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Republic of the Philippines ” RECEIVED 3"
House of Representatives
Quezon City, Meteo Manis

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 5402

INTRODUCED BY
REP. ALFRED VARGAS

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

EXPLANATORY NOTE

‘The State has the mandate and responsibility to implement a land and
housing reform program and to protect the rights of urban and rural poor
tenants as 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 centers and resettlement
areas. It shall also promote adequate employments of such
programs that the Senate 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, Republic Act No. 7279 or the “Urban Development and Housing
Act of 1992” was enacted into law. However, current laws and policies on
housing lack the emphasis on providing proper enforcement of a just and
humane code of conduct for the resettlement of informal settler families
(ISFs). Opportunities for proper resettlement are often replaced by violent
dispersals and displacements without due recognition of the rights of the
underprivileged, the homeless, and the poor.

This bill seeks to prescribe a just and humane code of conduct for the
resettlement of underprivileged and homeless citizens, and to prohibit
unjust eviction of informal settler families or demolition of the structures
they live in or any appurtenance thereto.

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

ALFRED VARGAS


Republic of the Philippines
House of Representatives
@urzon City, Meteo AMlaila
EIGHTEENTH CONGRESS
First Regular Session

House Bill No. S402

INTRODUCED BY
REP. ALFRED VARGAS

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

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 “Just and
Human 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 II of the
Constitution, the State shall neither evict nor demolish informal settler
families, except in accordance with law, 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 decent housing and basic services
at affordable cost 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 the 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:

1) 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;

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

3) 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
options;

4) 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
transgender persons (LGBT);


5) 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

‘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.

6)

. 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;

2) Danger areas;

3) Areas for government infrastructure projects;

4) Protected or forest areas, except for indigenous peoples;

5) 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 of 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 ISFs 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 shall apply 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

1) Conduct of social preparation activities related to asset reform,
human development and basic services, employment, and
livelihood, and other programs of the government for both the
affected underprivileged and homeless citizens and the affected


2)

3)

families of the place where the former will be relocated.
Provided, that, separate social preparation activities shall be
conducted on matters relating to the promotion and protection
of their right to development, survival, protection and
participation for children of both communities.

Notice served 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:

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

ii. 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);

f. 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;

. 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.

poe

greece

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.

iii.

‘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 clear procedures that will be
implemented during the eviction or demolition in order 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;


vi. 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

vii. 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.

4) Submission to the Barangay Officials, before any eviction or
demolition, of the following:

i. 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.

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

2) Presence of local government officials or their representatives
during eviction or demolition;

3) Proper identification of alll persons taking part in the demolition;

4) Execution of eviction or demolition only during regular office

hours from Mondays to Fridays and only 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;

6) Proper uniforms and identification shall be worn by members of
the Philippine National Police who shall occupy the first line of
law enforcement and observe proper disturbance control

5


7

8)

9)

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;

Observance of a minimum standard of conduct - based on rules
of engagement - that applies 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 shall be
made available to any complaining party; and

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

c. After Eviction or Demolition

2)

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 the assistance 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. Enforcement of Mandatory Provisions. - 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. The Department of
Interior and Local Government and the Department of Human Settlements
and Urban Development shall jointly promulgate the necessary rules and
regulations to carry out the immediately preceding section.

SECTION 9. Prohibiting Illegal Perimeter Fences. - \t shall be prohibited
for any person to secure 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 10. 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 11. Functions of Central Coordinating Body. - The PCUP shall
exercise the following functions:

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

b. Require any government agency or local government unit proposing to
undertake the eviction or demolition activities to first secure 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 on
eviction or demolition for the national and local projects, respectively,
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:

1) Adequate and genuine consultation with the affected families
has already been undertaken;

2) Adequate resettlement site and relocation facilities are available;
and

3) The pre-relocation requirements have been complied with;


c. 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;

d. 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;

e. Initiate, in coordination with relevant government agencies, the
formulation of rules of engagement in the implementation of eviction
or demolition activities which are based on maximum tolerance and
on the principles of necessity and proportionality;

f, 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;

g. 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;

h. 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;

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

j. Require assistance and necessary information from any government
agency in the discharge of its functions under this Act;


k. 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 release from the PCUP shall be balanced, fair and true;

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

m. 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

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

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

SECTION 12. 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 (PhP25,000.00) but not more than One
Hundred Thousand Pesos (PhP100,000.00), or both, at the discretion of the
court: Provided, that, if the offender is a corporation, partnership,
association, or a 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 13. 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 14. 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 15. 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 16. 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 17. Effectivity. — This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general

circulation.

Approved,