HOUSE OF ‘REPRESENTAN ¢.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

REGISTRATION UNIT H

SEVENTEENTH (17) CONGRESS
BILLS AND INDEX SERMAGE

First Regular Session

HOUSE BILL, nol 60

Introduced by REP. JOSE CHRISTOPHER Y. BELMONTE

EXPLANATORY NOTE

The bill entitled, “An Act Establishing an On-Site, In-City or Near-City Policy in the
Provision of Resettlement Sites for Informal Settler Families in Accordance with the People's
Plan, Amending for this Purpose Republic Act. No. 7279, Otherwise Known as the ‘Urban
Development and Housing Act of 1992°,”” was originally filed during the 16th Congress as
House Bill No. 3195 by Rep. Luis Ferrer IV, and House Bill No. 3975 by Rep. Ibarra
Gutierrez III and Rep. Walden Bello. This bill was substituted by House Bill No, 5144. It
later passed on 3rd Reading and was transmitted to the Senate for appropriate action.

The Philippine C »vernment is mandated to initiate a program of land reform coupled
with securing affordable housing and basic services to the underprivileged. Article XIII on
Social Justice and Human Rights of the 1987 Constitution, explicitly provides thus:

“SECTION 9, ‘Phe State shall, by law, and for the common good, undertake, in
cooperation with the public sector, a continuing program of urban land reform and
housing which will make available at affordable cost decent housing and basic
services to underprivileged and homeless citizens in urban centers and resettlements
areas, It shall also promote adequate employment opportunities to such citizens, In the
implementation of such program the State shall respect the rights of small property
owners,”

ction 10,
demolished, ex

an or rural poor dwellers shall not be evicted nor their dwellings
et 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 chem and the communities where they are to be relocated.”

The Urban Development and Housing Act of 1992 provided a solution to the problem
of informal settlement. The new law gave homeless Filipinos housing through the combined
efforts of the government and the private sector. It also emphasized the need for providing
safe, accessible and permanent homes to families living in danger areas.

However, the passage of the Urban Development and Housing Act failed to address
the housing problem of the Philippines. As of 2015, there are almost 5.5 million Filipinos
who are homeless, Furthermore, a study by the University of Asia and Pacific predicts that by


2030 the housing backlog may reach up to 6.5 million.!

This problem on housing will only increase through time as our population continues
to grow. Recent estimates put the growth rate at 250, 000 per year. The 2015 year-end report
of the Housing and Urban Development Coordinating Council (HUDCC) showed that from
July 2010 to December 2015, only 894,569 families were given housing assistance.” If this
trend continues, the housing problem in our country will only continue to pile-up in the
coming years.

This shows the crucial issue of sustainability in the
programs as regards relocation of informal settlers.

ferent government housing

In 2011, the Aquino Government allocated Fifty Billion Pesos
(Php50,000,000,000.00) for a five-year resettlement program aimed to ensure safe and flood-
resilient permanent housing solutions for 104,219 informal settler families (ISFs) living in
‘dangerous areas’ in the National Capital Region. The main highlight of this program was the
Joint Memorandum Circular used as a major framework for the housing projects to be
undertaken.

The Joint Memorandum Circular signed by implementing government agencies is a
major milestone in achieving the sustainability needed for informal settlers. It adopted the
policy of on-site or, in situations where this is not possible, in-city or, if still not possible,
near city resettlement sites. It also added the adoption of a “People’s Plan” wherein the
community to be relocated actively participates in crafting their own proposal for relocation.

The adoption of an “on-site, in-city, near city” housing policy on resettlement
safeguards the access of informal settlers to their employment and their market for their
business. The standardization of the “People’s Plan” not only empowers the community but
also ensures a constant participation and partnership with informal settlers. Both of this
innovation will surely enhance the sustainability and the continuity of the resettlement
program.

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

AhidbneD

"http: //www.sunstar.com,ph/cebu/business/2015/07/10/housing-backlog-grows-250k-yearly-
418248

2http://www.hudcc.gov.ph/sites /default/files/styles/large/public/document/Accomp_July%20
2010%20t0%20December%202015-FINAL-2 pdf



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH (17") CONGRESS
First Regular Session

HOUSE BILL NO.L60

Introduced by REP. JOSE CHRISTOPHER Y, BELMONTE

AN ACT

ESTABLISHING AN ON-SITE, IN-CITY OR NEAR-CITY RESETTLEMENT
PROGRAM FOR INFORMAL LER FAMILIES IN ACCORDANCE WITH A
PEOPLE’S PLAN AND MANDATING RELOCATING LOCAL GOVERNMENT
UNITS TO PROVIDE OTHER BASIC SERVIC AND LIVELIHOOD.
COMPONENTS IN FAVOR OF THE RECIPIENT LOCAL GOVERNMENT UNIT,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279, AS AMENDED,
OTHERWISE KNOWN AS THE “URBAN DEVELOPMENT AND HOUSING ACT
OF 1992”

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

SECTION 1. Short Title, - This Act shall be known as the “On-site, In-City or Near-
City Resettlement Act”.

