Republic of the Philippines

House of Representatives a
Quezon City “CEI
Betocr2
SEVENTEENTH CONGRESS NTE!
First Regular Session TE:

8:

House Bit no.4243 <y

# mney ©

Introduced by Congressman ALFRED VARGAS

EXPLANATORY NOTE

The responsibility of the State to implement a 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.

Families 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. As a 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.

ALFRED VARGAS


Republic of the Philippines
House of Representatives
Quezon City

SEVENTEENTH CONGRESS
FirstRegular Session

HOUSE BILL NO. Aelia

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.”

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:

"(w) x xx; [and]

‘onal 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, AN 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 NON-
GOVERNMENTAL 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:

“ (1) 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 with the 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.";

(0) 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 RECIPIENT 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..mplementing 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 ISFs 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 in a newspaper of general circulation.

Approved,