Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

6542

HOUSE BILL NO.

Introduced by Hon. John Marvin “Yul Servo” C. Nieto, Hon. Edward Vera
Perez Maceda, Hon. Dale “Along” R. Malapitan, Hon. Eric M. Martinez, and
Hon. Rolando M. Valeriano

Sections 9 and 10 of Article XIII of our Constitution states:

“SECTION 9. The State shall, by law, and for the common good, undertake,
in cooperation with the public 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 resettlements areas. It shall also promote adequate
employment opportunities to such citizens. In the implementation of such
program the State shall respect the rights of small property owners.

SECTION 10. Urban or 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
relocated.”

Despite the several measures being implemented by the government in the
present and in the past, there is still rampant poverty in the country. Our country
still has one of the highest concentrations of urban poor in the East Asia Pacific
regions. This is further evidenced by the growing presence of many Informal
Settler Families (ISFs) in various parts of Metro Manila with some even residing
near danger and hazard areas.


Resettlement of these families has always been the mission of various LGUs and
government agencies, but over the years, many resettlements have proved to be
ineffective or unsuccessful.

These families have the right to an adequate home, which every Filipino family
deserves. Any resettlement of the urban poor must be just and humane in order to
protect and uphold their human rights.

This measure seeks to protect the rights of informal settler families in the country
through a just and humane code of conduct for their resettlement. This act also
seeks to prohibit unjust evictions and demolitions of their domicile. This
representation firmly believes in upholding and protecting the right of every
Filipino family, especially the vulnerable and the marginalized.

In view of the foregoing, the immediate approval of this measure is earnestly
sought.

folando M. Valeriano


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HouSE BILLNo. ©2942

Introduced by Hon. John Marvin “Yul Servo” C. Nieto, Hon. Edward Vera
Perez Maceda, Hon. Dale “Along” R. Malapitan, Hon. Eric M. Martinez, and
Hon. Rolando M. Valeriano

AN ACT PRESCRIBING AJUST AND HUMANE CODE OF CONDUCT FOR THE
RESETTLEMENTOF UNDERPRIVILEGED AND HOMELESS CITIZENS,
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND APPROPRIATING
FUNDS THEREFOR

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

SECTION 1. Short Title: This act shall be known as the “JUST AND HUMANE
RESETTLEMENT ACT”,

SECTION 2. Declaration of Policy. - Pursuant to Section 9, Article XIII of the
Constitution, the State shall ensure that underprivileged and homeless citizens
have access to adequate, safe, secure, habitable, sustainable, resilient and
affordable housing.

Pursuant to Section 10, Article XIII and Section 10, Article Ilof the Constitution,
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.

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 at affordable cost, decent housing and basic services to
underprivileged and homeless citizens in urban centers and resettlement areas.


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 at affordable cost, decent housing and basic services to
underprivileged and homeless citizens in urban centers and resettlement areas.

In addition, the State shall encourage on-site development in the implementation
of housing programs and shall promote the creation of new settlements and
development of sustainable urban renewal programs while guaranteeing the
preservation of agricultural lands necessary for food security.

The State shall encourage 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.

SECTION 3. Definition of Terms. - As used in this Act, the following terms are
defined as follows:

a. Adequate and Genuine Consultation. - refers to the constitutionally
mandated process whereby the public, on their own or through people's
organizations, is provided an opportunity to be heard and to participate in
the decision making process on matters involving the protection and
promotion of its legitimate collective interest, which shall include the
following:

a. Effective dissemination and full access, to the public, of relevant
information, plans and documents, including but not limited to land
records, housing budgets, the proposed plan or project, alternative
housing options, technical studies, and comprehensive resettlement
plans;

b. Reasonable time, which shall not be less than thirty (30) days, for the
public to review, comment and object to the plans and studies;

c. Provision by the government or non-government organizations of
legal, technical, and other appropriate advice to affected persons,
households, and/or organizations on their rights and option;


d. Separate sessions of open and public consultations with affected
households in general and affected subsectors in particular, including
but not limited to women, children, youth, senior citizens, persons with
disabilities (PWDs), workers, farmers, fisherfolk, and lesbians, gays,
bisexuals, and transgenders (LGBT);

e. 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

f. The conclusion of any mediation, arbitration, or adjudication
proceedings by an independent body vested with constitutional
authority such as a court of law, when appropriate and availed of, in
case no agreement is reached on the proposals of the concerned
parties.

. 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.

. Demolition - Refers to the dismantling by the LGU, or any legally authorized
agency of government, of all structures within the premises subject for
clearing.

|. Eviction - Refers to the removal of persons and their belongings from a
subject building/structure or area, or both, in accordance with law.

. 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.

