Senate Advances Bill to Abolish Eviction Bond for Poor Appellants

Manila: Indigent and homeless Filipinos facing eviction would no longer be required to post a supersedeas bond when appealing ejectment cases under a bill approved by the Senate on second reading. A supersedeas bond is a court-required payment that stays the implementation of an eviction order while an appeal is pending.

According to Philippines News Agency, Senator Francis 'Chiz' Escudero stated that Senate Bill No. 70 would prevent poverty from denying vulnerable families the opportunity to challenge an eviction order before a higher court. Escudero emphasized that this legislative move ensures that poor Filipinos will not lose their right to appeal due to financial constraints, as the requirement to post a bond often poses a financial barrier for those seeking legal relief.

The measure, authored by Senator Rodante Marcoleta and sponsored by Escudero as chairperson of the Senate Committee on Urban Planning, Housing and Resettlement, aims to amend Section 28 of the Urban Development and Housing Act of 1992. The bill stipulates that while eviction or demolition remains discouraged, it may proceed when backed by a court order. However, underprivileged and homeless citizens would be exempted from posting a supersedeas bond to perfect an appeal.

To prevent potential abuse of this exemption, appellants must submit proof of indigency and homelessness within the prescribed appeal period. This requirement must be supported by a social case study report from the city or municipal social welfare office. This safeguard was introduced through an amendment proposed by Senator Erwin Tulfo and subsequently adopted by the chamber before the period of amendments was closed.