Republic of the Philippines

House of Representatives
Quezon City, Metra Manila

15" Congress,
\* Regular Session

COMMITTEE REPORT NO. $1 4

{OMY 2011
Submited by the Cormeen Housing and Urban Development on __ "10 MAL Cut
Re: House Bill No. 4 500
Recommending its approval in substitution of House Bill Nos. 2145 and 4101
Sponsors: Representatives Valencia, Bagatsing and Calimbas-Villarosa

Mr. Speaker:

The Committee on Housing and Urban Development to which were referred House Bill No. 2145
introduced by Rep. Ma, Amelita A. Calimbas-V illarosa , entitled:

°AN ACT AMENDING REPUBLIC ACT NO. 8368, OTHERWISE KNOWN AS THE
“ANTL-SQUATTING LAW REPEAT. ACT OF 1997

and House Bill No, 4101 introduced by Rep. Amado Bagatsing, entitled:

“AN ACT TO INSTITUTE REFORMS IN THE GOVERNMENT'S DRIVE, AGAINST
PROFESSIONAL SQUATTERS AND SQUATTING RACKETE! OR SYNDICATES,
STRENGTHENING THE MECHANISMS THEREFOR, AND FOR OTHER PURPOSES";

has considered the same and recommends that the attached House Bill No._4 GS , entined:

“AN ACT INSTITUTING REFORMS IN THE GOVERNMEN!'S DRIVE AGAINST
PROFESSIONAL SQUATTERS AND SQUATTING RACKETEER/S OR SYNDICATES,
STRENGTHENING THE MECHANISMS THEREFOR, AMENDING FOR TLE PURPOSE,
REPUBLIC ACT NO. 7279, AND FOR OTHER PURPOSES”

be approved in substitution of House Bill Nos. 2145 and 4101 with Reps. Bagatsing, Calimbas-Villarosa,
Valencia, Lio, Violago, Leonen-Pizarro, Acharon, Kho, Herrera-Dy,digiammg, Sy-Alvarado, De Jesus, Padilla
and Ejercito as authors thereof.

‘Committee on Housing and Urban Development

THE HONORABLE SPFAKER,
HOUSE OF REPRESENTATIVES
QUEZON CITY


Republic of {he Phiippines
HOUSE OF REPRESENTATIVES.
Quezon City
FIFTEENTH CONGRESS
Fast Regular Session

Hovse Bill No. 4656,

Introduced by: Representatives Amado S. Bagatsing, Ma. Amelita A, Calimbas-Villarosa,
Rodolfo G. Valencia, Isidro @. lico. Joseph Gilbert F. Viokago. Catalina Leonen-Pizarro, Pedro
B. Acharon, Jr., David. L. Kho. Bemadette Herrera-Dy, aaeaemiiiiime Ma. Victoria R. Sy-
Alvarado, Emerenciana De Jesus, Carlos M. Padilla. and Joseph Victor G. Ejercito

AN ACT
INSTITUTING REFORMS IN THE GOVERNMENT'S DRIVE AGAINST FROFESSIONAL SQUATTERS AND.
SQUATTING RACKETEER/S OR SYNDICATES, STRENGTHENING THE MECHANISMS THEREFOR,

AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279, AND FOR OTHER PURPOSES

Be il enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

Section 1. Short Title. - This Act shall be known and cited as the "Anti-Frofessional
Sauatters and Squatting Racketeer/s or Syndicates Drive Reforms Act of 2011."

Sec. 2. Declaration of Policy. - It is hereby deciared the policy of the Stale to curb the:
neforious activities of professional squatters and the squatting racketeer /s or syndicates that
(rey on both the underprivileged and homeless citizens and private property owners.

Sec. 3, Statement of Objectives. - This Act is intended to reinforce the drive against
Professional squatters and squatting racketeer/s or syndicates and to strengthen the
mechanisms to effectively curtail their wicked activities, the usval victims of which are Ihe

legitimate urban poor beneficiaries.

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It also aims to provide relief to both the underpriviieged and homeless citizens and
the small private property owners whose respective have been unduly occupied.

Sec, 4. Definition of Terms. - For purposes of this Act and consistent with the provisions
of Republic Act (R.A.) No. 7279, otherwise known as the Urban and Housing Development

Act of 1992, the following terms shall mean:

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a) Professional squatters refer to individuals o groups whe occupy land without the
express consent of the jandowner and who have sufficient income for legitimate
housing: the term shall also apply to persons who have previously been awarded
hometots of housing units by the govemment but who sold, leased or transfered
the same to settle illegally in the same place or in another urban area; and to
non-bona fide occupants and intruders of lands reserved for socialized housing:
Provided, That the term shall not apply to individuals or groups who simply rent
land and housing from professional squatters or squatting syndicates:

b] Resettlement areas reier to areas identified by the appropriate national agency
of by the local government uni wilh respect to creas within ifs jurisdiction, which
shall be used for the relocation of the underprivileged and homeless cilizens:

) Small properly owners refer to those whose only real property consists of
residential lands not exceeding three hundred square meters {300 sq.m) in highly
urbanized cities and eight hundred square meters (€00 sq.m} in other urban areas:

d} Socialized housing refers to housing programs and projects covering houses ond
lots or homelots only undertaken by the govemment or the private sector for the
undesprivileged and homeless citizens which shall include sites and services
development, long-term financing, liberalized terms on interest payments. and
such other benefits in accordance with the provisions of this Act;

e} Underprivileged and homeless citizens refer to the beneficiaries of this Act and to
individuals or families residing in urban and urpanizable areas whose income or
combined household income falls within the poverty threshold as defined by Ihe

National Economic and Development Authority and who do not own housing

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facies. These shall include those who live in makeshift dwelling units and do not
enjoy security of tenure.
Sec. 5. "Mega! Business of Squatter Housing” and “Squatting Racketeer/s or
Syndicates" Defined.
a) Section 3 of R.A. No. 7279 is hereby amended by insering a new sub-
paragraph after sub-paragraph {e) to be designated as sub-paragraph (f] and which
shall ead as follows:
"F) ILLEGAL BUSINESS OF SQUATTER HOUSING’ REFERS TO THE CARRYING OUT
OF AN ACTIVITY, INTENDING TO DECEIVE OR DEFRAUD OTHER PERSON/S,
CLAIMING OWNERSHIP OF A PIECE OF LAND OR THE AUTHORITY TO DISPOSE SAID
LAND AND/OR TO CONVEY PROPRIETARY RIGHTS OR OWNERSHIP OVER THE SAME
OR EVEN PORTIONS THEREOF WHEN, IN TRUTH AND IN FACT, NO SUCH LEGAL RIGHT
OR AUTHORITY EXISTS. IT SHALL BE CONSIDERED AS AN OFFENSE INVOLVING
ECONOMIC SABOTAGE. THE PERSONS CRIMINALLY LIABLE FOR THE ABOVE
OFFENSE ARE THE PRINCIPAL, ACCOMPLICES, AND ACCESSORIES. IN THE CASE OF
A JURIDICAL PERSON, THE OFFICERS HAVING CONTROL, MANAGEMENT, OR
DIRECTION OF THEIR BUSINESS SHALL BE LIABLE;”
Accordingly, sub-paragraphs (f).(g). (hn). fi), Gh. tk) (I. {mb tr). to). (P). fa). tr).
(5). (1). (U). (v). tw), and (x) shall be re-designated as sub-paragraphs {g). th. {i} ti.
{e). (tm). (n), fo}, CP). Ca). AF) (5). (HL. Cu). (¥}. (ww). (x). and {y}. respectively.
b) Re-designated sub-paragraph {1). Section 3 of the same Act is hereby
amended to read as follows:
“t) Squatting RACKETEER/S OR syndicates’ refers to PERSON/S OR groups of
Persons engaged in the ILLEGAL business of squatter housing for profit or gain,
WHETHER FOR FINANCIAL OR POLITICAL ADVANTAGE:"
Sec. 6, Strengthening the Mechanisms in the Drive Against Professional Squotters and
Squatiing Racketeer/s or Syndicates. - In order to effectively suppress the activities of

professional squatters and the squatting racketeer/s or syndicates. it is imperative to

