EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)))
SENATE
S. No. 1081
ot tiK * '' -1 U,‘P
•19 SEP 30 P12
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PRESCRIBING A JUST AND 
HUMANE CODE 
OF CONDUCT 
FOR THE 
RESETTLEMENT 
OF 
UNDERPRIVILEGED 
AND 
HOMELESS 
CITIZENS, 
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND APPROPRIATING 
FUNDS THEREFOR
EXPLANATORY NOTE
The Philippines has one of the highest concentrations of urban poor in the East 
Asia Pacific region. Urban poor communities find themselves in unsafe areas, have poor 
housing conditions, and have limited access to basic social services. The Constitution is 
clear that the State shall ensure that underprivileged and homeless citizens have access 
to adequate, safe, secure, habitable, sustainable, resilient and affordable housing 
(Section 9, Article XIII). Likewise, the State shall neither evict nor demolish informal 
settler families, except in accordance with law and in a just and humane manner, and 
shall promote social justice in all phases of national development.
This bill aims to breathe life into these invocations of the Constitution and installs 
in place mechanisms to protect the rights of informal settler families when eviction or 
demolition becomes unavoidable, as for example when the inhabited structure is 
located in a danger zone, when government infrastructure projects with available 
funding are to be conducted, or when there is court order for demotion or eviction.
The bill mandates that social preparation activities be conducted before the 
eviction or demolition -  ensuring more effective people's participation in the urban 
development process through a mechanism of adequate and genuine consultation in all 
stages of the relocation and resettlement process with the affected communities, which 
should include a space for children, women and other marginalized groups. During the 
demolition process, the bill establishes a code of conduct to prevent the outbreak of 
violence and to protect the most vulnerable. It also mandates adequate relocation 
immediately after demolition.


Our cities are the engines of growth for the country, but many of our urban 
residents still remain at the fringes of progress -  unable to access basic social services, 
vulnerable to climate-related disasters, and finding their rights and dignity violated. This 
bill does not aim to address, and eradicate, all the underlying causes of urban poverty; 
it does, however, aim to respond to an important aspect of it: just and humane housing.
The passage of this bill is earnestly sought.
r I sa h o n t iv e r o s  
y
HONTIVEROS 
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
))
)
SENATE
r  \  
: -V 'I '
d ilK 
-tm..
•19 
SEP 30 
P12 ;15
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
PRESCRIBING A JUST AND HUMANE CODE OF CONDUCT FOR THE 
RESETTLEMENT 
OF 
UNDERPRIVILIGED 
AND 
HOMELESS 
CITIZENS, 
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND APPROPRIATING 
FUNDS THEREFORE
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Title. This act shall be known as the "JUST AND HUMANE
2 
RESTELLEMENT ACT".
3 
Sec 2. Declaration o f Policy. -  Pursuant to Section 9, Article XIII of the
4 
Constitution, the State shall ensure that underprivileged and homeless citizens have
5 
access to adequate, safe, secure, habitable, sustainable, resilient and affordable
6 
housing.
7 
Pursuant to Section 10, Article XIII and Section 10, Article II of the Constitution, the
8 
State shall neither evict nor demolish informal settler families, except in accordance
9 
with law and in a just and humane manner, and shall promote social justice in all
10 
phases of national development.
11 
The State shall, by law and for the common good, undertake, in cooperation with the
12 
private sector, a continuing program of housing and urban development which shall
13 
make available 
at affordable 
cost, 
decent housing 
and 
basic services to
14 
underprivileged and homeless citizens in urban centers and resettlement areas.
15 
In addition, the State shall encourage on-site development in the implementation of
16 
housing programs and shall promote the creation of new settlements and
17 
development of sustainable urban renewal programs while guaranteeing the
18 
preservation of agricultural lands necessary for food security.
19 
The State shall encourage more effective people's participation in the urban
20 
development process through a mechanism of adequate and genuine consultation in
1


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all stages of the relocation and resettlement process with the affected communities,
2 
which should include a space for children, women and other marginalized groups.
