Republic of the Philippines
HOUSE OF REPRESENTATIVES of

Quezon City . se

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1337

Introduced by: HON. AMADO S. BAGATSING

EXPLANATORY NOTE

It has been observed that during rainy -season, the Metro Manila
Development Authority (MMDA) aggressively keeps track of locating lost es/eros
within Metro Manila to pinpoint possible danger areas. In order to avoid disasters
from happening, demolition of houses along the danger areas are resorted 10. AS
result, thousands of families are displaced by such demolitions. To make matters
worse, these families have been found to be relocated from one danger area to another
danger zone, in many cases from the esteras to the sidewalks or alongside roads, or
inside parks, playgrounds and other public places.

AS a protection to Filipino citizens, our 1987 Constitution under Section 10,
Article XIE, provides that: “Urban or rural poor dwellers shall not be evicted nor
their dwellings demolished, except in accordance with law and in a just and humane
manger.”

Despite this constitutional provision, it is apparent that our local government is
not fully aware of said policy since the implementation of the law is rather confusing
We find the law providing social justice for the underprivileged and homeless citizens
of the State on one hand, while on the other, eviction and demolition of these citizens
is resorted to when expediency arises. Somehow the public has learned to accept the
measure since they find that under this situation. these shanties have to be removed in
order to clear the passage or flow of water and to avoid flooding from happening,

However, it is not to be said that Congress has been remiss in its
esponsibility. To address this situation, Congress passed into law Republic Act
7279, or the Urban Development and Housing Act (UDHA) of 1992. Under Si
29 of this Act, the provision states that: “The local government units, in coordination
with the National Housing Authority, shall implement the relocation and resettlement
of persons living in danger areas and 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.” Another
Jaw passed by Congress is Republic Act No. 7835 or the Comprehensive Integrated
Shelter Finance Act (CISFA) of 1994 which states under Section 4-a that: “the
program shall involve land acquisition and site development by the National Housing
Authority to generate serviced homelots for families displaced from sites earmarked



for government infrastructure projects, those occupying danger arcas such as
waterways, esieros, railroad tracks, and those qualified for relocation and resettlement
assistance under RA 7279.”

In the course of time, the above provisions were not implemented effectively
by government since the needs of the displaced families were not properly met, In
particular, the relocation sites did not offer any employment and livelihood
opportunities hence they had to return back to the city to seek work. Under this
situation, it is about time that Congress review this policy and provide for the
necessary assistance to the urban poor relocates,

Statistical data gathered reveal that approximately 12,082 families within
Metro Manila have been affected by infrastructure projects of the government, while
126,320 families have been found to be living in danger areas. ‘The breakdown of
these families living in danger areas is as follows:

1 Esteros 14,132 families

Z Road right of way 11,340 families

3. ‘Waterways 67,949 families

4. ‘Transmission lines 14,072 families

on MWSS 3,014 families

6. Dump Site 767 families

z. Market place 1) fami

8 ‘Near airport 2,821 fami

9 Areas for Priority Development 12,714 families
Total 126,320 families

The number of affected families living in danger areas speak for itself. Unless
measures are taken to eliminate the reasons that drive them back to the danger areas
this problem will keep on recurring. Immediate funding assistance to provide reliel
for the needs of the displaced underprivileged families and homeless citizens through
the establishment of resettlement centers, home sites, or town sites is much desired.

This bill will seek to provide the solutions to the much needed assistance to
these homeless poor. It is therefore urgently requested that this bill be immediately

approved.
Was

AMADO S. BAGATSING


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1337

HOUSE BILL NO.

Introduced by HON. AMADO S. BAGATSING

AN ACT

PROVIDING FOR THE SETTLEMENT, AID, AND REHABILITATION
SERVICES FOR THE UNDERPRIVILEGED AND HOMELESS CITIZEN

._ AFFECTED BY THE DEMOLITION OF HOUSES/DWELLINGS ALONG
DANGER AREAS SUCH AS ESTEROS, GARBAGE DUMPS, RIVERBANKS,

SHORELINES, WATERWAYS, AND OTHER PUBLIC PLACES SUCH AS

SIDEWALKS, ROADS, PARKS, AND PLAYGROUNDS AS WELL AS THE
VICTIMS OF DISA‘ AND CALAMITIES AND THOSE AFFECTED BY
GOVERNMENT INFRASTRUCTURE PROJECTS IN METRO MANILA AND