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strengthen the present mechanisms being used agains! them and to increase the penalty tor
their nefarious acts. For this purpose, Section 27 of R.A. No. 7279 Is hereby amended to read

as follows:

“SEC, 27. Action Against Professional Squatters and Squatting RACKETEER/S OR
syndicates, - The CONCERNED local govemment units AND/OR THE HOUSING AND
URBAN DEVELOPMENT COORDINATING COUNCIL. in cooperalion with the Philippine
National Police, the Presidential Commission for the Urban Poor {PCUP} and the PCUP
accredited urban poor organizations in the area, shall adopt measures to identify
and effectively curtail the nefarious and illegal activities of professional squatters and
squatting RACKETEER/S OR syndicates, as herein defined.

THE DEPARTMENT OF JUSTICE SHALL. IN CONJUNCTION WITH THE LOCAL
GOVERNMENT UNITS AND THE HOUSING AND URBAN DEVELOPMENT COORDINATING
COUNCIL. TAKE THE LEAD IN THE PROSECUTION OF IDENTIFIED PROFESSIONAL
SQUATTERS AND SQUATTING SYNDICATES.

THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL. THE
CONCERNED LOCAL GOVERNMENT UNIT, AND THE DEPARTMENT OF JUSTICE SHALL
HAVE AUTHORITY TO CALL ON THE FULL SUPPORT AND ASSISTANCE OF THE FOLLOWING
RELEVANT AGENCIES:

A. PRESIDENTIAL COMMISSION FOR THE URBAN POOR

B. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

C. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES.

©. PHILIPPINE NATIONAL POLICE

E NATIONAL URBAN POOR SECTORAL COUNCIL OF THE NATIONAL ANTI POVERTY
COMMISSION.

F NATIONAL BUREAU OF INVESTIGATION

G. LAND REGISTRATION AUTHORITY, AND.

H. OFFICE OF THE SOLICITOR GENERAL

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THE NATIONAL POLICE TASK FORCE TO APPREHEND SQUATTING SYNDICATES
AND PROFESSIONAL SQUATTERS CREATED UNDER EXECUTIVE ORDER NO., 178, S. 1999,
AS. AMENDED BY EXECUTIVE ORDER NO. 153, S. 2002, AND HEREBY RENAMED THE
NATIONAL POLICE TASK FORCE TO APPREHEND PROFESSIONAL SQUATIERS AND
SQUATTING RACKETEER/S OR SYNDICATES, SHALL SERVE AS THE OPERATIONAL ARM OF
THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL.

THE PHILIPPINE NATIONAL POLICE SHALL DESIGNATE SUCH FULL-TIME STAFF OR
PERSONNEL TO EFFECTIVELY PURSUE THE OBJECTIVES OF THE TASK FORCE.

THE PRESIDENTIAL COMMISSION FOR THE URBAN POOR SHALL &XTEND
SECRETARIAT SUPPORT TO THE HOUSING AND URBAN DEVELOPMENT COORDINATING
COUNCIL, DEPARTMENT OF JUSTICE AND THE NATIONAL POLICE TASK FORCE,

Any person or group identified as such shall be summarily evicted and their
dwellings of structures demolished AFTER DUE NOTICE, and shall be disqualified to
avail of the benefits of the Program. [A public official who tolerates or abets the
commission of the abovementioned acts shail be dealt with in accordance with
existing tarws.]

For purposes of this Act, professional squatters [or members of squatting
syndicates) shall be imposed the penalty of [six (6) years} PRISION MAYOR OR
imprisonment OF SIX (6) YEARS AND ONE {1} DAY TO TWELVE (12) YEARS or a fine of
not less than [Sixty] TWO HUNDRED thousand pesos [(®60,.000,00}] (#200,.000.00})
but not more than [One] FIVE hundred thousand pesos  [(#100.000))
(500,000.00), or both, at the discretion of the court. SQUATTING RACKETEER/S OR
MEMBERS OF SQUATIING SYNDICATES SHALL SUFFER THE PENALTY OF RECLUSION
PERPETUA OR LIFE IMPRISONMENT.

ANY PUBLIC OFFICIAL OR EMPLOYEE WHO TOLERATES OR ABEIS THE
COMMISSION OF THE ABOVEMENTIONED ACTS SHALL LIKEWISE BE IMPOSED THE
PENALTY OF RECLUSION PERPETUA OR LIFE IMPRISONMENT AND PERMANENT ABSOLUTE

DISQUALIFICATION FROM HOLDING PUBLIC OFFICE, INCLUDING IN GOVERNMENT-

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OWNED AND/OR-CONTROLLED CORPORATIONS, WITHOUT PREJUDICE TO THE
PROSECUTION OF THE SAID OFFICIAL OR EMPLOYEE UNDER THE PROVISION OF THE
REVISED PENAL CODE OR OTHER EXISTING LAWS.

Sec. 7. Additional Mechanisms to Curtail the itlegal Activities of Squatting Racketeer/s
or Syndicates. - (a) In furtherance of the drive to effectively curtail the nefarious and illegal
Activities of squatting racketeer/s or syndicates there are hereby inserted after Sec. 27 of R.A.
No. 7279 three (3) new sections to be designated as Section 28, Section 29. and Section 30
which shall read as follows:

"SEC. 28. PRIMA FACIE EVIDENCE AGAINST SQUATTING RACKETEER/S OR

SYNDICATES. ~ ANY OF THE FOLLOWING CIRCUMSTANCES SHALL CONSTITUTE PRIMA

FACIE EVIDENCE AGAINST SQUATTING RACKETEER/S OR SYNDICATES.

A. THE USE OF FAKE AND/OR MANUFACTURED TRANSFER CERTIFICATE OF TITLE
OR COURT DECISION:

8. THE USE OF A SPANISH TITLE OR ROYAL DECREE THAT WAS DECLARED BY
FINAL JUDGMENT WITHOUT FORCE AND EFFECT OR OF A VOID CERTIFICATE
OF TITLE;

C. THE USE OF A DEED OF ASSIGNMENT OR CERTIFICATE OF OCCUPANCY. OR
A DONATION OR SALE BASED ON A SPANISH TITLE OR ROYAL DECREE THAT
WAS DECLARED BY FINAL JUDGMENT WITHOUT FORCE AND EFFECT OR
BASED ON VOID CERNFICATES OF TITLE OR FAKE AND/OR MANUFACTURED
CERTIFICATE OF THLE OR COURT DECISION:

D. THE ACT OF ORGANIZING ASSOCIATIONS OR ORGANIZATIONS, INCLUDING
COOPERATIVES, FOR THE PURPOSE OF COLLECTING MEMBERSHIP FEES OR
OTHER CHARGES OR OF DERIVING GAIN, PROFIT OR FINANCIAL
ADVANTAGE BASED ON A SPANISH TITLE OR ROYAL DECREE THAT WAS
DECLARED BY FINAL JUDGMENT WITHOUT FORCE AND EFFECT OR BASED
ON A VOID CERTIFICATE OF TITLE OR FAKE AND/OR MANUFACTURED

TRANSFER CERTIFICATE OF TITLE OR COURT DECISION.

