Defining and Protecting the Rights of Informal Settler Families Through Local Housing Boards

Senate TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 26 MAR 19 A10:44 SENATE RECEIVED BY: 2000 S. No. _ Introduced by Senator Manuel "Lito" M. Lapid AN ACT DEFINING AND PROTECTING THE RIGHTS OF INFORMAL SETTLER FAMILIES THROUGH LOCAL HOUSING BOARDS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279, OTHERWISE KNOWN AS THE "URBAN DEVELOPMENT AND HOUSING ACT OF 1992" EXPLANATORY NOTE Many LGUs express solidarity with national government's intention to improve the lives of the informal settlers. Indeed, demolitions and evictions at this time, especially with the current efforts to have a comprehensive feasibility study along the lines of the "Build, Better, More" program of the current administration, cause not only dislocation but create other economic, social, and psychological complications for constituents that may pose as challenges to these infrastructure projects. Much recognition is given to the commitment made, that: • government, both local and national, will not evict ISs until there is a ready land and actually constructed housing all within the City; • ISs leaving along bodies of water will only be required to respect the easement and housing will be on-site, with a welcome note for a possible medium-rise construction; and • Government, both national and local, will work alongside private sector, NGOs and POs to craft strategies.

The government housing program, as it currently operates, is not responsive to the needs of the poor families. Existing government programs are highly centralized despite the obvious reality that the neither the national nor local government, operating independent of the other, is capable adequately addressing the housing needs. Furthermore, due to the centralized nature of our housing program, many LGUS are too dependent on the national government to address their local housing needs. With the limited government resources and shrinking financial capabilities of the poor, the development of innovative housing programs through tripartite approach that involves government, private sector, and civil society, to create new ways of housing is now more imperative than ever. The failure of some housing agencies and many LGUs in fully complying with the tasks mandated by UDHA, which include, first, a serious plan for prioritizing on- site or in-city development, render off-site relocations invalid and ineffective. The Constitutional mandates to promote the general welfare of the people, free them from poverty through policies that provide adequate social services, promote full employment, a rising standard of living and an improved quality of life, promote balanced and healthful ecology, recognize the role of the private sector, and encourage non-government, community-based and sectoral organizations' participation, should function as guideposts in recalibrating our housing program. The fundamental law adopts the general policies of providing housing and basic services within the city and of no eviction or demolition. Eviction must be considered as a final result and such policy must be strictly followed and construed against the government. There is a need to issue legislative directive, through an amendment to R.A. No. 7279, otherwise known as the "Urban Development and Housing Act of 1992" (UDHA), for both national agencies and local government to conduct effective/genuine consultation among stakeholders, especially with the following before the exception could be applied: • Families/persons to be relocated;

• Community where they are to be relocated. In most of the government resettlement projects, the people of the community in and around relocation sites are not anymore consulted. These entities must be active participants in all consultation meetings prior to, during, and after relocation, to ensure full compliance with the law. Sections 21, 22, 23 and 28 of UDHA require that government, national or local, must provide for basic services and facilities BEFORE relocation is actually conducted. However, on the part of implementing agencies there are no clear responsibilities for providing them. According to DILG Memo Circular 2008-143, one of the functions of the Local Housing Board is to require the proponent of an eviction and demolition, i.e., national government department, agency, institution, or local government, or its duly authorized representative, to first secure from the Board the checklist, guidelines and eviction and demolition Compliance Certificate prior to the actual implementation thereof and, thereafter, to submit to the Board the completed checklist, attested to under oath by the proponent and indicating that: a. Adequate consultations with the affected families were undertaken; b. Adequate resettlement site and relocation facilities are made available and c. The provisions of section 3, paragraph 1 of the implementing rules and regulations of section 28 of RA no. 7279 (pre-relocation) have been complied with. Based on the foregoing requirements, the Local Housing Board may issue an Eviction and Demolition Compliance Certificate on a proposed eviction and demolition. Thus, it is clear that the role of the Local Housing Board is indispensable in ensuring that the basic services are provided to the beneficiaries of the housing program. For these reasons, the Local Housing Board's role in the housing must be institutionalized, to ensure that:

1. Local Inter-agency Committees (LIACS) shall not substitute for Local Housing Boards as clearing houses for eviction/demolition; 2. There is compliance with the pre-relocation requirements under UDHA; 3. The monitoring and implementation capacity of Local Housing Boards are strengthened. There is a need to focus on Local Housing Boards, expanding its role in the formulation, development, implementation, and monitoring of policies on the provision for housing and resettlement areas, and on the observance of the right of the underprivileged and homeless to a just and humane eviction and demolition. This bill solidifies the role of the Local Housing Board in the housing program to ensure that the basic services are available in the relocation sites. This bill likewise provides the guidelines that would make the consultations with the stakeholders both inclusive and effective. In view of the foregoing, the passage of this bill is earnestly sought. Senator