FOR OTHER PURPOSES

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

ction |. Declaration of Policy. — It is hereby declared the policy of the State to

n urban areas adversely aflected by the

Se

assist the underprivile;

ed and homeless citize1
demolition of houses/dwellings along danger areas such as esteros, garbage dumps,
riverbanks, shorelines, waterways and other public places such as sidewalks roads, parks,
and playgrounds as well as the victims of disasters and calamities and those affected by

government infrastructure projects.
is Act is intended to help

Sec. 2. Statement of Objectives and Guidelines. —

the underprivileged and homeless citizens who suffered damages resulting from the
demolition in or the clearing up of the danger areas such as esteros, garbage dumps,
riverbanks, shorelines, waterways, and other public places such as sidewalks, roads,
parks and playgrounds as well as the victims of disasters and calamities and those

affected by government infrastructure projects in Metro Manila. It aims to provide funds
and homeless citizens

for the immediate relief of the displaced underprivileged fami

through the establishment of resettlement centers, home sites, or town sites, whether off


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site or beneficiary-led, through the Community Mortgage Program or other socialized
housing programs.

Sec, 3. Guidelines in the Allocation of Funds. - Government finds and
resources shall be spent effectively in consonance with the principle of providing the
greatest good for the greatest number. Accordingly, the following guidelines shall be
observed in allocating the funds made available for the implementation of this Act.

a. Funds shall be allocated exclusively for the underprivileged and homeless

citizens affected by the demolition of their houses/dwellings in Metro Manila;

b. Funds shall be exclusively for relocation or resettlement sites that will be
ite under the Community Mortgage Program of the

beneficiary-led or off.

Social Housing Finance Corporation or under the other socialized housing

programs of other agenci
c. Funds shall, when necessary, be for the construction of basic services and

facilities such as schools and health centers as well as roads or access to

employment and livelihood opportunities sufficient to meet the basic needs of
the affected families; and

d. In no case shall any portion of the sum herein appropriated be used in
payment of any subsisting obligation contracted before the passage of this
Act.

4. Appropriations. ~ The amount necessary for the implementation of this

‘Act shall be included in the Annual General Appropriations Act of the current year and
thereafter until such time that the total requirements for this purpose shall have been
implemented,

Sec. 5. Determination of Beneficiaries and Projects. ~ ‘The O!
President through the Housing and Urban Development Coordinating Council (HUDCC),
in consultation with the Metro Manila Inter-Agency Committee (MMIAC) and the Local

eof the

Government Unit as bost site, shall assist in the resettlement of beneficiaries through a

beneficiary-led or off-site Community Mortgage Program or other socialized housing

tion with the

programs, The Presidential Commission for the Urban Poor, in coordi
shall take the census of beneficiaries

MMIAC and the Local Government Unit concerned, s
and cross-check the same with the census of the National Housing Authority (NIIA).

Sec. 6. Alpha Listing of Beneficiaries. - ‘The HUDCC, in coordination with the
ies covered under this Act.

MMIAC, shall produce an alpha listing of the benelici


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Sec. 7. Rules and Regulations. ~ The HUDCC, in coordination with the MMIAC,

shall, within thirty (30) days from the approval of this Act, issue the necessary rules and
regulations for the effective implementation of this Act.
Sec. & Penalty Clause. — Any person or persons who shall take advamage of the

ing in the

situation for undue personal and private gain by committing an act of profite

tation in the

purchase of lots or materials, or by committing an act of misrepresé
documentation, or by falsifying reports, shall be imposed the penalty of not more than six
(6) years of imprisonment or a fine of not less than five thousand pesos (P5,000.00) but
not more than one hundred thousand pesos (P100,000.,00). Any other illegal act that may
be committed in relation thereto shall be prosecuted to the full extent of the law.

Sec. 9. Separability Clause. — If any provision of this Act shall be beld
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full

* force and effect.

Sec. 10, Repealing Clause. ~ Any law, decree, rules and regul

inconsistent with or contrary to the provisions of this Act are hereby amended or repealed

ns which are

accordingly.
See. II. Bpfectivity Clause, ~ This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,