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Republic of the Philippines REC att VED
HOUSE OF REPRESENTATIVES 3 vATEs: UL 27 2
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

2530

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P.
MAGSINO

House Bill No.

AN ACT
PROVIDING FOR A FREE PUBLIC HOUSING PROGRAM,
AMENDING REPUBLIC ACT NO. 11201
FOR THAT PURPOSE AND OTHER PURPOSES

EXPLANATORY NOTE

One of the most fundamental rights of human beings is the right to a home. One
that is not only decent, but safe and habitable. However, it would take no more than a
few minutes of roaming around the streets of the Metropolis before one would notice
how the streets have become the dwelling place of many; how the cold and hard
pavement have served as their beds; and how they have the mere shade from the trees
and the protection from make-shift protection from heavy rains as the roof above their
heads.

This is the reality that many Filipinos must live with daily. For the longest time,
the government has failed to address this issue. It has become not only a failure — but
acrisis. Imagine, kids who ought to have a home to grown in, have the streets as their
residence. It has led to many accidents which could very well be avoided had the State
provided them with their right to a home.

The poor and the marginalized are most vulnerable to this social dilemma,
whose daily income is not even enough to put food on the table. Even those who, even
after earning fair day’s wage, could not avail of housing loans because the bureaucracy
demands from them papers and other documentary requirements that serve to
discourage them from pursuing their dream of securing a home.

‘They have long suffered the perils of being homeless because systems give them
a runaround — worse, because government housing projects are either too costly or

burdensome.


It is about time to amend existing laws to be more responsive to the housing
needs of the poor and the marginalized.

One of the salient provisions of the proposed measure ensures that the realities
on the ground are addressed so that families who are given the chance to start anew
are not later forced back to the streets. What are the usual complaints of families who
are given free housing? - the lack of electricity and safe and potable water, and lack of
access to main roads. These the very reasons why even after being provided with a
house, they choose to go back to the streets. They complain of dark alleys and lack of
electricity in the area. Some do not even comply with sanitary standards. It is as if, as
a band aid solution, families are driven out thoughtlessly and provided with the bare
minimum.

That should not be the case. This is the exact reason why we are seeking to
amend the law through this proposed measure.

No one deserves to live their lives on the streets when the State can — and should,
be providing them with their rights not only under the Constitution, but also under
our international commitments.

‘This humble representation dreams of a tomorrow where every Filipino family
will have a safe and decent place to call home, and where children could be raised
safely.

In view of the foregoing, urgent passage of this measure is most earnestly sought.

Up bay!

MARISSA “DEL MAR” P. SINO


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

NINETEENTH CONGRESS
First Regular Session

House Bill No, 2930

INTRODUCED BY REPRESENTATIVE MARISSA “DEL MAR” P.
MAGSINO

AN ACT
PROVIDING FOR A FREE PUBLIC HOUSING PROGRAM,
AMENDING REPUBLIC ACT NO. 11201,
FOR THAT PURPOSE AND OTHER PURPOSES

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 “The Free Public Housing
Act.”

Sec. 2. Section 2 of Republic Act No. 11201, otherwise known as the Department
of Human Settlements and Urban Development Act, is hereby amended to read as
follows:

Section 2. Declaration of Policy. - The State shall,
pursuant to Section 9, Article XIII of the
Constitution, ensure that underprivileged and
homeless citizens, AND ESPECIALLY THOSE
FROM THE MOST VULNERABLE AND
MARGINALIZED GROUPS, HAVE EQUAL
AND NON-DISCRIMINATORY ACCESS TO
FREE PUBLIC HOUSING WITH A
SECURITY OF TENURE THAT IS
PROGRAMMED IN PARTNERSHIP WITH
THE GOVERNMENT, THEREBY
ENSURING LEGAL PROTECTION AGAINST
FORCED EVICTIONS, HARASSMENT AND


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OTHER THREATS, AND FACILITATING
THE AVAILABILITY OF SERVICES AND
FACILITIES FOR BETTER HABITATION.
AS SUCH, THE HOMELESS SHALL BE
ASSISTED WITH an adequate, safe, secure,
habitable, sustainable, resilient, and affordable
home. The State shall, by law and for the common
good, undertake, in cooperation with the private
sector, a continuing program of housing and urban
development which shall make available decent
housing and basic services to underprivileged and
homeless citizens in urban centers and
resettlement areas. In the implementation of the
program, the State shall respect the rights of small
property owners.

