REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8029

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

‘The poorest of Filipinos are ignominiously subjected to a life of squalor inside their
barung-barong—houses which are poorly constructed and at best are temporary one-room
shelters. Inside these decrepit structures, families endure the sweltering heat, the extremely
unsanitary conditions, and various natural or man-made hazards, which, had they been provided
safer and high-quality housing, they would have been protected from.

In a 2015 survey sponsored by the World Food Programme, it was revealed that most
poor households, if not shanties, are made of light and cheap materials. 44% of households
among the poorest provinces were barung-barong types, while 47% were poorly constructed
semi-permanent or temporary houses. The rest are made of light and cheap materials. Most of the
surveyed houses were unpainted, dilapidated, or in need of repair. Many of them are located in
slum districts or rural areas.

Given this unfortunate reality, the Government is hard-pressed to find effective solutions
to address the severe lack of affordable and high-quality housing for Filipinos in dire need. It
must ensure the protection, promotion, and fulfillment of the right to adequate housing as a
‘component of the people’s right to an adequate standard of living—concomitant with the goal of
enhancing the resiliency of communities to disasters.

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

ARY C.
Representative
Magdalo Para sa Pilipino Party-List

|ANO


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. 8029

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
INSTITUTING A NATIONAL COMPREHENSIVE FRAMEWORK ON RESILIENT
HOUSING AND HUMAN SETTLEMENTS, APPROPRIATING FUNDS THEREFOR
AND FOR OTHER PURPOSES:

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

SEC. 1. Short Title.- This Act shall be known as the “Resilient Housing and Human
Settlements Act of 2018.”

SEC. 2. Declaration of Principles and State Policies.- Pursuant to Article 2, Sections 5
and 11 of the Philippine Constitution which states that the maintenance of peace and order, the
protection of life, liberty, and property, and the promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of democracy; the State values the dignity of
every human person and guarantees full respect for human rights.

To protect, promote, and fulfill the right to adequate housing as a component of the
people’s right to an adequate standard of living- concomitant with the goal of enhancing the
resiliency of communities to disasters- the State shall undertake, in cooperation with the private
sector, a comprehensive and continuing Resilient Housing and Human Settlements Program,
which shall, among other things, lay out a clear and concrete plan to ensure that Filipinos who
will experience disasters will be quickly rehabilitated in safe, secure, and sustainable housing,
with attendant basic service and access to livelihood.

‘As a state party to United Nations International Covenant on the Economic, Social and
Cultural Rights (ICESCR) and the UN Sustainable Development Goals, we will pursue
Sustainable Development Goal 11 (Make cities inclusive, safe, resilient and sustainable) and the
Rights-Base Approach.

Pursuant to Article 13, Section 16 of the Philippine Constitution, the right of the people
and their organizations to effective and reasonable participation at all levels of social, political,
and economic decision-making shall not be abridged. The State shall, by law, facilitate the
establishment of adequate consultation mechanisms.

It is the policy of the State to complement and supplement the provisions of the
Philippine Disaster Risk Reduction and Management Act of 2010 (Republic Act No. 10121), and
in consonance with the Climate Change Act of 2009 (as amended by Republic Ac No. 10174)
and other existing laws related to climate change adaptation and DRRM in relation to upholding
the people’s constitutional rights to life and property by addressing the root causes of
vulnerabilities to disasters and building the resilience of local communities to climate change
impacts; and in terms of mainstreaming climate change adaptation in development processes
such as policy formulation, budgeting, and governance particularly with respect to housing and
land use, it is hereby declared the policy of the State to work for the attainment of a more
inclusive, safe, resilient, and sustainable human settlements.


‘Towards this end, the government shall pursue a comprehensive, rights-based, gender-

responsive, participatory and sustainable approach to resilient human settlements.

This Act declares the following as guiding principles:

a) The Right to Adequate Housing according to the ICESCR covers the following
elements: accessibility, affordability; habitability; security of tenure; cultural
adequacy; resiliency; suitability of location; access to essential services such as health
and education; and respect for safety standards aimed at reducing damage in case of
future disasters.

b) The State bears the primary responsibility for protecting the people, infrastructure,
and other national assets from the impact of disasters and will mobilize adequate and
make efficient use of existing resources, including financial, scientific, and
technological means in nurturing resiliency.

c) The building/achievement/fulfillment of resilient human settlements requires that
responsibilities be shared by the national and local government units and relevant
national authorities, sectors, stakeholders and communities. This entails the
development and strengthening of institutions, mechanisms and capacities at all
levels, in particular at the community level that can systematically contribute to
building resiliency. Convergence of resources and involvement of various
stakeholders are essential to the supply of housing and infrastructure in the overall
context of sustainable development and resilient human settlements.

4) Ensure accountability and transparency of all sectors to monitor and evaluate
programs and initiatives.

©) Uphold gender equity and equality, cultural diversity and the rights of vulnerable
groups such as children, elderly and, people with disabilities when planning for
resilient and sustainable settlements development.

