RRepuvic oF He Friippines,
House of Representatives
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4 B71

Introduced by HONORABLE ERNESTO “ERNIX” M. DIONISIO, JR.

Natural disasters are inevitable and uncontrollable. The Philippines being an
archipelago and due to its geographical location is prone to tropical cyclones’.
Annually, there are 20 major storms that hit the Philippines.

One of the historical and most notorious tropical cyciones that hit the Philippines.
was Typhoon Haiyan or locally known as typhoon Yolanda that hit Eastern Samar on
November 7, 2013. It was reported to be the deadliest typhoon that hit the Philippines.
According to reports, over 14 million people were affected by Yolanda across 46
provinces. Further, reportedly, there were 550,000 houses destroyed and around
580,000 houses were severely damaged. Th nilippines reporied
rat inere were more wan 6,2U 1 Geains brought avoUL vy TOLAHGa?.

Recently, Typhoon Rai or locally known as Odette brought rains, violent winds,
landslides and storm surges in the provinces in Visayas and Mindanao. The reports
0 14.947,

The effects of these disastrous tropical cyclones are not limited to loss of
property or worse loss of life, another effect of a tropical cyclone is the loss of income.
uch as business are disrupted and flow of income is also
cuenended. Minimum wane eornere or email hucinace quinare are fared with the
problem as to how to eam money. Regardless of these circumstances, unfortunately,
rentals, expenses for food, utilities and other expenditures are not suspended.

1 About Tropical Cyclones, Available at hitps:/www.pagasa dost gov.ph/information/about-tropical-
guclone last accassed Sentamber 10, 70771

on Farts and Figures at https:/www.dec.org.uk/article/philippines-typhoon-facis-
a rot fiqures (act arcacead Santamher 19.9999)

3 Super Typhoon Rai (Odette) at https:/waw_unher.ora/phityphoon-rai-odette (last seressed
Jar 10, 90993



During these trying times, the people who are affected by the disastrous natural
calamities must be afforded aid and support by the government. The government can
help them by providing a moratorium with regard to the payment of costs relating to
rentals during the duration of a national or local state of calamity or emergency.
Further, this moratorium may also apply to commercial rentals with regard to small
business.

Itis the duty of the State to protect and give aid to those who are in great need.
At the rate of how many calamities occur in the Philippines, the immediate approval

A

C Ae (OCS
(RNESTO “ERNIX” M. DIONISIO, JR.
Assistant Majority Floor Leader

Congressman
First Congressional District of Manila



Repuviie of we Prippines:
House of Representatives
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4671

Introduced by HONORABLE ERNESTO “ERNIX” M. DiONISIO, JR.

DURING DISASTERS AND OTHER EMERGENCIES

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 “Rental Payment and
Eviction Moratorium during Disasters and Emergencies Act.”

SECTION 2. Declaration of Policy. - In the interest of promoting the common
good and the general welfare, it is hereby declared the policy of the State to provide
adequate relief and protection to those suffering from the ravages of calamities and
other emergency situations.

SECTION 3. Definition of Terms. - For purposes of this Act, these terms are
defined as follows.

a. “Disaster” refers to a serious disruption of the functioning of a community or a
society involving widespread human, material, economic or environmental
losses and impacts, which exceeds the ability of the affected community or
society to cope using its own resources. Disasters are often described as a
result of the combination of: the exposure to a hazard: the conditions of
vulnerability that are present; and insufficient capacity or measures to reduce
or cope with the potential negative consequences. Disaster impacts may
include loss of life, injury, disease and other negative effects on human,
physical, mental and social well-being, together with damage to property,
desivuction of asseis, ioss of services, social and economic disruption and
environmental aegragauon,

b. “Emergency” refers to unforeseen or sudden occurrence, especially danger,
demanding immediate action;



c. “State of Calamity’ refers to a condition involving mass casualty and/or major
damages to property, disruption of means of livelihoods, roads and normal way
of life of people in the affected areas as a result of the occurrence of natural or
human-induced hazard.

