;g ; | S e n a te

of tlje &rcr?tarj>

S E V E N T E E N T H C O N G R E S S O F TH E R E P U B L IC )
O F TH E P H ILIP P IN E S ) '17 HARM P6 41
First Regular Session )

RECEIVED BY:
SENATE

C O M M IT T E E R E P O R T NO. 55

S ubm itted jo in tly by the C om m ittee s on U rban Planning, H ousing and R esettlem ent;

and Local G ove rnm ent on ^ ^ !

I ^
Re; S E N A T E BILL NO. 1393
R ecom m ending its approval in sub stitutio n o f S enate Bill Nos. 3 3 1 ,9 3 6 , and 1216

S ponsor: S en a to r Ejercito

MR. P R E S ID E N T:

T he C om m ittees on U rban Planning, H ousing and R ese ttlem e nt and Local

G ove rnm ent to w hich w ere referred S enate Bill No. 331, introduced by S enators

Joseph V icto r G. E jercito and Joel V illanueva, entitled:

“ AN ACT

E S T A B L IS H IN G AN O N -S IT E , IN -C IT Y OR N E A R -C IT Y R ESETTLEM EN T

P R O G R A M FO R IN F O R M A L S E T T L E R F A M ILIE S IN A C C O R D A N C E W ITH A

P E O P L E ’S P LA N AND M A N D A T IN G R E L O C A T IN G LO C AL GOVERNM ENT

U N ITS TO P R O V ID E OTHER B A S IC S E R V IC E S AND L IV E L IH O O D

C O M P O N E N TS IN F A V O R OF TH E R E C IP IE N T L O C A L G O V E R N M E N T U N IT,

A M E N D IN G FO R TH E P U R P O S E R E P U B L IC A C T NO. 7279, A S A M E N D E D ,

O T H E R W IS E K N O W N A S TH E ‘U R B A N D E V E L O P M E N T A N D H O U S IN G A C T O F

19 92” ’

S enate Bill No. 936, introduced by S e n a to r Risa H ontiveros, entitled;

“ AN ACT

E S T A B L IS H IN G A N ON - SITE, IN - C IT Y O R N E A R - C IT Y R E S E T T L E M E N T

PROGRAM FO R IN F O R M A L SETTLER F A M IL IE S AND, IN C O N N E C T IO N

 i r

T H E R E W IT H , M A N D A T IN G THAT LO C AL GOVERNM ENT U N ITS P R O V ID E

LIV E LIH O O D A S S IS T A N C E A N D O T H E R B A S IC S E R V IC E S , A M E N D IN G FO R

TH E P U R P O S E R E P U B LIC A C T NO. 7279, A S A M E N D E D , O T H E R W IS E K N O W N

A S TH E ‘ U R B A N D E V E L O P M E N T A C T O F 19 92” ’

and S enate Bill No. 1216, entitled by S en a to r G race Poe, entitled:

“ AN ACT

AN ACT E S T A B L IS H IN G AN O N -S IT E , IN -C IT Y OR NEAR - C ITY

R E S E T T LE M E N T PROGRAM FO R IN F O R M A L SETTLER F A M IL IE S IN

ACCORDANCE W ITH A PEO PLE’S P LA N AND M A N D A T IN G LO C AL

GOVERNM ENT U N ITS TO P R O V ID E OTHER B A S IC S E R V IC E S AND

LIV E L IH O O D C O M P O N E N T S IN R E S E T T L E M E N T S ITE S , A M E N D IN G FO R TH E

P U R P O S E R E P U B LIC A C T NO. 7279, AS A M D E N D E D , O T H E R W IS E K N O W N AS

TH E ‘ U R B A N D E V E L O P M E N T A N D H O U S IN G A C T O F 19 9 2 ’ ”

have considered the sam e and have the h o nor to report these bills back to the

S enate w ith the recom m endation tha t S enate Bill Nos. 331, 936 and 1216, the

attached bill. S enate Bill No. 1 3 9 8 . prepared jo in tly by the C om m ittees,

entitled:

“ AN AC T

E S T A B L IS H IN G O N -S IT E , IN -C ITY, O R N E A R -C IT Y S T R A T E G Y FO R IN F O R M A L

S E T T L E R F A M ILIE S IN C O N S ID E R A T IO N W ITH A P E O P L E ’ S P LA N A N D

M A N D A T IN G L O C A L G O V E R N M E N T U N ITS TO P R O V ID E O T H E R B A S IC

S E R V IC E S A N D L IV E L IH O O D C O M P O N E N T S IN R E S E T T L E M E N T S ITES,
A M E N D IN G FO R TH E P U R P O S E R E P U B LIC A C T NO. 7279, AS A M E N D E D ,

O T H E R W IS E K N O W N A S TH E “ U R B A N D E V E L O P M E N T A N D H O U S IN G A C T

•
OF 19 9 2 ” 4

be approved in sub stitutio n o f S enate Bill Nos. 331, 936 and 1216 w ith S enators
Ejercito, V illanueva, H ontiveros, Poe, and A ngara as authors.

