On-site, In-city or Near-city Resettlement Act

: " Pinter c TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 21 A10:39 SENATE RECENED - S. No. _ Introduced by Senator FRANCIS N. PANGILINAN AN ACT ESTABLISHING AN ON-SITE, IN-CITY OR NEAR-CITY RESETTLEMENT PROGRAM FOR INFORMAL SETTLER FAMILIES IN ACCORDANCE WITH A PEOPLE'S PLAN AND MANDATING RELOCATING LOCAL GOVERNMENT UNITS TO PROVIDE OTHER BASIC SERVICES AND LIVELIHOOD COMPONENTS IN FAVOR OF THE RECIPIENT LOCAL GOVERNMENT UNIT, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279, AS AMENDED, OTHERWISE KNOWN AS THE "URBAN DEVELOPMENT AND HOUSING ACT OF 1992" EXPLANATORY NOTE Republic Act No. 7279 or the Urban Development Housing Act of 1992, as amended (UDHA) was enacted to provide socialized housing to the underprivileged and homeless. Despite its intent, the issue on Informal Settler families (ISF) continues. According to the UN-Habitat Philippines Country Report 2023, informal settler families (ISFs) are estimated to be 3.7 million, with half a million living in slums and high risk areas in Metro Manila. One of the observations by the Commission on Audit (COA) in its 2022 Annual Audit Report for the National Housing Authority (NHA) is the low occupancy rates in many resettlement projects. It said in the report that 51,538 Housing Units (HUs) or 31.04 per cent of the 166,034 total completed HUs have yet to be occupied. The primary reason cited for ISF's reluctance to relocate is the distance of these off-city sites from ISF's sources of livelihood and essential services.

This bill seeks to amend the UDHA to prioritize on-site, in-city, or near-city resettiement for ISFs. By mandating adequate and genuine consultation with affected ISFs, requiring a People's Plan, and ensuring provisions of essential services and sustainable livelihood to the ISFs, this measure aims to substantially increase the ISF move-in rates into safe, affordable, and decent homes. In view of the foregoing, the passage of this measure is earnestly sought. FRANCIS N. RANGILINAN Senator

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session 25 JUL 21 AI9:39 SENATE RECE! S. No. 737 Introduced by Senator FRANCIS N. PANGILINAN AN ACT ESTABLISHING AN ON-SITE, IN-CITY OR NEAR-CITY RESETTLEMENT PROGRAM FOR INFORMAL SETTLER FAMILIES IN ACCORDANCE WITH A PEOPLE'S PLAN AND MANDATING RELOCATING LOCAL GOVERNMENT UNITS TO PROVIDE OTHER BASIC SERVICES AND LIVELIHOOD COMPONENTS IN FAVOR OF THE RECIPIENT LOCAL GOVERNMENT UNIT, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7279, AS AMENDED, OTHERWISE KNOWN AS THE "URBAN DEVELOPMENT AND HOUSING ACT OF 1992" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "On-site, In-City or

2 Near-City Resettlement Act."

Sec. 2. Amendatory Provisions. - For purposes of this Act, the following

4 provisions of Republic Act No. 7279, otherwise known as the "Urban Development and 5 Housing Act of 1992", are hereby amended as follows: (a) Section 3 of Republic Act No. 7279 "SEC. 3. Definition of Terms. - For this purposes of this Act: "XXX "(w) xxx; [and] "(x) 'Zonal Improvement Program or ZIP' refers to the program of the National Housing Authority of upgrading and improving blighted squatter areas within the cities and municipalities of Metro Manila pursuant to existing statutes and pertinent executive issuancest-1;