. 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;

. Danger areas;

. Areas for government infrastructure projects;

. Protected or forest areas, except for indigenous peoples;

abhwWwn

. 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
project site is proposed to be located, including architecture and engineering
house design, community health, sanitation and security plans, as well as
nonphysical development components such as self-help development,
capability building, and a system of allocation of socialized housing units.
The formulation and the resulting plan should promote and protect the
welfare of women, children, persons with disabilities, and senior citizens.

h. Social Preparation - Refers to the series of activities designed to prepare the
affected ISF to cope with the changes brought about by government
infrastructure or development projects and to encourage them to actively
participate and prepare their societal, community and personal
responsibilities in their quest for tenurial security, human development and
basic services, employment and livelihood and other government programs
for the ISF.

Section 4. Coverage. - This law shallapply in all cases of demolition or eviction,
whether undertaken by the government or private individuals or entities, and
whether ordered by the courts or otherwise.


Section 5. Policy on Eviction and Demolition. - As a general rule, any eviction
of informal settler families or demolition of the structures they live in or any
appurtenance thereto shall be prohibited.

Section 6. Exceptions. - Eviction of informal settler families or demolition of the
structures they live in or any appurtenance thereto shall be allowed only in the
following exceptional cases:

a. When ISFs occupy a danger area, such as esteros, railroad tracks, garbage
dumps, riverbanks, shorelines, waterways, and other public places such as
sidewalks, roads, parks, and playgrounds,or a high risk area which poses a
high level of threat to public welfare and safety that cannot be addressed
through or remedied by scientific, physical and engineering methods and,
thereby, is unsuitable for settlement and permanent structures: Provided,
that an area can only be declared as a danger area or high risk area through
an appropriate technical study, adequate and genuine public consultation
with the affected persons or entities, and certification by the appropriate
government agency. It shall be the duty of the province and the city or
municipality, after one hundred twenty (120) days from the effectivity of this
Act, to conduct the technical studies and public consultations necessary to
identify all danger and high risk areas within their respective jurisdictions.

b. When government infrastructure projects with available funding are about to
be implemented: Provided, that evictions or displacements of population due
to any development project or business venture involving the government
should be avoided or minimized:Provided, further, that if eviction is
unavoidable under the circumstances, the government shall conduct a
comprehensive and holistic impact assessment, before the project is
implemented, to determine whether the project will serve the public interest
and to explore alternatives and strategies to minimize harm and further
violation of human rights of the affected communities, particularly children,
women and other marginalized groups: Provided,finally, that the agency
which seeks to implement the eviction or demolition shall establish the
budget pertaining to it upon its application to the Presidential Commission


for the Urban Poor for an eviction or demolition certificate of compliance;

and

c. When there is a court order for eviction and demolition: Provided, however,

that no execution of eviction or demolition order shall proceed and be carried

out during the pendency of an appeal, notwithstanding the failure to file a
supersedeas bond to stay the execution of the order if the appellant is an

underprivileged and homeless citizen.

Section 7. Mandatory Requirements Before, During and After the Conduct

of Eviction or Demolition. - No eviction or demolition involving ISFs shall be

executed without full compliance with the following mandatory requirements to

uphold human dignity and prevent any violation of human rights:

A. Before Eviction or Demolition

Il.

Il.

Conduct of social preparation activities related to asset reform,
human development an basic services, employment and livelihood,
and other programs of the government for both the affected
underprivileged and homeless citizens and the affected families of
the place where the former will be relocated. Provided, that,
separate social preparation activities for children of both
communities on matters relating to the promotion and protection of
their right to development, survival, protection and participation
shall be conducted.

Notice upon the affected persons or entities at least thirty (30) days
prior to the date of eviction or demolition;

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:

The local Philippine National Police Personnel, whose function is
to provide law enforcement and civil disturbance contro! 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;

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);
The National Housing Authority (NHA);
. The Department of Health (DOH);
. The Presidential Commission for the Urban Poor (PCUP);
The Commission on Human Rights (CHR);
The Philippine Commission on Women (PCW);
. The Council for the Welfare of Children (CWC);
|. Appropriate Key Shelter Agencies;

st oh

ee

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.

vi.

vii.

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;

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;

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;

The inter-agency pre-eviction or pre-demolition conference with
the affected underprivileged and homeless citizens shall be
conducted after seven (7) days from service of notice of eviction
or demolition upon the affected persons and entities; and

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.

IV. Submission to the Barangay Officials, before any eviction or
demolition, of the following:

fy 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.

Wl.
Iv.

VI.

Reading of the plan of eviction or demolition agreed upon during the
inter-agency pre-eviction or pre-demolition conference;

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;

No use of heavy equipment for demolition except for structures that
are permanent and made of concrete materials;

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.

VII.

Ix.

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;

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 anycomplaining party shall
be available; and

Transparency in all stages of the eviction or demolition
process,allowing the media to cover the whole event.

