Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

% HOUSE BILL NO. 5266

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

Section 10, Article XIII of the 1987 Constitution provides that “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.”

Pursuant to this constitutional mandate, Section 28 of Republic Act (RA) No.
7279, otherwise known as “Urban Development and Housing Act (UDHA) of 1992,”
stresses that eviction or demolition as a practice shall be discouraged and that
certain requirements must first be complied prior to the dismantling of houses and
eviction of affected families. Eviction or demolition may only be allowed (a) when
persons or entities occupy danger areas, (b) when government infrastructure
projects with available funding are about to be implemented, or (c) when there is a
court order for eviction and demolition.

Despite the provisions in the Constitution and the UDHA, violence still
erupts during the conduct of evictions and demolitions of informal settler families
(ISFs), leading to instances of severe injuries, and sometimes, loss of lives, not only
among the ranks of policemen and demolition teams, but especially among the poor
and vulnerable dwellers. Moreover, these instances of violence get publicized, not
only in the local and national mass and social media, but also in the international
press, putting the country’s reputation as signatory to various human rights
covenants and agreements in a negative light.

On 02 May 2012, then Department of Interior and Local Government (DILG)
Secretary Jesse M. Robredo issued a letter to the Philippine National Police (PNP),
directing Chief PNP Nicanor Bartolome that in order to prevent violence from
erupting during evictions and demolitions, a protocol must be strictly observed,
including the conduct of a pre-demolition conference (PDC). On the same day,


Secretary Robredo wrote Philippine Commission on Urban Poor (PCUP) Chairman
Hernani B. Panganiban, requesting assistance with regard to his directives and
indicated the role of PCUP in the implementation of the same.

APDC must be called upon to coordinate the various stakeholders, including
government agencies tasked to provide the basic needs of the ISFs, to ensure that all
forms of aggressions related to demolition and eviction are reduced, if not
eliminated. Subscribing to the practice of peaceful dialogues guarantees an inclusive
process that brings together the conflicting opinions of the stakeholders, focusing on
finding just and sustainable solutions.

This measure aims to institutionalize the conduct of a pre-demolition
conference or a consultation among all stakeholders. This also aims to strengthen the
safeguards already provided for under Section 28 of the UDHA. This measure aims
to institutionalize one of Secretary Robredo’s legacies.

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

| Shiba


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
Second Regular Session

5266

HOUSE BILL NO, __*

Introduced by REP, JOSE CHRISTOPHER Y, BELMONTE

AN ACT PRESCRIBING A MANDATORY PROCEDURE IN THE CONDUCT OF
DISMANTLING OR EVICTION ACTIVITIES AFFECTING THE
UNDERPRIVILEDGED AND HOMELESS FAMILIES

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

SECTION 1. Short Title. This Act shall be known as “Mandatory Procedure in
the Conduct of Dismantling or Eviction Activities Affecting the Underprivileged and
Homeless Families.”

SEC. 2. Declaration of Policy. The State recognizes the inherent right in
promoting a just and dynamic social order that will ensure social services for the
people through policies that provide improved quality of life for all. The State
discouraged dismantling or eviction as a practice, however, it is being allowed in
instances stated in existing laws, and shall ensure measures to guarantee that
violence is prevented, and that coordination, as well as cooperation of various
stakeholders and Local Government Units (LGUs) is undertaken that in the conduct
of dismantling or eviction is done in a just and humane manner.

SEC. 3. Minimum Mandatory Procedure in the Conduct of Dismantling or
Eviction Activities Affecting the Underprivileged and Homeless Families. In
addition to the safeguards provided for in Section 28, Republic Act (RA) No. 7279,
otherwise known as the Urban Development and Housing Act of 1992, the
minimum mandatory procedure shall be observed in the conduct of dismantling or
eviction activities involving the underprivileged and homeless families:


a. No police assistance shall be rendered nor police personnel be deployed to
the dismantling or eviction area unless an exhaustive consultation has been
completed; and,

b. The consultation process and the procedures for proper dismantling or
eviction as set forth under Section 28 of RA No. 7279 must be complied with,
including the requirement for the Philippine National Police (PNP) personnel
deployed to wear proper uniforms and to observe proper disturbance control
procedures during the execution of dismantling or eviction order from the
court or LGUs or government agency authorized to dismantle or evict,

SEC. 4. Pre-Demolition Conference. A consultation in a form of a conference
must be conducted and the same shall be complied with under the following
conditions:

a. The local PNP designated as a full-time staff or personnel in charge of
dismantling or eviction activities involving underprivileged and homeless
families must actively participate in the consultation process as defined under
RA No. 7279 and their role must be clearly set forth;

b. The following agencies must be represented during the Pre-Demolition
Conference - the Department in the Interior and Local Government (DILG),
the Department of Social Welfare and Development (DSWD) the Department
of Education (DepEd), the Department of Public Works and Highways
(DPWH), the National Housing Authority (NHA), the Presidential
Commission for the Urban Poor (PCUP), the Commission on Human Rights
(CHR), the LGUs authorized to dismantle or evict and various government
agencies;

c. The Pre-Demolition Conference shall be presided by PCUP, which may call
on the assistance of other agencies whenever necessary under the
circumstances;

d. The details of the conference must be documented or recorded, summarizing
the points of the agreements and disagreements arrived at, and copies of
these must be provided to all the stakeholders present; and,

e. The Pre-Demolition Conference must be conducted not later than seventy-two
(72) hours prior to the intended date or dismantling or eviction and in no case
shalll the conference be held within the same prescriptive period.

SEC. 5. Promulgation of Rules and Regulations. The PCUP together with
various government agencies shall promulgate the necessary rules and regulations
for the orderly enforcement of this Act within sixty (60) days from its approval.

SEC. 6. Penalties. Any person who shall be found liable for violating any
provision of this Act shall be administratively sanctioned; provided that in cases
where the act or omission constitute an offense penalized under the Revised Penal



Code, or any special law, such act shall be considered as special aggravating
circumstance in the application of the appropriate penalties.

SEC. 7. Separability Clause, In the event that any provision of this Act is
declared unconstitutional, the provision not so affected shall continue to be valid

and enforceable.

SEC. 8. Effectivity. This Act shall take effect after its complete publication in
the Official Gazette or at least two (2) newspaper of general circulation.

Approved,