Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 236

Introduced by Congressman ALFRED VARGAS

EXPLANATORY NOTE

The responsibility of the State to implementa land and housing reform program and
the rights of urban and rural poor tenants are enshrined in Article XIII of the 1987 Philippine
Constitution:

“Section 9. The State shall, by law, and for the common good, undertake,
in cooperation with the private sector, a continuing program of urban land
reform and housing which will make available at affordable cost decent
housing and basic services to underprivileged and homeless citizens in urban
centers and resettlement areas. It shall also promote adequate employments
of such programs that the State shall respect the rights of small property
owners.”

“Section 10, Urban and rural poor dwellers shall not be evicted nor
their dwellings demolished, except in accordance with law and in a just and
humane manner.

No resettlement of urban or rural dwellers shall be undertaken without
adequate consultation with them and the communities where they are to be
located.”

Thus the enactment of Republic Act No. 7279 or the “Urban Development and
Housing Act of 1992.” However, as evident today, the law fell short in addressing the plight
of the homeless poor.

Famiies in resettlement areas outside Metro Manila lament about hunger and poverty
due to lack of livelihood opportunities, expensive electricity and water charges, and added
commute costs as establishments like schools and markets are too far from the resettlement
area, Asa result, some families resort to selling their home units and moving back to informal
settlements in the Metro.


This bill seeks to uphold the rights of informal settler families (ISFs) through the
establishment of an on-site, in-city or near-city resettlement program. The proposed
legislation also provides for the participation of ISFs through the formulation of a People’s
Plan which shall be the policy of the basis of their resettlement. This will ensure that the ISFs
were properly consulted and that their concerns regarding employment, livelihood, and
access to basic services are addressed.

In view of the foregoing, the passage of this bill is earnestly sought.

LFRED VAHGAS


Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. ay

Introduced by Congressman ALFRED VARGAS

AN ACT

ESTABLISHING AN ON-SITE, IN-CITY OR NEAR-CITY RESETTLEMENT PROGRAM FOR
INFORMAL SETTLER FAMILIES AND, IN CONNECTION THEREWITH, MANDATING THAT
LOCAL GOVERNMENT UNITS PROVIDE LIVELIHOOD ASSISTANCE AND OTHER BASIC
SERVICES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279, AS AMENDED,
OTHERWISE KNOWN AS THE “URBAN DEVELOPMENT AND HOUSING ACT OF 1992”

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

SECTION 1. Short Title. - This Act shall be known as the “On-Site, In-City or Near-City
Resettlement Act of 2019.”

SEC 2, Amendatory Provisions. - For purposes of this Act, the following provisions
of Republic Act No. 7279, otherwise known as the “Urban Development and Housing Act of
1992,” are hereby amended as follows:

(a) Section 3 of Republic Act No. 7279 is hereby amended to read as follows:
“SEC. 3, Definition of Terms. - For purposes of this Act:

“xxx

“(w) x x x; [and]

“ Zonal improvement Program or ZIP’ refers to the program of the National

Housing Authority of upgrading and improving blighted squatters areas within

the cities and municipalities of Metro Manila pursuant to existing statutes and
pertinent executive issuances [.];


“ (¥) ‘ADEQUATE AND GENUINE CONSULTATION’ REFERS TO THE
STANDARD OF CONSULTATION WITH THE AFFECTED INFORMAL SETTLER
FAMILIES (ISFs) WHICH SHALL REQUIRE THE FOLLOWING:

“ (1) EFFECTIVE DISSEMINATION OF RELEVANT INFORMATION AND
DOCUMENTS INCLUDING LAND RECORDS, HOUSING BUDGETS, THE
PROPOSED PLAN OR PROJECT, ALTERNATIVE HOUSING OPTIONS, AND
COMPREHENSIVE RESETTLEMENT PLANS;

“ (2) REASONABLE TIME FOR THE PUBLIC TO REVIEW, COMMENT AND
OBJECT TO THE PROPOSED PROJECT;

“ (3) PROVISION BY THE GOVERNMENT OR NONGOVERNMENT
ORGANIZATIONS OF LEGAL, TECHNICAL, AND OTHER ADVICE TO AFFECTED
PERSONS ON THEIR RIGHTS AND OPTIONS;