2-
 R espectfully subm itted:

C h a irp e rs o n s :

S O N N Y ^A N G A R A J O S E P H V IC T O R G. E JE R C IT O
Committee on Local Governm ent Committee on Urban Planning
Housing, and Resettlem ent

V ic e C h a irp e rs o n s :

&jxycoujS^<juJL
R IS A H O N TIV E R O S ^ G A T jC H A LIA I
Committee on Local Governm ent ')o m m itt^ on Local Governm ent
t^ ll[ ti/rLiurj)pMa:£jr j

M e m b e rs :

IG U E L “ M IG Z ” F. Z U B IR I L-eRENTEGARD^

LA N U E VA C Y N T H IA A . V IL L A R
G R E G O R IO B . H O N A S A N II M A R IA l/O U R D E S N A N C Y S. B IN A Y

SEN. ANTONIO F. TRILLANES IV FRANCIS “ CHIZ” G. ESCUDERO

SEN. PAOLO BENIGNO “ BAM” AQUINO IV

E x -O ffic io M e m b e rs :

RALPH G. RECTO VICENTE C.pOTTO

President Pro-Tem pore M ajority Leader

FRANKLIN M. DRILON
M inority Leader

Hon. AQUILINO “ KOKO” PIMENTEL III

President
Senate o f the Philippines
Pasay City

-4-
 ^ '1 S e n a te
n( Hu1 ,:;Lu'tV;'tnrP

SEVENTEENTH CONGRESS OF THE

REPUBLIC OF THE PHILIPPINES •17 mR14 P6A2
First Regular Session
„ aSV
RECl I v l D tiV.

SENATE
SENATE BILL NO. 1 RHR
(In substitution of Senate Bill Nos. 331, 936 and 1216)

Prepared and submitted jointly by the Committees on Urban

Planning, Housing and Resettlement; and Local Government with
Senators Ejercito, Hontiveros, Poe and Angara as authors thereof

"AN ACT
ESTABLISHING ON-SITE, IN-CITY, OR NEAR-CITY STRATEGY FOR
INFORMAL SETTLER FAMILIES IN CONSIDERATION WITH A
PEOPLE'S PLAN AND MANDATING LOCAL GOVERNMENT UNITS TO
PROVIDE OTHER BASIC SERVICES AND LIVELIHOOD COMPONENTS
IN RESETTLEMENT SITES, 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 House of Representatives of the Philippines in Congress

assembled:

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

2 City or Near-City Resettlement Program Act".

3 SEC. 2. Amendatory Provisions. - For purposes of this Act, the

4 following provisions of Republic Act No. 7279, otherwise known as the "Urban

5 Development and Housing Act of 1992", are hereby amended as follows:

6 (a) Section 3 of Republic Act No. 7279 is hereby amended to read as

7 follows:

SEC. 3. Definition of Terms. - For purposes of this Act:

//
XXX

Page I1
1 "(w) XX x; [and]

2 "(x) 'Zonal Improvement Program or ZIP' refers to the program of

3 the National Housing Authority of upgrading and improving

4 INFORMAL SETTLEMENTS within the cities and municipalities of

5 Metro Manila pursuant to existing statutes and pertinent executive

6 issuances[.];

