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Law, Normative Pluralism, and Post-Disaster
Recovery

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Vivencio O. Ballano

Law, Normative Pluralism,

and Post-Disaster Recovery
Evaluating the Post-Disaster Relocation

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and Housing Project of Typhoon Ketsana
Victims in the Philippines
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Vivencio O. Ballano
Department of Sociology
College of Social Science
and Development
Polytechnic University of the Philippines (PUP)
Manila, Philippines

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ISBN 978-981-10-5073-2 ISBN 978-981-10-5074-9 (eBook)

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DOI 10.1007/978-981-10-5074-9
Library of Congress Control Number: 2017943092
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© Springer Nature Singapore Pte Ltd. 2017

This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part
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recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission
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Acknowledgements

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This monograph on law, normative pluralism and post-disaster recovery in the

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Philippines is a product of a long and painstaking fieldwork, sociological research,
and writing. This journey would not have been possible without the generous help
of the following people:
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To Dr. Ricardo G. Abad, Chairperson of the Sociology-Anthropology
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Department at the Ateneo de Manila University, my wise advisor and friend
throughout my sociological training, for your continuous support and inspiration.
To Dr. Emma Porio, my former sociology professor at the Ateneo de Manila
university, for giving some advice on disaster management research that helped me
in accomplishing this book.
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To Mr. Roel Santos and his staff at the Municipal Disaster Risk Reduction
Management Office (MDRRMO) in Rodriguez, Rizal, for the valuable information
you shared for this book.
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To the Municipal Chairperson and staff of the National Housing Authority

(NHA), Rodriguez Office, for sharing some information on the relocation and
housing of disaster victims in Southville 8 Housing Project in Barangay San Isidro,
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Rodriguez, Rizal.
To the Chair and staff of the Housing and People’s Development Office (HPDO)
of Rodriguez, Rizal, for some data and information on the relocation of disaster
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victims in the municipality.

To the Administrator of Barangay San Isidro, Rodriguez, Rizal, for sharing some
demographic information as well as the social problems encountered by disaster
victims in Southville 8 Housing Project.
To my key informants in Southville 8 Housing Project, Phases 8A, 8B, 8C, for
sharing your stories and struggles in dealing with the government’s inadequate
housing and resettlement.
To Prof. Camille Ocampo, Chair of the Sociology Department, and to my
co-faculty at Polytechnic University of the Philippines (PUP), Manila, for their
support and encouragement.

v
vi Acknowledgements

To Ms. Jayanthie Krisnan, my supportive Publishing Editor at Springer Nature

Singapore, and her team, for their enthusiasm and patience in publishing this book.
To my wife, Emily, and my children, Joanne Faye and Johann Karl, for their
loving support and inspiration.
Finally, to our Lord Jesus and Mama Mary, for the blessings and guidance in my
apostolate of writing—my way of serving the Church and society.

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Contents

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1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... 1

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1.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... 1
1.2 The Philippine Disaster Risk Reduction Management

1.3 The Significance and Objectives of the Book . . . . . . .

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Act of 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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1.4 Evaluating Typhoon Ketsana Victims’ PDR . . . . . . . . . . . . . . . . . 6
1.5 Theoretical Orientation of the Book . . . . . . . . . . . . . . . . . . . . . . . 7
1.6 Areas of Success and Failure in PDR Projects . . . . . . . . . . . . . . . 8
1.7 The Case Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
1.8 The Research Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
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1.8.1 A Brief History of SRHP . . . . . . . . . . . . . . . . . . . . . . . . 13

1.8.2 SRHP as a Resettlement . . . . . . . . . . . . . . . . . . . . . . . . . 16
1.9 The Roadmap of the Book . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2 Sociology, Normative Pluralism, and Post-disaster Recovery:
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The Case of the Philippines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

2.1 Disaster Research in Sociology . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
2.2 Substantive Trends in Disaster Research . . . . . . . . . . . . . . . . . . . . 28
2.2.1 Risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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2.2.2 Social Vulnerability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

2.2.3 Resilience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
2.3 Sociology of Disasters and the Social Structure . . . . . . . . . . . . . . 32
2.4 The Social System and the Normative System . . . . . . . . . . . . . . . 33
2.5 The Normative Pluralist Approach . . . . . . . . . . . . . . . . . . . . . . . . 34
2.6 Legal Pluralism and the Social Normative System . . . . . . . . . . . . 37
2.7 Regulation in High-Context Cultures and PDR Housing . . . . . . . 38
2.8 Red Tape, Corruption, and PDR in Southeast Asia . . . . . . . . . . . 40
2.9 The Philippine Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
2.9.1 Super Typhoons and Damaged Houses in the
Philippines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 42

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viii Contents

2.9.2 Post-disaster Housing in the Philippines . . . . . . . . . . . . . 45

2.10 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
3 Typhoon Ketsana and Normative Pluralism in the Philippine
Post-disaster Recovery System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
3.1 Typhoon Ketsana and the Philippine PDR Legislation . . . . . . . . . 53
3.2 The PDRRMA and Post-disaster Recovery . . . . . . . . . . . . . . . . . . 55
3.3 PDRRMA’s PDR Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
3.4 Normative Pluralism and the Philippine PDR System. . . . . . . . . . 57
3.4.1 Pluralism in State Laws . . . . . . . . . . . . . . . . . . . . . . . . . . 59
3.4.2 Pluralism in Informal Normative Orders . . . . . . . . . . . . . 60
3.4.3 Cultural Normative Orders . . . . . . . . . . . . . . . . . . . . . . . 61
3.4.4 “Corrupt” Cultural Normative Orders . . . . . . . . . . . . . . . 63

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3.5 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

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4 Normative Pluralism in Philippine Housing and Relocation

