HOUSE OF REPRESENTATIVE!

RECENCO
16 AUG 2016
DATE:

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Republic of the Philippines |
HOUSE OF REPRESENTATIVES
Quezon City |
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SEVENTEENTH CONGRESS
First Regular Session

House BILL No. 38009

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

The contemporary scheme and scene appear to travel in the opposite direction with the
constitutional provisions espoused in Article XIII of the 1987 Constitution in so far as social
justice and human rights are concerned.

Consider over 130,000 families living in subhuman environment ~ esteros, bridges, dump
sites, danger zones and the like — all over Metro Manila making them truly vulnerable to both
man-made and natural disasters.

Offhand, the whole picture could turn out as one of social justice issue since it seems to
graphically draw a case of seemingly irreparable injustice in society.

It is this author's shared belief that Congress can advance the cai

@ of social justice b)
simply providing habitable housing for the homeless. We shall still 9


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _3000

Introduced by Rep. Winston “Winnie” Castelo

AN ACT

PROVIDING FOR THE RESETTLEMENT, AID AND REHABILITATION SERVICES FOR
THE UNDERPRIVILEGED AND HOMELESS CITIZENS AFFECTED BY THE
DEMOLITION OF HOUSES/DWELLINGS ALONG DANGER AREAS SUCH AS
ESTEROS, GARBAGE DUMPS, RIVERBANKS, SHORELINES, WATERWAYS AND
OTHER PUBLIC PLACES SUCH AS SIDEWALKS, ROADS, PARKS AND
PLAYGROUNDS AS WELL AS THE VICTIMS OF DISASTERS AND CALAMITIES AND
THOSE AFFECTED BY GOVERNMENT INFRASTRUCTURE PROJECTS IN METRO
MANILA AND FOR OTHER PURPOSES

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

SECTION 1. Declaration of Policy. — It is hereby declared the policy of the State to
assist the underprivileged and homeless citizens in urban areas adversely affected by the
demolition of houses/dwellings along danger areas such as esteros, garbage dumps,
riverbanks, shorelines, waterways and other public places such as sidewalks, roads, parks
and playgrounds as well as the victims of disasters and calamities and those affected by
government infrastructure projects.

SEC. 2. Statement of Objectives and Guidelines. - This Act is intended to help the
underprivileged and homeless citizens who suffered damages resulting from the demolition
in or the clearing up of the danger areas such as esteros, garbage dumps, riverbanks,
shorelines, waterways and other public places such as sidewalks, roads, parks and
playgrounds as well as the victims of disasters and calamities and those affected by
government infrastructure projects in Metro Manila, It aims to provide funds for the
immediate relief of the displaced underprivileged families and homeless citizens through the
establishment of resettlement centers, home sites or town sites, whether off-site or
beneficiary-led, through the community Mortgage Program or other socialized housing
programs.

SEC. 3. Guidelines in the Allocation of Funds. - Government funds and resources
shall be spent effectively in consonance with the principle of providing the greatest good for
the greatest number. Accordingly, the following guidelines shall be observed in allocating
the funds made available for the implementation of this Act.

(a) Funds shall be allocated exclusively for the underprivileged and homeless
citizens affected by the demolition of their houses/dwellings in Metro Manila;

(b) Funds shall be exclusively for relocation or resettlement sites that will be
beneficiary-led or off-site under the Community Mortgage Program socialized
housing programs of other agencies;


(©) Funds, shall, when necessary, be for the construction of basic services and
facilities such as schools and health centers as well as roads or access to
employment and livelinood opportunities sufficient to meet the basic needs of
the affected families; and

(d) In no case shall any portion of the sum herein appropriated be used in
payment of any subsisting obligation contracted before the passage of this
Act

SEC. 4. Appropriations. — The amount necessary for the implementation of this Act
shall be included in the annual General Appropriations Act until such time that the total
requirements for this purpose shall have been fully implemented.

SEC. 5. Determination of beneficiaries and Projects — The Office of the President
through the Housing and Urban Development Coordinating Council (HUDCC), in
consultation with the Metro Manila Inter-Agency Committee (MMIAC) and the local
government unit (LGU) as host site, shall assist in the resettlement of beneficiaries through a
beneficiary-led or off-site Community Mortgage Program or other socialized housing
programs. The Presidential Commission for the Urban Poor, in coordination with the MMIAC
and the LGU concemed, shall take the census of beneficiaries and cross-check the same
with the census of the National Housing Authority (NHA).

SEC. 6. Alpha Listing of Beneficiaries. - The HUDCC, in coordination with the
MMIAC, shall produce an alpha listing of the beneficiaries covered under this Act.

SEC. 7. Rules and Regulations. - The HUDCC, in coordination with the MMIAC,
shall, within thirty (30) days from the approval of this Act, issue the necessary rules and
regulations for the effective implementation of this Act.

SEC. 8. Penalty Clause. - Any person or persons who shall take advantage of the
situation for undue personal and private gain by committing an act of profiteering in the
purchase of lots or materials, or by committing an act of misrepresentation in the
documentation, or by falsifying reports shall be imposed the penalty of not more than six (6)
years of imprisonment or a fine of not less than Five Thousand Pesos (P5,000.00) but not
more than One Hundred Thousand Pesos (P100,000.00). Any other illegal act that may be
committed in relation thereto shall be prosecuted to the full extent of the law.

SEC. 9. Separability Clause. - If any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full
force and effect.

SEC. 10. Repealing Clause. — Any law, decree, rules and regulations which are
inconsistent which are inconsistent with or contrary to the provisions of this Act are hereby
amended or repealed accordingly.

SEC. 11. Effectivity Clause. — This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,