THE Senate on Tuesday unanimously approved on third and final reading a bill that exempts underprivileged and homeless individuals from posting supersedeas bonds when appealing ejectment cases.
Senate Bill 70, authored by detained Sen. Rodante Marcoleta and sponsored by Sen. Francis Escudero as chairman of the Committee on Urban Planning, Housing and Resettlement, was approved with 19 affirmative votes and no negative votes during a plenary session.
The bill strengthens legal protections for vulnerable families facing eviction by amending Section 28 of the Urban Development and Housing Act of 1992.
Under the bill, evictions and demolitions would continue to be governed by court orders. But underprivileged and homeless citizens would no longer be required to post a supersedeas bond to perfect their appeal.
A supersedeas bond is required to suspend the enforcement of an eviction order while an appeal is pending. But lawmakers noted that the financial requirement has become a barrier for many indigent families seeking judicial relief.
Escudero earlier said the proposal would ensure that financially disadvantaged families are not deprived of their right to appeal simply because they cannot afford the bond.
“This is a good step for our people. Because of the amendment we advanced, poor Filipinos will not lose their opportunity to appeal even if they cannot afford the bond,” he said.
“Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed when there is a court order for eviction, provided that no supersedeas bond shall be required of underprivileged and homeless citizens to perfect an appeal,” he added.
To prevent abuse, appellants must submit proof of indigency and homelessness within the prescribed appeal period, supported by a social case study report from the city or municipal social welfare office.
The safeguard was introduced through an amendment proposed by Sen. Erwin Tulfo and adopted by the chamber before the period of amendments closed.