3 
Sec. 3. D efinition of Terms. -  As used in this Act, the following terms are
4 
defined as follows:
5 
a. Adequate and Genuine Consultation. -  refers to the constitutionally
6 
mandated process whereby the public, on their own or through
7 
people's organizations, is provided an opportunity to be heard and to
8 
participate in the decision making process on matters involving the
9 
protection and promotion of its legitimate collective interest, which
10 
shall include the following:
11 
1. Effective dissemination and full access, to the public, of
12 
relevant information, plans and documents, including but not
13 
limited to land records, housing budgets, the proposed plan or
14 
project, alternative housing options, technical studies, and
15 
comprehensive resettlement plans;
16 
2. Reasonable time, which shall not be less than thirty (30) days,
17 
for the public to review, comment and object to the plans and
18 
studies;
19 
3. Provision by the government or non-government organizations
20 
of legal, technical, and other appropriate advice to affected
21 
persons, households, and/or organizations on their rights and
22 
option;
23 
4. Separate sessions of open and public consultations with
24 
affected households in general and affected subsectors in
25 
particular, including but not limited to women, children, youth,
26 
senior citizens, persons with disabilities (PWDs), workers,
27 
farmers, 
fisherfolk, 
and 
lesbians, 
gays, 
bisexuals, 
and
28 
transgenders (LGBT);
29 
5. Public hearings that provide affected ISFs and their advocates
30 
with opportunities to challenge the eviction decision or
31 
present alternative proposals and to articulate their demands
32 
and development priorities; and
33 
6. The conclusion of any mediation, arbitration, or adjudication
34 
proceedings 
by 
an 
independent 
body 
vested 
with
35 
constitutional authority such as a court of law, when


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appropriate and availed of, in case no agreement is reached 
on the proposals of the concerned parties.
b. Danger Area - Refers to areas which, when occupied for residential 
purposes, actually pose a danger to the life and safety and property 
of either the concerned residents or of the general community. The 
danger is due to an unavoidable source of probable harm to human 
life or well-being.
c. Demolition - Refers to the dismantling by the LGU, or any legally 
authorized agency of government, of all structures within the 
premises subject for clearing.
d. Eviction - Refers to the removal of persons and their belongings from 
a subject building/structure or area, or both, in accordance with law.
e. High Risk Area -  An area which poses a high level of threat to the 
public welfare and safety that cannot be addressed through 
scientific, 
physical and engineering 
methods and, thereby, 
is 
unsuitable for settlement and permanent structures.
f. 
Informal Settler Families (ISF) -refers to individuals or households 
living in any of the following places:
1. Lots, buildings, dwelling units, or other structures without the 
consent of the property owner;
2. Danger areas;
3. Areas for government infrastructure projects;
4. Protected or forest areas, except for indigenous peoples;
5. Areas for priority development as declared under Proclamation 
No. 1967, series of 1980, if applicable;
6. Government or public lands or facilities not intended for 
human habitation; or
7. Any other places, after being displaced due to natural or man­
made hazards.
g. People's Plan. -  refers to the plan formulated and Initiated by the 
beneficiary associations, with the assistance of the concerned 
government 
agencies, 
in 
cooperation 
with 
the 
Presidential 
Commission for the Urban Poor, with or without the support of CSOs, 
which shall contain a site development plan that conforms to 
standards of adequate housing and to the comprehensive land use 
plan of the local government unit under whose jurisdiction the
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project site is proposed to be located, including architecture and
2 
engineering house design, community health, sanitation and security
3 
plans, as well as nonphysical development components such as self-
4 
help development, capability building, and a system of allocation of
5 
socialized housing units. The formulation and the resulting plan
6 
should promote and protect the welfare of women, children, persons
7 
with disabilities, and senior citizens.
8 
h. Social Preparation -  Refers to the series of activities designed to
9 
prepare the affected ISF to cope with the changes brought about by
10 
government infrastructure or development projects and to encourage
11 
them to actively participate and prepare their societal, community
12 
and personal responsibilities in their quest for tenurial security,
13 
human development and basic services, employment and livelihood
14 
and other government programs for the ISF.
15 
Sec. 4. Coverage. -  This law shall apply in all cases of demolition or eviction,
16 
whether undertaken by the government or private individuals or entities, and
17 
whether ordered by the courts or otherwise.