C. After Eviction or Demolition

Il.

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 theassistance 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 by the local government unit concerned: Provided,
further, that the financial assistance shall not replace the requirement
of adequate relocation; and

Immediately after the eviction, all relief measures, medical facilities,
psychosocial services, documentation of evictees to prevent
displacement or family separation and similar assistance shall be put in
place by the local government units concerned in partnership with
relevant government agencies.


Section 8. Observance of the above requirements shall be mandatory in all
cases involving the eviction and demolition of underprivileged and homeless
citizens and ISFs, regardless of whether or not their dwellings or residential
structures were constructed before or after the effectivity of this Act.

SECTION 9. The Department of Interior and Local Government and the
Department of Human Settlements and Urban Developmentshall jointly
promulgate the necessary rules and regulations to carry out the immediately
preceding section.

SECTION 10. It shall be prohibited for any person tosecure or build a
perimeter fence on an area or property inhabited by underprivileged and
homeless citizens after the same is razed to the ground by a fire or ruined
by a natural calamity: Provided, that the fencing of the of the property shall
be allowed if the person causing the fencing can show a duly-signed court
order allowing the same.

SECTION 11. Designation of a Central Coordinating Body for Eviction,
Demolition and Resettlement. - The Presidential Commission for the
Urban Poor (PCUP) is hereby designated as the Central Coordinating Body
for the conduct of eviction and demolition activities involving underprivileged
and homeless citizens.

SECTION 12. Functions of Central Coordinating Body: The PCUP shall
exercise the following functions:

1. Monitor all evictions and demolitions, whether extrajudicial or court-
ordered, involving underprivileged and homeless citizens;

2. Require a government agency or local government unit proposing to
undertake the eviction or demolition activities to secure first from the
PCUP Central Office, in the case of national projects, or from its
regional office in case of local projects, the checklist and guidelines for
the national and local projects, respectively, on eviction or demolition
prior to the actual implementation thereof and, subsequently, to
submit to the PCUP the completed checklist, attested to under oath by
the proponent, indicating that:


a. Adequate and genuine consultation with the affected families
have already been undertaken;

b. Adequate resettlement site and relocation facilities are available;
and

c. The pre-relocation requirements have been complied with;

. 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;

. 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;

. 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;

. 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;

. 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;


8. 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;

9. Recommend to the President appropriate measures for the
implementation and enforcement of this Actand the rules and
regulations issued to implement it, including possible administrative
sanctions against national or local government officials who violate the

same;

10. Require assistance and necessary information from any
government agency in the discharge of itsfunctions under this Act;

11. Publicize matters covered by its investigation of violations of the
provisions of sections 6, 7, and 8 hereof or the rules and regulations
issued to implement them, when circumstances so warrant and with
due prudence: Provided, however, that the PCUP shall, under the rules
and regulations that shall hereafter be promulgated, determine what
cases may be made public: Provided, further, that any public report or
press releasefromthe PCUP shall be balanced, fair and true;

12. Administer oaths, issue subpoenas duces tecum, and take the
testimonies of witnesses in the course of its investigation;

13. Adopt its own operational guidelines and rules of procedures, as
well as rules and regulations not otherwise inconsistent with existing
laws, rules and regulations, to effectively carry out its mandate; and

14. Perform such other functions as may hereafter be provided by
law.

The PCUP shall designate additional personnel to carry out its mandate.


Section 13. Penalty for Violation. - Any person who violates sections 6, 7, and
8 hereof shall be imposed the penalty of not less than six (6) months but not more
than six (6) years of imprisonment or a fine of not less than twenty-five thousand
pesos (25,000.00) but not more than one hundred thousand pesos (100,000.00),
or both, at the discretion of the court: Provided, that, if the offender is a
corporation, partnership, association, or the government-owned or controlled
corporation, or other juridical entity, the penalty shall be imposed on the officer or
officers of said corporation, partnership, association, government entity, or
juridical entity who caused the violation.

SECTION 14. Appropriations. - The amount necessary to carry out the purpose
of this Act shall be included in the annual budget of implementing agencies in the
General Appropriations Act of the year following its enactment into law and every
year thereafter.

SECTION 15. Implementing Rules and Regulations. - Within one hundred
twenty (120) days from the effectivity of this Act, the Department of Human
Settlements and Urban Development, Department of the Interior and Local
Government, and Presidential Commission for the Urban Poor shall, in consultation
with non-government organizations, people's organizations, informal settler
families and their organizations, and the private sector, jointly promulgate the
rules and regulations implementing the provisions of this Act.

SECTION 16. Separability Clause. - If any provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby
shall remain in full force and effect.

SECTION 17. Repealing Clause. - All laws, executive orders, presidential
decrees, proclamations, rules, regulations, issuances, and enactments or parts

thereof inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 18. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,