Amending R.A. No. 7279 (Urban Development Housing Act)

TWENTIETH CONGRESS OF THE JUL -3 P3:42 REPUBLIC OF THE PHILIPPINES First Regular Session SENATE -- S. B. No. 70 Introduced by Senator Rodante D. Marcoleta AN ACT EXEMPTING THE UNDERPRIVILEGED AND HOMELESS FROM THE REQUIRED PAYMENT OF SUPERSEDEAS BOND TO PERFECT AN APPEAL IN RELATION TO EJECTMENT CASES FILED AGAINST THEM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279 OTHERWISE KNOWN AS THE URBAN DEVELOPMENT HOUSING ACT EXPLANATORY NOTE As President Magsaysay once said, "Those who have less in life should have more in law." No less than the 1987 Constitution itself embraces this principle, as the State itself is required to "promote social justice in all phases of national development" under Article II, Section 10. More specifically for the urban poor, Article XIII, Section 9 of the 1987 Constitution provides the State to constitute "a continuing program of urban land reform and housing which shall make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. XXX". Section 10 of the same Article likewise commands that the "Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner". Republic Act No. 7279 (RA 7279), otherwise known as the "Urban Development and Housing Act of 1992" was enacted primarily to uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement areas by making available to them decent housing at affordable cost, basic services, and employment opportunities. Section 28 of RA 7279 provides for the situations when

eviction and demolition shall be allowed. Among others, eviction and demolition shall be allowed "when there is a court order." Following the principle of social justice, this bill seeks to amend Section 28(c) of RA 7279 by emphasizing that the "court order" referred to therein shall apply only to final and executory judgments. Additionally, the proposed measure exempts underprivileged and homeless citizens from paying the required supersedeas bond to perfect an appeal. This means that indigent families who are in danger of eviction but have no capacity to post the required supersedeas bond may still stay the execution of judgment and seek timely remedies without fear of losing their homes. In view of the foregoing, the immediate approval of this measure is earnestly sought. Queer! RODANTE D. MARCOLETA

TWENTIETH CONGRESS OF THE JUL -3 P3:42 REPUBLIC OF THE PHILIPPINES First Regular Session SENATE S. B. NO. 70 Introduced by Senator Rodante D. Marcoleta AN ACT EXEMPTING THE UNDERPRIVILEGED AND HOMELESS FROM THE REQUIRED PAYMENT OF SUPERSEDEAS BOND TO PERFECT AN APPEAL IN RELATION TO EJECTMENT CASES FILED AGAINST THEM, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279 OTHERWISE KNOWN AS THE URBAN DEVELOPMENT HOUSING ACT Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Paragraph (c) of Section 28 of Republic Act No. 7279 is hereby amended

2 to read as follows: "Sec. 28. Eviction and Demolition. - Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations: XXX (c) When there is a court order for eviction and demolition[.] BASED ON A FINAL AND EXECUTORY JUDGMENT: PROVIDED, HOWEVER, THAT IN CASES OF EVICTION AND DEMOLITION INVOLVING UNDERPRIVILEGED AND HOMELESS CITIZENS AS DEFINED UNDER THIS ACT, THEY MAY PERFECT AN APPEAL WITHOUT THE NECESSARY SUPERSEDEAS BOND. A CERTIFICATE OF INDIGENCY DULY ISSUED BY THE BARANGAY, OR OTHER ANALOGOUS DOCUMENTS THEREIN, MAY BE ACCEPTED BY THE COURTS IN LIEU OF THE REQUIRED BOND. THE APPEAL TOGETHER WITH THE CERTIFICATE OF INDIGENCY OR ITS EQUIVALENT DOCUMENT OR DOCUMENTS

SHOULD BE SUFFICIENT FOR THE COURTS TO STAY THE EXECUTION OF JUDGMENT. XXX."

Sec. 2. Repealing Clause. - All laws, presidential decrees, executive orders, letters

of instructions, administrative orders, proclamations or administrative regulations that are inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly.

Sec. 3. Effectivity. - This Act shall take effect fifteen (15) days following its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,