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"SEC, 29. VENUE OF ACTION AGAINST ILLEGAL BUSINESS OF SQUATIER
HOUSING; MANDATORY PERIODS FOR RESOLUTION; AND PRESCRIPTIVE PERIOD. - A
CRIMINAL ACTION ARISING FROM ILLEGAL BUSINESS OF SQUATIER HOUSING AS HEREIN
DEFINED SHALL BE FILED WITH THE REGIONAL TRIAL COURT OF THE PROVINCE OR CITY
WHERE THE OFFENSE WAS COMMITIED OR WHERE THE OFFENDED PARTY ACTUALLY
RESIDES AT THE TIME OF THE COMMISSION OF THE OFFENSE: PROVIDED, THAT THE
COURT WHERE THE CRIMINAL ACTION IS FIRST FILED SHALL ACQUIRE JURISDICTION TO
THE EXCLUSION OF OTHER COURTS.

THE PRELIMINARY INVESHIGATION OF CASES UNDER THIS ACT SHALL BE
TERMINATED WITHIN A PERIOD OF THIRTY (30) CALENDAR DAYS FROM THE DATE OF
THEIR FILING, WHERE THE PRELIMINARY INVESTIGATION 1S CONDUCIED BY A
PROSECUTOR AND A PRIMA FACIE CASE IS ESTABLISHED, THE CORRESPONDING
INFORMATION SHALL BE FILED IN COURT WITHIN TWENTY FOUR (24) HOURS FROM THE
TERMINATION OF THE INVESTIGATION. IF THE PRELIMINARY INVESTIGATION IS
CONDUCTED BY A PROSECUTOR AND A PRIMA FACIE CASE IS FOUND TO EXIST, THE
CORRESPONDING INFORMATION SHALL BE FILED BY THE PROPER PROSECUTOR WITHIN
FORTY EIGHT (48) HOURS FROM THE DATE OF RECEIPT OF THE RECORDS OF THE CASE.

ILEGAL BUSINESS OF SQUATTER HOUSING CASES UNDER THIS ACT SHALL
PRESCRIBE IN TWENTY {20} YEARS

“SEC, 30, FREE LEGAL ASSISTANCE; PREFERENTIAL ENTITLEMENT UNDER THE
WITNESS PROTECTION PROGRAM. - A MECHANISM FOR FREE LEGAL ASSISTANCE FOR
VICTIMS OF ILLEGAL BUSINESS OF SQUATTER HOUSING SHALL BE ESTABLISHED WITHIN
THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL. SUCH
MECHANISM MUST INCLUDE COORDINATION AND COOPERATION WITH THE
DEPARTMENT OF JUSTICE, THE INTEGRATED BAR OF THE PHILIPPINES, AND OTHER NON-
GOVERNMENTAL ORGANIZATIONS AND VOLUNTEER GROUPS.

ANY PERSON WHO IS A VICTIM OF ILLEGAL BUSINESS OF SQUATTER HOUSING

SHALL BE ENTITLED TO THE WITNESS PROTECTION PROGRAM PROVIDED UNDER THE

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PROVISIONS OF REPUBLIC ACT NO. 6981 ENIMILED “AN ACT PROVIDING FOR A WITNESS
PROTECTION, SECURITY AND BENEFIT PROGRAM AND, FOR OTHER PURPOSES.”
Accordingly. Sections 28, 27, 30, 31. 32, 33. 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44. 45.

46, 47. 48, 49 of R.A, No. 7279 shall be re-numbered as Sections 31, 32, 33, 34, 35. 36. 37. 38.

39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, and 52, respectively,

(b) Re-designated Section 48 of R.A, No. 7279. is hereby amended to read as follows:
“SEC. 48, Penalty Clause. - Any person, OTHER THAN THOSE WHO COMMIT THE

ALLEGAL ACTS OF PROFESSIONAL SQUATTERS, SQUATTING RACKETEER/S OR SYNDICATES, THOSE

THAT TOLERATE OR ABET THE SAID ACTS, AND THOSE WHO ENGAGE IN THE ILLEGAL BUSINESS

OF SQUATIER HOUSING, who violates any provision of this Act shall be Imposed the penalty

of not more than six (6) years of imprisonment or a fine of not less than Five Thousand Pesos

{25,000} but not more than One Hundred Thousand Pesos (100,000), or both, at the

discretion of the court: Provide

, That, If the offender is a corporation, parinership.
association or other judicial entity, the penalty shall be imposed on the officer or officers of
said corporation, partnership, association or juridical entity who caused the violation.

PROSECUTION UNDER THIS ACT SHALL BE WITHOUT PREJUDICE TO ANY LIABILITY FOR
VIOLATION OF ANY PROVISION OF THE REVISED PENAL CODE.

Sec. 8. Relief to Private Property Owners and the Underprivileged and Homeless
Citizens Occupying Privately-owned Lands, - In respect of the rights of private property
owners, especially small properly owners, and in order to alleviate the condition of the
underprivileged and homeless citizens occupying privately-owned lands, re-designated
Sections 32 and 33 of R.A. No. 72/9 are hereby omended,

4) Re-designated Section 32 of R.A. No. 7279 shall read as follows

"SEC, 32, Resetilement. - Within two [2} years from the effectivity of Inis Act the

Jocal government unils, in coordination with the National Housing Authority shalt

implement the relocation and resettiement of persons living in danger areas such as

esteros, railroad. tracks, garbage dumps, riverbanks shorelines, waterways, and in

other public places such as sidewalks, roads, parks and playgrounds. The local

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goverment unit,

coor n with the National Housing Authority. shall provide
relocation or resettlement sites with basic services and facilities and access to
empioyment and fivelinoed opportunities sufficient to meet the basic needs of the
affected families.

THE LOCAL GOVERNMENT UNIT SHALL. IN COORDINATION WITH THE NATIONAL
HOUSING AUTHORITY OR THE SOCIAL HOUSING FINANCE CORPORATION, LIKEWISE
PROVIDE RESETTLEMENT SITES OR RELOCATION TO A COMMUNITY MORTGAGE
PROGRAM HOUSING PROJECT, COMPLETE WITH BASIC SERVICES, TO
UNDERPRIVILEGED AND HOMELESS CITIZENS OCCUPYING PRIVATE LANDS OWNED BY
SMALL PROPERTY OWNERS UPON APPLICATION BY THE LATTER WHH THE LOCAL
GOVERNMENT UNIT CONCERNED FOR THE RESETTLEMENT OR RELOCATION OF THE
INDIVIDUALS OCCUPYING THEIR PROPERTY AND UPON PROPER QUALIFICATION OF THE
TARGET BENEFICIARIES. THE PCUP SHALL ASSIST THE LOCAL GOVERNMENT UNITS IN THE
REGISTRATION OF [HE UNDERPRIVILEGED AND HOMELESS CITIZENS OCCUPYING SMALL
PRIVATELY-OWNED LANDS WITHIN THEIR RESPECTIVE JURISDICTION FOR QUALIFICATION
PURPOSES. ONCE QUAUFIED THROUGH THE REGISTRATION PROCESS, SAID
UNDERPRIVILEGED AND HOMELESS CITIZENS SHALL BE ENTITLED TO RESETTLEMENT OR
RELOCATION ASSISTANCE,

b) Re-designated Section 33 of R.A. 7279 shall read as follows:

“SEC. 33. Prohibition Against New illegal Structures. - It shall be Uniawtul for any
person to construct any structure in areas mentioned in the preceding section,
INCLUDING PRIVATELY-OWNED LANDS.

