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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S.B. No. 1 B 7 4. 
" 
Introduced by: Senator Paolo Benigno "Bam" A. Aquino IV 
EXPLANATORY NOTE 
The country's inclusive growth imperative demands that no sector of society be left 
behind in progress and development. However, recent data shows that despite the healthy and 
sustained growth enjoyed by the Philippine economy, a large sector of the population remains 
jobless, poor, and hungry. Among the most marginalized sectors is the urban population, which 
comprises about 12.8% in 2009 of the total Philippine population. 
One of the key issues hounding the urban poor is that of housing and relocation. 
According to the Philippine Development Plan for 20'10 to 2016, the country's total housing 
need, including "backlog" and "housing for new households," is estimated to reach around 5.9 
million units by 2016. Informal settlements have increased by more than 22% (or 1.2 million) 
between 2003 and 2009. Meanwhile, other data show that the Philippines' annual expenditure 
for housing accounts for less than 0.1 of the country's gross domestic product (GDP)-the 
lowest figure in Asia. 
Clearly, much more needs to be done for the country's urban poor; to provide security 
of shelter is an urgent first step. 
No less than the Philippine Cons~itution provides for the protection of the marginalized, 
the powerless, and the oppressed citizens of this country against any violent eviction and/or 
demolition. It likewise mandates the provision of decent public housing at affordable costs, 
coupled with basic services and livelihood opportunities. Section 10, Article XIII of the 
Constitution states that "urban or rural poor dwellers shall not be evicted nor their dwelling 
demolished, except in accordance with law and in a just and humane manner." 
To carry out this constitutional mandate, Republic Act (RA) No. 7279 or the Urban 
Development and Housing Act was enacted to, among others, "uplift the conditions of the 
underprivileged and homeless citizens in urban areas and in resettlement areas" and "provide 
for' an equitable land tenure system that shall guarantee security of tenure to Program 
beneficiaries." However, recent incidences of violent evictions and demolitions show the gaps 
of the current law, requiring the review and amendment of the law. 
This bill, therefore, strengthens the Urban Development and Housing Act by further 
securing the urban poor from violent and unjust evictions and demolition of their homes. It 
also seeks to ensure that, in the case of r.elocation, housing beneficiaries be relocated near their 
homes where they have access not only to basic services but also, and just as important, to jobs 
and livelihood that will give them the means to raise themselves and their families out of 
poverty. 


The bill further provides that consultation must be effectively done with the active 
participation of affected communities, particularly in the identification and approval of 
relocation sites. This also expands the mandate of the law by requiring developers to develop 
an area for socialized housing equivalent to at least twenty percent (20%) of the total area or 
project cost-at the option of the developer-not only on proposed subdivision projects but all 
other land develop";1ent projects. 
This bill also broadens the penalties on violations of the Urban Development and 
Housing Act. 
We firmly believe that it is the duty of the State to protect those who are unable to 
protect themselves. As the great late President Ramon Magsaysay had once said, "He who has 
, 
less in life should have more in law." 
In view of the foregoing, the immediate passage of this measure is earnestly sought. 


• 
SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~TE 
S.B. No. 187<1 
Introduced by: Senator Paolo Benigno "Bam" A. Aquino IV 
AN ACT 
STRENGTHENING AND SECURING THE RIGHTS OF THE URBAN POOR AGAINST EVICTIONS 
AND/OR DEMOLITIONS AND TO PROVIDE 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 Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Section 3 of Repllblic Act 7279 is hereby amended to read as follows: 
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Sec. 3. Definition of Terms. -
For purposes of this Act: 
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xxx 
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Ie) "BLANKET LOAN/WHOLESALE LOAN" - SHALL REFER TO A HOUSING LOAN CONTRACTED 
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OR OBTAINED BYA HOUSING COOPERATIVE INTENDED TO IDENTIFY MEMBER-BENEFICIARIES 
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FOR 
LAND 
ACQUISITION, 
LAND 
IMPROVEMENT, 
HOUSE 
CONSTRUCTION, 
HOME 
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IMPROVEMENT, OR RENOVATION AND OTHER SIMILAR PURPOSES. 