4.1 Complexity in Doing Real-Estate Projects in the Philippines

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System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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4.2 Complexity in Land and Property Administration . . . . . . . . . . . . . 73
4.3 Pluralism in Land Administration . . . . . . . . . . . . . . . . . . . . . . . . . 74
4.4 Normative Pluralism for PDRRMA’s PDR . . . . . . . . . . . . . . . . . . 76
4.5 The PDRRMA and UDHA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
4.6 Multiple Housing Laws and Government Agencies . . . . . . . . . . . 80
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4.7 Philippine Laws Governing Relocation and Housing . . . . . . . . . . 83

4.7.1 National Level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
4.7.2 Local Level . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
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4.8 Stages of Resettlement Projects . . . . . . . . . . . . . . . . . . . . . . . . . . 90

4.9 Plurality of Informal Normative Orders . . . . . . . . . . . . . . . . . . . . 92
4.10 Key Housing Intermediary Groups . . . . . . . . . . . . . . . . . . . . . . . . 96
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4.10.1 Professional Squatters . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

4.10.2 Squatting Syndicates . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
4.10.3 Political Patrons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
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4.10.4 Housing Brokers and Agents . . . . . . . . . . . . . . . . . . . . . . 100

4.10.5 Major Cultural Informal Normative Systems . . . . . . . . . . 101
4.10.6 Consequences of Normative Pluralism . . . . . . . . . . . . . . 106
4.11 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
5 Suitability and Accessibility of the Relocation Site . . . . . . . . . . . . . . . 111
5.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
5.2 Determining Suitability of the Relocation Site . . . . . . . . . . . . . . . 112
5.3 Laws Governing the Suitability of Relocation and Housing . . . . . 113
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5.4 The UDHA and the Role of the LGU in Site Selection . . . . . . . . 114
5.5 Hegemonic Powers of Private Developers in Site Selection . . . . . 115
5.5.1 Joint Venture: The Contractual Relationship Between
the NHA and the Developers . . . . . . . . . . . . . . . . . . . . . 117
5.5.2 Undue Benefits to Private Developers . . . . . . . . . . . . . . . 119
5.6 Laws on Accessibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
5.7 Evaluating the Site Suitability and Accessibility of Southville
Rodriguez . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
5.7.1 Site Suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
5.7.2 From Danger Zones to Death Zones . . . . . . . . . . . . . . . . 124
5.8 Developer’s Business Interest in Housing . . . . . . . . . . . . . . . . . . . 127
5.9 Unintended Effects in the Relocation Site . . . . . . . . . . . . . . . . . . . 131
5.9.1 Disaster-Prone Relocation Area . . . . . . . . . . . . . . . . . . . . 131
5.9.2 Other Unintended Effects. . . . . . . . . . . . . . . . . . . . . . . . . 132

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5.9.3 Access to Southville Rodriguez . . . . . . . . . . . . . . . . . . . . 133

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5.9.4 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

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6 Security of Tenure, Affordability, and Habitability . . . . . . . . . .
6.1 Security of Tenure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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6.1.1 Security of Tenure in the Southville Rodriguez
Relocation Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
6.2 Habitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
6.3 Affordability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
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6.4 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150

Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
7 Jobs and Livelihood Program in the Resettlement Area . . . . . . . . . . 153
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7.1 Case: The Story of Aling Bettyline and Family . . . . . . . . . . . . . . 154

7.2 Plurality of Laws on Employment and Livelihood
in Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
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7.3 Responsibility for Providing Employment and Livelihood . . . . . . 158

7.4 Kanya-Kanya Attitude on Jobs and Livelihood . . . . . . . . . . . . . . 160
7.4.1 Availability of Jobs and Livelihood in the Relocation
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Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
7.5 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
8 Adequacy of Social Facilities and Services . . . . . . . . . . . . . . . . . . . . . 165
8.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
8.2 Laws on Social Services in Relocation Areas . . . . . . . . . . . . . . . . 166
8.3 The Social Services Situation in Southville Rodriguez . . . . . . . . . 167
8.3.1 Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
8.3.2 Water Facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
x Contents

8.3.3 Health and Hospital Facilities . . . . . . . . . . . . . . . . . . . . . 170

8.3.4 Educational and Religious Facilities . . . . . . . . . . . . . . . . 171
8.4 Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173

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Abbreviations

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BBB Build Back Better

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COA Commission on Audit
DENR Department of Environment and Natural Resources
HDMF
HGC
Home Development Mutual Fund
Home Guaranty Corporation
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HPDO Housing and People’s Development Office
HUDCC Housing and Urban Development Coordinating Council
HULRB Housing and Land Use Regulatory Board
IFRC International Federation of Red Cross
JV Joint Venture
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LGU Local Government Unit

LRA Land Registration Authority
NDRRMC National Disaster Risk Reduction and Management Council
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NEDA National Economic and Development Authority

NGO Non-Government Organization
NHA National Housing Authority
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NHMF National Home Mortgage Finance

PD Presidential Decree
PDR Post-Disaster Recovery
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PDRRMA Philippine Disaster Risk Reduction Management Act

PHIVOLCS Philippines Institute of Volcanology and Seismology
PNP Philippine National Police
PPP Public Private Partnership
SHFC Social Rodriguez Housing Finance Corporation
SRHP Southville Rodriguez Housing Project
UDHA Urban Development and Housing Act
UN United Nations

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Chapter 1
Introduction

Abstract This chapter provided an overview of the objective and structure of the
book as well as of the one-site case study on which it is based. In particular, it
proposed a framework on how the multiplicity of laws and intermediary informal

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normative orders in the Philippine housing and relocation system has created

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negative unintended effects to the government’s Post-Disaster Recovery
(PDR) program under the 2010 Philippine Disaster Risk Reduction Management

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Act (PDRRMA). Applying the sociological and normative legal pluralist perspec-
tives and the one-site case study method, it outlined broadly the theoretical and
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methodological framework for evaluating the adequacy of the housing and reset-
tlement project of the Tropical Storm Ketsana victims in the government-owned
Southville Rodriguez Housing Project (SRHP), one of the many Southville housing
projects established by the government in various parts of the country. Lastly, it
showed a roadmap of the book, explaining briefly the content of each chapter and
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how the chapters are interrelated to achieve the book’s overall objectives.