"(Y) 'ADEQUATE AND GENUINE CONSULTATION' REFERS TO THE STANDARD OF CONSULTATION WITH THE AFFECTED INFORMAL SETTLER FAMILIES (ISFS) WHICH SHALL REQUIRE THE FOLLOWING: "(1) EFFECTIVE DISSEMINATION OF RELEVANT INFORMATION AND DOCUMENTS, INCLUDING LAND RECORDS, HOUSING BUDGETS, THE PROPOSED PLAN OR PROJECT, ALTERNATIVE HOUSING OPTIONS, AND COMPREHENSIVE RESETTLEMENT PLANS; "(2) REASONABLE TIME FOR THE PUBLIC TO REVIEW, COMMENT, AND OBJECT TO THE PROPOSED PLAN OR PROJECT; "(3) PROVISION BY THE GOVERNMENT OR NON-GOVERNMENT ORGANIZATIONS OF LEGAL, TECHNICAL, AND OTHER ADVICE TO AFFECTED PERSONS ON THEIR RIGHTS AND OPTIONS; "(4) PUBLIC HEARINGS THAT PROVIDE AFFECTED ISFS AND THEIR ADVOCATES WITH OPPORTUNITIES TO CHALLENGE THE EVICTION DECISION, PRESENT ALTERNATIVE PROPOSALS, AND ARTICULATE THEIR DEMANDS AND DEVELOPMENT PRIORITIES; AND "(5) IN CASE NO AGREEMENT IS REACHED ON THE PROPOSALS OF THE CONCERNED PARTIES, AN INDEPENDENT BODY HAVING CONSTITUTIONAL AUTHORITY, SUCH AS A COURT OF LAW, SHOULD MEDIATE, ARBITRATE, OR ADJUDICATE, AS MAY BE APPROPRIATE; "(Z) 'CIVIL SOCIETY ORGANIZATIONS OR CSOS' REFERS TO NON-GOVERNMENTAL ORGANIZATIONS (NGOS), PEOPLE'S ORGANIZATIONS (POS), COOPERATIVES, TRADE UNIONS, PROFESSIONAL ASSOCIATIONS, FAITH-BASED ORGANIZATIONS, MEDIA GROUPS, INDIGENOUS PEOPLES MOVEMENTS, FOUNDATIONS, AND OTHER CITIZEN'S GROUPS FORMED PRIMARILY FOR SOCIAL AND ECONOMIC DEVELOPMENT TO PLAN AND MONITOR GOVERNMENT PROGRAMS AND PROJECTS, ENGAGE IN POLICY DISCUSSIONS, AND ACTIVELY PARTICIPATE IN COLLABORATIVE ACTIVITIES WITH THE GOVERNMENT;

"(AA) 'IN-CITY RESETTLEMENT' REFERS TO A RELOCATION SITE WITHIN THE JURISDICTION OF THE CITY WHERE THE AFFECTED ISFS ARE LIVING; "(BB) 'INFORMAL SETTLEMENTS' REFERS TO: "(1) RESIDENTIAL AREAS WHERE HOUSING UNITS HAVE BEEN CONSTRUCTED BY SETTLERS ON LAND WHICH THEY OCCUPY ILLEGALLY; OR "(2) UNPLANNED SETTLEMENTS AND AREAS WHERE HOUSING IS NOT IN COMPLIANCE WITH EXISTING PLANNING AND BUILDING REGULATIONS; "(CC) 'INFORMAL SETTLER FAMILIES' COLLECTIVELY REFERRED TO AS ISFS, REFERS TO FAMILIES LIVING IN INFORMAL SETTLEMENTS AS THE LATTER IS DEFINED IN THIS ACT; "(DD) 'NEAR-CITY RESETTLEMENT' REFERS TO A RELOCATION SITE IN A CITY OTHER THAN THE CITY OF THE AFFECTED INFORMAL SETTLEMENTS: PROVIDED, HOWEVER, THAT THE RELOCATION SITE IS ADJACENT TO THE CITY WHERE THE AFFECTED ISFS HAVE THEIR SETTLEMENTS; "(EE) 'NON-GOVERNMENT ORGANIZATIONS' REFERS TO DULY REGISTERED NON-STOCK, NON-PROFIT ORGANIZATIONS FOCUSING ON THE UPLIFTMENT OF DISADVANTAGED SECTORS OF SOCIETY PY PROVIDING ADVOCACY, TRAINING, COMMUNITY, ORGANIZING, RESEARCH, ACCESS TO RESOURCES, AND OTHER SIMILAR ACTIVITIES, AS DEFINED UNDER REPUBLIC ACT NO. 8425, OTHERWISE KNOWN AS THE 'SOCIAL REFORM AND POVERTY ALLEVIATION ACT' AND ORGANIZED AND OPERATED EXCLUSIVELY FOR SCIENTIFIC, RESEARCH, EDUCATIONAL, CHARACTERBUILDING AND YOUTH AND SPORTS DEVELOPMENT, HEALTH, SOCIAL WELFARE, CULTURAL OR CHARITABLE PURPOSES, OR A COMBINATION THEREOF, AND NO PART OF THE NET INCOME OF WHICH INURES TO THE BENEFIT OF ANY PRIVATE INDIVIDUAL PURSUANT TO SECTION 34 (H)(2)(C)(1) OF REPUBLIC ACT NO. 8424,