d. “Rent’ refers to the amount paid for the use or occupancy of a residential unit
whether payment is made on a monthly or other basis.

e. “Residential unit’ refers to an apartment, house and/or land on which another's
dwelling is located and used for residential purposes and shall include not only
building houses, dormitories, rooms and bed spaces offered for rent by their

oO , Dui aiso those used

jor nome ingusuies, retail lores OF OINer DUSINeSS Purposes II We Owner
thereof and his or her family actually live therein and use it principally for

dwelling purposes.
“Lessee” refers to the person renting a residential unit.

h. “Sublessor” refers to the person who leases or rents out a residential unit
leased to him by an owner.

i. “Sublessee” refers to the person who holds a lease which was given to another
person for all or part of a property.

SECTION 4. Scope of Application. - This Act shall cover disasters and other
kinds of emergencies which are (1) national in scope, as declared through a State of
Calamity or State of National Emergency by the President of the Philippines, and (20
provincial, city or municipal in scope, as declared through a State of Calamity or
Emergency by the appropriate local government untt.

SECTION 5. Moratorium on Rental Payments. - There shall be a moratorium
‘on the enforcement of payment of all fees, charges, and costs relating to the rental of
residential units, whether in a lease or sublease arrangement and whether reduced in
a written form or not, for the duration of the State of Calamity or Emergency mentioned
in Section 4 of this Act and for thirty (30) days from the termination of said State of
Calamity of Emergency; Provided, that if the covered period exceed a total of sixty
(600 days, the payment of the deferred fees, charges and costs shall be spread out
for a six-month period of equal installments; Provided further, That no penalties or
interests shall be collected on the payments by virtue of this Act.

Tne pene oF is moratonum on rental payment may ve applied wo Commercial
or office space rental of Micro, Smaii and Medium Enterprises (MSMEs), ai the
discretion of the Secretary of the Department of Trade and Industry (DT!), taking into
consideration the fact of closure/shutting down of businesses, community quarantine

Nothing in this Act shall prevent the contractual parties from mutually agreeing
on other forms of payment relief or assistance, or from voluntarily waiving the benefit
of the moratorium on rental payments.

SECTION 6. Moratorium on Eviction. - During the same period stated in
‘Section 5 of this Act, the lessor, sublessor or owner of a residential unit may not make,
or cause to be made, any eviction or similar legal proceeding to recover possession


of the residential unit from the lessee/sublessee regardless of cause, except when a
lessee/sublessee perpetrates a criminal act that threatens the life, limb and property
of the lessor, sublessor or owner, or his/her immediate family, other tenants or staff of
the property in which the residential unit is located.

The benefit of this moratorium on eviction may be applied to commercial or
office space rental of Micro, Small and Medium Enterprises (MSMEs), at the discretion
of the Secretary of the Department of Trade and Industry (DTI), taking into
consideration the fact of closure/shutting down of businesses, community quarantine
. oF any other circumstance tt pei

SECTION 7. Implementing Rules and Regulations. - Within sixty (60) days
from the effectivity of this Act, the Department of Trade and Industry (DT!) and the
Department of Human Settlements and Urban Development, in consultation with other
relevant government agencies and stakeholders, shall issue the necessary rules and
regulations to implement the provisions of this Act.

SECTION 8. Repealing Clause. - All laws, presidential decrees, executive
orders, proclamations, rules and regulations, or any part thereof, which are
inconsistent with the provisions of this Act are hereby repealed or modified
accordingly.

SECTION 9. Separability Clause. - If any provision or part of this Act, or the
application thereof to any person or circumstance, is held unconstitutional or invalid,
the remainder of this Act shall not be affected thereby.

SECTION 16. E (
rom its publication in tne Uriicial Gazeue or in al east wo (Z) Newspaper of generat
circuiation.