Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.5147

Introduced by
ANAKALUSUGAN REPRESENTATIVE MICHAEL T. DEFENSOR

AN ACT CREATING THE NATIONAL COMMISSION FOR THE URBAN POOR
AMENDING EXECUTIVE ORDER 82 OF 1986, AS AMENDED, WHICH CREATED
THE PRESIDENTIAL COMMISSION FOR THE URBAN POOR, APPROPRIATING

FUNDS THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The State has tried to address the needs of the urban poor through the creation of Presidential
Commission for the Urban Poor under the leadership of then President Corazon C. Aquino
through EO 82 in 1996 which was strengthened by EO 69 during the time of President
Benigno Aquino with the defined functions such as:

1. Formulation of policy recommendations;

2, Setting up of consultative mechanisms between the government and the urban poor
sector;

3. Accreditation of urban poor organization;

4, Facilitating of the convergence of various agencies in providing services for the urban
poor like social preparation ns, pre-demolition conferences, and different economic
interventions.

Despite such measures, the service delivery for the sector was not enough. Hence, the
institutionalization of the PCUP and strengthening its powers through the passage of a
National Commission for the Urban Poor (NCUP) will definitely address the policy gaps for
the urban poor. This proposed measure will introduce the following:

Social preparations in resettlement and relocation of the urban poor;

2. Amendments to some provisions of RA 7279 (UDHA Law) that will conform with the
present challenges of the urban poor sector;

3. Institutionalization of new programs and activities of the commission particularly on

the forthcoming shift of the political system of the government towards full

decentralization and federalization.

As the forefront agency in the fight for the eradication of poverty and providing services for
the most marginalized sector it is but just that we strengthen this vehicle that brings the


government nearer to the people. With this proposed measure, the realization of a
LIPUNANG WALANG MARALITA will be made possible.

Hence, the approval of this bill is eamestly sought.

ANAKALUSUGAN PARTYLIST


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 5147

Introduced by
ANAKALUSUGAN REPRESENTATIVE MICHAEL T. DEFENSOR:

AN ACT CREATING THE NATIONAL COMMISSION FOR THE URBAN POOR
AMENDING EXECUTIVE ORDER 82 OF 1986, AS AMENDED, WHICH CREATED
THE PRESIDENTIAL COMMISSION FOR THE URBAN POOR, APPROPRIATING

FUNDS THEREFOR AND FOR OTHER PURPOSES

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

SECTION 1. TITLE. - This act shall be known as "The National Commission for the Urban
Poor of 2019".

SECTION 2. DECLARATION OF POLICY. - The State acknowledges that to focus the
government efforts to alleviate the plight of the urban poor, there is a need to establish a
government agency which shall serve as a direct link of the urban poor to the government in
policy formulation and_program implementation addressed to their needs.

SECTION 3. COMPOSITION AND TERM OF OFFICE. The National Commission for the
Urban Poor is hereby created and shall be composed of:

a. AChairperson who will act as the Chief Executive Officer; and

b. Four Commissioners representing the National Capital Region, Luzon, Visayas, and
Mindanao; and

c. An Executive Director

The chairperson and commissioners shall have a term of office of three (3) years who shall all
be appointed by the President of the Philippines from among the list of nominees submitted by
a duly organized and accredited urban poor organization or institutions with national or
regional constituencies.

The Chairperson shall have the rank and privileges of a department undersecretary while the
appointive Commissioners shall have the rank and privileges of assistant secretaries of a
department. The Chairperson and the Commissioners are subject to a one-time reappointment
of three (3) years.

A Commissioner who shall replace the Chairperson shall only serve the unexpired portion of
the term of the Chairperson replaced and shall likewise be subject to the one-time
reappointment limit for the former's original term.

Any person who shall replace the Chairperson or any of the Commissioners shall serve only
the unexpired term of the person replaced.


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The Commissioners will directly supervise and be held accountable for the operations and
activities of the Regional Centers/ Field Operations Division. The Executive Director shall be
appointed by the Chairman of the Commission and to be concurred in by all the Commissioners
for a term of one (1) year subject to yearly re-appointment.

SECTION 6. QUALIFICATIONS - The Chairperson and Commissioners must be natural born.
citizens of the Philippines, have occupied positions of responsibility and leadership in duly
registered or affiliated urban poor organization or institution serving the interest of the sector;
with good moral character, and have not been convicted of any crime involving moral
turpitude.

In addition, a Commissioner a resident of the FOD / Regional Center for not less than two years
immediately preceding the day of appointment.

The Executive Director must possess the following qualifications:

a. Executive and management experience of at least three (3) years and with
considerable exposure to the urban poor sector, programs and project management.
b. Must possess qualifications, ranks and privileges of a Bureau Director IV.