7 "(Y) 'ADEQUATE AND GENUINE CONSULTATION' REFERS

8 TO THE STANDARD OF CONSULTATION WITH THE AFFECTED

9 INFORMAL SETTLER FAMILIES (ISFs) WHICH SHALL REQUIRE

10 THE FOLLOWING:

11 "(1) EFFECTIVE DISSEMINATION AND FULL ACCESS TO

12 RELEVANT INFORMATION AND DOCUMENTS INCLUDING BUT

13 NOT LIMITED TO LAND RECORDS, HOUSING BUDGETS, THE

14 PROPOSED PLAN OR PROJECT, ALTERNATIVE HOUSING

15 OPTIONS, AND COMPREHENSIVE RESETTLEMENT PLANS;

16 "(2) REASONABLE TIME FOR THE PUBLIC TO REVIEW,

17 COMMENT AND OBJECT TO THE PROPOSED PLAN OR

18 PROJECT;

19 "(3) PROVISION BY THE GOVERNMENT OR NON­

20 GOVERNMENT ORGANIZATIONS OF LEGAL, TECHNICAL, AND

21 OTHER ADVICE TO AFFECTED PERSONS ON THEIR RIGHTS

22 AND OPTIONS;

23 "(4) PUBLIC HEARINGS THAT PROVIDE AFFECTED ISFs

24 AND THEIR ADVOCATES WITH OPPORTUNITIES TO

P a g e 12
1 CHALLENGE THE EVICTION DECISION OR PRESENT

2 ALTERNATIVE PROPOSALS AND TO ARTICULATE THEIR

3 DEMANDS AND DEVELOPMENT PRIORITIES; AND

4 "(Z) 'CIVIL SOCIETY ORGANIZATIONS OR CSOs' REFERS

5 TO NON-GOVERNMENTAL ORGANIZATIONS (NGOs), PEOPLE'S

6 ORGANIZATIONS (POs), COOPERATIVES, TRADE UNIONS,

7 PROFESSIONAL ASSOCIATIONS, FAITH-BASED

8 ORGANIZATIONS, MEDIA GROUPS, INDIGENOUS PEOPLES

9 MOVEMENTS, FOUNDATIONS AND OTHER CITIZEN'S GROUPS

10 FORMED PRIMARILY FOR SOCIAL AND ECONOMIC

11 DEVELOPMENT TO PLAN AND MONITOR GOVERNMENT

12 PROGRAMS AND PROJECTS, ENGAGE IN POLICY

13 DISCUSSIONS, AND ACTIVELY PARTICIPATE IN

14 COLLABORATIVE ACTIVITIES WITH THE GOVERNMENT;

15 "(AA) 'IN-CITY RESETTLEMENT' REFERS TO A

16 RELOCATION SITE WITHIN THE JURISDICTION OF THE LOCAL

17 GOVERNMENT UNIT (LGU) WHERE THE AFFECTED ISFs ARE

18 LIVING;

19 "(BB) 'INFORMAL SETTLEMENTS' REFERS TO:

20 "(1) RESIDENTIAL AREAS WHERE HOUSING UNITS

21 HAVE BEEN CONSTRUCTED BY SETTLERS ON LAND

22 WHICH THEY OCCUPY ILLEGALLY; OR

P a g e 13
 1 "(2) UNPLANNED SETTLEMENTS AND AREAS WHERE

2 HOUSING IS NOT IN COMPLIANCE WITH EXISTING

3 PLANNING AND BUILDING REGULATIONS;

4 "(CC) INFORMAL SETTLER FAMILIES (ISFs)

5 INDIVIDUALS OR HOUSEHOLDS LIVING UNDER ANY OF THE

6 FOLLOWING CONDITIONS:

7 1. A LOT/DWELLING UNIT WITHOUT CONSENT OF THE

8 PROPERTY OWNER;

9 2. DANGER AREAS;

