HOUSE OF REPRESENTATIVES
RECEIVED

Republic of the Philippines . 14d
HOUSE OF RERPESENTATIV! DATE: L 2015

Quezon City TINE: BEN
BY:
SEVENTEENTH CONGRESS
First Regular Session seomonunrr
House Bill No. 1613 ND iNDEX SERVICE

Introduced by AKBAYAN Representative Tomasito §, Villarin

EXPLANATORY NOTE

Article XIII (Social Justice and Human Rights) of the 1987 Philippine
Constitution provides that:

“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.”

Responding to this social justice command, Congress passed Republic Act
No. 7279, otherwise known as the “Urban Development and Housing Act of
1992.” On March 24, 1992, RA 7279 was approved into law. The law
prescribes the coverage of socialized housing, mandates the formulation of a
national urban development and housing framework, requires local
governments to conduct an inventory on all lands within their territorial
jurisdictions, and provides for an overall framework for a continuing and
‘comprehensive urban development and housing program in the country.

‘Twenty-four (24) years has passed since the law was passed. However, more
than two (2) decades of its implementation, underprivileged and homeless
citizens has yet to be provided with affordable and decent housing and basic
services.


Figures from the Housing and Urban Development Coordinating Council
(HUDCC) reveal a national housing backlog of 3,756,072 in 2011. This
figure translates to more than 3.7 million families with no houses or secure
dwellings.

The housing backlog is still steadily rising because of the rapidly increasing
population and the swelling of migrants to urban centers.

To remedy this trend, there is a need to strengthen the government’s
housing program. Under this proposed measure, adoption of an “on-site, in-
city, near-city” resettlement policy primary role is given to “People’s Plan”,
which provides covered citizens greater participation and ownership of the
State’s housing program.

Furthermore, under this proposed bill, the issue of employment, market for
micro-enterprises and basic services for the informal settler families are also
addressed.

This legislative proposal was filed by Akbayan’s representatives during the
16% Congress. It was approved on 3" reading as House Bill No. 5144.
However, due to time constraints the bill was not enac

Pa
TOMASITO S. VILLARIN


Republic of the Philippines
HOUSE OF RERPESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session
1613

House Bill No.

Introduced by AKBAYAN Representative Tomasito S. Villarin

AN ACT
ESTABLISHING AN ON-SITE, IN-CITY OR NEAR CITY RESETTLEMENT
PROGRAM FOR INFORMAL SETTLER FAMILIES IN ACCORDANCE WITH
A PEOPLE’S PLAN AND MANDATING RELOCATING LOCAL
GOVERNMENT UNITS TO PROVIDE OTHER BASIC SERVICES AND
LIVELIHOOD COMPONENTS IN FAVOR OF THE RECEPIENT LOCAL
GOVERNMENT UNIT, 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:

Sox

“w) xx 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[ . ] 5


“(¥Y) ‘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
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 TO 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’ REFERS TO:


“(1) RESIDENTIAL AREAS WHERE HOUSING UNITS HAVE
BEEN CONSTRUCTED BY SETTLERS ON LAND WHICH THEY
OCCUPY ILLEGALY; 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;

“(BE) ‘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 AFFECTD 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

3


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

4


agency and the affected beneficiaries shall be conducted with the
assistance of the Presidential Commission for the Urban Poor and
the concerned _nongovernment 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 HOUSING COOPERATIVE, LIVELIHOOD,
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
4(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

5


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 dumps, 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 and facilities and access to employment and
livelihood opportunities sufficient 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

6


SECTION 21 OF THIS ACT TO THE RECEPIENT LOCAL
GOVERNMENT UNIT WHERE THE RELOCATION OR
RESETTLEMENT SITE IS LOCATED.

“THE HOUSING AND URBAN 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 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 regulations 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 Sections 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 issued 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 thereby 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,