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F) "DANGER ZONE/HIGH RISK AREAS" REFERS TO AREAS WITH HIGH LEVEL OF THREAT TO THE 
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LIVES AND WelL-BEING OF PEOPLE THAT CANNOT BE ADDRESSED THROUGH SCIENTIFIC, 
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PHYSICAL AND ENGINEERING METHODS, AND THUS NOT SUITABLE FOR RESETILEMENT AND 
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PERMANENT STRUCTURES. AREAS CAN ONLY BE DECLARED AS A DANGER 20NE/HIGH RISK 
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AREA AFTER CONDUCTING A PROPER TECHNICAL STUDY AND PUBLIC CONSULTATIONS WITH 
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AFFECTED FAMILIES. 
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IG) "HOUSING COOPERATIVES" AS DEFINED IN THE COOPERATIVE CODE OF 2008 IRA 9520), 
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REFERS TO COOPERATIVES ORGANIZED TO ASSIST OR PROVIDE ACCESS TO HOUSING FORTHE 
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BENEFIT OF ITS REGULAR MEMBERS WHO ACTIVELY PARTICIPATE IN THE SAVINGS PROGRAM 
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FOR HOUSING. IT IS CO-OWNED AND CONTROLLED BY ITS MEMBERS. 
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Q) "Resettlement areas" refers to areas identified by the appropriate national agency or by the 
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LGU with respect to areas within its jurisdi'ction, which shall be used for the relocation of the 
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underprivileged and homeless citizens. 
THE RESETTLEMENT AREAS MUST BE WITHIN THE 
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SAME CITY OR MUNICIPALITY UNLESS IT IS SUBSTANTIALLY PROVEN THAT SUCH IS NOT 
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FEASIBLE OR PRACTICABLE. 
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xxx" 
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SECTION 2. Section 5 of Republic Act 7279 is hereby amended to read as follows: 
, 
"Section 5. Exemptions. - The following lands shall be exempt from the coverage of this 
Act: 
. 
a) Those included in the coverage of Republic Act No. 6657, otherwise known as 
the Comprehensive Agrarian Reform Law; 
b) Those actually used for national defense and security of the State; 
c) Those used, reserved or otherwise set aside for government offices, facilities 
and other installations, whether owned by the National Government, its 
agencies and instrumentalities, including government-owned or controlled 
corporations, or by the local government units: PrOVided, however, That the 
lands herein mentioned, or portions thereof, which have not been used for the 
purpose for which they have been reserved or set aside for the past ten (10) 
years from the effectivity of this Act, shall be covered by this Act; 
d) Those used or set aside for parks; reserves for flora and fauna, forests and 
watersheds, and other areas necessary to maintain ecological balance or 
environmental protection, as determined and certified to by the proper 
government agency; and 
e) Those actua'lIy and primarily used for religious, charitable, or educational 
purposes, cultural and historical sites, hospitals and health centers, and 
cemeteries or memorial parks. 
The exemptions herein provided shall not apply when the use or purpose of the 
abovementioned lands has ceased to exist; 
PROVIDED, THAT ANY EVICTION OR DEMOLITION ON THE AFOREMENTIONED LANDS 
SHALL STILL COMPLY STRICTLY WITH SECTION 28 HEREOF BEFORE ANY DEMOLITION 
OR EVICTION CAN BE EFFECTED." 
SECTION 3. Section 8 of Republic Act 7279 is hereby amended to read as follows: 
"Section 8. Identification of Sites for Socialized Housing. - After the inventory the local 
government units, in coordination with the National Housing Authority, the Housing and 
Land Use Regulatory Board, the National Mapping Resource Information Authority, and 
the Land ,Management Bureau, shall identify lands for socialized housing and 
resettlement areas for the immediate and future needs of the underprivileged and 
homeless in the urban areas, taking into consideration and degree of availability of basic 
services and facilities, their accessibility and proximity of jobs sites and other economic 
opportunities, and the actual number of registered beneficiaries. 


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Government-owned lands under paragraph (b) of the preceding section which have not 
been used for the purpose for which they have been reserved or set aside for the past 
ten (10) years from the effectivity of this Act and certified as suitable for socialized 
housing, shall AUTOMATICALLY [immediately] be transferred to the National Housing 
Authority [subject to the approval of the President of the Philippines or by the local 
government unit concerned, as the case may be,] for proper disposition in accordance 
with this Act:' 
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SECTION 4. Section 10 of Republic Act 7279 is hereby amended to read as follows: 
"Section 10. Modes of Land Acquisition. - The- modes of acquiring lands for purposes of 
this Act shall include, among others, community mortgage, HOUSING COOPERATIVE 
PROJECT, land swapping, land assembly or consolidation, land banking, donation to the 
Government, joint-venture agreement, negotiated purchase, and expropriation: 
[Provided, however, That expropriation shall be resorted to only when other modes of 
acquisition have been exhausted.] Provided, [further] that where expropriation is 
resorted to, parcels of land owned by small property owners shall be exempted for 
purposes of this Act: Provided, finally, that abandoned property, as herein defined, shall 
be reverted and escheated to the State in a proceeding analogous to the procedure laid 
down in Rule 91 of the Rules of Court. 