10 3. AREAS FOR GOVERNMENT INFRASTRUCTURE

11 PROJECTS;

12 4. PROTECTED/FOREST AREAS (EXCEPT FOR

13 INDIGENOUS PEOPLES);

14 5. AREAS FOR PRIORITY DEVELOPMENT AS DECLARED

15 UNDER PROCLAMATION NO. 1967, SERIES OF 1980, IF

16 APPLICABLE; AND

17 6. OTHER GOVERNMENT/PUBLIC LANDS OR FACILITIES

18 NOT INTENDED FOR HUMAN HABITATION.

19 "(DD) 'NEAR-CITY RESETTLEMENT' REFERS TO A

20 RELOCATION SITE WITHIN THE JURISDICTION OF A LOCAL

21 GOVERNMENT UNIT ADJACENT TO THE LOCAL GOVERNMENT

22 UNIT HAVING JURISDICTION OVER THE PRESENT

23 SETTLEMENTS OF THE INFORMAL SETTLER FAMILIES.

P a g e 14
 1 "(EE) 'NON-GOVERNMENT ORGANIZATION OR NGO

2 REFERS TO A DULY REGISTERED NON-STOCK, NON-PROFIT

3 ORGANIZATION FOCUSING ON THE UPLIFTMENT OF THE

4 BASIC OR DISADVANTAGED SECTORS OF SOCIETY BY

5 PROVIDING ADVOCACY, TRAINING, COMMUNITY

6 ORGANIZING, RESEARCH, ACCESS TO RESOURCES, AND

7 OTHER SIMILAR ACTIVITIES, AS DEFINED UNDER REPUBLIC

8 ACT NO. 8425, OTHERWISE KNOWN AS THE 'SOCIAL REFORM

9 AND POVERTY ALLEVIATION ACT' AND ORGANIZED AND

10 OPERATED EXCLUSIVELY FOR SCIENTIFIC, RESEARCH,

11 EDUCATIONAL, CHARACTER-BUILDING AND YOUTH AND

12 SPORTS DEVELOPMENT, HEALTH, SOCIAL WELFARE,

13 CULTURAL OR CHARITABLE PURPOSES, OR A COMBINATION

14 THEREOF, AND NO PART OF THE NET INCOME OF WHICH

15 INURES TO THE BENEFIT OF ANY PRIVATE INDIVIDUAL

16 PURSUANT TO SECTION 34 (H) (2) (C) (1) OF REPUBLIC ACT NO.

17 8424, AS AMENDED, OTHERWISE KNOWN AS THE 'TAX REFORM

18 ACT OF 1997';

19 "(FF) OFF-CITY RESETTLEMENT REFERS TO A

20 RELOCATION SITE DEVELOPED OUTSIDE AND NOT ADJACENT

21 TO THE LOCAL GOVERNMENT UNIT WHERE THE AFFECTED

22 INFORMAL SETTLER FAMILIES HAVE THEIR SETTLEMENTS.

23 "(GG) 'PEOPLE'S PLAN' REFERS THE PLAN FORMULATED

24 AND INITIATED BY THE BENEFICIARY-ASSOCIATION, W ITH

Page I 5
1 THE ASSISTANCE OF CONCERNED GOVERNMENT AGENCIES;

2 AND

3 "(HH) 'SOCIAL PREPARATION' REFERS TO THE PROCESS

4 OF ESTABLISHING SOCIAL, ORGANIZATIONAL, AND

5 INSTITUTIONAL NORMS AND MECHANISMS. SUCH NORMS

6 AND MECHANISMS WILL: (1) ENABLE THE SETTLERS TO COPE

7 WITH CHANGES; AND (2) IN PARTNERSHIP WITH CONCERNED

8 INSTITUTIONS AND STAKEHOLDERS, ENCOURAGE THE

9 SETTLERS NOT ONLY TO WORK AMONG THEMSELVES FOR

10 THE PURPOSE OF DRAWING UP AND UNDERTAKING THEIR

11 HOUSING RESETTLEMENT PROPOSALS BUT ALSO TO

12 ACTIVELY AND MEANINGFULLY PARTICIPATE IN HOUSING

13 RESETTLEMENT PROJECTS UNDERTAKEN IN THEIR BEHALF,

14 THUS RESOLVING COLLECTIVE ACTION PROBLEMS AMONG

15 COMMUNITY MEMBERS AND COORDINATION PROBLEMS

16 WITH GOVERNMENT AND OTHER ENTITIES.";

17 (b) Section 21 of the same Act is hereby amended to read as follows:

18 "SEC. 21. Basis Services - Socialized housing or resettlement areas

19 shall be provided by the local government unit, IN

20 COORDINATION WITH [or] the [National Housing Authority]

21 HOUSING AND URBAN DEVELOPMENT COORDINATING

22 COUNCIL (HUDCC) AND ITS ATTACHED AGENCIES, OTHER

23 RELEVANT GOVERNMENT AGENCIES, AND [in cooperation

Page I 6
1 with the] private developers [and concerned agencies] with the

2 following basic services and facilities:

3 a) Potable AND TREATED water SUPPLY;

4 b) Power and electricity and an adequate power distribution system;

5 c) SANITATION FACILITIES INCLUDING [S]sewerage

6 [facilities], MATERIAL RECOVERY FACILITEIS, GARBAGE

7 COLLECTION and an efficient and adequate soUd waste disposal

8 system;

9 d) Access to primary roads and transportation facihties.