SEC. 2. Amendatory Provisions, ~ For purposes of this Act, the following provisions
of Republic Act No, 7279, otherwise known as the “Urban Development and Housing Act of
1992”, are hereby amended as follows:

(a) Section 3 of Republic Act No. 7279 is hereby amended to read as follows
EC. 3. Definition of Terms. ~ For purposes of this Act:
be 9

“(w) x x x; [and]

“(x) ‘Zonal Improvement Program or ZIP’ refers to the program of the
National Housing Authority of upgrading and improving blighted squatter areas
within the cities and municipalities of Metro Manila pursuant to existing statutes and
pertinent executive issuances|.];

“(Y) ‘ADEQUATE AND GENUINE CONSULTATION’ REFERS TO
THE STANDARD OF CONSULTATION WITH THE AFFECTED


INFORMAL SETTLER FAMILIES (ISFS) WHICH SHALL REQUIRE THE
FOLLOWING:

“(1) EFFECTIVE DISSEMINATION OF RELEVANT INFORMATION
AND DOCUMENTS INCLUDING LAND RECORDS, HOUSING BUDGET!
THE PROPOSED PLAN OR PROJECT, ALTERNATIVE HOUSING
OPTIONS, AND COMPREHENSIVE RESETTLEMENT PLAN:

“(2) REASONABLE TIME FOR THE PUBLIC TO REVIEW,
COMMENT AND OBJECT TO THE PROPOSED PLAN OR PROJECT;

«(3) PROVISION BY THE GOVERNMENT OR NONGOVERNMENT
ORGANIZATIONS OF LEGAL, TECHNICAL, AND OTHER ADVICE TO
AFFECTED PERSONS ON THEIR RIGHTS AND OPTIONS;

“(4) PUBLIC HEARINGS THAT PROVIDE AFFECTED ISFS AND
THEIR ADVOCAT WITH OPPORTUNITIES TO CHALLENGE THE
EVICTION DECISION OR PRESENT ALTERNATIVE PROPOSALS AND
TO ARTICULATE THEIR DEMANDS AND DEVELOPMENT PRIORITIE
AND

“(5) IN CASE NO AGREEMENT IS REACHED ON THE PROPOSA!

OF 1 CONCERNED PAR’ AN INDEPENDE
CONSTITUTIONAL AUTHORITY, SUCH AS A COURT OF LAW, SHOULD
MEDIATE, ARBITRA AS MAY BE APPROPRIATE;

SOS’ REFERS TO
NONGOVERNMENTAL ORGANIZATIONS Os), PEOPLE'S
ORGANIZATIONS (POS), COOPERATIVES, TRADE UNIONS,
PROFESSIONAL ASSOCIATIONS, FAITH-BASED ORGANIZATIONS,
MEDIA GROUPS, INDIGENOUS PEOPLES MOVEMENTS, FOUNDATIONS
AND OTHER CITIZEN'S GROUPS FORMED PRIMARILY FOR SOCIAL
AND ECONOMIC DEVELOPMENT TO PLAN AND MONITOR
GOVERNMENT PROGRAMS AND PROJECTS, ENGAGE IN POLICY
DISCUSSIONS, AND ACTIVELY PARTICIPATE IN COLLABORATIVE
ACTIVITIES WITH THE GOVERNMEN

“(AA) ‘IN-CITY RESETTLEMENT’ REFERS TO A RELOCATION
SITE WITHIN THE JURISDICTION OF THE CITY WHERE THE
AFFECTED ISFS ARE LIVING;

“(BB) ‘INFORMAL SETTLEMENTS’ REFERS TO:

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

“(2) UNPLANNED SE EMENTS AND AREAS WHERE HOUSING
IS NOT IN COMPLIANCE WITH EXISTING PLANNING AND BUILDING
REGULATIONS;

“(CC) ‘INFORMAL SETTLER FAMILIES’ COLLECTIVELY
REFERRED TO AS ISFS, REFERS TO FAMILIES LIVING IN INFORMAL
SETTLEMENTS AS THE LATTER IS DEFINED IN THIS ACT}

