The Senate approved on second reading a bill seeking to exempt underprivileged and homeless citizens from posting a supersedeas bond when appealing eviction rulings, removing a financial hurdle that lawmakers say prevents low-income families from pursuing judicial relief.
Senate Bill No. 70, authored by Senator Rodante Marcoleta and sponsored by Senator Francis “Chiz” Escudero, amends Section 28 of the Urban Development and Housing Act of 1992.
Escudero, chairman of the Senate Committee on Urban Planning, Housing and Resettlement, emphasized that the measure safeguards the right of impoverished families to contest court decisions.
“Magandang hakbang ito para sa ating mga kababayan. Ibig sabihin po nito, dahil sa ating isinulong na amendment, hindi mawawalan ng pagkakataong umapela ang mahihirap nating kababayan kahit wala silang kakayahang magbayad ng bond,” Escudero stated.
While a supersedeas bond typically suspends the enforcement of an eviction order during an appeal, the cost often prevents indigent litigants from continuing their legal defense.
Under the proposed bill, eviction orders will still require court authorization, but qualified low-income citizens can appeal without posting the bond.
“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,” Escudero said.
Prior to second-reading approval, senators adopted an amendment proposed by Senator Erwin Tulfo and introduced by Escudero.
The amendment requires appellants to submit proof of indigency and homelessness within the appeal period, alongside a social case study report from their local social welfare office to prevent misuse of the exemption. With amendments concluded, the bill now awaits third and final reading.