AS AMENDED, OTHERWISE KNOWN AS THE 'TAX REFORM ACT OF 1997'; "(FF) 'OFF-CITY RESETTLEMENT' REFERS TO A RELOCATION SITE DEVELOPED OUTSIDE AND NOT ADJACENT TO THE CITY WHERE THE AFFECTED ISFS HAVE THEIR SETTLEMENTS; "(GG) 'PEOPLE'S PLAN' REFERS TO THE PLAN FORMULATED BY THE BENEFICIARY-ASSOCIATION, IN COORDINATION WITH THE PRESIDENTIAL COMMISSION FOR THE URBAN POOR, WITH OR WITHOUT THE SUPPORT OF CSOS, WHICH SHALL CONTAIN A SITE DEVELOPMENT PLAN, INCLUDING NON-PHYSICAL DEVELOPMENT COMPONENTS, SUCH AS SELF-HELP HOUSING COOPERATIVE, LIVELIHOOD, SELF-HELP DEVELOPMENT, AND CAPABILITY BUILDING; AND "(HH) 'SOCIAL PREPARATION' REFERS TO THE PROCESS OF ESTABLISHING SOCIAL, ORGANIZATIONAL, AND INSTITUTIONAL NORMS AND MECHANISMS. SUCH NORMS AND MECHANISMS WILL: (1) ENABLE THE SETTLERS TO COPE WITH CHANGES; AND (2) IN PARTNERSHIP WITH CONCERNED INSTITUTIONS AND STAKEHOLDERS, ENCOURAGE THE SETTLERS NOT ONLY TO WORK AMONG THEMSELVES FOR THE PURPOSE OF DRAWING UP AND UNDERTAKING THEIR HOUSING RESETTLEMENT PROPOSALS BUT ALSO TO ACTIVELY AND MEANINGFULLY PARTICIPATE IN HOUSING RESETTLEMENT PROJECTS UNDERTAKEN IN THEIR BEHALF, THUS RESOLVING COLLECTIVE ACTION PROBLEMS AMONG COMMUNITY MEMBERS AND COORDINATION PROBLEMS WITH GOVERNMENT AND OTHER ENTITIES."; (b) Section 23 of the same Act is hereby amended to read as follows: "SEC. 23. Participation of PROGRAM Beneficiaries OR AFFECTED ISS, FORMATION OF BENEFICIARY-ASSOCIATION, AND FORMULATION AND IMPLEMENTATION OF A PEOPLE'S PLAN. - The local government units, in coordination with the Presidential Commission for the Urban Poor and concerned government agencies, shall afford Program