“(Z) ‘CIVIL SOC



“(DD) ‘NEAR-CITY RESETTLEMENT’ REFERS TO A
RELOCATION SITE IN A CITY OTHER THAN THE CITY OF THE
AFFECTED INFORMAL SETTLEMENTS: PROVIDED, HOWEVER, THAT
THE RELOCATION SITE IS ADJACENT TO THE CITY WHERE THE
AFFECTED ISFS HAVE THEIR SETTLEMEN

ORGANIZING, RESEARCH, ACCESS TO RESOURCES, AND
OTHER SIMILAR ACTIVITIES, AS DEFINED UNDER REPUBLIC ACT
NO. 8425, OTHERWISE KNOWN AS THE ‘SOCIAL REFORM AND
POVERTY ALLEVIATION ACT’ AND ORGANIZED AND OPERATED
EXCLUSIVELY FOR SCIENTIFIC, RESEARCH, EDUCATIONAL,
CHARACTER-BUILDING AND YOUTH AND SPORTS DEVELOPMEN’
HEALTH, SOCIAL WELFARE, CULTURAL OR CHARITABLE PURPOS
OR A COMBINATION THEREOF, AND NO PART OF THE NET INCOME
OF WHIC! H INURES TO THE Dee OF ANY PRIVA’ INDIVIDUAL

F) ‘OFF-CITY RESETTLEME)
eae D OUTSIDE AND NOT ADJACENT TO. “THE CITY
Ss
“(GG) ‘PEOPLE’S PLAN’ REFERS TO THE PLAN FORMULATED
NEFICIARY-ASSOCIATION, IN COORDINATION WITH THE
FOR THE URBAN POOR WITH OR
WITHOUT THE SUPPORT OF CSOS, WHICH SHALL CONTAIN A SITE
DEVELOPMENT PLAN, INCLUDING NONPHYSICAL DEVELOPMENT
COMPONENTS SUCH AS SELF-HELP HOUSING COOPERATIVE,
LIVELIHOOD, SELF-HELP DEVELOPMENT, AND CAPABILITY
BUILDING; AND

“(HH) ‘SOCIAL PREPARATION’ REFERS TO THE PROCESS OF
SHING SOCIAL, ORGANIZATIONAL, AND INSTITUTIONAL
is ICH NORMS AND MECHANISMS WILL:
TLER: TO COPE WITH CHANGES; AND (2) IN
WITH CONCERNED INSTITUTIONS AND
STAKEHOLDERS, ENCOURAGE THE SETTLERS NOT ONLY TO WORK
AMONG THEMSELVES FOR THE PURPOSE OF DRAWING UP AND
UNDERTAKING THEIR HOUSING RESETTLEMENT PROPOSALS BUT
ALSO TO ACTIVELY AND MEANINGFULLY PARTICIPATE IN HOUSING
RESETTLEMENT PROJECTS UNDERTAKEN IN THEIR BEHALF, THUS
RESOLVING COLLECTIVE ACTION PROBLEMS AMONG COMMUNITY
MEMBERS AND COORDINATION PROBLEMS WITH GOVERNMENT
AND OTHER ENTITIES.”;
(b) Section 23 of the same Act is hereby amended to read as follows:
“SEC. 23. Participation of PROGRAM Beneficiaries OR AFFECTED ISFS,
FORMATION OF BENEFICIARY-ASSOCIATION, AND FORMULATION AND
IMPLEMENTATION OF A PEOPLE'S PLAN. ~ The local government units, in



coordination with the Presidential Commission for the Urban Poor and concerned
government agencies, shall afford Program beneficiaries OR AFFECTED ISFs or
their duly designated representatives an opportunity to be heard and to participate in
the decision-making process over matters involving the protection and promotion of
their legitimate collective interests which shall include appropriate documentation
and feedback mechanisms. They shall also be encouraged to organize themselves
and undertake self-help cooperative housing and other livelihood activities] INTO
AN ASSOCIATION FOR ACCREDITATION AS BENEFICIARIES OR
AWARDEES OF OWNERSHIP RIGHTS UNDER THE RESETTLEMENT
PROGRAM, COMMUNITY MORTGAGE PROGRAM, LAND TENURE
ASSISTANCE PROGRAM, AND OTHER SIMILAR PROGRAMS IN
RELATION TO A SOCIALIZED HOUSING PROJECT ACTUALLY BEING
IMPLE! TED BY THE ATIONAL GOVERNMENT OR BY THE
LOCAL GOVERNMENT UN . They shall assist the government in preventing
the incursions of professional squatters and members of squatting syndicates into
their communities.