Sec. 2, Annual Report. « The Housing and Urban Development Coordinating Council
the local govemments through the Department of Interior and Local Govemment, the
Department of Justice, the Presidential Commission for the Urban Poor, and. the Philippine
National Police shall submit a detailed annual report with respect to the implementation of
this Act to the President and to the House of Representatives and the Senate of the

Congress of the Republic of Ihe Phiippines through the House Committee on Housing and

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Urban Development and the Senate Committee on Urban Planning. Housing, and
Reseltiement.

Sec. 10. Funding. - The initial funding requirement for the implementation of this Act
shall: be charged against the current budget of the Housing and Urban Development
Coordinating Council {HUDCC) and thereafter to be included in the annual General
‘Appropriations Act: Provided, That the National Housing Authority shall immediately set aside
funds for the resettlement of the victims under this Act: Provided, further, That the National
Home Mortgage Corporation through the Social Housing and finance Corporation shall
allocate any of its existing funds under the Community Morigage Program (CMP) to
immediately implement this Act and thereafter in the annual General Appropriations Act.

Sec. 11. Implementing Rules and Regulations. - The Housing and Urban Development
Coordinating Council, Department of Justice. Department of interlor and Local Government,
and Presidential Commission for the Urban Poor, in consultation with the Philippine National
Police, shall promulgate the Implementing Rules and Regulations necessary fo implement the
provisions of Sections 6 and 7 hereof while the Housing and Urban Development
Coordinating Council, Oepariment of Interior and Locat Govemment, Presidential
Commission for the Urban Poor, National Housing Authority, and Social Housing Finance
Corporation shall promulgate the Implementing Rules and Regulations necessary to
Implement the provisions of Section 8 hereof within ninety (90) days from the approval of this
Act.

Sec. 12. Separabitity Clause. - If any provision of this Act shall be held unconstitutional
or invalid, the other provisions not otherwise altected shall remain in full force and effect.

Sec. 13. Repeating Clause. - Sections 3 and 27. and re-designated Sections 32, 33,
‘and 48 of R.A. No. - 7279 are hereby amended. All other 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

accordingty.

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Sec. 14. Effectivity Clause, - This Act shall take effect fifteen (15) days after the
completion of its publication in the Officlat Gazette of in at least two (2) national newspapers
of general circulation,

Approved,

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FACT SHEET

House: BillNo, 4655
(As Approved on March 23, 2041)

INSTITUTING REFORMS IN THE GOVERNMENT’S DRIVE AGAINST
PROFESSIONAL SQUATTERS AND SQUATTING RACKETEERS/SYNDICATES

introduced by: REPRESENTATIVES BAGATSING, CALIMBAS-VILLAROSA,
VALENCIA, LICO, VIOLAGO, LEONEN-PIZARRO, ACHARON, KHO, HERRERA-
DY, MARIANO, SY-ALVARADO, DE JESUS, PADILLA and EJERCITO

Committee Referral) COMMITTEE ON HOUSING AND URBAN DEVELOPMENT
Committee Chairperson: REP. RODOLFO G,. VALENCIA

OBJECTIVES:

¢ To extend additional protection over the property rights of private property
owners and make the drive against squatting more effective

© To hopefully bring to an end the formation of squatting syndicates by imposing
stiffer penalty for the commission of such crime and providing for
circumstances that shall constitute prima facie evidence against squatting
syndicates

* To promote cooperation among government agencies such as the
Department of interior and Local Government (DILG) and the Housing and
Urban Development Coardinating Council (HUDCC) in curtailing the nefarious
and illegal activities of professional squatters and squatting syndicates

KEY PROVISIONS:

* Provides for the definition of “illegal business of squatter housing” and
“squatting racketeer/s and/or syndicates” which were not previously stated
under RA 7279

* Provides for the inclusion of the HUDCC to the agencies tasked to adopt
measures to identify and effectively curtail the nefarious and illegal activities
of professional squatters and squatting syndicates

© identifies the Department of Justice as the lead agency in the prosecution of
identified professional squatters and squatting syndicates.

* imposes a penalty of Prision Mayor or imprisonment of six (6) years and one
(1) day to twelve (12) years or a fine of not less than Two Hundred Thousand
Pesos (P200,000) but not more than Five Hundred Thousand Pesos
(P500,000) against professional squatters, while squatting racketeer/s or
squatting syndicates are imposed a penaity of reciusion perpetua or life
imprisonment


*  Penailizes a public official who tolerates or abets the commission of the illegal
activities of squatting syndicates with a reciusion perpetua or life
imprisonment and permanent absolute disqualification to hold public office
including government-owned and/or controlled corporations

* Provides the circumstances constituting prima facie evidence against
squatting racketeer/s or syndicates

Defines the role of the local government units in the resettlement and
relocation of underprivileged and homeless citizens occupying private lands
owned by small property owners. The Presidential Commission for the Urban
Poor is likewise directed to assist the local government unit in the registration
of would be beneficiaries

RELATED LAWS:

« Republic Act No. 7279 - Urban Development and Housing Act

« Executive Order No. 153, S. 2002 — instituting the National Drive to Suppress
and Eradicate Professional Squatting and Squatting Syndicates, Amending
Executive Orders Nos. 178, S. 1999 and 129, S. 1993, and for Other
Purposes

« Exective Order No. 178, S. 1999 — Creating the National Police Task Force on
Professional Squatters and Squatting Syndicates

CHUD Sehcommitee reports/ant-squatingyES


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezn City
FIFTEENTH CONGRESS
First Regular Session
House Bill No. Aron

Introduced By Representative Amado S. Bagatsing

EXPLANATORY NOTE

According to the Philippine Constitutional Commission of 1986, squatting stems from
the unbalanced socio-economic conditions obtaining in Philippine society. Hence, the 1987
Constitution incorporated in is social justice provisions that the State shall by law undertake
a cominuing program of whan land reform and housing and basic services to the
Underprivileged and homeless citizens in Urban centers und resettlement areas. Accordingly,
the Congyess, in 1992, enacted Republic Act No. (R.A.) 7279 otherwise known as the Urban
Development and Housing Act of 1992 (UDHA) where squatting syndicates was defined as
groups of persons engaged in the business of squatter housing for profit or gain (Sec. fs],
RA 7279) and punished.

Squatting business is « hicrative business where an individual could make hundreds of
millions of pesos at the expense of the urban poor, hard-caming citizens such as the overseas.
Filipino workers (OFWs), as well as the unsuspecting retired citizens who all dresm tha
someday they could have 2 lot of their own. In exchange for their hard-earned money, they
sre shown reproduction copies of Spanish titles purportedly extended by the King of Spain
covering vast tracts of land and are deceived into occupying lots allegedly covered by the
Such titles notwithstanding a decree issued by then President Marcos und the daclaration by
the Supreme Court in the case of Intestate Estate of the Inte Don Mariano.San Pedro Y
Esteban (GR.No, 103727 and GR. No. 106496, Dec. 18, 1996) that Titulo de Propriedad
No. 4136 is null and void. As a Tesult, thousands of our citizens become vietims by
unscrupulous persons peddling such spurious titles.

{t is worth noting, however, that nothing in our’penal statute books state that an
individua) should be penslized for engaging in the business of squatter housing suck as an
individual squatter who engages in the squatting business by selling rights over 2 parcel of
land not belonging to hinvber. Neither is there anything in the penal starste bocks punishing
a corporation, association, or organization thet is engaged in squatting business by selling
lands or rights over such lands not belonging to it.

The gravity of this offense, seen in the context of the present situation, is so alarming
such thar this bill seeks to remedy the situation. It defines the illegal business of squatter
housing to include it in our penal starute books and penalize the same, It also redefines
squatting syndicates to include racketcers.