Keywords Tropical Storm Ketsana Project management Disaster manage-





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ment Legal pluralism Normative pluralism Post-disaster recovery

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1.1 Introduction
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Can a plurality of normative orders, both formal and informal, legal and non-legal,
in the implementation of a government’s post-disaster recovery (PDR) project
under the state’s official disaster-management law become a deciding factor in the
adequacy and the success of a post-disaster housing settlement for typhoon victims?
Exploring the role of the plurality of official laws and informal normative struc-
tures behind government disaster projects has been neglected in post-disaster research
and management. Evaluating the adequacy and the success rate of the government’s
PDRs are usually seen from conventional project-management perspectives
and rarely from the empirical lens of social science and the sociology of law.

© Springer Nature Singapore Pte Ltd. 2017 1

V.O. Ballano, Law, Normative Pluralism, and Post-Disaster Recovery,
DOI 10.1007/978-981-10-5074-9_1
2 1 Introduction

However, complex public post-disaster projects for victims of major natural dis-
asters are no ordinary projects and are governed by complicated official laws and
informal normative standards of various participating groups. Stakeholders, orga-
nizations, and agencies involved in a complex PDR project—as well as their
respective formal and informal networks of rules, regulations, and cultural nor-
mative standards in implementing it—are often numerous, intertwining, and com-
peting with the state’s disaster legislation to provide disaster victims with adequate
housing and relocation.
This book aims to show how legal and normative pluralism matter most in the
outcome of the disaster victims’ long-term PDR, especially in the Philippine con-
text. It illustrates how the overlapping legal and nonlegal normative orders of
the different public and private agencies in the government PDR project can result
in multiple negative unintended effects that intensify the vulnerability of typhoon
victims.

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1.2 The Philippine Disaster Risk Reduction Management
Act of 2010
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The Center for Research and Epidemiology Disasters (CRED) ranked the
Philippines as one of most disaster-prone countries in the world.1 The Philippines is
also fourth in the world among countries hit by the highest number of disasters
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during the past 20 years according to the United Nations Office for Disaster Risk
Reduction (UNISDR).2 In terms of tropical storms, the country is hit by an average
of 20 typhoons per year per as it is geographically situated in the West Pacific
Basin (NDRRCC Report, 2011).
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In the Philippines, 70% of the country’s disasters are due to

hydro-meteorological phenomena, such as typhoon and flooding, and the poor are
often the most vulnerable disaster victims. Social vulnerability in a population is not
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evenly distributed. Some regions are more susceptible to the impacts of hazards
than others based on the characteristics of the people residing within them (Cutter &
Emrich, 2006, p. 102). Typhoon Ketsana, popularly known in the country as
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Typhoon Ondoy, is one of the most devastating typhoons that hit the Philippines in
2009 which revealed differential vulnerabilities of the Philippine population. Its
impacts largely depend on the physical attributes of the place and the social
characteristics of people residing in it. Some areas suffered devastating losses in life

1
http://www.bworldonline.com/content.php?section=Nation&title=Philippines-tops-2011-list-of-
countries-hit-by-disasters&id=45763.
2
“The Human Cost of Human-Related Disasters: 1995–2015” Retrieved from http://www.unisdr.
org/7B39392C-70B6-4451-8831-EAA0AA3B3130/FinalDownload/DownloadId-45F0A75073EB
82DEA2E80C3CB638DFEC/7B39392C-70B6-4451-8831-EAA0AA3B3130/2015/docs/climate
change/COP21_WeatherDisastersReport_2015_FINAL.pdf.
1.2 The Philippine Disaster Risk Reduction Management Act of 2010 3

and property compared with other places. Countries such as the Philippines—with
limited economic resources, low levels of technology, poor information and skills,
poor infrastructure, unstable or weak institutions, and inequitable empowerment
and access to resources—have little capacity to adapt and are highly vulnerable
(Penalba, Elazegui, Pulhin, & Cruz, 2012, p. 310). The urban poor, who are totally
dependent on social services and usually less able to respond effectively to disas-
ters, suffer the most during disasters (Cutter, Boruff, & Shirley, 2003; Morrow,
1999). Because they are socially and economically marginalized in society, the poor
are usually mostly ignored during disaster recovery (Morrow, 1999; Tobin &
Ollenberger, 1993). The people who were severely affected by Ketsana in the
Philippines were urban poor residing in makeshift shanties in low-lying areas or
near creeks and rivers.
Typhoon Ketsana did not only expose the differential vulnerabilities of the
Philippines. It also revealed the inadequacy of the country’s disaster-management

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law in dealing with PDR after large-scale disasters. With the unexpected loss of

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lives, destruction of property, and a number of people homeless, the Philippine
government updated its old primary disaster-management law and enacted the

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Philippine Disaster Risk Reduction Management Act of 2010 (PDRRMA). Unlike
the old law (PD 1566), the PDRRMA is said to be pro-active and holistic in its
approach and has, for the first time, addressed the issue of PDR. The Philippine
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government, as well as Ketsana post-disaster responders, became optimistic with
the enactment of PDRRMA that thousands of homeless disaster victims would
finally receive adequate housing and resettlement. Years have passed since the
passage of this law, and beneficiaries have received housing assistance from the
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government, non-government organizations, and foreign and local donors. Yet,

in-depth qualitative studies on how the law’s post-disaster provisions were imple-
mented on the ground, given the multiplicity of actors and the plurality of legal and
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non-legal normative orders that surround PDRRMA, seemed missing.