IN THE CASE OF EXPROPRIATION, A DEPOSIT OF TEN PERCENT (10%) OF THE MARKET 
VALUE OF THE LAND, AS INDICATED IN THE TAX DECLARATION, SHALL BE MADE IN 
. ACCORDANCE WITH LAWS. JUST COMPENSATION SHALL BE DETERMINED AS 
PROVIDED BY THE RULES OF COURT. 
For the purpose of socialized housing, government-owned and foreclosed properties 
shall be acquired by the local government units, or by the National Housing Authority 
primarily through negotiated purchase: Provided, that qualified beneficiaries who are 
actual occupants of the land shall be given the right offirst refusal." 
SECTION 5. Section 16 of Republic Act 7279 is hereby amended to read as follows: 
, 
' 
"Section 16. 
Eligibility Criteria for Socialized Housing Program Beneficiaries. - To 
qualify AS A BENEFICIARY for the socialized housing program, [a beneficiary] THE 
REQUIREMENTS ARE LIMITED TO THE FOLLOWING: 
(a).Must be a Filipino citizen; 
-
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(b) Must be an underprivileged and homeless citizen, as defined in Section 3 of 
this Act; 
(c) Must not own any real property whether in the urban or rural areas; and 
(d) Must not be a professional squatter or a member of squatting syndicates. 
THERE SHALL BE NO CUT-OFF DATE FOR ONE TO BE CONSIDERED A BENEFICIARY 
UNDER THIS ACT." 
SECTION 6. Section 18 of Republic Act 7279 is hereby amended to read as follows: 
"Section 18: Balanced Housing Development. The Program shall inclUde a system to be 
specified in the Framework plan whereby developers of proposed subdivision projects, 


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CONDOMINIUMS, MEMORIAL PARKS, GOLF COURSES AND ALL OTHER LAND 
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DEVELOPMENT PROJECTS shall be required to develop an area for socialized housing 
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equivalent to at least twenty percent (20%) of the total [subdivision] LAND area sought 
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to be developed or total [subdivision] LAND DEVELOPMENT project cost, at the option 
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of the developer, within the same city or municipality, whenever feasible, and in 
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accordance with the standards set by the Housing and Use and Regulatory Board and 
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other existing laws. S.UCH OPTION OF THE DEVELOPER MUST BE CLEARLY DEFINED AND 
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.MADE MANIFEST IN ITS APPLICATION FOR THE PROJECT. FURTHERMORE, THE SAID 
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20% COMPLIANCE MUST BE WITHIN THE SAME CITY OR MUNICIPALITY. ONLY WHEN 
1b 
THE DEVELOPER HAS SUBSTANTIALLY PROVEN THAT SUCH COMPLIANCE IS NOT 
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FEASIBLE IN THE SAME CITY OR MUNICIPALITY CAN SUCH COMPLIANCE BE MADE 
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OUTSIDE THEREOF. IN THE CASE OF THE LATTER, SAID COMPLIANCE MUST BE MADE 
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IN THE ADJACENT CITY OR MUNICIPALITY WHERE THE PROJECT IS TO BE UNDERTAKEN 
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UNLESS OTHERWISE APPROVED BY THE LOCAL SANGGUNIAN AND ONLY AFTER A 
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FAVORABLE RECOMMENDATION FROM THE LOCAL HOUSING BOARD OR SIMILAR 
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OFFICE. 
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The balanced hOUsing development as herein required may be complied with by the 
developers concerned in [any of] the following manner: 
a) 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; 
c) Joint-venture projects with either the local government units or any of the 
housing agencies; or 
26 
d) Participation in the community mortgage program." 