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‘Yais bill provides for additional mechanisms to curtail the illegal activities of
‘squatting racketeers or syndicates, detining the prima facie evidence against them, the venue
far the institution of criminal action, and the mandatory period for the resolution of cases
against illegal business af squatter housing, among others:

It finther strengthens the mechanisms in the government’s drive against professional
squatiers and squatting syndicates or racketeers by defining the roles of the Housing and
Titan Development Coordinating Councit, the Philippine Nationa) Police, the Presidential
Commission for the Urban Poor, the Department of Justice, and other certain agencies
concemed.

Likewise, the bill provides stiffer penalties against professional squatters and
squatting racketeers or syndicates.

Finally, the bill provides relief to private property owners, especially smal! private
propery owners, whose land is occupied by informal setlers by providing mechanisms for
relocation assistance to the latter.

“This bill which is being re-filed by the undersigned was 1 substiute bill to House Bill
No: 1649, entitled: An Act Amending Scction 27 of Republic Act No. 7279 Otherwise
Known As “Urban Development and Housing Act of 1992," House Rill No. 2572, entitled:
ae act Prohibiting Business for Squatting Housing. Providing Penalties ‘Therefor. and for
Other Purposes,” both authored by the undersigned and House Bill No. 1087, entided: An
‘Act Amending Republic Act No. 8368, Otherwise Known us the “Anti-Squatting Law

‘Act 1997,” authored by the Honorable Ma. Amuelita C. Villarosa. It wes approved on third
eading by the House of Representatives in January 2010 of the immediately preceding
Congress as House Bill No. 6405, with, among others, the foltowing as additional authors:
Representatives Thelma Z. ‘Almario, Amionio C. Alvarez, Antonio M. Diaz, Antonio T. Kho,
‘Alben Raymond S. Garcia, Masuet S. Agyao, Florencio L. Vargas, Diosdado M- Aroxe,
Audolie W Anibaino, Elpiaio F. Barzaga Sr., Franklin P. Bautista, and Narciso R. Bravo Ir,
‘al! of whom were re-elected to their seat as snembers of the Pifteenth Congress.

In view hereof, early passage of this bill is earnestly sought.

Ce

AMADO S. BAGATSING
Representative
5® District of Manila

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
second Regular Session

4101

House Bal No.

Introduced by Representative Amado $. Bagatsing

ANACT
TO INSTITUTE REFORMS IN THE GOVERNMENTS DRIVE AGAINST PROFESSIONAL
SQUATTERS AND SQUATIING RACKETEERIS OR SYNDICATES, STRENGTHENING

THE MECHANISMS THEREFOR, AND FOR OTHER PURFOSES

Be it enacted by the Senate and Ihe Howe of Representatives of the

Philippines in Congress.assembled:

Section 1. Shor Title, = This Act shall be known and cited as the “Ant
Professional Squatters and Squatting Rackeleer/s or Syndicates Drive Reforms
Act of 2011."

Sec. 2. Declaration of Policy, - It is hereby declared the policy of the
State to curb the nefarious activities of professional squotiers and the
squatting racketeer/s or syndicates that prey on both the underprivileged

and homeless citizens and private property owners.

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Sec. 3. Stolement of Objectives. - This Act is intended to reinforce the
drive against professional squatiers and squatting racketeer/s or syndicates
and to strengthen the mechanisms to effectively curtail their wicked
activities, the usual victims of which are the legitimate urban poor
beneficiaries.

1 also ims to provide relief to both the underprivileged and homeless
citizens and the small private property owners whose respective lands ore
occupied by the former.

Sec. 4. Definition of Terms. - For purposes of this Act ond consistent with
the provisions of Republic Act No. 7279. otherwise known as the Urban and
Housing Development Act of 1992, the following terms ore hereby defined as
follows:

a} “professional squatters’ refers to individuals or groups who occupy

fand without the express consent of the landowner and whe have

sufficient income tof legifimate housing: the term shail also apply to

persons who have previously been awarded homelots or housing
units by the govemment but who solid, teased or transferred the
same to setile Tegally in the same place or in another urban area.
‘and t6 non-bone fide occupants and intruders of lands reserved for
socialized housing: Provided. That Ihe term shail nef apply to
individuals or groups who simply rent land and housing from
professional squatters or squatting syndicates:

b] ‘resettlement areas” refers to areas identified by the appropriate

national agency or by the focal government unit with respect to

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areas within its jurisdiction, which shall be used for the relocation of
the underprivileged and homeless citizens:

c} “small property owners” refers to those whose only real property
Consists of residential lands not exceeding three hundred square
meters (300 sq.m) in highly urbanized cities and eight hundred
square meters (800 sq.m} in other urban areas:

d) “socialized housing" refers to housing programs and projects
Covering houses and [éts or homelots only undertaken by the
govemment of the piivate sector for the underprivileged and
homeless citizens which shall include sites. and services
development, long-term financing, liberalized terms on interest
payments, and such other’ benefits in accordance with the
provisions of this Act;

| "underprivileged and homeless citizens’ refers fo the beneficiaries of
this Act and to individuals or families residing in urban and
urbanizabie areos whose income or combined household income
fols within the poverty threshold as defined by the Nalional
Economic and Development Authority and who do not own
housing faciliies. This shall include those who live in makeshift
dwelling units and do not enjoy security of tenure.

Sec. 5. “legal Business of Squatter Housing” and "Squatting Racketeer/s

of Syndicates" Defined.

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Squatiers ond Squatting Racketeer/s of Syndicates.

a} Section 3 of Republic Act No. 7279 is hereby amended by inserfing a
new paragraph after paragraph {e] to be designated as paragraph
{f} and which shall read as follows:

"F) ‘ILLEGAL BUSINESS OF SQUATTER HOUSING’ REFERS TO THE
CARRYING OUT OF AN ACTIVITY. INTENDING TO DECEIVE OR
DEFRAUD OTHER PERSON/S. CLAIMING OWNERSHIP OF A PIECE OF
LAND OR THE AUTHORTY 10 DISPOSE SAID LAND AND/OR TO
CONVEY PROPRIETARY RIGHTS OR OWNERSHIP OVER THE SAME OR
EVEN PORTIONS THEREOF WHEN, IN TRUTH AND IN FACT, NO SUCH
LEGAL RIGHT OR AUTHORITY EXISTS. IT SHALL BE CONSIDERED AS AN
OFFENSE INVOLVING ECONOMIC SABOTAGE. THE PERSONS
CRIMINALLY LIABLE FOR THE ABOVE OFFENSE ARE THE PRINCIPAL.
ACCOMPLICES, AND ACCESSORIES. IN THE CASE OF A JURIDICAL
PERSON, THE OFFICERS HAVING CONTROL, MANAGEMENT, OR
DIRECTION OF THEIR BUSINESS SHALL BE LIABLE;”

The succeeding paragraphs shall be redesignated accordingly.
bj Redesignated paragraph fi), Section 3 of the same Act is hereby
amended to read as follows:

"¥] ‘Squatting RACKETEERIS OR syndicates’ refers to PERSON/S
OR groups of persons engaged in the ILLEGAL business of squatter
housing for profit or gain WHETHER FINANCIAL OR POUTICAL
ADVANTAGE;

Sec. 6. Strengthening the Mechanisms in the Drive Against Professional

in order to effectively

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suppress the activities of professional! squatters and the squatting racketeer/s
oF syndicates, if is imperative to strengthen the present mechanisms being
used against them and to increase the penatty for their nefarious acts. For this
purpose, Section 27 of Republic Act No. 7279 is hereby omended fo read as
follows:

“SEC. 27. Action Against Professional Squatiers and Squaiting
RACKETEERIS OR Syndicates. - The CONCERNED local government units
AND/OR THE HOUSING AND URBAN DEVELOPMENT COORDINATING
COUNCIL, in cooperation with the Philippine National Police, the
Presidential Commission for the Urban Poor {PCUP) and the PCUP-
accredited urban poer organizations in the area, shall adopt measures
fo identify and effectively curtail the nefarious and Mega! activities of
professional squattérs and squatting syndicates, as herein defined.