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1.3 The Significance and Objectives of the Book

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Of the four major phases of disaster management—preparedness, response,

recovery, and mitigation—recovery is often viewed by scholars as the most poorly
understood and the least well-researched stage (Barton, 1969; Rubin, Saperstein, &
Barbee, 1985; Schwab, 1998). Disaster-recovery studies are few and systematic
comparative studies are fewer (Olshansky, Johnson, & Topping, 2006). In partic-
ular, research on attributing the success and failures of PDR projects, especially
from a social science perspective, is one of the most underdeveloped research areas
in disaster management. Failures of PDR and reconstruction projects are often
ascribed to problems in integration (Ye & Okada, 2002), finances (Freeman, 2007),
inappropriate assessment (Kennedy et al., 2008), communication and coordination
(Chang, Wilkinson, Potangaroa, & Seville, 2010), inadequacies of resource
4 1 Introduction

procurement (Chang et al., 2010), ineffective design (Ika et al. 2012), transportation
(Matsumaru, Nagami, & Takeya, 2012), corruption (World Bank, 2013), and delay
(Iwai & Tabuchi, 2013; Moloney, 2014; Boen, 2006; Steinberg, 2007; Nazara &
Resosudarmo, 2007; Matsumaru, Nagami, & Takeya, 2012). Thus, effective project
management is often seen to play an important role to ensure that PDR and
reconstruction projects are carried out successfully (Hidayat & Egbu, 2010).
Investigating the success and failure of PDR projects from the perspectives of
the sociology of law and normative pluralism is apparently less explored in
disaster-management research. This lack of interest in examining the legal contexts
of PDR programs reflects the worldwide trend in disaster research which sidelines
the social-science approach in studying the broader social forces behind disaster
response and management. Thus, Deflem (2012) lamented that the literature on
disaster preparedness and response are mostly written from a policy-oriented
vantage point and rarely carried out in an empirical and social science fashion.

F
Specifically, the fields of social-legal studies, including criminal justice and the

O
sociology of law, have been relatively absent or, at least, have not been situated in
the specialty area of the sociology of disasters (Deflem, 2012, p. ix). Consequently,

O
the employment of normative and legal pluralist perspectives to evaluate PDR
programs has been overlooked in disaster-management research. In particular,
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attributing the inadequacy or failure of the housing and relocation of a long-term
PDR to a group of disaster victims to the polycentric implementation of the state’s
official disaster law is least explored in PDR. Also, the normative pluralist envi-
ronment behind PDR projects i.e., the multiple and conflicting laws, informal rules,
and cultural normative structures that implement the official national disaster law is
ED

apparently absent in post-disaster research as an important explanatory variable

to account the failure of PDR projects. Yet, the quantity and quality of normative
orders are crucial in the success and failure of PDR projects, especially in a mul-
IS

tilevel government PDR project after a major calamity. The plurality of legal orders
or legal pluralism surrounding a PDR project, for instance, can produce hybrid or
mixed legal environments that could possibly link state, local, and non-state actors
EV

and blur the lines between and thus make coordination and implementation of the
disaster programs lacking in focus, which can result in negative unintended effects
(Roseveare, 2013). This pluralism would even be more complex if the numerous
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laws and regulations are accompanied by a multiple nonlegal cultural normative

order of the various stakeholders, groups, or individuals involved in the PDR
project. Thus, more unintended consequences are expected to occur which can
deviate the original PDR goals of the state’s PDRRMA.
This book aims to illustrate how the normative and legal pluralist structure of the
long-term PDR of Typhoon Ketsana victims in a Philippines relocation site has
created numerous intermediary networks governed by some dominant informal
rules that compete with the official law and regulation, thus resulting in a poly-
centric interpretation and implementation of the PDR project goal. The brief, broad,
and inadequate legal provisions of the PDRRMA regarding the long-term PDR
program of disaster victims has given way to legal pluralism, i.e., the adoption of a
1.3 The Significance and Objectives of the Book 5

multiple pre-existing non-disaster laws, rules, and alliances that directly pertain to the
relocation of the urban poor living in danger zones under the Urban Development and
Housing Act of 1992 (UDHA) and not that of disaster victims. This brief legislation
also calls for the adoption of the UDHA’s multiple affiliate housing laws and cultural
norms of the various public and private organizations that support them. This mul-
tiplicity of cultural and informal normative orders has deviated much the original
PDR goals of the PDRRMA not just in the relocation system but also in other forms
of post-disaster housing assistance, whether in the form of emergency shelter cash
assistance or civil society-private donor housing projects. In countries with so-called
collectivist cultures that provide more value to the welfare of the in-group than the
common good, to informal norms than regulations such as the Philippines. Thus,
informal normative systems tend to sideline the official legal system, resulting in
negative unintended consequences to a PDR project.
Applying the normative pluralist approach to examine the unintended effects of

F
the plurality of normative systems in a social order, this book primarily investigates

O
the “failure” of the long-term PDR for Typhoon Ketsana victims in the Southville
Rodriguez Housing Project (SRHP), particularly Phase 8A in Rodriguez, Rizal.

O
Specifically, it aims to determine the level of adequacy of the housing and resettle-
ment program provided by the government, six years after the devastating typhoon in
PR
2009. It analyzes how the numerous formal and informal rules that implement the
housing project affect the actual PDR program of the Typhoon Ketsana victims:
Whether or not the relocation in SRHP satisfactorily complied with the legal pro-
visions of the PDRRMA and the international standards on PDR of disaster victims.
Moreover, it also analyzes how normative pluralism has affected the post-disaster
ED

housing program in the Philippines under the legal framework of the PDRRMA. It
assumed that the diversity of normative fields—both formal and informal—that
interpreted the PDRRMA has deviated the official law’s intended goals for the dis-
IS

aster victims’ PDR program, thus providing more discretion to project officers and
allowing some powerful public and private interest groups, through their social
networks and informal rules, to determine the final project outcome.
EV