SECTION 7. OBJECTIVES, POWERS, AND FUNCTIONS OF THE COMMISSION. - The
National Commission for the Urban Poor shall have the following functions and
responsibilities:

a. Tocoordinate the speedy implementation of government policies and programs for
the urban poor;
b. To set up a consultative mechanism which shall provide a forum for continuing

dialogue between the government and the urban poor on the proper planning and
evaluation of programs and projects affecting them;

c. To aceredit legitimate urban poor organizations for purposes of representation in
the formulation of recommendations to the President;
d. To review existing legislation, policies and programs of the government relating to

the Urban Poor, in consultation with the latter, and recommend appropriate actions
thereon to the President;

e.  Toevaluate post and ongoing shelter-related projects of the government in squatter
and resettlement areas in consultation with beneficiary communities, and
recommend appropriate action therein to the President;

f. To help coordinate the various activities and services being rendered by different
government organizations for the urban poor;

g. To plan and monitor programs and projects for the development of urban poor
communities in coordination with agencies involved.

h, To request the assistance of any ministry, bureau, office or agency in the

performance of its functions;

i. To facilitate the funding of urban poor programs and projects both from foreign and
domestic fund sources; and

j. Shall directly handle all Social Preparations on government projects (Local and
National Agencies) on matters affecting the urban poor sector. An automatic
appropriation of 2% project cost shall be allocated for social preparations.
Part of the strengthening of the powers of NCUP is amending certain provisions of
RA 7279 UDHA LAW and recommending that the Commission be part of inter-
agency formation, as follows:

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1, Framework for Rational Development. The NCUP National Commission for
the Urban Poor shall be included in formulating the National Urban
Development and Housing Framework aside from the HLURB, HUDCC and
LGUs.

2. Identification of Sites for Socialized Housing. Together with the LGU, in
coordination with the NHA, HLURB, National Mapping Resource Information
Authority, and the Land Management Bureau, the NCUP will be added as new
inter-agency member that shall identify lands for socialized housing and
resettlement needs.

3. Modes of Land Acquisition. The NCUP shall be included as member agency
aside from NHA and LGU in terms of modes of acquiring lands.

4, Balanced Housing Development. There should be a project team that will

irectly monitor the compliance of it. The monitoring team shall be composed
of ISF groups that are directly affected, LGU and representative from the
Commission.

5. Basic Services. The NCUP shall act as a monitoring agency in resettlement
areas were basic services are being provided by the LGU and NHA to include
potable water; power / electricity; sewerage facilities and solid waste disposal
system; access to primary needs and transportation facilities.

6. The Commission shall directly handle and determine the off-site resettlement
and relocation whether temporary or permanent.

k. The Commission shall coordinate with the DENR in taking measures that will plan
and regulate urban activities for the conservation and protection of vital, unique and
sensitive ecosystem, scenic landscapes, cultural sites and other similar resource

areas.

1. The Commission is hereby authorized to directly purchase and acquire land to be
used for socialized housing.

m. The Commission shall be authorized to directly fund livelihood projects for Urban
Poor Settler Families.

n. The Commission shall directly promote the concept of "TOWNSHIP" or
"RESETTLEMENT SITES" within economic zones.

. The NCUP shall serve as an intermediary agency of the Urban Poor Sector with
agencies whose mandate and service is providing food and security.

p. The Commission shall call a yearly URBAN POOR SUMMIT as part of its
mechanism in addressing the concern of the sector.

q. To perform such other functions as may be authorized by the President of the
Philippines.

SECTION 8, THE URBAN POOR DEVELOPMENT FRAMEWORK. - The Commission
shall formulate a national policy which shall be the comprehensive approach by the national
and local governments in promoting 1) participatory governance, 2) building capacities of the
urban poor, 3) promoting environmental sustainability, 4) preparedness and resiliency to
disasters and climate change adaptation, and 5) enabling reforms and linkages. The Urban Poor
Development Framework shall be subject to the approval by the President and shalll reviewed


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ona three (3)-year interval, or as may deemed necessary, in order to ensure its relevance to the
times.

SECTION 9. STRUCTURE OF THE COMMISSION. -

‘A. Each Commissioner shall head one FOD / Regional D
follow:
‘* National Capital Region (NCR)
* Luzon
Visayas
‘* Mindanao
B. Division in each FOD / Regional Center. —
1. Information and Communication Division. —

1.1. The division head will occupy a Directoria! II position and in cases no
one is qualified to occupy a directorial level, an OIC shall be appointed
subject to the rules of the Civil Service Commission.

1.2. Composi

* Training Academy — | Unit Head
* Media Relations — 1 Unit Head
* Events Relation — 1 Unit Head

2. Research, Policy, Database / Data Analysis Center. -

2.1 The division head will occupy a Directorial II position and in cases no
one is qualified to occupy a directorial level an OIC shall be appointed
subject to the rules of the Civil Service Commission.