18 
Sec. 5. Policy on Eviction and Dem olition. -  As a general rule, any
19 
eviction of informal settler families or demolition of the structures they live in or any
20 
appurtenance thereto shall be prohibited.
21 
Sec. 6. Exceptions. -  Eviction of informal settler families or demolition of the
22 
structures they live in or any appurtenance thereto shall be allowed only in the
23 
following exceptional cases:
24 
a. When ISFs occupy a danger area, such as esteros, railroad tracks,
25 
garbage dumps, riverbanks, shorelines, waterways, and other public
26 
places such as sidewalks, roads, parks, and playgrounds, or a high
27 
risk area which poses a high level of threat to public welfare and
28 
safety that cannot be addressed through or remedied by scientific,
29 
physical and engineering methods and, thereby, is unsuitable for
30 
settlement and permanent structures: Provided, that an area can
31 
only be declared as a danger area or high risk area through an
32 
appropriate 
technical 
study, 
adequate 
and 
genuine 
public
33 
consultation with the affected persons or entities, and certification by
34 
the appropriate government agency. It shall be the duty of the
35 
province and the city or municipality, after one hundred twenty (120)
36 
days from the effectivity of this Act, to conduct the technical studies
4


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and public consultations necessary to identify all danger and high
2 
risk areas within their respective jurisdictions.
3 
b. When government infrastructure projects with available funding are
4 
about to be implemented: Provided, that evictions or displacements
5 
of population due to any development project or business venture
6 
involving the government should be avoided or minimized: Provided,
1 
further, that if eviction is unavoidable under the circumstances, the
8 
government shall conduct a comprehensive and holistic impact
9 
assessment, before the project is implemented, to determine
10 
whether the project will serve the public interest and to explore
11 
alternatives and strategies to minimize harm and further violation of
12 
human rights of the affected communities, particularly children,
13 
women and other marginalized groups: Provided, finally, that the
14 
agency which seeks to implement the eviction or demolition shall
15 
establish the budget pertaining to it upon its application to the
16 
Presidential Commission for the Urban Poor for an eviction or
17 
demolition certificate of compliance; and
18 
c. When there is a court order for eviction and demolition: Provided,
19 
however, that no execution of eviction or demolition order shall
20 
proceed and be carried out during the pendency of an appeal,
21 
notwithstanding the failure to file a supersedeas bond to stay the
22 
execution of the order if the appellant is an underprivileged and
23 
homeless citizen.
24 
Sec. 7. M andatory Requirements Before, During and A fter the
25 
Conduct o f Eviction or Dem olition. -  No eviction or demolition involving ISFs
26 
shall be executed without full compliance with the following mandatory requirements
27 
to uphold human dignity and prevent any violation of human rights:
28 
a. Before Eviction or Demolition
29 
1. Conduct of social preparation activities related to asset reform,
30 
human development an 
basic services, employment and
31 
livelihood, and other programs of the government for both the
32 
affected underprivileged and homeless citizens and the affected
33 
families of the place where the former will be relocated.
34 
Provided, that, separate social preparation activities for children
35 
of both communities on matters relating to the promotion and


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protection of their right to development, survival, protection 
and participation shall be conducted.
2. Notice upon the affected persons or entities at least thirty (30) 
days prior to the date of eviction or demolition;
3. Adequate 
and 
genuine 
consultations 
on 
the 
matter 
of 
resettlement with the duly designated representatives of the 
families to be resettled and the affected communities in the 
areas where they are to be relocated: PROVIDED, that a 
consultation in the form of an inter-agency pre-eviction or pre­
demolition conference with the affected underprivileged and 
homeless citizens shall be convened by the national government 
agency or local government unit authorized to evict or demolish 
and the same shall be complied with under the following 
conditions:
i. 
The local Philippine National Police Personnel, whose 
function 
is to 
provide 
law enforcement and 
civil 
disturbance control but not to participate in the physical 
dismantling of any structure, shall actively participate in 
the consultation process and their role shall be clearly set 
forth;
ii. 