Ecuate and prise or the or die TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 26 MAR 19 A10:44 SENATE RECEIVED BY: 2000 S. No. _ Introduced by Senator Manuel "Lito" M. Lapid AN ACT DEFINING AND PROTECTING THE RIGHTS OF INFORMAL SETTLER FAMILIES THROUGH LOCAL HOUSING BOARDS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279, 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 Congress assembled:

Section 1. Section 21 of Republic Act No. 7279 is hereby amended to read as

follows: "Sec. 21. Basic Services. - Socialized housing or resettlement areas shall be provided by the local government unit or the National Housing Authority in cooperation with the private developers and concerned agencies with the following basic services and facilities: (a) Potable water; (b) Power and electricity and an adequate power distribution system; (c) Sewerage facilities and an efficient and adequate solid waste disposal system; and (d) Access to primary roads and transportation facilities. ALL RESETTLEMENT ACTION INITIATED BY THE LOCAL GOVERNMENT UNIT OR BY ANY NATIONAL

GOVERNMENT AGENCY, INCLUDING THE NATIONAL HOUSING AUTHORITY, SHALL REQUIRE PRIOR CONCURRENCE BY THE LOCAL HOUSING BOARD. PRIOR TO ANY RELOCATION, THE GOVERNMENT AGENCY IMPLEMENTING THE RELOCATION SHALL FIRST SECURE A COMPLIANCE CERTIFICATE FROM THE LOCAL HOUSING BOARD, WHICH SHALL STATE THAT ALL THE BASIC SERVICES REQUIRED BY THIS ACT ARE AVAILABLE AND SUFFICIENT FOR THE INTENDED BENEFICAIRIES. THE CERTIFICATION SHALL CERTIFY THE EXISTENCE OF THE BASIC SERVICES AND FACILITIES, IDENTIFYING LOCATIONS AND PRODUCTION CAPACITIES FOR WATER AND ELECTRICITY, SERVICING CAPACITIES FOR ALL BASIC FACILITIES, THE EQUIVALENTS OF SUCH PRODUCTION AND SERVICING CAPACITY TO ACTUAL NUMBER OF BENEFICIARIES, AND THE DESIGNATION OF RESPONSIBILITIES AND ACCOUNTABILITIES FOR OPERATIONS AND MAINTENANCE OF SUCH SERVICES AND FACILITIES. The provisions of other basic services and facilities such as health, education, communications, security, recreation, relief and welfare shall LIKEWISE be planned THROUGH THE LOCAL HOUSING BOARDS OF THE AFFECTED LOCAL GOVERNMENT UNITS and shall be [given priority] INCLUDED for implementation by the local government unit IN CASE OF IN-CITY RESETTLEMENT, OR UPON JOINT AGREEMENT OF SENDING AND RECEIVING LOCAL GOVERNMENT UNITS IN CASE OF OFF-CITY RESETTLEMENT, and concerned agencies in cooperation with the private sector and the beneficiaries themselves. THE LOCAL HOUSING BOARD MAY

SET-UP A TRUST FUND MECHANISM FOR COMMUNITY- INITIATED SHELTER PROJECTS. The local government unit APPROVING THE RESETTLEMENT, THROUGH THE LOCAL HOUSING BOARD, in coordination with the concerned national agencies, shall ensure that these basic services are provided at the most cost-efficient rates, and shall set as mechanism to coordinate operationally the thrusts, objectives and activities of other government agencies concerned with providing basic services to housing projects. FOR THESE PURPOSES, AT LEAST FIFTY PERCENT (50%) OF THE VOTING MEMBERS OF LOCAL HOUSING BOARDS SHALL BE THE REPRESENTATIVES OF THE BENEFICIARIES IDENTIFIED IN THE COMPREHENSIVE LOCAL SHELTER PLAN. THE LOCAL HOUSING BOARD SHALL REQUIRE PROPONENT LOCAL GOVERNMENT UNIT AND/OR NATIONAL AGENCY TO SUBMIT A COMPREHENSIVE AND RIGHTS-BASED RELOCATION AND RESETTLEMENT ACTION PLAN (RRAP) AT LEAST ONE (1) YEAR BEFORE THE CONDUCT OF ANY DEVELOPMENT PROJECT THAT WILL CAUSE DISPLACEMENT OF INFORMAL SETTLER FAMILIES. THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT AND THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL SHALL JOINTLY PROMULGATE THE NECESSARY RULES AND REGULATIONS TO CARRY OUT THE ABOVE PROVISION."