2.2 Composition. -
© Social Preparation Evaluation Unit — 1 Unit Head
© Research Unit — 1 Unit Head

. Data Gathering / Data Base Analysis — 1 Unit Head
3. Resettlement / Relocation Division. -

3.1 The division head will occupy a Directorial II position and in cases
no one is qualified to occupy a directorial level, an OIC shall be
appointed subject to the rules of the Civil Service Commission.

3.2 Composition. -
© Corporate Social Responsibility — 1 Unit Head
© Livelihood / Economic Intervention — 1 Unit head
‘© Site selection / monitoring / inspection / evaluation / assessment
— 1 Unit Head

4, Legal Division. -

4.1 The division head will occupy a Directorial II position and in cases
no one is qualified to occupy a directorial level, an OIC shall be
appointed subject to the rules of the Civil Service Commission.

4.2 Composition. -


BDEBEESweavanewne

NRREBSRSSESS

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Pre Demolition Legal Unit — 1 Unit Head
Peoples Action Center — 1 Unit Head
‘© Monitoring of Professional Squatters — 1 Unit Head
‘© Monitoring of False Land Titles — 1 Unit Head
5. Administration / Finance. -
5.1 The division head will occupy a Directorial II position and in cases no
one is qualified to occupy a directorial level, an OIC shall be appointed
subject to the rules of the Civil Service Commission.
5.2 Composition. —
‘* HR Personnel — 1 Unit Head
‘* Accounting — 1 Unit Head
‘© Cash— 1 Unit Head
* Records — 1 Unit Head
* GSU- 1 Unit Head
6. External Affairs. -
6.1 The division head will occupy a Directorial II position and in cases no
one is qualified to occupy a directorial level, an OIC shall be appointed
subject to the rules of the Civil Service Commission.

62 Composition

Inter-Agency Liaison office, National Office ~ 1 Unit Head

Local Government Units Liaison — 1 Unit Head

Legislative Liaison Unit — 1 Unit Head

Office of the President / Cabinet Secretaries Liaison Unit 1 Unit

Head

© Urban Poor Organizations Liaison Unit - 1 Unit Head Office of
Participatory Governance Liaison - 1 unit Head

SECTION 10. APPROPRIATIONS. -The Commission shall be allocated with the budget of
THREE HUNDRED MILLION PESOS (PhP 300,000,000.00) from the National Treasury
starting from the effectivity of this Act.

Thereafter, the amount needed for the operation and maintenance of the Commission shall be
included in the annual General Appropriations Act: Provided, that operating expenses of the
Commission itself shall not exceed fourteen percent (14%) of the annual appropriation and that
at least eighty six percent (86%) of said annual appropriation shall be disbursed for the
development program, projects and activities.

SECTION 11. TRANSFER OF ASSETS. - Assets, properties and funds of Presidential
Commission for the Urban Poor under the Office of the President pursuant to Executive Order
No. 82, series of 1987 shall be transferred to the National Commission for the Urban Poor.

SECTION 12. EFFECT OF SEPARATION AS A RESULT OF THIS ACT. - Any official or
employee of the Presidential Commission for the Urban Poor created under Executive Order
No, 82 Series of 1987 and Executive Order 69 Series of 2012 separated from the service as a
result of the operation and effect of this Act may be absorbed, if qualified, by the Commission
for the good of the service, or where qualified therefor, may opt to transfer to another office or
elect to apply for separation pay or retirement benefits: Provided, That the official or employee
who may be absorbed by the Commission shall not suffer any loss or diminution of pay,

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seniority or rank: Provided further, That benefits for separation or retirement of an official or
‘employee of the Presidential Commission for the Urban Poor shall be derived from the funds
of said Commission transferred to the National Commission for the Urban Poor.

SECTION 13. PRESIDENTIAL LAND GRANT. - The provisions of any existing law to the
contrary notwithstanding, the President may, upon the authority of Congress, grant by
donation, sale, lease, or otherwise to the Commission, portion of the land of the public domain
as may be necessary for the establishment of urban poor development and training centers in
all regions of the country and for the accomplishment of any of its purposes.

SECTION 14. TAX DEDUCTION OR EXEMPTION OF DONATIONS AND
CONTRIBUTIONS. — Any donation, contribution, bequest and grant which may be made to
the Commission shall constitute as allowable deduction from the income of the donor for
income tax purposes and shall be exempt from donor's tax, subject to such conditions as
provided under the National Internal Revenue Code, as amended.

SECTION 15. SEPARABILITY CLAUSE. If for any reason or reasons, any part or provision
of this Act shall be held to be unconstitutional or invalid, other parts or provisions thereof not
affected thereby shall continue to be in full force and effect.

SECTION 16. REPEALING CLAUSE. - Executive Order No. 82, series of 1986, Executive
Order 69 series 2012 and all other laws, decrees, rules and regulations, other issuances or parts
thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 17. EFFECTIVITY CLAUSE. - This Act shall take effect upon its publication in at
least one (1) national newspaper of general circulation