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SECTION 7. Section 23 of Republic Act 7279 is hereby amended to read as follows: 
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"Section 23. Participation of beneficiaries. The local government units, in coordination 
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with the Presidential Commission for the Urban Poor and concerned government 
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agencies, shall afford Program beneficiaries or their duly designated representatives an 
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opportunity to be heard and to participate in the decision-making process over matters 
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involving the· protection and promotion oftheir legitimate collective interest which shall 
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include [appropriate documentation and feedback mechanisms], THE IDENTIFICATION, 
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NEGOTIATION 
AND 
APPROVAL 
OF 
THE 
LOCATION 
OF 
RELOCATION 
SITES. 
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CONSULTATIONS SHALL INCLUDE APPROPRIATE DOCUMENTATION AND FEEDBACK 
36 
MECHANISMS. They shall also be encouraged to organize themselves and undertake 
37 
self-help cooperative housing and other livelihood activities. 
They shall assist the 
38 
government in preventing the inc~rsions of professional squatting syndicates into their 
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communities. 
1'10 
In the instances when the affected beneficiaries have failed to organize themselves or 
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form an alliance within a reasonable period prior to the implementation of the program 
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or projects affecting them, consultation between the implementing agency and the 
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affected benefiCiaries shall be conducted with the assistance of the PreSidential 
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Commission for the Urban Poor and the concerned non-government organization." 
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SECTION 8. Section 28 of RE\public Act 7279 is hereby amended to read as follows: 


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"Section 28. Eviction and Demolition. Eviction or demolition as a practice shall be 
discouraged.' Eviction or demolition L however,] may ONLY be allowed under the 
following situations: 
a) 
When persons or entities occupy danger areas such as esteros, railroad 
tracks, garbage dumps, riverbanks, shorelines, waterways, and other public 
places such as sidewalk~, roads, parks, and playgrounds; and 
b) When government infrastructure projects with available funding are about to 
be implemented. 
c) When there is a court order for eviction and demolition. 
In the execution of eviction or demolition orders involving underprivileged and 
homeless citizens, the following shall be mandatory: 
(1) Notice upon the effected persons or entities at least thirty (30) days prior to 
the date of eviction or demolition; 
(2) Adequate consultations on the matter of resettlement with the duly 
design,ated represE!ntatives of thE! families to be resettled and the affected 
communities in the areas where they are to be relocated; 
(3) Presence of local government officials or their representatives during eviction 
or demolition; 
(4) Proper identification of all persons taking part in the demolition; 
(5) Execution of eviction or demolition only during regular office hours from 
Mondays to Fridays and during good weather, unless the affected families 
consent otherwise; 
(6) No use of heavy equipment for demolition except for structures that are 
permanent and of concrete materials; 
(7) Proper uniforms for members of the Philippine National Police who shall 
occupy the first line of law enforcement and observe proper disturbance control 
procedures. 
[(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 con~erned and the National Housing Authority with the 
ass'istance of other government agencies within forty-five (45) days from service 
of notice of final judgment by the court, after which period the said order shall 
be executed: Provided, further, That should relocation not be possible within the 
said period, 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,] 
(8) THE AFFECTED COMMUNITIES SHALL HAVE ALREADY BEEN PROVIDED WITH 
A RELOCATION OR RESETILEMENT SITE WITH BASIC SERVICES AND FACILITIES 
AND ACCESS TO EMPLOYMENT AND LIVELIHOOD OPPORTUNITIES SUFFICIENT 
TO MEET THE BASIC NEEDS OF THE AFFECTED FAMILIES. PROVIDED THAT, ANY 


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FINANCIAL ASSISTANCE OFFERED AND/OR RECEIVED BY THE RELOCATED 
FAMILIES SHALL NOT BE CONSIDERED A WAIVER OF THE OBLIGATION OF THE 
IMPLEMENTING AGENCY AND/OR LOCAL GOVERNMENT UNIT TO PROVIDE 
PROPER RELOCATION. 
The Department of the Interior and Local Government and the Housing and Urban 
Development Coordinating Council shall jointly promulgate the necessary rules and 
regulations to carry out the above provision." 