10 "The provision of other basic services and facilities such as health,

11 education, communications, security, recreation, relief welfare, AND

12 LIVELIHOOD COMPONENTS shall be planned and shall be given

13 priority for implementation by the local government unit and

14 concerned agencies in cooperation with the private sector and the

15 beneficiaries themselves. THE CONCERNED LOCAL

16 GOVERNMENT UNITS AND NATIONAL GOVERNMENT

17 AGENCIES SHALL SIGN A MEMORANDUM OF AGREEMENT

18 (MOA) WHICH SHALL SPECIFY THEIR DUTIES,

19 RESPONSIBILITIES, AND TIMETABLES FOR THEIR

20 COMPLETION. COPIES OF THE MOA SHALL BE PUBLISHED

21 IN THE WEBSITE OF THE LEAD LOCAL GOVERNMENT UNIT

22 AND GIVEN TO THE AFFECTED ISFS AT LEAST THIRTY (30)

23 DAYS PRIOR TO THE START OF THE RESETTLEMENT

24 PROCESS; PRVIDED, THAT THE RECIPIENT LOCAL

P a g e 17
1 GOVERNMENT UNITS IN CASES OF NEAR CITY OR OFF-CITY

2 RESETTLEMENT SHALL ALSO BE CONSULTED AND SHALL

3 PARTICIPATE IN THE PROVISION OF BASIC SERVICES AS

4 REQUIRED UNDER THIS PROVISION."

5 The local government unit, in coordination with the concerned

6 national agencies, shall ensure that these basic services are provided

7 at the most cost efficient rates, and shall set as mechanism to

8 coordinate operationally the thrusts, objectives and activities of other

9 government agencies concerned with providing basic services to

10 housing projects. THE HUDCC AND THE BUREAU OF LOCAL

11 GOVERNMENT FINANCE OF THE DEPARTMENT OF

12 FINANCE SHALL JOINTLY WORK ON THE COST-SHARING

13 MECHANISM NECESSARY TO FULLY IMPLEMENT THE

14 PROVISION OF SUCH OTHER BASIC SERVICES AND

15 FACILITIES."

16 (c) Section 23 of the same Act is hereby amended to read as follows;

17 "SEC. 23. Participation of PROGRAM Beneficiaries OR AFFECTED

18 ISFs, FORMATION OF BENEFICIARY-ASSOCIATION, AND

19 FORMULATION AND IMPLEMENTATION OF A PEOPLE'S

20 PLAN. - The LGUs, in coordination with the PCUP and concerned

21 government agencies, shall afford Program beneficiaries OR

22 AFFECTED ISFs or their duly designated representatives an

23 opportunity to be heard and to participate in the decision-making

24 process over matters involving the protection and promotion of their

Page I 8
1 legitimate collective interests which shall include appropriate

2 documentation and feedback mechanisms. They shall also be

3 encouraged to organize themselves [and imdertake self-help

4 cooperative housing and other hvehhood activities] INTO AN

5 ASSOCIATION FOR ACCREDITATION AS BENEFICIARIES OR

6 AWARDEES OF OWNERSHIP RIGHTS UNDER THE

7 RESETTLEMENT PROGRAM, COMMUNITY MORTGAGE

8 PROGRAM, LAND TENURE ASSISTANCE PROGRAM, AND

9 OTHER SIMILAR PROGRAMS IN RELATION TO A

10 SOCIALIZED HOUSING PROJECT ACTUALLY BEING

11 IMPLEMENTED BY THE NATIONAL GOVERNMENT OR BY

12 THE LOCAL GOVERNMENT UNITS. They shall assist the

13 government in preventing the incursions of professional squatters

14 and members of squatting syndicates into their communities.