“ (4) PUBLIC HEARINGS THAT PROVIDE AFFECTED ISFs AND THEIR
ADVOCATES WITH OPPORTUNITIES TO CHALLENGE THE EVICTION
DECISION OR PRESENT ALTERNATIVE PROPOSALS AND TO ARTICULATE
‘THEIR DEMANDS AND DEVELOPMENT PRIORITIES; AND

“ (5) IN CASE NO AGREEMENT IS REACHED ON THE PROPOSALS OF THE
CONCERNED PARTIES, AND INDEPENDENT BODY HAVING CONSTITUTIONAL
AUTHORITY, SUCH AS A COURT OF LAW, SHOULD MEDIATE, ARBITRATE OR
ADJUDICATE AS MAY BE APPROPRIATE;

“ (Z) ‘ CIVIL SOCIETY ORGANIZATIONS OR CSOS’ REFER TO
NONGOVERNMENTAL ORGANIZATIONS (NGOs), PEOPLE'S ORGANIZATIONS
(POs), COOPERATIVES, TRADE UNIONS, PROFESSIONAL ASSOCIATIONS,
FAITH-BASED ORGANIZATIONS, MEDIA GROUPS, INDIGENOUS PEOPLES
MOVEMENTS, FOUNDATIONS AND OTHER CITIZEN'S GROUPS FORMED
PRIMARILY FOR SOCIAL AND ECONOMIC DEVELOPMENT PLAN AND
MONITOR GOVERNMENT PROGRAMS AND PROJECTS, ENGAGE IN POLICY
DISCUSSIONS, AND ACTIVELY PARTICIPATE IN COLLABORATIVE ACTIVITIES
WITH THE GOVERNMENT;

“ (AA) ‘IN-CITY RESETTLEMENT’ REFERS TO A RELOCATION SITE WITHIN
‘THE JURISDICTION OF A CITY WHERE THE AFFECTED ISFs ARE LIVING;

“ (BB) ‘INFORMAL SETTLEMENTS’ REFER TO:

“ (4) RESIDENTIAL AREAS WHERE HOUSING UNITS HAVE BEEN
CONSTRUCTED BY SETTLERS ON LAND WHICH THEY OCCUPY ILLEGALLY;
OR

“ (2) UNPLANNED SETTLEMENTS AND AREAS WHERE HOUSING IS NOT IN
COMPLIANCE WITH EXISTING PLANNING AND BUILDING REGULATIONS;


“ (CC) ‘INFORMAL SETTLER FAMILIES’ COLLECTIVELY REFERRED TO AS ISFs,
REFERS TO FAMILIES LIVING IN INFORMAL SETTLEMENTS AS THE LATTER:
IS DEFINED IN THIS ACT;

“ (DD) ‘NEAR-CITY SETTLEMENT’ REFERS TO A RELOCATION SITE IN THE
CITY OTHER THAN THE CITY OF THE AFFECTED INFORMAL SETTLEMENTS:
PROVIDED, HOWEVER, THAT THE RELOCATION SITE IS ADJACENT TO THE
CITY WHERE THE AFFECTED ISFs HAVE THEIR SETTLEMENTS;

“ (EE) ‘NONGOVERNMENT ORGANIZATION OR NGO’ REFERS TO A DULY
REGISTERED NONSTOCK, NONPROFIT ORGANIZATION FOCUSING ON THE
UPLIFTMENT OF THE BASIC OR DISADVANTAGED SECTORS OF SOCIETY BY
PROVIDING ADVOCACY, TRAINING, COMMUNITY ORGANIZING, RESEARCH,
ACCESS TO RESOURCES, AND OTHER SIMILAR ACTIVITIES, AS DEFINED
UNDER REPUBLIC ACT NO. 8425, OTHERWISE KNOWN AS THE ‘SOCIAL
REFORM AND POVERTY ALLEVIATION ACT’ AND ORGANIZED AND
OPERATED EXCLUSIVELY FOR SCIENTIFIC, RESEARCH, EDUCATIONAL,
CHARACTER-BUILDING AND YOUTH AND SPORTS DEVELOPMENT, HEALTH,
SOCIAL WELFARE, CULTURAL AND CHARITABLE PURPOSES, OR A
COMBINATION THEREOF, AND NO PART OF THE NET INCOME OF WHICH
INURES TO THE BENEFIT OF ANY PRIVATE INDIVIDUAL PURSUANT TO
SECTION 34 (H)(2)(c)(1) OF REPUBLIC ACT NO. 8424, AS AMENDED,
OTHERWISE KNOWN AS THE ‘TAX REFORM ACT OF 1997’;