"Section 28-A. BURDEN OF PROOF. IN ANY EVICTION OR DEMOLITION INVOLVING 
UNDERPRIVILEGED AND HOMELESS CITIZENS, THE AGENCY WHICH SEEKS TO 
IMPLEMENT THE DEMOLITION MUST SUFFICIENTLY PROVE THE FOLLOWING: 
(AI IN CASES OF EVICTIONS OR DEMOLITIONS INVOLVING DANGER AREAS, THE 
DANGEROUS CIRCUMSTANCES AFFECTING THE RESIDENTS TO BE EVICTED AND 
HOUSES TO BE DEMOLISHED; AND 
(B) IN CASES OF EVICTIONS OR DEMOLITIONS INVOLVING GOVERNMENT 
INFRASTRUCTURE PROJECTS, THE SUBSTANCE OF THE PROPOSED PROJECT AND 
THE BUDGET PERTAINING TO IT." 
SECTION 9. Section ~O of Republic Act 7279 is hereby amended to read as follows: 
"Section 40. Role of Government Housing Agencies. - In addition to their respective 
existing powers and functions, and those provided for in this Act, the hereunder 
mentioned housing agencies shall perform the following: 
(a) The Housing and Urban Development Coordinating Council shall, through the 
key housing agencies, provide local government units with necessary support 
such as: 
(1) Formulation of standards and guidelines as well as providing technical 
support in the preparation of town and land use plans; 
(2) In coordination with the National Economic and Development 
Authority and the National Statistics Office, provide data and information 
for forward-planning by the· local government units in their areas, 
particularly on projections as to the population and development trends 
in their localities and the corresponding investment programs needed to 
provide appropriate types and levels of infrastructure, utilities, services 
and land use patterns; and 
(3) Assistance in obtaining funds and other resources needed in the 
urban development and housing programs in their areas or responsibility. 
(b) The National Housing Authority, upon request of local government units, 
shall provide technical and. other forms of assistance in the implementation of 
their respective urban development and housing programs with the objective of 
augmenting and enhancfng local government capabilities in the provision of 
housing benefits to their constituents; 
(c) 
The National Home Mortgage Finance Corporation shall administer the 
Community Mortgage Program under this Act and promulgate rules and 
regulations necessary to carry out the provisions ofthis Act; and 


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(d) 
The Home Insurance Guaranty Corporation shall design an appropriate 
guarantee scheme to encourage financial institutions to go into direct lending for 
housing. 
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SEC. 40-A. CREATION OF SOCIALIZED HOUSING COMMISSION. A SOCIALIZED HOUSING 
COMMISSION 
SHALL 
BE 
ESTABLISHED 
WITH 
QUASI-JUDICIAL 
POWERS 
AND 
AUTHORITY WITH EXCLUSIVE JURISDICTION OVER ALL ISSUES ARISING FROM THE 
IMPLEMENTATION OF THIS ACT, ITS IMPLEMENTING RULES AND REGULATIONS, 
PARTICULARLY HOUSING RIGHTS OF THE HOMELESS AND UNDERPRIVILEGED, 
INCLUDING BUT NOT LIMITED TO ISSUES INVOLVING DEMOLITION, EVICTION, 
RESETTLEMENT, 'RELOCATION PARTICULARLY IN RELATION TO SECTION Z8 AND 
IMPLEMENTATION OF BALANCED HOUSING DEVELOPMENT UNDER SECTION 18 
HEREOF, COMMUNITY MORTGAGE PROGRAM, AND HOUSING RIGHTS PROVIDED IN 
THE CONSTITUTION, INTERNATIONAL COVENANTS OF WHICH THE PHILIPPINES IS A 
SIGNATORY." 
SECTION 10. Section 4S of Republic Act 7279 is hereby amended to read 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 (P2S,000) [(PS,OOO)] but not more than One 
hundred thousand pesos (PlOO,OOO), or both, at the discretion of the court: ProVided, 
That, if the offender is a corporation, partnership, association, or other juridical entity, 
the penalty shall be imposed on the officer or officers of said corporation, partnership, 
association, or juridical entity who caused the violation." 
SECTION 11. Separability Clause. - If any provision of this Act, or any part thereof, is declared 
unconstitutional, the same shall not affect the validity and effectivity of the other portions. 
SECTION 12. Repealing Clause. - All laws, executive orders, presidential decrees, proclamations, 
rules, regulations, issuances, and enactm'ents or parts thereof inconsistent with this Act are 
hereby repealed or modified accordingly. , 
SECTION 13. Effectivity. - This Act shall take effect after fifteen (15) days from its complete 
publication either in the Official Gazette or in a newspaper of general circulation in the 
Philippines. 
Approved,