15 "In instances when the affected beneficiaries have failed to

16 organize themselves or form an [alhance] ASSOCIATION within a

17 reasonable period prior to the implementation of the program or

18 projects affecting them, consultation between the implementing

19 agency and the affected beneficiaries shall be conducted with the

20 assistance of the PGUP and the concerned NGO UNTIL AN

21 ASSOCIATION IS FORMED IN PLACE.

22 "THE ASSOCIATION, IN COORDINATION WITH THE

23 PCUP WITH OR WITHOUT THE SUPPORT OF CSOs, SHALL

24 FORMULATE A 'PEOPLE'S PLAN' THROUGH A PROCESS OF

Page I 9
1 CONSULTATION WHICH SHALL CONTAIN A SITE

2 DEVELOPMENT PLAN, INCLUDING NON-PHYSICAL

3 DEVELOPMENT COMPONENTS SUCH AS SELF-HELP

4 HOUSING COOPERATIVE, LIVELIHOOD, SELF-HELP

5 DEVELOPMENT, AND CAPABILITY-BUILDING TRAININGS.

6 'THE ASSOCIATION, WITH THE ASSISTANCE OF CSOs

7 AND GOVERNMENT AGENCIES INCLUDING THE NATIONAL

8 ANTI-POVERTY COMMISSION (NAPC), PCUP, NATIONAL

9 HOUSING AUTHORITY (NHA), CITY OR MUNICIPAL SOCIAL

10 WELFARE AND DEVELOPMENT OFFICE, SOCIAL HOUSING

11 FINANCE CORPORATION (SHFC), AND OTHER RELEVANT

12 GOVERNMENT AGENCIES, SHALL AGREE ON, DEVELOP,

13 AND IMPLEMENT THE PEOPLE'S PLAN.

14 "IN ACCORDANCE WITH THE PROTECTION GUIDELINES

15 PROVIDED UNDER SECTION 28 OF THIS ACT, A

16 RELOCATION ACTION PLAN SHALL BE AN INDISPENSABLE

17 COMPONENT OF THE PEOPLE'S PLAN. THE RELOCATION

18 ACTION PLAN SHALL INCLUDE THE FOLLOWING

19 OBJECTIVES:

20 "(A) ENSURE SAFE, AFFORDABLE, DECENT, AND

21 HUMANE CONDITION OF RELOCATION, INCORPORATING

22 THEREIN APPROPRIATE DISASTER RISK REDUCTION

23 MANAGEMENT AND CLIMATE CHANGE ADAPTATION

24 STANDARDS;

P a g e I 10
 1

2 "(B) PROVIDE ADEQUATE SOCIAL PREPARATION; AND

3 "(C) PREVENT FORCED EVICTION: PROVIDED,

4 THAT PRIMARY CONSIDERATION SHALL BE GIVEN TO THE

5 HOUSING FINANCIAL SCHEME SUGGESTED IN THE

6 PEOPLE'S PLAN.";

7 (d) Section 26 of the same Act is hereby amended to read as follows:

8 "SEC. 26. Urban Renewal and Resettlement. - [This] URBAN

9 RENEWAL AND RESETTLEMENT shall include the rehabilitation

10 and development of informal settlements and the resettlement of

11 Program beneficiaries in accordance with the provisions of this Act

12 On-site development shall be implemented [whenever possible]

13 AFTER ADEQUATE AND GENUINE CONSULTATION WITH

14 THE AFFECTED ISFs, AND IN ACCORDANCE WITH THE

15 PEOPLE'S PLAN FORMULATED PURSUANT TO SECTION 23

16 OF THIS ACT, in order to ensure minimum movement of informal

17 settler families.

18 "[The] WHERE DEMOLITION OR EVICTION IS ALLOWED

19 IN THE AREA OCCUPIED BY THE PROGRAM BENEFICIARIES

20 PURSUANT TO SECTION 28 OF THIS ACT, AND ON-SITE

21 RESETTLEMENT CANNOT BE UNDERTAKEN BY REASON

22 THEREOF, THE IN-CITY resettlement of the beneficiaries of the

23 Program from their existing places of occupancy shall be undertaken

24 only [when on-site development is not feasible and] after compliance

P a g e I 11
 1 with the procedures laid down in [Section 28 of this Act] THE SAME

2 SECTION OF THIS ACT AND IN CONSIDERATION WITH THE

3 PREFERENCE OF THE AFFECTED ISFs AS CONTAINED IN THE

4 PEOPLE'S PLAN.

5 "SHOULD IN-CITY RESETTLEMENT NOT BE FEASIBLE,

6 NEAR-CITY RESETTLEMENT SHALL BE CONSIDERED. OFF-

7 CITY RESETTLEMENT SHALL BE THE LAST RESORT AND

8 MUST SATISFY THE REQUIREMENTS OF ADEQUATE AND

9 GENUINE CONSULTATION PRIOR TO RELOCATION."

10 "ACQUISITION OF LANDS TO BE USED FOR

11 RESETTLEMENT PROGRAMS SHALL COMPLY WITH THE

12 PROVISION OF SEC. 9 OF THIS ACT"; and

13 (e) Section 29 of the same Act is hereby amended to read as follows:

14 "SEC. 29. Resettlement. - Within two (2) years from the effectivity

15 of this Act, the local government units, in coordination with the

16 NHA, shall implement the relocation and resettlement of persons

17 living in danger areas such as esteros, railroad tracks, garbage

18 dumps, riverbanks, shorelines, waterwTays, and in other public places

19 such as sidewalks, roads, parks, playgrounds AND THOSE

20 AFFECTED BY GOVERNMENT INFRASTRUCTURE PROJECTS.

21 The LGU, in coordination with the CONCERNED GOVERNMENT

22 AGENCIES AND AFFECTED LGUs IN CASES OF NEAR-CITY

23 AND OFF-CITY RESETTLEMENT, shall provide relocation or

24 resettlement sites with basic services and facilities and access to

P a g e I 12
 1 employment and livelihood opportunities sufficient to meet the basic

2 needs of the affected famiUes.

3 "ALL LOCAL GOVERNMENT UNITS SHALL IDENTIFY

4 POTENTIAL RESETTLEMENT AREAS IN THEIR

5 COMPREHENSICE LAND USE PLANS (CLUPs)."

6 "IN ADDITION TO THE FUNDING SOURCES PROVIDED

7 UNDER SECTION 42 OF THIS ACT, THE ALLOCATION FOR

8 THE BASIC SERVICES AND FACILITIES MAY BE TAKEN BY

9 THE LGU IMPLEMENTING THE RELOCATION OR

10 RESETTLEMENT FROM THE TWENTY PERCENT (20%) OF THE

11 INTERNAL REVENUE ALLOTMENT APPROPRIATED FOR

12 DEVELOPMENT PROJECTS AS MANDATED UNDER SECTION

13 287 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE

14 'LOCAL GOVERNMENT CODE OF 1991'."

15 SEC. 3. Implementing Rules and Regulations. - The principles,

16 pohcies and provisions of this Act shall be incorporated in the

17 National Shelter Program.

18 The HUDCC and the Department of the Interior and Local

19 Government (DILG), in consultation and coordination with

20 appropriate government agencies, CSOs, NGOs, representatives from

21 the private sector, and ISFs, shall promulgate a new set of

22 implementing rules and regulations within sixty (60) days from the

23 effectivity of this Act. The implementing rules and regulations shall

24 be consistent with the provisions of this Act, particularly with the

P a g e I 13
 1 amendments, parameters, and standards introduced to Sections 23,

2 26, and 29 of the "Urban Development and Housing Act of 1992",

3 and shall include the following:

4 (a) A People's Plan template to guide ISFs in the development of

5 their own People's Plan: Provided, That such template shall be a

6 complete pro forma People's Plan: Provided, however, That such a

7 template shall be used to benchmark the minimum standards in a

8 People's Plan; and

9 (b) A guide to effective implementation of the People's Plan,

10 including details on the necessity of the issuance of internal

11 memoranda by concerned agencies.

12 The implementing rules and regulations issued pursuant to this

13 section shall take effect thirty (30) days after its publication in two (2)

14 national newspapers of general circulation.

15 SEC. 4. CONGRESSIONAL OVERSIGHT COMMITTEE -

16 There is hereby created a Congressional Oversight Committee to

17 oversee, monitor, and evaluate the implementation of this Act

18 The Oversight Committee shall be composed of five (5) members

19 from the Senate which shall include the Chairpersons of the Senate

20 Committee on Urban Planning, Housing and Resettlement and five

21 (5) members from the House of Representatives, which shall include

22 the House of Representatives Committee on Housing and Urban

23 Development. The four (4) other members from each Chamber shall

24 be designated by the Senate President and the Speaker of the House

P a g e 1 14
 1 of Representatives, respectively. The Minority shall have at least one

2 (1) representative from both Chambers.

3 SEC. 5. Repealing Clause. - All laws, decrees, executive orders,

4 proclamations, rules and regulations, and other issuances, or parts

5 thereof which are inconsistent with the provisions of this Act are

6 hereby repealed, amended or modified accordingly.

7 SEC. 6. Separability Clause. - If, for any reason, any part, section

8 or provision of this Act is held invalid or imconstitutional, the

9 remaining provisions not affected thereby shall continue to be in full

10 force and effect.

11 SEC. 7. Effectivity. - This Act shall take effect fifteen (15) days

12 after its publication in the Official Gazette or in a newspaper of general

13 circulation.

14 Approved,

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