“ (FF) ‘OFF-CITY RESETTLEMENT’ REFERS TO A RELOCATION SITE
DEVELOPED OUTSIDE AND NOT ADJACENT TO THE CITY WHERE THE
AFFECTED ISFs HAVE THEIR SETTLEMENTS;

“ (GG) ‘PEOPLE'S PLAN’ REFERS TO THE PLAN FORMULATED BY THE
BENEFICIARY-ASSOCIATION, IN COORDINATION WITH THE PRESIDENTIAL
COMMISSION ON THE URBAN POOR WITH OR WITHOUT THE SUPPORT OF
CSOs, WHICH SHALL CONTAIN THE SITE DEVELOPMENT PLAN, INCLUDING
NONPHYSICAL DEVELOPMENT COMPONENTS SUCH AS SELF-HELP HOUSING
COOPERATIVE, LIVELIHOOD, SELF-HELP DEVELOPMENT, AND CAPABILITY
BUILDING; AND

“ (HH) ‘SOCIAL PREPARATION’ REFERS TO THE PROCESS OF ESTABLISHING
SOCIAL, ORGANIZATION, AND INSTITUTIONAL NORMS AND MECHANISMS,
SUCH NORMS AND MECHANISMS WILL: (1) ENABLE THE SETTLERS TO COPE
WITH CHANGES; AND (2) IN PARTNERSHIP WITH CONCERNED
INSTITUTIONS AND STAKEHOLDERS, ENCOURAGE THE SETTLERS NOT
ONLY TO WORK AMONG THEMSELVES FOR THE PURPOSE OF DRAWING UP
AND UNDERTAKING THEIR HOUSING RESETTLEMENT PROPOSALS BUT
ALSO TO ACTIVELY AND MEANINGFULLY PARTICIPATE IN HOUSING
RESETTLEMENT PROJECTS UNDERTAKEN IN THEIR BEHALF, THUS


RESOLVING COLLECTIVE ACTION PROBLEMS AMONG COMMUNITY
MEMBERS AND COORDINATION PROBLEMS WITH GOVERNMENT AND
OTHER ENTITIES.”;

(b) Section 23 of the same Act is hereby amended to read as follows:

“SEC. 23. Participation of PROGRAM Beneficiaries OR AFFECTED ISFs,
FORMATION OF BENEFICIARY ASSOCIATION, AND FORMULATION AND
IMPLEMENTATION OF A PEOPLE'S PLAN. - The local government units, in
coordination witht he Presidential Commission for the Urban Poor and concerned
government agencies, shall afford Program beneficiaries OR AFFECTED ISFs or
their duly designated representatives an opportunity to be heard and to
participate in the decision-making process over matters involving the protection
and promotion of their legitimate collective interests which shall include
appropriate documentation and feedback mechanisms. They shall also be
encouraged to organize themselves [and undertake self-help cooperative housing
and livelihood activities] INTO AN ASSOCIATION FOR ACCREDITATION AS
BENEFICIARIES OR AWARDEES OF OWNERSHIP RIGHTS UNDER THE
RESETTLEMENT PROGRAM, COMMUNITY MORTGAGE PROGRAM, LAND
TENURE ASSISTANCE PROGRAM, AND OTHER SIMILAR PROGRAMS IN
RELATION TO A SOCIALIZED HOUSING PROJECT ACTUALLY BEING
IMPLEMENTED BY THE NATIONAL GOVERNMENT OR BY THE LOCAL
GOVERNMENT UNITS. They shall assist the government in preventing the
incursions of professional squatters and members of squatting syndicates into
their communities.

“In instances when the affected beneficiaries have failed to organize
themselves or form an [alliance] ASSOCIATION within a reasonable period prior
to the implementation of the program or projects affecting them, consultation
between the implementing agency and the affected beneficiaries shall be
conducted with the assistance of the Presidential Commission for the Urban Poor
and the concerned nongovernmental organization UNTIL AN ASSOCIATION IS
FORMED IN PLACE.