SEC.3. General Objectives. This Act seeks to:
a) Provide a framework for resilient housing and human settlements;
b) Guide various stakeholders to take well-planned, concerted, transparent, inclusive,
livable, safe, resilient, sustainable, and pro-poor housing initiatives in the best
possible manner;

©) Strengthen the participation of all sectors especially communities and civil society
in the planning of resilient housing and human settlements;

) Build synergy, convergence and integration of housing-related and livelihood
intervention for the attainment of resilient and sustainable human settlement

e) Foster policy and program coherence related to poverty alleviation, income
generation and employment, and delivery channels to achieve the overall
objective of housing for all and the attainment of resilient and sustainable
development of human settlements;

f) Support innovation and research and development into new, indigenous, low-cost
resilient and sustainable human settlements;


SECA, Definition of Terms.- As used in this Act, the following terms shall mean:

a) “Adequate housing”- defined as that which affords its occupants the following
conditions:

1. legal security of tenure, including protection against forced evictions;

2. available services and infrastructure (access to water, energy for cooking,
heating, and lighting; sanitation and washing facilities; food storage; and
waste disposal (solid, septage and sewerage); communication and
information; sufficient road networks especially for emergencies and so on);

3. affordable housing costs and financing options such that the attainment of
other basic needs is not threatened;

4. habitability in the sense of adequate spaces, security, physical safety, and
protection from cold, damp, heat, rain, wind, structural hazards, and disease
vectors;

5. sufficient accessibility that disadvantaged or vulnerable groups such as
persons with disabilities, elderly, children and women are not left without
shelter appropriate to their particular needs;

6. a physical location allowing proximate access to employment and livelihood
options, health care services, schools, child-care centers and other social
facilities and avoiding risks from pollution sources;

7. available, resilient, environmentally-friendly and appropriate construction
materials, settlement design and process with respect to the expression of
cultural and religious identity and geographical location;

8. compliance with safety and resilience standards aimed at minimizing damage
from future disasters.

b) “Adequate open spaces”- which includes road, green spaces, areas for persons
with disabilities, elderly, children and materials recovery facilities

c)  “Climate-resilient housing”- Refers to housing that is equipped and structurally-
designed to resist, absorb and accommodate the effects of climate hazards like heat
waves, extreme weather variabilities without significant changes to its basic functions.

4) “Comprehensive Resilient Housing Program for Disaster Survivors”- Refers to
the delivery of resources and activities in the rehabilitation and reconstruction of
damaged and destroyed housing and development of other new permanent housing
options for persons and families affected by disasters. It shall follow humanitarian
standards for their protection and their rights to adequate housing through the provision
of safe, habitable emergency and transitional shelter during displacement and permanent
housing that meets the basic standards of adequacy and decency. Providing for a
comprehensive, multi-sectoral, inter-agency, and community-based approach to post-
disaster housing rehabilitation, reconstruction, and recovery.

©) “Gender equity and equality”- Refers to the principle asserting the equality of
men and women and their right to enjoy equal conditions realizing their full human
potentials to contribute to and benefit from the results of development, and with the State
recognizing that all human beings are free and equal in dignity and rights. Gender equity
refers to the policies, instruments, programs, services, and actions that address the
disadvantaged position of women in society by providing preferential treatment and
affirmative action. Such temporary special measures aimed at accelerating de facto
equality between men and women shall not be considered discriminatory but shall in no
way entail as a consequence the maintenance of unequal or separate standards.


)  “Land-Use Planning” the process undertaken by national and local government
authorities, communities, private sector, and civil society to identify, evaluate, and decide
on different options for the use of land, including consideration of long-term economic,
social and environmental objectives and the implications for different communities and
interest group, and the subsequent formulation and promulgation of plans that describe
the permitted or acceptable uses. People’s Plan — a resettlement option and community
development plan formulated by POs, with or without the support of NGOs, LGUs and
NGAs

2) —_ “Post-Disaster Recovery”- the restoration and improvement where appropriate,
of facilities, livelihood, and living condition of disaster-affected communities, including
efforts to reduce disaster risk factors and enhancing resiliency, in accordance with the
principles of “build back better,” as defined in Republic Act No. 10121 or the Philippine
Disaster Risk Reduction and Management Act of 2010.

h) _“Resilience”- the capacity of a system, community or society exposed to hazards
to resist, adapt, and transform to an acceptable level of functioning and structure. This is
determined by the degree to which the system is capable of organizing itself to increase
this capacity by learning from experiences for better future protection and to improve risk
reduction measures.