The following agencies shall be represented during the 
inter-agency pre-eviction or pre-demolition conference 
with the affected underprivileged and homeless citizens:
a) The 
Department 
of the 
Interior 
and 
Local 
Government (DILG);
b) The 
Department 
of 
Social 
Welfare 
and 
Development (DSWD);
c) The Department of Education (DepEd);
d) The Department of Public Works and Highways 
(DPWH);
e) The Department of Human Settlements and Urban 
Development (DHSUD);
f) The National Housing Authority (NHA);
g) The Department of Health (DOH);
h) The Presidential Commission for the Urban Poor 
(PGUP);
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i) The Commission on Human Rights (CHR);
j) The Philippine Commission on Women (PCW);
k) The Council for the Welfare of Children (CWC);
l) Appropriate Key Shelter Agencies;
m) Representatives 
from 
non-government
organizations 
and/or 
people's 
organizations 
working for the interest of the informal settler 
families; and
n) The concerned local government units.
If the conference is convened by the local government, the PCW and 
CWC shall be replaced by the Local GAD Focal Point System and the 
Local 
Council 
for 
the 
Protection 
of 
Children 
representatives, 
respectively, of the concerned LGUs.
Hi. 
The 
inter-agency 
pre-eviction 
or 
pre-demolition
conference 
with 
the 
affected 
underprivileged 
and 
homeless citizens shall be presided by the Presidential 
Commission for the Urban Poor, which may call on the 
assistance of other agencies whenever necessary;
iv. 
A plan for eviction or demolition shall be formulated 
during the inter-agency pre-eviction or pre-demolition 
conference, setting forth therein clear procedures that 
will be implemented during the eviction or demolition to 
prevent any human rights violation;
V. 
The details of the inter-agency pre-eviction or pre­
demolition conference with the affected underprivileged 
and homeless citizens shall be documented or recorded, 
and a summary of the points of the agreements arrived 
at as well as the disagreements shall be considered and 
given weight by the inter-agency body in coming up with 
a decision on matters relating to the conduct of eviction 
or 
demolition: 
Provided, 
that 
copies 
of 
the
documentation and summary shall be provided to all the 
stakeholders present three (3) days after the pre-eviction 
or pre-demolition conference;
vi. 
The 
inter-agency 
pre-eviction 
or 
pre-demolition 
conference 
with 
the 
affected 
underprivileged 
and
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homeless citizens shall be conducted after seven (7) days 
from service of notice of eviction or demolition upon the 
affected persons and entities; and
vii. 
Any request for police assistance shall be accompanied 
by a certification from the Presidential Commission for 
the Urban Poor that an inter-agency pre-eviction or pre­
demolition conference with the affected underprivileged 
and homeless citizens was conducted.
4. Submission to the Barangay Officials, before any eviction or 
demolition, of the following:
i. 
Certificate of Compliance secured from the Presidential 
Commission for the Urban Poor;
ii. 
Names of all personnel, staff, and crew taking part in 
the eviction or demolition activity, including private 
security, and the names of the Philippine National Police 
Personnel assigned to maintain law and order;
iii. 
Notice of the date of demolition which shall be at least 
five (5) calendar days from such notice; and
iv. 
List of officers of the agencies forming part of the inter­
agency 
body 
convened 
to 
extend 
support 
and 
assistance.
b. During Eviction and Demolition.
i. 
Reading of the plan of eviction or demolition agreed upon 
during the inter-agency pre-eviction or pre-demolition 
conference;
ii. 
Presence 
of 
local 
government 
officials 
or 
their 
representatives during eviction or demolition;
Proper identification of all persons taking part in the 
demolition;
Execution of eviction or demolition only during regular 
office hours from Mondays to Fridays and during good 
weather, unless the affected families consent otherwise;
V. 
No use of heavy equipment for demolition except for 
structures that are permanent and made of concrete 
materials;
III.
IV.


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Vi. 
Proper uniforms for members of the Philippine National 
Police who shall occupy the first line of law enforcement 
and 
observe 
proper 
disturbance 
control 
procedures: 
Provided, that the PNP, in coordination with the DSWD, 
shall ensure the safety and security of the affected children, 
pregnant and lactating mothers, senior citizens, persons 
with disabilities and other groups or marginalized sectors in 
the areas of eviction or demolition;
vii. 