beneficiaries OR AFFECTED ISs 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 interests 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] INTO AN ASSOCIATION FOR ACCREDITATION AS BENEFICIARIES OR AWARDEES OF OWNERSHIP RIGHTS UNDER THE RESETTLEMENT PROGRAM, COMMUNITY MORTGAGE PROGRAM, LAND TENURE ASSISTANCE PROGRAM, AND OTHER SIMILAR PROGRAMS IN RELATION TO A SOCIALIZED HOUSING PROJECT ACTUALLY BEING IMPLEMENTED BY THE NATIONAL GOVERNMENT OR BY THE LOCAL GOVERNMENT UNITS. 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 organize themselves or form an [alliance] ASSOCIATION within a reasonable period prior to the implementation of the program or 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 UNTIL AN ASSOCIATION IS FORMED IN PLACE. "THE ASSOCIATION, IN COORDINATION WITH THE PRESIDENTIAL COMMISSION FOR THE URBAN POOR, WITH OR WITHOUT THE SUPPORT OF CSOS, SHALL FORMULATE A 'PEOPLE'S PLAN' THROUGH A PROCESS OF CONSULTATION WHICH SHALL CONTAIN A SITE DEVELOPMENT PLAN, INCLUDING NON-PHYSICAL DEVELOPMENT COMPONENTS SUCH AS SELF-HELP HOUSING COOPERATIVE, LIVELIHOOD, SELF-HELP DEVELOPMENT , AND CAPABILITY-BUILDING TRAININGS. "THE ASSOCIATION, WITH THE ASSISTANCE OF CSOS AND GOVERNMENT AGENCIES INCLUDING THE NATIONAL

ANTIPOVERTY PRESIDENTIAL COMMISSION (NAPC), COMMISSION FOR THE URBAN POOR, NATIONAL HOUSING AUTHORITY, CITY OR MUNICIPAL SOCIAL WELFARE AND DEVELOPMENT OFFICE, SOCIAL HOUSING FINANCE CORPORATION, LOCAL GOVERNMENT UNITS, AND OTHER RELEVANT AGENCIES OF GOVERNMENT, SHALL AGREE ON, DEVELOP, AND IMPLEMENT THE PEOPLE'S PLAN. "IN ACCORDANCE WITH THE PROTECTION GUIDELINES PROVIDED UNDER SECTION 28 OF THIS ACT, A RELOCATION ACTION PLAN SHALL BE AN INDISPENSABLE COMPONENT OF THE PEOPLE'S PLAN. THE RELOCATION ACTION PLAN SHALL INCLUDE THE FOLLOWING OBJECTIVES: "(A) ENSURE SAFE, AFFORDABLE, DECENT, AND HUMANE CONDITION OF RELOCATION, INCORPORATING THEREIN APPROPRIATE DISASTER RISK REDUCTION MANAGEMENT AND CLIMATE CHANGE ADAPTATION STANDARDS; "(B) PROVIDE ADEQUATE SOCIAL PREPARATION; AND *(C) PREVENT FORCED EVICTION: PROVIDED, THAT PRIMARY CONSIDERATION SHALL BE GIVEN TO THE HOUSING FINANCIAL SCHEME SUGGESTED IN THE PEOPLE'S PLAN."; (c) Section 26 of the same Act is hereby amended to read as follows: "SEC. 26. Urban Renewal and Resettlement. - [Fhis] URBAN RENEWAL AND RESETTLEMENT 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] AFTER ADEQUATE AND GENUINE CONSULTATION WITH THE AFFECTED ISFS, AND IN ACCORDANCE WITH THE PEOPLE'S PLAN FORMULATED PURSUANT TO SECTION 23 OF THIS ACT, in order to ensure minimum movement of occupants of blighted lands and slum areas.