SEC.S. National Framework for Resilient Housing and Human Settlements.- This is
the National Framework for Resilient Human Settlements (hereinafter referred to as the
Framework) to be formulated by the Housing and Urban Development Coordinating Council
(HUDCC) within six (6) months from the effectivity of this Act in coordination and in
partnership with the following:

a) The HUDCC and its attached agencies;

b) National Economic and Development Authority (NEDA);

©) Climate Change Commission (CCC);

d) Office of Civil Defense (OCD);

©) Government Service Insurance Service System (GSIS);

f) Department of Social Welfare and Development (DSWD);
g) Department of Science and Technology (DOST)

h) Department of Environment and Natural Resources (DENR);
i) Department of Public Works and Highways (DPWH);

j) Department of Labor and Employment (DOLE);

k) Department of Trade and Industry (DTI);

1) Department of Budget and Management (DBM);

m) Department of Interior and Local Government (DILG);

n) Office of Presidential Adviser on Peace Process (OPAPP);

0) National Commission on Indigenous Peoples (NICP);

p) National Anti-Poverty Commission (NAPC);

q) Insurance Commission (IC);

1) Union of Local Authorities of the Philippines (ULAP);

8) Built environment and disaster-resilient housing design experts;
1) Academe;

u) Civil society;

v) Communities and other concerned public and private entities.

The Framework shall serve as the basis for measure or mechanism for post-disaster
housing and resiliency planning, research and development, extension, monitoring and
evaluation of programs, projects, and activities to protect vulnerable communities from the
adverse effects of climate change and disasters.


36
37

38
39

41
42
43

45
46
a7

49

‘The Framework shall describe how the State and all relevant stakeholders can work
together to achieve adequate and resilient housing for all, including and most especially those
affected by disasters; and chart the new direction that our national and local housing programs
and efforts must take in order to make human settlements and communities more inclusive, safe,
resilient, and sustainable.

The Framework shall include, but not limited to, the following components:

a) National Resilient Housing Agenda, which shall be derived from the threats, hazards,
and vulnerabilities identified; adaptation needs and requirements; risk and resiliency
assessment for the Philippines housing sector;

b) National and local resilient housing priorities; outline the most efficient and cost
effective housing projects that will best meet the short-term and long-term resilient
housing needs of individuals and households;

c) National Standards for Resilient Housing Design and Construction;

4) National Post-Disaster Housing Recovery Strategy, which shall focus on how best to
ee rehabilitate, redevelop, and revitalize disaster-impacted communities;
ing livelihoods; effectively preventing the recurrence of disasters and
femeaee unites tetiiae Sreuoea

¢) Promotion of local government rehabilitation and recovery plans;

f) Rules and Guidelines for Post-Disaster Housing Rehabilitation, Reconstruction, and
Relocation;

2) Comprehensive Resilient Housing Program for Disaster Survivors;
h) Investment and financing requirements;

j) Institutional arrangements, including public-private partnership; national government
roles; local government support functions; and private sector responsibilities;

3) Implementation arrangements;
k) Reporting, monitoring, and evaluation.

SEC.6. Monitoring of Compliance with this Act- HUDCC shall take the lead to
periodically monitor the compliance with this Act. Other agencies will participate in the
monitoring such agencies of HUDCC; DILG; Office of Civil Defense; NEDA; and CCC. There
shall be a mechanism for civil society to participate in the monitoring process.

SEC.7. Joint Congressional Oversight Committee.- ‘There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act. The Oversight
Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed
by the Senate President and the Speaker of the House of Representatives, respectively.


‘The Oversight Committee shall be co-chaired by a Senator and a Representative to be
designated by the Senate President and the Speaker of the House of Representatives,
respectively. Its funding requirement shall be charged against the appropriations of Congress.

SEC.8. Annual Report. The HUDCC shall submit to the President, Senate President and
House of Speaker not later than March 30 of every year following the effectivity of this Act, or
upon the request of the Congressional Oversight Committee, a report giving a detailed account of
the status of the implementation of this Act, a progress report on the implementation of the
National Resilient Housing and Human Settlements Action Plan, policy gaps, and recommended
legislation, where applicable and necessary. LGUs shall submit annual progress on the
implementation of their respective local action plan to HUDCC within the first quarter of the
following year.

SEC.9. Appropriations. The amount necessary for the initial implementation of this Act
shall be charged against the current appropriation of the HUDCC. Thereafter, the amount needed
for the continued implementation of this Act shall be included in the annual General
Appropriations Act.

SEC.10. Implementing Rules and Regulations.-Within ninety (90) days from the
effectivity of this Act, the [key shelter agencies] shall, upon consultation and coordination with
pertinent government agencies, LGUs, private sector, NGOs, POs, build environment expert and

professionals, promulgate the necessary rules and regulations for the effective implementation of
this Act: Provided, That failure to issue rules and regulations shall not in any manner affect the
executory nature of the provisions of this Act.

SEC.11. Separability Clause.- If, for any reason, any provision or part of this Act is
declared invalid of unconstitutional, the remaining parts or provisions not affected thereby shall
remain in full force and effect.

SEC. 12. Repealing Clause.- All laws, executive orders, presidential decrees, issuances,
rules and regulations or part thereof inconsistent with any provision of this Act are hereby
modified, amended, or repealed accordingly.

SEC.13. Effectivity.- This Act shall take effect fifteen (15) days after its publication in
the Official Gazatte or in a newspaper of general circulation.

Approved,