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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 84% __

Introduced by HON. JOY MYRA 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,
unfortunately, led to instances of severe injuries as well as loss of lives. Moreover, the
difficulties of coordinating various stakeholders, including various branches and
agencies of the government, have led to clashes in jurisdiction. It is not uncommon
for us to hear about conflicts between court sheriffs and local chief executives when
evictions are set to take place. This shouldn't be the case.

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 a cause for much
more concern.

Thus, there is a need for a more comprehensive and effective means of
coordination there 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. This bill, initially filed by my husband Rep. Gus Tambunting during
the 16" and 17" Congresses, is once again being filed with sincere hopes that it will
be passed into law so that the rights of all concerned may be protected.

1


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

HOUSE BILL No. _ 642

Introduced by HON. JOY MYRA 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 House of Representatives 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 for every citizen. Thus, it shall be policy of the State
to discourage the practice of eviction and demolition. However, in cases where the
demolition of homes and the eviction of the homeless and underprivileged citizens is
inevitable, the State shall ensure that all measures shall be undertaken to guarantee
as far as the 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 the 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. 7279, otherwise known as the Urban Development and Housing
Act of 1992, the following minimum requirements shall 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 intends 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, on the submission of the names of all
persons, including law enforcement officers, private security, and the
submission of the 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 and 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.

. 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:

aS

ae

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

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 and 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.

. Based on the completed checklist, and subject to further verification,

issue demolition and eviction compliance certificates to proposed
demolition and evictions involving homeless and underprivileged
citizens;

. Investigate motu propio or upon complaint by any party, any violations

of the provisions of Section 28 of RA 7279 or its implementing rules and
regulations;

. File motu propio 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 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 the 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 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 procedure, as well as
rules and regulations not otherwise inconsistent with existing 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 (20) 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, shall act shall
be considered a special aggravating circumstance in the application of the appropriate
penalties.

SECTION 9. Promulgation of Rules, 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. Appropriation. — The sum of TEN MILLION PESOS (Php
10,000,000.00) is hereby appropriated tot eh 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,