Observance of a minimum standard of conduct based on 
rules of engagement that apply maximum tolerance in 
order to prevent the outbreak of violence or the escalation 
thereof: Provided, that any legal use of force must respect 
the principles of necessity and proportionality: Provided, 
further, that the child protection policy in the conduct of 
eviction or demolition shall be implemented;
viii. 
Measures 
to 
protect 
the 
evictees 
from 
threats 
or 
harassment from the government or private persons or 
entities, including gender-based violence: Provided, that 
legal assistance to any complaining party shall be available; 
and
ix. 
Transparency in all stages of the eviction or demolition 
process, allowing the media to cover the whole event,
c. After Eviction or Demolition
i. 
Adequate housing and relocation, whether temporary or 
permanent: Provided, 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 concerned and the 
National 
Housing 
Authority with the assistance of other government agencies 
within forty-five (45) days from the service of notice of final 
judgement by the court, after which period the said order 
shall be executed: Provided, However, that should relocation 
not be possible within the said period, financial assistance in 
the amount equivalent to the prevailing and applicable 
minimum daily wage for non-agricultural workers, multiplied 
by sixty (60) days, shall be extended to the affected families
9


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by the local government unit concerned: Provided, further,
2 
that the financial assistance shall not replace the requirement
3 
of adequate relocation; and
4 
ii. 
Immediately after the eviction, all relief measures, medical
5 
facilities, psychosocial services, documentation of evictees to
6 
prevent displacement or family separation and similar
7 
assistance shall be put in place by the local government units
8 
concerned in partnership with relevant government agencies.
9 
Sec. 8. Coverage. Observance of the above requirements shall be mandatory
10 
in all cases involving the eviction and demolition of underprivileged and homeless
11 
citizens and ISFs, regardless of whether or not their dwellings or residential
12 
structures were constructed before or after the effectivity of this Act.
13 
Sec. 9. Rules on Coverage. The Department of Interior and Local
14 
Government and the Department of Human Settlements and Urban Development
15 
shall jointly promulgate the necessary rules and regulations to carry out the
16 
immediately preceding section.
17 
Sec. 10. Prohibition against Building a Perim eter Fence after Fire or
18 
Calamity. It shall be prohibited for any person to secure or build a perimeter fence
19 
on an area or property inhabited by underprivileged and homeless citizens after the
20 
same is razed to the ground by a fire or ruined by a natural calamity: Provided, that
21 
the fencing of the of the property shall be allowed if the person causing the fencing
22 
can show a duly-signed court order allowing the same.
23 
Sec. 11. Designation o f a Central Coordinating Body for Eviction,
24 
Dem olition and Resettlement. The Presidential Commission for the Urban Poor
25 
(PGUP) is hereby designated as the Central Coordinating Body for the conduct of
26 
eviction and demolition activities involving underprivileged and homeless citizens.
27 
Sec. 12. Functions o f Central Coordinating Body. The PGUP shall exercise
28 
the following functions:
29 
a. Monitor all evictions and demolitions, whether extrajudicial or court-
30 
ordered, involving underprivileged and homeless citizens;
31 
b. Require a government agency or local government unit proposing to
32 
undertake the eviction or demolition activities to secure first from the
33 
PGUP Central Office, in the case of national projects, or from its
34 
regional office in case of local projects, the checklist and guidelines
35 
for the national and local projects, respectively, on eviction or
36 
demolition 
prior 
to 
the 
actual 
implementation 
thereof 
and,
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subsequently, to submit to the PGUP the completed checklist, attested 
to under oath by the proponent, indicating that:
1. Adequate and genuine consultation with the affected families 
have already been undertaken;
2. Adequate 
resettlement 
site 
and 
relocation 
facilities 
are 
available; and
3. The pre-relocation requirements have been complied with;
c. Review the basis for application for the conduct of eviction of 
underprivileged and homeless citizens or the demolition of their 
dwellings or appurtenances thereto in a danger area or high risk area, 
or in an area where a government infrastructure project with 
available funding is about to be implemented;
d. Based on the completed checklist, subject to further verification and 
the review of the basis for application for eviction or demolition in the 
immediately preceding sub-paragraph, issue a demolition and eviction 
certificate of compliance to the national government or local 
government unit proposing the eviction or demolition involving 
underprivileged and homeless citizens;
e. Initiate, in coordination with relevant government agencies, the 
formulation of rules of engagement in the implementation of eviction 
or demolition based on maximum tolerance and on the principles of 
necessity and proportionality;
f. 