“In instances when the affected beneficiaries have failed to organize themselves or

form an [alliance] ASSOCIATION within a reasonable period prior to the
implementation of the program or projects affecting them, consultation between the
implementing agency and the affected beneficiaries shall be conducted with the
assistance of the Presidential Commission for the Urban Poor and the concerned
nongoyernment organization UNTIL AN ASSOCIATION IS FORMED IN
PLA

"THE ASSOCIATION, IN COORDINATION WITH THE
PRESIDENTIAL COMMISSION FOR THE URBAN POOR WITH OR
WITHOUT THE SUPPORT OF CSOS, SHALL FORMULATE A ‘PEOPLE'S
PLAN’ THROUGH A PROCESS OF CONSULTATION WHICH SHALL
CONTAIN A SITE DEVELOPMENT PLAN, INCLUDING
NONPHYSICAL DEVELOPMENT COMPONENTS SUCH AS SELF-HELP
HOUSING COOPERATIVE, LIVELIHOOD, SELF-HELP
DEVELOPMENT, AND CAPABILITY-BUILDING TRAININGS.

“THE ASSOCIATION, WITH THE ASSISTANCE OF CSOS AND
GOVERNMENT AGENCIES INCLUDING THE NATIONAL ANTI-
POVERTY COMMISSION (NAPC), PRESIDENTIAL COMMISSION FOR
THE URBAN POOR, NATIONAL HOUSING AUTHORITY, CITY OR
MUNICIPAL SOCIAL WELFARE AND DEVELOPMENT OFFICE, SOCIAL
HOUSING FINANCE CORPORATION, LOCAL GOVERNMENT UNITS,
AND OTHER RELEVANT AGENCIES OF GOVERNMENT, SHALL AGRI
ON, DEVELOP, AND IMPLEMENT THE PEOPLE’S PLAN.

“IN ACCORDANCE WITH THE PROTECTION GUIDELINES
PROVIDED UNDER SECTION 28 OF THIS ACT, A RELOCATION ACTION
PLAN SHALL BE AN INDISPENSABLE COMPONENT OF THE PEOPLE’S



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38
39
40
41
42

PLAN. THE RELOCATION ACTION PLAN SHALL INCLUDE THE
FOLLOWING OBJECTIVES:

“(A) ENSURE SAFE, AFFORDABLE, DECENT, AND HUMANE
CONDITION OF RELOCATION, INCORPORATING THEREIN
APPROPRIATE DISASTER RISK REDUCTION MANAGEMENT AND
CLIMATE CHANGE ADAPTATION STANDARDS;

“(B) PROVIDE ADEQUATE SOCIAL PREPARATION; AND

“(C) PREVENT FORCED EVICTION:

PROVIDED, THAT PRIMARY CONSIDERATION SHALL BE GIVEN TO
THE HOUSING FINANCIAL SCHEME SUGGESTED IN THE PEOPLE’S
PLAN.”;

(c) Section 26 of the same Act is hereby amended to read as follows:

“SEC. 26. Urban Renewal and Resettlement, ~ [This] URBAN RENEWAL AND
RESETTLEMENT ‘hall include the rehabilitation and development of blighted and
slum areas and the resettlement of Program beneficiaries in accordance with the
provisions of this Act. On-site development shall be implemented [whenever
possible] AFTER) ADEQUATE AND GENUINE CONSULTATION
WITH THE AFFECTED ISFS, AND IN ACCORDANCE WITH
THE PEOPLE’S PLAN FORMULATED PURSUANT TO
SECTION 23 OF THIS ACT, in order to ensure minimum movement of
occupants of blighted lands and slum areas

“[The] WHERE DEMOLITION OR EVI ION IS ALLOWED IN THE
AREA OCCUPIED BY THE PROGRAM BENEFICIARIES PURSUANT TO
‘TE RESETTLEMENT CANNOT BE
UND! RTAKEN BY REASON TH! F, THE IN-CITY resettlement of the
beneficiaries of the Program from their existing places of occupancy shall be

undertaken only [when on-site development is not feasible and] after compliance
With the procedures ‘aid down in [Section 28 of this Act] THE SAME SECTION
OF THIS ACT AND IN ACCORDANCE WI HE PREFERENCE OF THE
AFFECTED ISFS IN pun PEOPL PLAN.

