The Senate on Wednesday, Aug. 5, approved on second reading a bill that would allow underprivileged and homeless citizens to appeal eviction cases without having to post a supersedeas bond, a requirement lawmakers said often prevents poor families from challenging court decisions.

Senate Bill No. 70, authored by Sen. Rodante Marcoleta and sponsored by Sen. Francis "Chiz" Escudero, seeks to amend Section 28 of the Urban Development and Housing Act of 1992 by removing the bond requirement for qualified appellants in ejectment cases.

Escudero, who chairs the Senate Committee on Urban Planning, Housing and Resettlement, said the proposal would ensure that financially disadvantaged families are not deprived of their right to appeal simply because they cannot afford the bond.

“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 (This is a positive step for our fellow Filipinos. It means that because of the amendment we pushed for, our poor countrymen will not lose the opportunity to appeal even if they do not have the means to pay the appeal bond),” Escudero said.

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.

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.

“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,” the veteran legislator said.

Before the measure was approved on second reading, the Senate adopted an amendment introduced by Escudero based on a proposal from Sen. Erwin Tulfo.

The amendment requires appellants seeking the exemption to submit proof that they are both indigent and homeless within the prescribed appeal period. Their claim must also be supported by a social case study report prepared by the city or municipal social welfare office to prevent misuse of the exemption.

After adopting the amendment, the chamber closed the period of individual and committee amendments, paving the way for the bill's approval on third and final reading.