"[The] WHERE DEMOLITION OR EVICTION IS ALLOWED IN THE AREA OCCUPIED BY THE PROGRAM BENEFICIARIES PURSUANT TO

SECTION 28 OF THIS ACT, AND ON-SITE RESETTLEMENT CANNOT

BE UNDERTAKEN BY REASON THEREOF, THE IN-CITY 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 SAME SECTION OF THIS ACT AND IN ACCORDANCE WITH THE PREFERENCE OF THE AFFECTED ISFS AS CONTAINED IN THE PEOPLE'S PLAN. "SHOULD IN-CITY RESETTLEMENT NOT BE FEASIBLE, NEAR-CITY RESETTLEMENT SHALL BE CONSIDERED. OFF-CITY RESETTLEMENT SHALL ONLY BE RESORTED TO WHEN DIRECTLY REQUESTED BY THE AFFECTED ISFS THEMSELVES, AND MUST SATISFY THE REQUIREMENTS OF ADEQUATE AND GENUINE CONSULTATION PRIOR TO RELOCATION."; and (d) Section 29 of the same Act is hereby amended to read as follows: "SEC. 29. Resettlement. Within two (2) years from the effectivity of this Act, the local government units, in coordination with the National Housing Authority, shall implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places such as sidewalks, roads, parks, and playgrounds. The local government unit, in coordination with the National Housing Authority, 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. "IN INSTANCES WHEN THE RELOCATION OR RESETTLEMENT SITE IS LOCATED IN ANOTHER LOCAL GOVERNMENT UNIT, THE LOCAL GOVERNMENT UNIT THAT IMPLEMENTS THE RELOCATION OR RESETTLEMENT AND THE CONCERNED NATIONAL GOVERNMENT AGENCIES SHALL, THROUGH A MEMORANDUM OF AGREEMENT, PROVIDE THE OTHER BASIC SERVICES AND

FACILITIES ENUMERATED UNDER SECTION 21 OF THIS ACT TO THE RECIPIENT LOCAL GOVERNMENT UNIT WHERE THE RELOCATION OR RESETTLEMENT SITE IS LOCATED. "THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL AND THE DEPARTMENT OF FINANCE - BUREAU OF LOCAL GOVERNMENT FINANCE SHALL FORMULATE THE IMPLEMENTING RULES AND REGULATIONS ON THE COST-SHARING MECHANISM NECESSARY TO FULLY IMPLEMENT THE PROVISION OF SUCH OTHER BASIC SERVICES AND FACILITIES. "IN ADDITION TO THE FUNDING SOURCES PROVIDED UNDER

SECTION 42 OF THIS ACT, THE ALLOCATION FOR THE BASIC

SERVICES AND FACILITIES MAY BE TAKEN BY THE LOCAL GOVERNMENT UNIT IMPLEMENTING THE RELOCATION OR RESETTLEMENT FROM THE TWENTY PERCENT (20%) OF THE INTERNAL REVENUE ALLOTMENT APPROPRIATED FOR DEVELOPMENT PROJECTS AS MANDATED UNDER SECTION 287 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE 'LOCAL GOVERNMENT CODE OF 1991'."

Sec. 3. Implementing Rules and Regulations. - The principles, policies and

20 provisions of this Act shall be incorporated in the National Shelter Program. The Housing and Urban Development Coordinating Council and the Department 22 of the Interior and Local Government, in consuitation and coordination with appropriate government agencies, CSOs, NGOs, representatives from the private sector, and ISFs, shall promulgate a new set of implementing rules and regulations within sixty (60) days from the effectivity of this Act. The implementing rules and 26 regulations shall be consistent with the provisions of this Act, particularly with the amendments, parameters, and standards introduced to Sections 23, 26, and 29 of the "Urban Development and Housing Act of 1992", and shall include the following: (a) A People's Plan template to guide ISs in the development of their own People's Plan: Provided, That such template shall be a complete pro forma People's 31 Plan: Provided, however, That such a template shall be used to benchmark the 32 minimum standards in a People's Plan; and

(b) A guide to effective implementation of the People's Plan, including 2 details on the necessity of the issuance of internal memoranda by concerned agencies. The implementing rules and regulations issued pursuant to this section shall take 4 effect thirty (30) days after its publication in two (2) national newspapers of general circulation.

Sec. 4. Separability Clause. - If any provision of this Act is declared invalid or

unconstitutional, the other provisions not affected by such declaration shall remain in full force and effect.

Sec. 5. Repealing Clause. - All laws, executive orders, administrative orders, and

rules and regulations inconsistent with this Act are hereby repealed or amended accordingly.

Sec. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,