The Secretary-General of the United Nations issued a document entitled Guiding

Principles on Internal Displacement to guide national governments in handling
internally displaced persons inside their borders last February 11 1998. This was
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released more than a decade ago, but little research has been done to realize the
extent to which governments that relocate populations are exercising this respon-
sibility within the context of these guiding principles (UNHCR, 2014). This book,
therefore, also aspires to fill this lack of research on how governments relocate
displaced people such as homeless typhoon victims using the perspectives of
Sociology of disasters. In particular, it illustrates how the Philippine government
implements these principles to displaced disaster victims of Tropical Storm Ketsana
in the country, specifically to those in SRHP, Phase 8A, in Rodriguez, Rizal.
6 1 Introduction

1.4 Evaluating Typhoon Ketsana Victims’ PDR

The government’s PDRRMA paints a holistic approach to disaster management that

includes post-disaster rehabilitation for calamity victims. But one may ask: How is
this official law being interpreted and implemented in the actual long-term PDR
project involving various public and private agencies and informal groups?
After Typhoon Ketsana struck in September 2009, thousands of Filipinos,
mainly the urban poor who reside in danger zones, became homeless. Local gov-
ernments immediately provided typhoon victims with relief goods and temporary
shelters PDR in public schools, gyms, and barangay halls for their short term PDR.
Victims were housed in makeshift and temporary shelters near barangay halls while
waiting for the approval of their applications for relocation and housing through the
National Housing Authority (NHA), the national government’s low-cost housing

F
agency for long-term PDR. Some victims of Metro Manila and nearby Province of
Rizal were eventually relocated to the government’s SRHP in the remote barangay

O
of San Isidro, Rodriguez, Rizal, after six months to a year of waiting for the
approval of their housing application. With the newly enacted PDRRMA which

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promised a more holistic approach to disaster management, the national govern-
ment assured the typhoon victims through the NHA and local government, that they
PR
would be given adequate resettlement under the BBB principle.
Seven years have elapsed since the implementation of the government’s
long-term PDR program to Typhoon Ketsana victims in SRHP under the PDRRMA
and its affiliate laws. But beneficiaries still complained the site risks and subhuman
ED

conditions inside the resettlement sites, such as those in the SRHP. Reports in the
mass media and nongovernment organization (NGO) research on site risks con-
tinued to persist. Investigations and petitions by some NGOs and religious groups
indicated a greater vulnerability for disaster victims inside government-owned
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housing and relocation areas.3 COHRE’s research, for instance, “revealed numer-
ous problems associated with the relocation process such as the lack of consultation
EV

with affected families; carrying out evictions and relocation before the sites are
habitable, insufficient Government loans to affected families for the construction of
homes; lack of livelihood opportunities for those who have been relocated because
the sites are far away from Metro Manila.”4The government’s SRHP, which is
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supposed to be built proximate to job sites and livelihood opportunities and located
in safe areas in accordance with the official law and BBB principles is actually

3
A fact-finding mission by Demolitionwatch in the SRHP Phase 8B, for instance, revealed that
relocatees have no security of tenure to their housing units. The relocation area lacks materials,
services, and infrastructure, and the housing units are defective and made of substandard con-
struction materials, etc. See urgent appeal to the United Nations at https://demolitionwatch.
wordpress.com/2012/02/Urgent-appeal-f-2/. The religious group, Claretians, also made a similar
appeal to the government to improve the lives of the relocatees in the SRHP.
4
UN-HABITAT (2007). Forced Evictions—Towards Solutions?: Second Report of the Advisory
Group on Forced Evictions to the Director of UN-HABITAT. Nairobi, Kenya: Advisory Group on
Forced Eviction (AGFE) pp. 43–44.
1.4 Evaluating Typhoon Ketsana Victims’ PDR 7

remote from employment sites. The housing project is located in a very

disaster-prone site, even more dangerous than the victims’ former residential areas
in “danger zones.” It is also too close to the two of the country’s major fault lines—
the East and the West Valley Faults. Thus, the SRHP is prone to strong earth-
quakes. In fact, the Philippine Institute of Volcanology and Seismology
(PHIVOCS) is expecting a very strong earthquake, called the “Big One” with a
magnitude of 7.2, to hit Rodriguez Municipality where the SRHP is located and
Metro Manila at any time.5 Moreover, it is also reported by residents and NGOs
that the housing units of SRHP were structurally weak and made of sub-standard
materials.6 Lastly, some investigations also revealed a lack of adequate social and
health services and facilities in the relocation site. The entire SRHP, for instance, is
said to have no adequate health and educational facilities. There are no hospitals
proximate to the relocation site. Thus, one wonders: To what extent are these
complaints and reports true? If true, what went wrong with the government’s

F
housing and relocation project to Typhoon Ketsana victims? What primarily caused

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these negative unintended effects or failures to the PDRRMA’s long-term PDR in
SRHP? What is the role of the multiple, polycentric, and competing laws, rules,

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regulations, and informal normative cultural systems of the project’s various
agencies and groups in determining the success or failure of the PDR goals of
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PDRRMA to Typhoon Ketsana victims?

1.5 Theoretical Orientation of the Book

ED

This book deviates from the popular approach in evaluating the level of success and
failure of PDR projects and applies a sociological and normative pluralist theo-
IS

retical framework to account for the unintended effects of the plurality of legal and
nonlegal normative systems that interpret and implement the government resettle-
ment project to a group of Typhoon Ketsana victims in SRHP in Rodriguez, Rizal.
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Failures in long-term goals of PDR programs are usually attributed to poor project
management. But they are rarely blamed the unintended consequences of
the polycentric and multiple normative standards, both formal and informal, or
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what scholars call “normative pluralism,”especially the social and cultural norms
that lie in between the official laws that govern the project and empirical reality.