“THE ASSOCIATION, IN COORDINATION WITH THE PRESIDENTIAL
COMMISSION FOR THE URBAN POOR WITH OR WITHOUT THE SUPPORT OF
CSOs SHALL FORMULATE A ‘PEOPLE'S PLAN’ THROUGH A PROCESS OF
CONSULTATION WHICH SHALL CONTAIN A SITE DEVELOPMENT PLAN,
INCLUDING NONPHYSICAL DEVELOPMENT COMPONENTS SUCH AS SELF-
HELP DEVELOPMENT, AND CAPABILITY-BUILDING TRAININGS.

“THE ASSOCIATION, WITH THE ASSISTANCE OF CSOs AND GOVERNMENT
AGENCIES INCLUDING THE NATIONAL ANTI-POVERTY COMMISSION (NAPC),
PRESIDENTIAL COMMISSION FOR THE URBAN POOR, NATIONAL HOUSING
AUTHORITY, CITY OR MUNICIPAL SOCIAL WELFARE AND DEVELOPMENT
OFFICE, SOCIAL HOUSING FINANCE CORPORATION, LOCAL GOVERNMENT


UNITS, AND OTHER RELEVANT AGENCIES OF GOVERNMENT, SHALL AGREE
ON, DEVELOP, AND IMPLEMENT THE PEOPLE'S PLAN.

“IN ACCORDANCE WITH THE PROTECTION GUIDELINES PROVIDED
UNDER SECTION 28 OF THIS ACT, A RELOCATION ACTION PLAN SHALL BE
AN INDISPENSIBLE COMPONENT OF THE PEOPLE'S PLAN. THE RELOCATION
ACTION PLAN SHALL INCLUDE THE FOLLOWING OBJECTIVES:

“(A) ENSURE SAFE, AFFORDABLE, DECENT, AND HUMANE CONDITION OF
RELOCATION, INCORPORATING THEREIN APPROPRIATE DISASTER RISK
REDUCTION MANAGEMENT AND CLIMATE CHANGE ADAPTATION
STANDARDS;

“(B) PROVIDE ADEQUATE SOCIAL PREPARATION; AND

“(C) PREVENT FORCED EVICTION:

PROVIDED, THAT PRIMARY CONSIDERATION SHALL BE GIVEN TO THE
HOUSING FINANCIAL SCHEME SUGGESTED IN THE PEOPLE'S PLAN.

(c) Section 26 of the same Act is hereby amended to read as follows:

“SEC. 26, Urban Renewal and Resettlement. - [This] URBAN RENEWAL AND
RESETTLEMENT shall include the rehabilitation and development of blighted
and slum areas and the resettlement of Program beneficiaries in accordance with
the provisions of this Act. On-site development shall be implemented [whenever
possible] AFTER ADEQUATE AND GENUINE CONSULTATION WITH THE
AFFECTED ISFs, AND IN ACCORDANCE WITH THE PEOPLE'S PLAN
FORMULATED PURSUANT TO SECTION 23 OF THIS ACT, in order to ensure
minimum movement of occupants of blighted lands and slum areas.

“[The] WHERE DEMOLITION OR EVICTION IS ALLOWED IN THE AREA
OCCUPIED BY THE PROGRAM BENEFICIARIES PURSUANT TO SECTION 28 OF
THIS ACT, AND ON-SITE RESETTLEMENT CANNOT BE UNDERTAKEN BY
REASON THEREOF, THE IN-CITY resettlement of the beneficiaries of the
Program from their existing places of occupancy shall be undertaken only [when
on-site development is not feasible and] after compliance with the procedures laid
down in [Section 28 of this Act] THE SAME SECTION OF THIS ACT AND IN
ACCORDANCE WITH THE PREFERENCE OF THE AFFECTED ISFs AS
CONTAINED IN THE PEOPLE'S PLAN.