THE STATE SHALL PROMOTE FURTHER
UPLIFTMENT BY STRENGTHENING
AWARDEES IN THE RESETTLEMENT
SITES WITH ELEMENTS OF SELF-
DEVELOPMENT, INCLUDING
ACCESSIBILITY TO EMPLOYMENT
OPPORTUNITIES, HEALTH CARE
SERVICES, SCHOOLS AND OTHER
NECESSARY SOCIAL FACILITIES THAT
MAY ENHANCE THEIR CAPABILITY TO
PROGRESS AND MAKE AN UPWARD
SOCIAL MOVEMENT PURSUING
SUFFICIENT HUMAN SETTLEMENT
CONDITIONS OF THEIR CHOICE.

The State shall pursue the realization of a modern,
humane, economically-viable, and
environmentally-sustainable society where the

urbanization process is manifest in towns and cities


1 being centers of productive economic activity and is

2 led by market forces; where urban areas have
3 affordable housing, sustainable physical and social
4 infrastructure and services facilitated under a
5 democratic and decentralized system of governance;
6 and where urban areas provide the opportunities
1 for an improved quality of life and the eradication
8 of poverty.

9 NONETHELESS, THE STATE SHALL
10 CONSIDER A COUPLED SOLUTION TO
iu OBTAIN THE OBJECTIVE OF A DISPERSED
12 URBAN NET AND A MORE BALANCED
13 URBAN-RURAL INTERDEPENDENCE.

14 ‘The State shall ensure that poor dwellers in urban
15 and rural areas shall not be evicted, nor their
16 dwelling demolished, except in accordance with law.
17 In addition, the State shall encourage on-site
18 development in the implementation of housing
19 programs and shall promote the creation of new
20 settlements and development of sustainable urban
21 renewal programs while guaranteeing the
2 preservation of agricultural lands necessary for
23 food security.

24 — Section 3. Section 3, Subparagraph (c), of Republic Act No. 11201, is hereby amended
25 toread as follows:

26 Section 3. Definition of Terms. - As used in this
27 Act, the following terms are defined as follows;

28 SOK XK KX”

29 (c) Housing refers to a multi-dimensional
30 concept relating to the process of residing and the
31 objects of dwelling whose main attributes are
32 location relative to access to livelihood, tenure


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arrangements, cost, and physical structure, as well
as their environment, INCLUDING SAFE
DRINKING WATER, ADEQUATE
SANITATION, AND ENERGY FOR
COOKING, LIGHTING, AND FOOD
STORAGE. Housing is likewise a physical
structure as well as a social structure, functioning
at different spatial scales from homes,
neighborhoods, communities, municipalities,
cities, provinces, and regions. It is also a sector of
the economy, an important category of land. Use
in both urban and rural areas, especially in cities,
and is an important factor in the overall dynamics

of the urban system;

Section 4. Section 5, Part I, Subparagraph (a), of Republic Act No; 11201, is
hereby amended 4 to read as follows:

Section 5. Powers and Functions. - The
Department shall exercise the following powers
and functions:

I. Policy Development, Coordination,
Monit

ring and Evaluation

(a) Formulate national housing and urban
development policies, strategies and standards
that are consistent with the Philippine
Development Plan to promote social and
economic welfare, in coordination and in
consultation with national and __local
stakeholders, local government units (LGUs),
and other government agencies, INCLUDING
A REVIEW OF PRESENT HOUSING
PROGRAM MECHANISMS IN RELATION
TO REALISTIC PROJECTIONS MOVING
FORWARD TO ENSURE A MORE


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SUSTAINABLE IMPLEMENTATION OF
THE NATIONAL HOUSING PROGRAM
THAT WILL INCLUDE FREE PUBLIC
HOUSING FOR THE HOMELESS, AND
ESPECIALLY THOSE FROM THE MOST
VULNERABLE AND MARGINALIZED
GROUPS, WITH A SECURITY OF
TENURE THAT IS PROGRAMMED IN
PARTNERSHIP WITH THE
GOVERNMENT;

Section. 5. Implementing Rules and Regulations. Pursuant to Section 7,
Subparagraph (c) of Republic Act No. 11201, the Secretary of the Department of
Human Settlements and Urban Development shall promulgate the rules and
regulations and make other issuances necessary to carry out the policies and objectives
of this Act within one (1) year from its effectivity.

Section. 6. Repealing Clause. Republic Act No. 11201 is accordingly amended.
All other laws, presidential decrees and issuances, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 7. Separability Clause. If, for any reason or reasons, any part or
provision of this Act shall be held to be unconstitutional or invalid, other parts or
provisions hereof which are not affected thereby shall continue to be in full force and
effect.

Section 8. Effectivity Clause. This Act shall take effect fifteen (15) days after its
publication in two (2) national newspapers of general circulation. The publication
shall not be later than seven (7) days after the approval hereof

Approved,