THE DEPARTMENT OF JUSTICE SHALL, IN CONJUNCTION WITH THE
LOCAL GOVERNMENT UNS AND THE HOUSING AND URBAN
DEVELOPMENT COORDINATING COUNCIL, TAKE THE LEAD IN THE
PROSECUTION OF IDENTHED PROFESSIONAL SQUATTERS AND
SQUATTING SYNDICATES.

THE HOUSING AND URBAN DEVELOPMENT COORDINATING
COUNCIL, THE CONCERNED LOCAL GOVERNMENT UNIT, AND THE
DEPARTMENT OF JUSTICE SHALL HAVE AUTHORITY TO CALL ON THE FULL
SUPPORT AND ASSISTANCE OF THE FOLLOWING: RELEVANT AGENCIES:

i, PRESIDENTIAL COMMISSION FOR THE URBAN POOR

i. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT

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i, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

iv, PHILIPPINE NATIONAL POLICE

v. NATIONAL URBAN POOR SECTORAL COUNCIL OF THE

NATIONAL ANTE POVERTY COMMISSION

vi, NATIONAL BUREAU OF INVESTIGATION

vil, LAND REGISTRATION AUTHORITY. AND.

vilOFFICE OF THE SOLICIOR GENERAL

THE NATIONAL POLICE TASK FORCE TO APPREHEND SQUATTING
SYNDICATES AND PROFESSIONAL SQUATTERS CREATED UNDER
EXECUTIVE ORDER NO., 178, 5. 1999, AS AMENDED BY EXECUTIVE ORDER:
NO. 183, S. 2002, AND HEREBY RENAMED THE NATIONAL POLICE TASK
FORCE TO APPREHEND PROFESSIONAL SQUATTERS AND SQUATTING
RACKETEER/S OR SYNDICATES SHALL SERVE AS THE OPERATIONAL ARM
OF THE HOUSING AND URBAN DEVELOPMENT COORDINATING
COUNCIL.

THE PHILIPPINE NATIONAL POUCE SHALL DESIGNATE SUCH FULL-
TIME STAFF OR PERSONNEL TO EFFECTIVELY PURSUE THE OBJECTIVES OF
THE TASK FORCE.

THE PRESIDENTIAL COMMISSION FOR THE URBAN POOR SHALL
EXTEND SECRETARIAT SUPPORT TO THE HOUSING AND URBAN
DEVELOPMENT COORDINATING COUNCIL, DEPARTMENT OF JUSTICE
AND THE NATIONAL POLICE TASK FORCE,

Any person or group identified as such shail be summarly evicted
and their dwellings or structures demolished AFTER DUE NOTICE, and

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shall be disqualified to avail of the benefits of the Program. [A public
officio! whe tolerates or abets the commission of the abovementioned
acts shail be dealt with in accordance with existing laws.}

For purposes of this Act. professional squatters [or members of
squatting syndicates} shall be imposed the penoltly of {sx (6) years]
PRISION MAYOR OR impdsonment OF SIX (6) YEARS AND ONE (1} DAY
TO TWELVE (12) YEARS oF @ fine of not less than [Sixty] TWO HUNDRED
thousand pesos [[260.000.00}] (#200,000.00} but not more than [One]
AVE hundred thousand pesos {(100,000}} {500,000.00}, or both. at the
discretion of the court. SQUATHING RACKETEER/S OR MEMBERS OF
SQUATTING SYNDICATES SHALL SUFFER THE PENALTY OF RECLUSION
PERPETUA OR LIFE IMPRISONMENT.

ANY PUBLIC OFFICIAL OR EMPLOYEE WHO TOLERATES OR ABETS
THE COMMISSION OF THE ABOVEMENTIONED ACTS SHALL LIKEWISE BE
IMPOSED THE PENALTY OF RECLUSION PERPETUA OR LIFE IMPRISONMENT
AND PERMANENT ABSOLUTE DISQUALIFICATION FROM HOLDING PUBLIC
OFFICE, INCLUDING IN GOVERNMENT-OWNED AND/OR-CONTROLLED
CORPORATIONS. WITHOUT PREJUDICE TO THE PROSECUTION OF THE
SAID OFFICIAL OR EMPLOYEE UNDER THE PROVISION OF THE REVISED
PENAL CODE OR OTHER EXISTING LAWS.

Sec. 7. Additional Mechanisms to Curtail the ittegat Activities of

Squaiting Rackefeer/s or Syndicates. - in furtherance of the drive to
effectively curtail the nefarious and illegal activities of squatting racketeer/s
of syndicates, Sec. 27 of the same Act is further amencied by inserfing six (6)

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new sections to be denominated as Section 27-A through Section 27-F, which
shail read as follows:

“SEC. 27-A, PRIMA FACIE EVIDENCE AGAINST SQUATTING
RACKEIEER/S OR SYNDICATES. ANY OF THE FOLLOWING
CIRCUMSTANCES SHALL CONSTITUTE PRIMA FACIE EVIDENCE AGAINST
SQUATING RACKETEER/S OR SYNDICATES.

a) THE USE OF FAKE AND/OR MANUFACTURED TRANSFER

CERTIFICATE TILE OR COURT DECISION;

b} THE USE OF A SPANISH TILE OR ROYAL DECREE THAT WAS,
DECLARED BY FINAL JUDGMENT WITHOUT FORCE AND EFFECT
OR OF A VOID CERTIACATE OF TITLE;

¢} THE USE OF A DEED OF ASSIGNMENT OR CERTIFICATE OF
OCCUPANCY. OR A DONATION OR SALE BASED ON A SPANISH
MLE OR ROYAL DECREE THAT WAS DECLARED BY FINAL
JUDGMENT WITHOUT FORCE AND EFFECT OR SASED ON VOID
CERTIFICATES OF THLE OR FAKE AND/OR MANUFACTURED
CERTIFICATE OF THLE OR COURT DECISION:

d) THE ACT OF ORGANIZING ASSOCIATIONS OR ORGANIZATIONS,
INCLUDING COOPERATIVES, FOR THE PURPOSE OF
COLLECTING MEMBERSHIP FEES OR OTHER CHARGES OR OF
DERIVING GAIN, PROFIT OR FINANCIAL ADVANTAGE BASED
ON A SPANISH THLE OR ROYAL DECREE THAT WAS DECLAREO
BY FINAL JUDGMENT WITHOUT FORCE AND EFFECT OR BASED
ON A VOID CERRFICATE OF TMLE OR FAKE AND/OR

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MANUFACTURED TRANSFER CERTIFICATE TILE OR COURT
DECISION.

"SEC. 27-B. VENUE. - A CRIMINAL ACTION ARISING FROM ILLEGAL
BUSINESS OF SQUATIER HOUSING AS HEREIN DEFINED SHAUL BE FILED
WITH THE REGIONAL TRIAL COURT OF THE PROVINCE OR CITY WHERE THE
OFFENSE WAS COMMITIED OR WHERE THE OFFENDED PARTY ACTUALLY
RESIDES AT THE TIME OF THE COMMISSION OF THE OFFENSE: PROVIDED,
THAT THE COURT WHERE THE CRIMINAL ACTION IS FIRST FILED SHALL
ACQUIRE JURISDICTION TO THE EXCLUSION OF OTHER COURTS.