Establish a separate protection mechanism for children through the 
formulation of a child protection policy in the conduct of eviction and 
demolition: 
Provided, that the child protection policy shall be 
developed in partnership with the DSWD, CHR and CWC and in 
consultation with stakeholders including children;
g. Investigate motu propio or upon complaint by any party any violation 
of the provisions of sections 6, 7 and 8 hereof or the rules and 
regulations issued to implement them;
h. 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 subsections 6, 7, and 
8 hereof or the rules and regulations issued to implement them;
i. 
Recommend 
to 
the 
President 
appropriate 
measures 
for 
the 
implementation and enforcement of this Act and the rules and
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regulations issued to implement it, including possible administrative
2 
sanctions against national 
or local government officials who violate
3 
the same;
4 
j. 
Require assistance and necessary information from any government
5 
agency in the discharge of its functions under this Act;
6 
k. Publicize matters covered by its investigation of violations of the
7 
provisions of sections 6, 7, and 8 hereof or the rules and regulations
8 
issued to implement them, when circumstances so warrant and with
9 
due prudence: Provided, however, that the PGUP shall, under the
10 
rules and regulations that shall hereafter be promulgated, determine
11 
what cases may be made public: Provided, further, that any public
12 
report or press release from the PGUP shall be balanced, fair and
13 
true;
14 
I. 
Administer oaths, issue subpoenas duces tecum, and take the
15 
testimonies of witnesses in the course of its investigation;
16 
m. Adopt its own operational guidelines and rules of procedures, as well
17 
as rules and regulations not otherwise inconsistent with existing laws,
18 
rules and regulations, to effectively carry out its mandate; and
19 
n. Perform such other functions as may hereafter be provided by law.
20 
The PGUP shall designate additional personnel to carry out its mandate.
21 
Sec. 13. Penalty fo r Violation. -  Any person who violates sections 6, 7,
22 
and 8 hereof shall be imposed the penalty of not less than six (6) months but not
23 
more than six (6) years of imprisonment or a fine of not less than twenty-five
24 
thousand pesos (25,000.00) but not more than one hundred thousand pesos
25 
(100,000.00), or both, at the discretion of the court: Provided, that, if the offender is
26 
a corporation, partnership, association, or the government-owned or controlled
27 
corporation, or other juridical entity, the penalty shall be imposed on the officer or
28 
officers of said corporation, partnership, association, government entity, or juridical
29 
entity who caused the violation.
30 
Sec. 14. Appropriations. - The amount necessary to carry out the purpose
31 
of this Act shall be included in the annual budget of implementing agencies in the
32 
General Appropriations Act of the year following its enactment into law and every
33 
year thereafter.
34 
Sec. 15. Im plem enting Rules and Regulations. Within one hundred
35 
twenty (120) days from the effectivity of this Act, the Department of Human
36 
Settlements and Urban Development, Department 
of the Interior 
and Local
12


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Government, and Presidential Commission for the Urban Poor shall, in consultation
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with non-government organizations, people's organizations, informal settler families
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and their organizations, and the private sector, jointly promulgate the rules and
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regulations implementing the provisions of this Act.
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Sec. 16. Separability Clause. If any provision of this Act is declared
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unconstitutional, the remainder of this Act or any provision not affected thereby shall
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remain in full force and effect.
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Sec. 17. Repealing Clause. All laws, executive orders, presidential decrees,
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proclamations, rules, regulations, issuances, and enactments or parts thereof
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inconsistent with this Act are hereby repealed or modified accordingly.
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Sec. 18. Effectivity. This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
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Approved,
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