5
The West and East Valley Fault line system spans from Montalban (Rodriguez), Rizal, i.e., near
the SRHP, all the way to Carmona, Cavite, and is considered the most feared event, known as the
“Big One,” in case it moves. It could affect millions of people and paralyze cities and towns
nearby, including Metro Manila, because it is predicted to occur at any time registering a >7.0
magnitude earthquake. See interactive map at http://www.s1expeditions.com/2014/07/158-west-
east-valley-fault-line.html.
6
See “Relocation sites: the land of empty promises in the middle of nowhere.” Retrieved from
http://bulatlat.com/main/2015/01/14/relocation-sites-the-land-of-empty-promises-in-the-middle-
of-nowhere/.
8 1 Introduction

A set of formal and informal rules always guide managers in implementing projects.
This book assumes that the quantity and quality of normative standards that
informally support the legal goals of PDR project under the PDRRMA are crucial in
minimizing the negative unintended consequences which lead to the failure of the
housing project and greater suffering of disaster victims.
This section structures the theoretical orientation of the study and guides the
evaluation and sociological analysis of the book on the level of success or adequacy
of the long-term PDR project under PDRRMA for the housing and relocation of
Typhoon Ketsana victims in the government-owned SRHP in the following areas,
namely: the accessibility, affordability, and habitability of the housing units as well
as the availability of educational and social services, jobs, and livelihood to disaster
victims.

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1.6 Areas of Success and Failure in PDR Projects

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A project can be defined as a “large or important item of work, involving con-
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siderable expense, personnel, and equipment, a one-time endeavor with a specific
PR
result or end-state envisioned (Kerzner, 2003; Benator & Thumann, 2003), with a
proper plan (Dhillon, 2002)” (as cited in Ismael et al., 2005). A PDR project is often
undertaken by a variety of stakeholders, agencies, and individuals. Thus, to ensure
that decisions and participation of the various agencies and stakeholders are in
accordance with goals of the PDR program, the project-management approach is
ED

usually employed in managing many post-disaster humanitarian relief and recovery

projects (LaBrosse, 2007). The management approach usually determines a pro-
ject’s success in terms of scope, time, and cost. Project-management literature
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suggests that project success revolves around planning, defined goals and objec-
tives, top management support, and financial support (Marchewka, 2006; Hughes &
Cotterell, 2002). Most PDR projects that apply the management approach also
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recognized these factors as a key “areas of success.”

Planning is said to be crucial to the success of any PDR project. The most
common attribution of PDR failures is a lack of proper planning. Disaster planning
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is said to be important as an effective human intervention in achieving sustainable

community development when confronted with natural disasters (Ge, Gu, & Deng,
2010). In particular, recovery and reconstruction planning as an important com-
ponent of disaster-management systems represents a comprehensive response and
proactive adjustment in disaster recovery (Turner et al., 2003). Specifically, the
power of pre-event planning is also considered as crucial to the success or failure of
a PDR project. The literature shows that such planning improves outcomes at the
local level (Oliver-Smith, 1991; Berke, Kartez, & Wenger, 1993). To some
scholars, careful planning, as well as implementation, are highly important for the
success of post-disaster reconstruction. They argued that PDRs should be well
defined, planned, and implemented in stages (Roosli, Vebry, Mydin, & Ismail,
1.6 Areas of Success and Failure in PDR Projects 9

2012) and that their existing tools or new tools must be adapted to attain their goals;
otherwise, further vulnerabilities in a disaster-affected community can occur
(Chang, et al., 2010).
Another area that is crucial to the success of PDR projects is the participation of
the beneficiaries in the planning and implementing the programs and effective
management of them (Baroudi & Rapp, 2010). In fact, community involvement is
usually a compulsory component for funding organizations (Davidson et al., 2007,
p. 2) to stress that beneficiaries’ participation is crucial to the success of any PDR
program. Thus, Oliver-Smith (1991), presenting case-study materials on the prob-
lem of resettling a population after disasters in Turkey, Iran, and Peru, argued that
public participation, aside from the appropriateness of the site, layout, and housing
of the relocation, is crucial for the success of post-disaster resettlement projects. The
public input in terms of communal involvement is said to be an important com-
ponent of a successful PDR project. Moreover, an effective project management can

F
also be crucial for the success of PDRs. Poor management can lead to disastrous

O
effects to PDR projects. It also plays a significant role to ensure the successful
completion of reconstruction projects (Baroudi & Rapp, 2010; Hidayat & Egbu,

O
2010). Munns and Bjeirmi (1996), for instance, stressed that effective
project-management techniques would contribute to the achievement of the goals of
PR
projects (Ismael et al., 2005).
Other scholars point to the adequacy of the physical environment for disaster
victims, i.e., the proximity of the relocation to urban jobs and livelihood, and the
empowerment and independence of beneficiaries from settlement agencies as cru-
cial in success factors. Coburn et al. (1984), for instance, identified the physical
ED

environment of the new settlement, relationship to the old village, and capacity of
the community to develop itself as factors critical in determining the success or
failure of a resettlement project. Most beneficiaries, especially those from urban
IS

areas, returned to their old location to resume their informal jobs and livelihood if
the resettlement area is remote and far from livelihood opportunities. Thus, in-city
relocation would more likely result in successful resettlement than out-city relo-
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cation. In Japan, for instance, Imura and Shaw (2009) noted that in the Iwate
prefecture of Japan after a tsunami, village people were relocated to the moun-
tainside but soon returned to their previous location to resume their livelihood in
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fisheries. Other studies have also pointed out greater autonomy and empowerment
of the relocated beneficiaries as crucial for the success of PDR projects. Michael
(1988) argued that successful resettlement schemes should result in a transfer of
responsibility from settlement agencies to the settlers themselves.
Finally, some authors have used a multivariate approach to identify the success
factors in PDR projects. Moe and Pathranarakul (2006), for instance, in their case
study of a post-disaster reconstruction project in Thailand, considered the following
factors as areas for success and failures: effective institutional arrangement; coor-
dination and collaboration; supportive laws and regulations; effective information
management system; competencies of managers and team members; effective
consultation with key stakeholders and target beneficiaries; effective communica-
tion mechanism; clearly defined goals and commitments by key stakeholders;
10 1 Introduction

effective logistics management; and sufficient mobilization and disbursement of

resources (Moe & Pathranarakul, 2006). A case study of Kim and Choi (2013) on
flood rebuild projects also used a multivariate approach and identified five factors as
critical for the success and failure of a government PDR: clear project execution
plan; improvement in design management; enhancement of coordination at the
plan–design-construction interface; elimination of the vicious cycle for improving
project performance; and rapid evaluation of a contractor’s qualification.
Although community participation, proper planning and implementation, and
other factors are crucial for the success of PDR projects and perhaps considered as
proximate causes, they are not, however, the ultimate cause and are not sufficient to
account for the inadequacies and numerous negative unintended effects that
occurred to a government-initiated post-disaster housing and relocation in the
Philippines. All projects and their social contexts are different. Thus, the success
criteria must be determined for each project rather than just using a standard set of