"SEC, 27-C. MANDATORY PERIODS FOR RESOLUTION OF ILLEGAL
BUSINESS OF SQUATTER HOUSING, - THE PRELIMINARY INVESTIGATION OF
CASES UNDER THIS ACT SHALL BE TERMINATED WITHIN A PERIOD OF
THIRTY [30] CALENDAR DAYS FROM THE DATE OF THEIR FILING. WHERE
THE PRELIMINARY INVESTIGATION IS CONDUCTED 8Y A PROSECUTOR
AND A PRIMA FACIE «CASE S_—ESTABLISHED, THE
CORRESPONDINGINFORMATION SHALL BE FILED IN COURT WITHIN
TWENTY FOUR (24) HOURS FROM THE TERMINATION OF THE
INVESTIGATION. IF THE PRELIMINARY INVESTIGATION IS CONDUCTED BY A
PROSECUTOR AND A PRIMA FACIE CASE IS FOUND TO EXIST, THE
CORRESPONDING INFORMATION SHALL BE FILED BY THE PROPER
PROSECUTOR WITHIN FORTY EIGHT (48} HOURS FROM THE DATE OF

RECEIPT OF THE RECORDS OF THE CASE.

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a “SEC. 27-D, PRESCRIPTIVE PERIOD. - ILLEGAL BUSINESS OF SQUATIER

2 HOUSING CASES UNDER THIS ACT SHALL PRESCRIBE IN TWENTY (20)

3 YEARS.

4 "SEC. 27-E. FREE LEGAL ASSISTANCE; PREFERENTIAL ENTITLEMENT

5 UNDER THE WITNESS PROTECTION PROGRAM. - A MECHANISM FOR FREE
6 LEGAL ASSISTANCE FOR VICTIMS OF ILLEGAL BUSINESS OF SQUATIER
7 HOUSING SHALL BE ESTABLISHED WITHIN THE HOUSING AND URBAN
8 DEVELOPMENT COORDINATING COUNCIL. SUCH MECHANISM MUST
3 INCLUDE COORDINATION AND COOPERATION WITH THE DEPARTMENT
10 OF JUSTICE, THE INTEGRATED BAR OF THE PHILIPPINES, AND OTHER NON-
1 GOVERNMENTAL ORGANIZATIONS AND VOLUNTEER GROUPS.

2 THE PROVISIONS OF REPUBLIC ACT NO. 6981 ENTITLED "AN ACT
B - PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT
14 PROGRAM AND, FOR OTHER PURPOSES,” TO THE CONTRARY
15 NOTWITHSTANDING, ANY PERSON WHO IS A VICTIM OF ILLEGAL
16 BUSINESS OF SQUATIER HOUSING SHALL BE ENTITLED TO THE WITNESS
v7 PROTECTION PROGRAM PROVIDED THEREUNDER.

18 "SEC. 27-F. LIABILITY UNDER THE REVISED PENAL CODE. -
19 PROSECUTION UNDER THIS ACT SHALL BE WITHOUT PREJUDICE TO ANY
20 LIABILITY FOR VIOLATION OF ANY PROVISION OF THE REVISED PENAL
a CODE.

22 Sec. & Rellef.to Private Property Owners and the Underprivileged and

23 Homeless Ciizens Occupying Privately-owned Lands, - in respect of the rights
24 of private property owners, especially smait property owners. and in order to

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aileviate the condition of the underprivileged ond homeless. citizens
occupying privately-owned lands, Sections 29 and 30 of RA 7279 are hereby

amended.

©) Section 29 of RA. 7279 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
Nationa! Housing Authority, shall impiement the relocation and
resettlement of persons living in danger areas such as esteros, railroad
fracks, garbage: dumps, riverbanks shorelines, waterways, and in other
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 facitities and access to employment and fivelihood
opportunities sufficient to meet the basic needs of the affected
families.

THE LOCAL GOVERNMENT UNIT SHALL, IN COORDINATION WITH
THE NATIONAL HOUSING AUTHORITY OR THE SOCIAL HOUSING FINANCE
CORPORATION, LIKEWISE, PROVIDE RESETTLEMENT SiTES OR RELOCATION. -
TO A’ COMMUNITY MORTGAGE PROGRAM HOUSING PROJECT.
COMPLETE WITH BASIC SERVICES, TO UNDERPRIVILEGED AND HOMELESS
CIMIZENS OCCUPYING PRIVATE LANDS OWNED BY SMALL PROPERTY
OWNERS UPON APPLICATION 8Y THE LATTER WITH THE LOCAL
GOVERNMENT UNIT CONCERNED FOR THE RESETILEMENT OR
RELOCATION OF THE INDIVIDUALS OCCUPYING THEIR PROPERTY AND

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UPON PROPER QUALIFICATION OF THE TARGET BENEFICIARIES. THE PCUP

SHALL ASSIST THE LOCAL GOVERNMENT UNITS IN THE REGISTRATION OF
, THE UNDERPRIVILEGED AND HOMELESS CITIZENS OCCUPYING SMALL

PRIVATELY-OWNED LANDS WITHIN THEIR RESPECTIVE JURISDICTION, FOR

QUALIFICATION PURPOSES ONCE QUALIFIED THROUGH = THE

REGISTRATION PROCESS, SAID UNDERPRIVILEGED AND HOMELESS

CINZENS SHALL BE ENTITLED TO RESETTLEMENT OR RELOCATION:

ASSISTANCE.

b} Section 30 of R.A. 7279.is hereby amended to read as follows:

"SEC. 30, Prohibition Against New Illegal Structures. - ff shall be
unlowful for any person fo construct any structure in areas mentioned
in the preceding section, INCLUDING PRIVATELY-OWNED LANDS.

“xxx”

Sec. 9. Annual Report. - The Housng and Urban Development
Coordinating Council, the locel govemments through the Department of
Interior and Local Government, the Department of Justice, the Presidential
‘Commission for the Urban Poor, and. the Phitippine National Police shall submit
‘a detalled annual report with respect fo the implementation of this Act to the
Tresident and to the House’ of Representatives and the Senate of the
Congress of the Republic of the Phiippines through the House Committee on
Housing and Urban Development and the Senate Committee on Urbon

Planning, Housing. and Resetiement.

Sec. 10. funding. - The initia! funding requirement for the

implementation of this Act shall be charged against the current budget of

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the Housing and Urban Development Caordinating Council (HUDCC) and
thereaiter to be included in the annual General Appropriations Act:
Provided, That the National Housing Authority shall immediately set aside
funds for the resettiement of the victims under this Act: Provided, further, That
the National Home Mortgage Cefporation through the Social Housing and
nance Corporation shali ailocate any of is exising funds under the
Community Morigage Program {CMP) to immediately implement this Act
‘and therectier in the annual General Appropsiations Act.

Sec. 11. Implementing Rules and Regulations. - The Housing and Urban
Development Coordinating Council, Department of Justice, Depariment of
Interior and Local Government, and Presidential Commission for the Urban
Poor, in consultation with the Philippine National Police, shall promulgate the
implementing Rules and Regulations necessary to implement the provisions of
Sections 6 and 7 hereof and the Housing and Urban Development

Coordinating Council, Department: of interior and Local Government,

Presidential Commission for the Urban Poor, National Housing Authority, and
Social Housing Finance Corporation shall promulgate the Implementing Rules
and Regulaiions necessary to implement the provisions of Section 8 hefeof
within ninety {90] days from the approval of this Act.

