropriated to the Presidential Commission for the


Urban Poor in addition to its appropriations in the current General
Appropriations Act, for the immediate implementation of this Act. Thereafter,
such sums as may be necessary for the full operationalization of this Act shall
be included in the Annual General Appropriations Act.

SECTION 11. Separability Clause. In the event that any provision of this Act
is declared unconstitutional, the validity of the other provisions shall not be
affected by such declaration.

SECTION 12. Effectivity. This Act shall take effect after its complete
publication in the Official gazette or at least two (2) newspapers of general

circulation.

Approved,