Sec. 2. Section 23 of Republic Act No. 7279 is hereby amended to read as

28 follows:

"Sec. 23. Participation of Beneficiaries. - The local government units, in coordination with the Presidential Commission for the Urban Poor and concerned government agencies, shall afford Program beneficiaries 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 interest 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. 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 organized themselves or form an alliance within a reasonable period prior to the implementation of the program of 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 nongovernment organization. SUCH PARTICIPATION OF BENEFICIARIES SHALL CONFORM TO SECTION 21 OF THIS ACT."

Sec. 3. Section 26 of Republic Act No. 7279 is hereby amended to read as

follows: "Sec. 26. Urban Renewal and Resettlement. - This shall 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 in order to ensure minimum 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 laid down in Section 28 of this Act. THE FEASIBILITY OF ON-SITE, IN-CITY OR OFF-CITY RESETTLEMENT SHALL BE DETERMINED BY THE LOCAL HOUSING BOARD BASED ON THE LOCAL SHELTER PLAN, THE COMPREHENSIVE LAND-USE PLAN, AND THE LOCAL DEVELOPMENT PLAN OF THE LOCAL GOVERNMENT UNIT."

Sec. 4. Section 28 of Republic Act No. 7279 is hereby amended to read as

follows: "SECTION 28. Eviction and Demolition. - Eviction or demolition as a practice shall be discouraged. Eviction or demolition, ...... - however, may be allowed under the following situations: (a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; (b) When government infrastructure projects with available funding are about to be implemented; or (c) When there is a court order for eviction and demolition. In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory: (1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of eviction or demolition; (2) Adequate consultations THROUGH THE LOCAL HOUSING BOARD on the matter of settlement with the duly designated representatives of the families to be

1. resettled and the affected communities in the areas where they are to be relocated. FOR THIS PURPOSE, 'ADEQUATE CONSULTATION' SHALL INCLUDE THE ESTABLISHMENT OF A SOCIAL PREPARATION PROTOCOL IN ALL PHASES OF RESETTLEMENT ACTIVITY. THE PROTOCOL SHALL INCLUDE, AMONG OTHERS: a) CONDUCT OF SOCIO-ECONOMIC PROFILING OF AFFECTED FAMILIES ESSENTIAL IN DESIGNING ANTI-POVERTY INTERVENTIONS AND PROGRAM MONITORING; b) ENGAGEMENT OF SENDING AND RECEIVING LOCAL GOVERNMENT UNITS DURING PRE- RELOCATION FOR COLLABORATION IN THE IMPLEMENTATION OF THE RESETTLEMENT PROGRAM OR PROJECT; c) CONDUCT OF STRUCTURES CONSULTATIONS; d) RIGHT OF NEWLY-RESETTLED FAMILIES TO ACCEPT OR REJECT ASSIGNED HOUSING UNIT IF NON-COMPLIANT WITH STANDARDS FOR INTEGRITY AND ADEQUACY. (3) Presence of local government officials or their representatives during eviction or demolition; (4) Proper identification of all persons taking part in the demolition; (5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;

(6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials; (7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and (8) Adequate relocation, whether temporary or permanent: Provided, however, that in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority, THROUGH THE LOCAL HOUSING BOARD IN ACCORDANCE WITH SECTION 21, with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: provided, further, that should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned. FOR PURPOSES OF FORWARD PLANNING FOR COURT- ORDERED EVICTIONS OF THESE UNDERPRIVILEGED AND HOMELESS CITIZENS, THE LOCAL HOUSING BOARD SHALL REGULARLY COORDINATE WITH THE LOCAL COURTS, THE DATA GATHERED SHALL BE INCLUDED IN THE LOCAL SHELTER PLAN. The Department of the Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the above provision."

Sec. 5. Appropriations. - The amount necessary to carry out the purposes of

this Act shall be included in the annual budget of implementing agencies in the General 3 Appropriations Act of the year following its enactment into law and every year thereafter.

Sec. 6. Separability Clause. - If for any reason, any provision of this Act shall

6 be included in the annual budget of implementing agencies in the General 7 Appropriations Act of the year following its enactment into law and every year thereafter.

Sec. 7. 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 or modified accordingly.

Sec. 8. Effectivity Clause. - This Act shall take effect upon its publication in at

least two (2) national newspapers of general circulation. Approved,