Sec. 12. Separability Clause. - f any provision of this Act shall be held
unconstitutional or invalid, the other provisions not otherwise affected shall
remain in full force and effect.

Sec, 13. Repealing Clause. - Sections 3, 27, and 30 of Republic Act No.
7279 are hereby amended. All other laws, decrees, executive orders,

Page IIA


proclamations, rules and regulations and other issuances, or parts thereof,
which are inconsistent with the provisions of this Act, are hereby repecied.
amended, of modified accordingly

Sec. 14. Effectivity Clause. - This Act shail take effect fifteen [15) days
alter the completion of its publication in the Official Gazette or in at leas! wo
{2} national newspapers of general circulation.

Approved,

Page 14 of 34


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BNO, 2445

introduced by HON. MA. AMELITA A. CALIMBAS — VILLAROSA

EXPLANATORY NOTE

Presidential Decree No. 772 criminalizing the practice of squatting in a
sweeping manner was repealed in 1997 by Republic Act No. 8368 providing only
an exemption in cases of professional squatters and squatting syndicates
consistent with the provisions of Republic Act No. 7279 or the Urban Development
and Housing Act of 1992 (UDHA). Unfortunately, more than seven years after, we
have yet to see concrete benefits of such decriminalization,

Squatter colonies continue to mushroom with much greater pace all over
the mewopoiis, This utter disrespect for property rights of others often find support
from traaitional politicians who, instead of seriously implementing the provision of
summary eviction of professional squatters and squatting syndicates in the UDHA,
countenance such nefarious and illegal activities for fear of loosing potentially
fertile sources of much needed votes. The obvious purpose of separating the
grain from the shafi, so to speak, has not been served at all, rather, such
detmeation have paved the way for the sly to circumvent the jaw with impunity. It
is common knowledge that many resettlement areas have become homes not for
the urban poor but for those who take advantage of them.

The time has come to revisit Republic Act No. 8368 to evaluate the merits
and dements of a popular statute that purportedly upheld the rights of the less
fortunate but at the great expense of the equally important rights of real property
owners. A statute that has initially received much applause but appeared to have
lost stam in mid-air due precisely to the universal principle that a wrong cannot
be righted by another wrong, though the latter may be considered as one of lesser
evil

This bill will certainly be met with vigorous opposition but the will to do the
right thing should stand mighty, though fonely, until enlightenment dawns upon
society.

MA. AMELITA A. CALIMBAS - VILLAROSA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2145
HOUSE BILL NO. 145

introduced by HON. MA. AMELITA A. CALIMBAS — VILLAROSA
a Eee

AN ACT
AMENDING REPUBLIC ACT NO. 8368, OTHERWISE KNOWN
‘AS THE “ANTI-SQUATTING LAW REPEAL ACT OF 1997"

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress so assembled,

SECTION 1. This Act shall be known as the “Revised Anti-Squatting Law
of 2005".

SECTION 2. Section 4 of Republic Act No. 8368 is hereby amended to
Tead as follows:

Section 4. Effect on Republic Act No. 7279. — Nothing herein shali
be construed to nullify, eliminate or diminish in any way Section 27 of
Republic Act No. 7279 or any of its provisions relative to sanctions against
professional squatters and squatting syndicates. Provided, that any person
‘or group of persons who, with the use of force, intimidation or threat, oF
taking advantage of the absence or tolerance of the landowner, succeeds in
occupying or possessing the property of the latter against his will, and.
having received a written demand to either vacate or pay rent from said
landowner, shall refuse to do so within a period of ninety (20) days, shall be
considered a professional squatter within the purview of Republic Act No.
7273,

SECTION 3. This Act shall take effect thirty (30) days after its publication in
two (2) newspapers of national circulation,

Approved.


FOR

THRU

RE

DATE

bogh Mey'acsenté SA
Republic of the Philippines ALE GE THE DIREC TOR-C1S6 i>
HOUSE OF REPRESENTATIVES
Quezon City. Metro Manila

15™ Congress

1! Regular Session

THE HONORABLE SPEAKER

THE DEPUTY SECRETARY GENERAL
FOR COMMITTEE AFFAIRS

‘SPOT REPORT ON THE MEETING OF THE COMMITEE
ON HOUSING AND URBAN DEVELOPMENT HELD ON MARCH 23, 2011 AT
RVM CONFERENCE ROOM NOS. 1 & 2

23 MARCH 2011

eee

A. Approval of Committee Reports:

1

2

3

Committee report on thé substitute bill fo HB Nos. 154, 1161 & 3278 {Creation of A Local
Housing Board);

Committee report on HB No. 4101 in consolidation with HB No. 2145 (Ant-Professional
Squatiers and Squatting Racketeer/s or Syndicates Drive Reforms Act of 2011); and
Committee report on the substitute bill to HB Nos. 1041, 1818, 2907, and 3040
[Prescribing the Mechanisms to Facilitate the Disposition of Government Owned Lands
for Socialized Housing)

B. Deliberation on Measures:

1

HR No. 535 (Urging the Full Implementation of the Local Housing Program): HB No. 3512
{Amending the Comprehensive and integrated Shelter Financing Act to Implement
Free Housing Projects in Selected Uroan and Urbanizable Areas}; and Privilege speech
‘of Rep. Rodolfo Valencia re: Guidelines of the Local Housing Program

@. Major issues/positions and views aired

+ the National Housing Authority and the Housing and Urban Development
Coordination Council expressed their full support fo the foregoing measures,
suggesting that there is a need fo review the non-cost recoverable provision of
HB No. 3512 and lor the Department of Budget and Management to release the
remaining allocation for the Local Housing Program (LHP) which amounts to.
more than P2 Billion

«the National Housing Authority suggested fo amend the Comprehensive and
integrated Shelter Financing Act io accommodate parly-list representatives in
the allocation of LHP


b. Agreements reached/Decisions made

the committee requested the National Housing Authority to look inlo the

possibilty of utilizing the accrued interest of the LHP trust fund te augment the
Piocalion fer congressional districts in need of funds for relocation and
sesetilement

the committee deferred furtner Geliberation subject to the submission of o
position paper on the matter by and the appearance of o representative each
‘of the Department of Budget and Management ‘and the Department of Finance
in. a subsequent meeting that will be called for he PuTPOSS

2, HB Nos. 3188 and 3189 (Requiring Developers of Condominium Projects fo Develop an

Area t

for Socialized Housing); HB No. 3451 (Amending Section 18 of RA 7279}; and HB No.

437) (Amending Sections 18 and 21 of RA 7279 oF the UDHA to Include the Construction
of Education Facillties}

a. Major issves/positions and views ared

ali the agencies invited to the meeting. as well as the Subdivision and Housing
Developers Association, posed no objection to the passage of the proposed
measures with the exception of the Chamber of Real Estate and Builders
 eeodiafion which suggested instead the imposition of a new tax for socialzedt
housing oF the equitable distribution among developers of high-end real estaie
properties such as hotels, golf courses, ‘and resorts the burden of shouldering the
So requirement far developers to develop an ared for socialized housing

Rep. David Kho suggested that HB Nos. 3188 and 3189 be made applicable only
fo high-end condominium developers and not to low-end condominium
developers

b. Agreement reached/Decision mode

the Committee approved the dratting of a substitute bill on the proposed
measures

Prepared by: Noted by:
ME F.RENDON ATTY. MYTAYSAYUNA, JR.
Cammmitiee Secretory Service Dire

The Deputy Speaker The Executive Director. CAD

the Chazperson, Commitlee on Rules The Deputy Executive Director, CAD

The Secretary General The Service Director, CASS