“SHOULD IN-CITY RESETTLEMENT NOT BE FEASIBLE, NEAR-CITY
RESETTLEMENT SHALL BE CONSIDERED. OFF-CITY RESETTLEMENT SHALL
ONLY BE RESORTED TO WHEN DIRECTLY REQUESTED BY THE AFFECTED
ISFs THEMSELVES, AND MUST SATISFY THE REQUIREMENTS OF ADEQUATE
AND GENUINE CONSULTATION PRIOR TO RELOCATION.” And


(d) Section 29 of the Same Act is hereby amended to read as follows:

“SEC. 29, Resettlement. - Within two (2) years from the effectivity of this Act,
the local government units, in coordination with the National Housing Authority,
shall implement the relocation and resettlement of persons living in danger areas
such as esteros, railroad tracks, garbage dump, riverbanks, shorelines, waterways,
and in public places such as sidewalks, roads, parks and playgrounds. The local
government unit, in coordination with the National Housing Authority, shall
provide relocation or resettlement sites with basic services to meet the basic
needs of the affected families.

“IN INSTANCES WHEN THE RELOCATION OR RESETTLEMENT SITE IS
LOCATED IN ANOTHER LOCAL GOVERNMENT UNIT, THE LOCAL
GOVERNMENT UNIT THAT IMPLEMENTS THE RELOCATION OR
RESETTLEMENT AND THE CONCERNED NATIONAL GOVERNMENT AGENCIES
SHALL, THROUGH A MEMORANDUM OF AGREEMENT, PROVIDE THE OTHER:
BASIC SERVICES AND FACILITIES ENUMERATED UNDER SECTION 21 OF THIS
ACT TO THE RECEPIENT LOCAL GOVERNMENT UNIT WHERE THE
RELOCATION OR RESETTLEMENT SITE IS LOCATED.

“THE HOUSING AND UBRAN DEVELOPMENT COORDINATING COUNCIL
AND THE DEPARTMENT OF FINANCE - BUREAU OF LOCAL GOVERNMENT
FINANCE SHALL FORMULATE THE IMPLEMENTING RULES AND
REGULATIONS ON THE COST-SHARING MECHANISM NECESSARY TO FULLY
IMPLEMENT THE PROVISION OF SUCH OTHER BASIC SERVICES AND
FACILITIES.

“IN ADDITION TO THE FUNDING SOURCES PROVIDED UNDER SECTION 42
OF THIS ACT, THE ALLOCATION FOR THE BASIC SERVICES AND FACILITIES
MAY BE TAKEN BY THE LOCAL GOVERNMENT UNIT IMPLEMENTING THE
RELOCATION OR RESETTLEMENT FROM THE TWENTY (20%) OF THE
INTERNAL REVENUE ALLOTMENT APPROPRIATED FOR DEVELOPMENT
PROJECTS AS MANDATED UNDER SECTION 287 OF REPUBLIC ACT NO. 7160,
OTHERWISE KNOWN AS THE ‘LOCAL GOVERNMENT CODE OF 1991’,”

SEC 3, Implementing Rules and Regulations. - The principles, policies and
provisions of this Act shall be incorporated in the National Shelter Program.

The Housing and Urban Development Coordinating Council and the Department of
the Interior and Local Government, in consultation and coordination with appropriate
government agencies, CSOs, NGOs, representatives from the private sector, and ISFs, shall
promulgate a new set of implementing rules and regulation within sixty (60) days from the
effectivity of this Act. The implementing rules and regulations shall be consistent with the
provisions of this Act, particularly with the amendments, parameters, and standards


introduced to Section 23, 26, and 29 of the “Urban Development and Housing Act of 1992,”
and shall include the following:

(a) A People’s Plan template to guide ISPs in the development of their own People’s
Plan: Provided, That such template shall be a complete pro forma People’s Plan:
Provided, however, That such a template shall be used to benchmark minimum
standards in a People’s Plan; and

(b) A guide to effective implementation of the People’s Plan, including details on the
necessity of the issuance of internal memoranda by concerned agencies.

The implementing rules and regulations pursuant to this Section shall take effect
thirty (30) days after its publication in two (2) national newspapers of general circulation.

SEC 4. Repealing Clause. - All laws, decrees, executive orders, proclamations, rules
and regulations, and other issuances, or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 5. Separability Clause. - If, for any reason, any part, section, or provision of this
Act is held invalid or unconstitutional, the remaining provisions not affected therby shall
continue to be in full force and effect.

SEC. 6, Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or ina newspaper of general circulation.

Approved,