F
success criteria (Cooke-Davies, 2002).

O
Disasters are often treated as external to the law in project management. Yet
social processes in disaster mitigation, response, and recovery include mobilization

O
of the law by people and organizations (Sterett, 2013). Disasters as social phe-
nomena are embedded in both legal and non-legal normative orders. Government
PR
disaster projects are particularly juridified and are usually embedded in multiple
organizational contexts (Sydow et al., 2004). Thus, the conceptualizations of the
success criteria for government post-disaster projects must take into account the
multi-level and legal and bureaucratic nature of a resettlement project as well as the
plurality of informal norms that surround the official laws during the implemen-
ED

tation phase. National and local governments—with their multiple networks of

stakeholders such as public and private agencies, non-profit organizations, com-
munity groups, and individuals—can create numerous unintended consequences.
IS

This plurality of participating groups in the project can lead to stakeholder issues
(Baroudi & Rapp, 2014; Haigh & Sutton, 2012; Walker et al., 2014), resource
challenges (Chang et al., 2010; Chang, Wilkinson, Seville, & Potangaroa, 2012),
EV

capability issues (Crawford et al., 2012), long-term reliability concerns (Hayes &
Hammons, 2000), coordination issues (Drabek & McEntire, 2002; Quarantelli,
2000), and even corruption issues (World Bank, 2013).
R

In a highly complex, graft-ridden, and bureaucratic real estate–regulatory sys-

tem, such as that of the Philippines, the quantity and multiplicity of laws, rules, and
informal normative orders for the enforcement a PDR project are crucial in the
success criteria of government projects. Legal pluralism and lack of a coordination
mechanism for actors and organizations in the shelter sector can create regulatory
barriers to providing emergency and transitional shelter after disasters (IFRC,
2015). It is an undeniable fact that public projects, such as PDRs, must follow
strictly the multiple national and local legal provisions and their implementing rules
and regulations (IRRs); otherwise, they can be nullified by the courts and the legal
officers, and their private collaborators involved in illegalities can be prosecuted for
1.6 Areas of Success and Failure in PDR Projects 11

violations of the articles of the Anti-Graft and Corrupt Practices Act (R.A. 3019).
However laws, policies, and institutional arrangements for disaster management are
significantly shaped by the Philippines’ highly decentralized governance system in
the country as prescribed by the 1987 Constitution and the Local Government Code
of 1991 (Sherwood et al., 2015). In the absence of a “one-stop” disaster-
management agency and a coherent set of laws or Magna Carta on disaster man-
agement in the Philippines, negative unintended consequences to a PDR project can
occur. Thus, the simplicity and cohesiveness of laws and informal norms in the
recovery projects, as well as their legal and nonlegal normative systems, can be
critical in determining the success or failure of government PDR projects.
Normative pluralism, both in the legal and cultural normative orders, can pro-
duce hybrid or mixed normative environments which can result in multiple unin-
tended deviations from the original objectives of the PDR project. Moreover,
pluralistic and bureaucratic normative structures in a government disaster-recovery

F
program can also lead to delays and greater costs to PDR projects and encourage

O
managers to behave unethically in project implementation, thus resulting in more
negative impacts to the project’s outcome. In an environment of legal pluralism, the
“Rule of Law,” with its checks or balances, is said to erode, and the accountability
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of public officers becomes problematic (Grenfell, 2006). When government rules
PR
and regulations for business are complex and highly bureaucratic, individuals and
groups can resort to informal channels and offer “grease money” and similar dis-
honest dealings to expedite transactions (Ballesteros, 2000). Once corrupt patterns
are established, they tend to perpetuate to avoid uncertainty (Seleim & Bontis,
2009). No less than the World Bank acknowledged the negative consequences of
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corruption to PDR projects (World Bank, 2013).

The Philippines is known for corruption, red tape, delays, and complex
bureaucratic requirements in doing business in the country (Ballano, 2016), par-
IS

ticularly about housing and real-estate transactions such as the establishment of a

housing and relocation projects (Valte, 2000). Heavy, costly, and complex
bureaucratic burdens in business often breed corruption. Thus, the Philippines is
EV

consistently among the most corrupt countries in the world with high corruption
index in government transactions and projects according to Transparency
International (TI) annual surveys. The World Bank underscores corruption as a
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major obstacle in the implementation of PDR projects. Thus, the Philippines, with
its high level of corruption in real-estate projects due to bureaucratic burdens and
plurality of PDR agencies, organizations, and groups—as well as pluralism in the
normative systems that implement PDR projects—illustrates a unique case in
understanding the success factors in public post-disaster housing projects.
This book also explores to some extent the negative influences of some negative
or corrupt cultural normative systems in the implementation of low-cost housing
laws and the PDRRMA’s PDR legal objectives for Typhoon Ketsana victims in
SRHF (Fig. 1.1). This book evaluates how the plurality of legal and informal
normative systems affect the post-disaster housing and relocation of Typhoon
Ketsana victims according to the criteria of the United Nations’ Committee on
12 1 Introduction