“SHOULD IN EASIBLE, NEAR-CITY
RESETTLEMENT, SHALL BE CONSIDERED. OFF-CITY RESETTLEMENT
SHALL ONLY BE RESORTED TO WHEN DIRECTLY REQUESTED BY
THE AFFECTED ISFS THEMSELVES, AND. MUST SATISFY THE
REQUIREMENTS OF ADEQUATE AND GENUINE CONSULTATION
PRIOR TO RELOCATION.”; and

(@) Section 29 of tie same Act is hereby amended to read as follows:

“SEC. 29. Resettlement. Within two (2) years from the effectivity of this Act, the
in coordination with the National Housing Authority, shall
implement the relocation and resettlement of persons living in danger areas such as
esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in
other public places ‘such as sidewalks, roads, parks, and playgrounds. The local

local government uri



43
44

government unit, in coordination with the National Housing Authority, shall provide
relocation or resettlement sites with basic services and facilities and access to
employment and livelihood opportunities sufficient to meet the basic needs of the
affected families.

“IN INSTANCES WHEN THE RELOCATION OR RESETTLEMENT SITE
IS LOCATED IN ANOTHER LOCAL GOVERNMENT UNIT, THE LOCAL
GOVERNMENT UNIT THAT IMPLEMENTS THE RELOCATION OR
RESETTLEMENT AND THE CONCERNED NATIONAL GOVERNMENT
AGENCIES SHALL, THROUGH A MEMORANDUM OF AGREEMENT,
PROVIDE THE OTHER BASIC SERVICES AND FACILITIES
ENUMERATED UNDER SECTION 21 OF THIS ACT TO THE RECIPIENT
LOCAL GOVERNMENT UNIT WHERE THE RELOCATION OR
RESETTLEMENT SITE IS LOCATED,

“THE HOUSING AND URBAN DEVELOPMENT COORDINATING
COUNCIL AND THE DEPARTMENT OF FINANCE - BUREAU OF LOCAL
GOVERNMENT FINANCE SHALL FORMULATE THE IMPLEMENTING
RULES AND REGULATIONS ON THE COST-SHARING MECHANISM
SCESSARY TO FULLY IMPLEM THE PROVISION OF SUCH
OTHER BASIC SERVICES AND FACILIT

“IN ADDITION TO THE FUNDING SOURCES PROVIDED UNDER
“TION 42 OF THIS ACT, THE ALLOCATION FOR THE BASIC
RVICES AND FACILITIES MAY BE TAKEN BY THE LOCAL

GOVERNMENT UNIT IMPLEMENTING THE RELOCATION OR

RESETTLEMENT FROM THE TWENTY PERCENT (20%) OF THE

INTERNAL REVENUE ALLOTMENT — APPROPRIATED — FOR

DEVELOPMENT PROJECTS AS MANDATED UNDER SECTION 287 OF

REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE ‘LOCAL

GOVERNMENT CODE OF 1991’.”

SEC. 3. Implementing Rules and Regulations. - The principles, policies and
provisions of this Act shall be incorporated in the National Shelter Program

‘The Housing and Urban Development Coordinating Council and the Department of
the Interior and Local Government, in consultation and coor tion with appropriate
government agencies, CSOs, NGOs, representatives from the private sector, and ISFs, shall
promulgate a new set of implementing rules and regulations within sixty (60) days from the
effectivity of this Act. The implementing rules and regulations shall be consistent with the
provisions of this Act, particularly with the amendments, parameters, and standards
introduced to Sections 23, 26, and 29 of the “Urban Development and Housing Act of 1992”,
and shall include the following:

(a) A People’s Plan template to guide ISFs in the development of their own People’s
Plan: Provided, That such template shall be a complete pro forma People’s Plan: Provided,
however, That such a template shall be used to benchmark the minimum standards in a
People’s Plan; and

(b) A guide to effective implementation of the People’s Plan, including details on the
necessity of the issuance of internal memoranda by concerned agencies,



wre

euane

10
11
12
13

‘The implementing rules and regulations issued pursuant to this section shall take
effect thirty (30) days after its publication in two (2) national newspapers of general
circulation.

SEC. 4. Repealing Clause. ~ All laws, decrees, executive orders, proclamations, rules
and regulations, and other issuances, or parts thereof which are inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly

SEC. 5. Separability Clause. ~ If, for any reason, any part, section or provision of this
‘Act is held invalid or unconstitutional, the remaining provisions not affected thereby shall
continue to be in full force and effect.

SEC. 6. Effectivity, - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation

Approved,