MARCH 17, 2016

NR # 4142B

Proposed code of conduct for eviction of homeless persons and

demolition of dwellings endorsed for plenary approval
Two House committees have reported out for plenary approval a proposal
prescribing a code of conduct for the eviction of underprivileged or homeless people, or
the demolition of their dwellings, and penalizing such acts.
The Committee on Appropriation chaired by Rep. Isidro T. Ungab (3 rd District,
Davao City) and on Housing and Urban Development chaired by Rep. Alfredo B. Benitez
(3rd District, Negros Occidental) endorsed for plenary approval, prior to the congressional
adjournment, House Bill 6446, which seeks to amend Republic Act No. 7279, otherwise
known as the Urban Development and Housing Act of 1992 to prevent unfortunate
incidents during demolitions or evictions and ensure protection of the human rights of all
concerned.
The bill is principally authored by Rep. Gustavo S. Tambunting (2 nd District,
Paraaque City) who said the outbreak of violence during evictions and demolitions of
urban and rural poor residents oftentimes results in injuries or loss of lives.
Moreover, Tambunting said the difficulty of coordinating the various stakeholders,
including branches and agencies of the government, have caused jurisdiction problems.
We hope that with the adoption of a code of conduct, all these unfortunate
incidents will be minimized, if not totally avoided, said Tambunting, a vice chairman of
the Committee on Trade and Industry.
House Bill 6446 amends RA 7279 so that eviction and demolition as a practice shall
be discouraged. Eviction or demolition may be allowed when persons or entities occupy a
danger area or high risk area which poses a high level of threat to public welfare and
safety that cannot be addressed through or remedied by scientific, physical and
engineering methods and, thereby, unsuitable for settlement and suitable structures.
A permanent area can only be declared as a danger area or high-risk area through an
appropriate technical study and adequate public consultation with the affected persons or
entities.
Eviction or demolition may also be allowed when there is a court order for such. No
execution of eviction or demolition order shall proceed and be carried out during the
pendency of an appeal notwithstanding the failure to file as supersede as bond to stay the
execution of the order if the appellant is an underprivileged and homeless citizen.

No eviction or demolition can be done without the conduct of social preparation

activities related to asset reform, human development and basic services, employment and
livelihood, and other government programs for the affected underprivileged or homeless
person.
A consultation in the form of an inter-agency pre-eviction or pre-demolition
conference with the affected citizens shall be convened by the national government
agency or the local government unit authorized to evict or demolish.
The local Philippine National Police (PNP) personnel, whose function is to provide
law enforcement and civil disturbance control, but not to participate in the physical
dismantling of any structure, shall actively participate in the consultation process and their
role shall be clearly set forth.
The Department of Interior and Local Government (DILG), Department of Social
Welfare and Development (DSWD), Department of Education (DepEd), Department of
Public Works and Highways (DPWH), National Housing Authority (NHA), Presidential
Commission for the Urban Poor (PCUP), Department of Health (DOH), appropriate key
shelter agencies and barangay concerned shall be represented in the preeviction/demolition conference.
The conference shall be held within 72 hours prior to the eviction or demolition
date. The conference shall be recorded or documented.
Another eviction/ demolition requirement is a Certificate of Compliance from the
PCUP to the actual implementation of the eviction/ demolition activity.
There shall be an observance of a minimum standard of conduct based on the rules
of engagement that apply maximum tolerance to prevent violence or the escalation
thereof.
Other authors of the bill are Reps. Erlinda M. Santiago, Ibarra Barry M. Gutierrez
III, Walden F. Bello (Resigned), Cresente C. Paez, Anthony M. Bravo, Benitez, Kaka J.
Bag-ao, Maria Leonora Gerona-Robredo, Benjamin D. Asilo, Jose Christopher Y.
Belmonte, Gary C. Alejano, Alfredo D. Vargas III, Enrico R. Echiverri, Edgar R. Erice,
Roman T. Romulo, Winston Winnie Castelo, Fernando L. Hicap, Emmi A. de Jesus,
Juan Johnny R. Revilla, and Scott Davies S. Lanete. (30) rbb