NORMATIVEPLURALISM

Mul ple Official Laws, Rules & Regula ons

PDRRMA’s Post- Public-Private Agencies Actual Implementa on

Reloca on & Housing
Disaster Recovery
Project Objec ves
Mul ple Informal Intermediary Unintended Consequences
Groups & Cultural Norma ve orders

Legal Text Polycentric Legal Interpreta on & Implementa on

Fig. 1.1 Conceptual framework of the book

F
O
Fig. 1.2 Overview of the
entire SRHP Relocation Area
showing some housing units
of Phase 8, 8A and Phases 8B
and 8C as shown in the O
PR
remote background. Note that
the relocation is situated
in a valley surrounded by
mountains where quarrying
and mining activities occur.
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Source Author
IS
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Economic, Social, and Cultural Rights (ICESCR) for an adequate PDR of disaster
victims under the “build back better” (BBB) principle as embedded in PDRRMA of
2010, more specifically on the following key areas: (1) Security of tenure,
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(2) suitability of location, (3) accessibility, (4) habitability, (5) affordability, and
(6) availability (Carver, 2011). It also uses the criteria of Principle 18 of the United
Nations’ Guiding Principles on Internal Displacement which provides that all
internally-displaced persons must have the right to an adequate standard of living
and safe access to (a) essential food and potable water; (b) basic shelter and
housing; (c) appropriate clothing; and (d) essential medical services and sanitation.
Special efforts should be made to ensure the full participation of women in the
planning and distribution of these basic supplies.7

7
http://www.brookings.edu/*/media/Projects/idp/GPEnglish.pdf.
1.6 Areas of Success and Failure in PDR Projects 13

Altogether, this book examines how these criteria for an adequate post-disaster
program are realized in the SRHP, Phase 8A relocation site, through the PDR pro-
visions of the PDRRMA and its manifold affiliate laws and pre-existing informal
normative relations among the many government and private organizations involved
in the post-disaster housing project for Typhoon Ketsana victims in Rodriguez, Rizal.

1.7 The Case Study

The research on which this book is based is a case study of Typhoon Ketsana victims
relocated at the government-owned SRHP in the Municipality of Rodriguez, Rizal. The
fieldwork was performed by the author intermittently from June to October 30, 2012,
and additional interviews and documentary data were added in 2013 and 2014.

F
Data-collection method included direct personal observation and unstructured interviews
with 31 Typhoon Ketsana victims in SRHP who were relocated in 2014. The key

O
informants were chosen using the snowball sampling. They include six municipal
officials and housing officers, two buyers of relocation houses, three barangay officials,

O
two NHA provincial officers, one structural engineer, one licensed broker, one Land
Registration Authority (LRA) official, three mason–carpenters, and thirty-one residents
PR
or Typhoon Ketsana victims. Interviewing the Ketsana informants was conducted during
weekdays in the relocation area. Thus, almost all of the key informants–residents (25 out
of 31) were women because most of the husbands were away working. The Philippines
is still a highly patriarchal society with a traditional gender relation despite a significant
ED

development in gender equality. The husbands are still considered as breadwinners and
the wives as housekeepers. Most surveys estimate that 70% of Filipino women are still
housekeepers, especially those in the working class. In SRHP, 90% of the wives are
housekeepers. That is why most of the key informants were women.
IS

Aside from structured and unstructured interviews, focused group discussions

(FGDs) were also conducted to understand the current problems of the beneficia-
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ries in the relocation area and to clarify issues raised by informants during the per-
sonal interviews. Twenty beneficiaries or Ketsana victims resided in Phase A of
SRHP and eleven beneficiaries lived in the neighboring Phase 8B. Moreover,
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newspaper reports, research articles, government documents, and audit reports on

disaster management and government-housing programs as well as the personal
observations of the author were also used in the research to triangulate the data.

1.8 The Research Site

1.8.1 A Brief History of SRHP

On January 6, 1999, the former Philippine President Joseph “Erap” Estrada

signed the Executive Order (E.O.) No. 65, amending E.O. No. 54, which created
14 1 Introduction

the Pasig River Rehabilitation Program (PRRC) whose main objective is to clean
and rehabilitate the Pasig River and to relocate the urban poor living or near the
river “in an environment free from pollution and unsanitary conditions.”8 To
finance this program, the government secured a $100- million loan from Asian
Development Bank (ADB).9 The PHP 2.8 billion peso mass-housing project called
the Kasiglahan Housing Project or the New San Jose Plains, popularly known as
“Erap City” in the mountains of Rodriguez (Montalban), Rizal, became one of the
main destinations of the urban poor affected by the government’s rehabilitation of
the polluted Pasig River.
According to HPDO, the SRHP is originally part of the master plan of the Erap
City project. This project was first conceived during the administration of the
former Philippine President Fidel V. Ramos. Its master plan was originally pre-
pared by Palafox Associates. The first phase of the project was originally conceived
to cover only 600 hectares. The 400 hectares will be alotted for the Suburban area

F
and the other 200 hectares for San Jose Plains which includes the Kasiglahan

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Village I (KV1) project. When Joseph Estrada became President, this Kasiglahan
housing project was hugely expanded to accommodate as many as 1.2 million

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residents from Metro Manila, including the urban poor who were relocated because
of slum upgrading and informal settlers who were displaced due to the rehabilita-
PR
tion of Pasig River. The expanded Kasiglahan project became known as the Erap
City housing project became the centerpiece of the Estrada administration’s housing
program and was touted as the “first-ever well-planned socialized housing city
undertaken in the country.”10 Its land area covers 5 barangays of Rodriguez, Rizal
—San Isidro, Mascap, San Jose, Puray, and Macabud—and stretches across
ED

2500 hectares of land in the municipality.11

Erap City, however, sits on disaster-prone areas of Rodriguez, Rizal.
The Philippine Investigative Journalism (PCIJ) claimed that the development of
IS

Erap City started without an Environmental Compliance Certificate (ECC). Thus, a

notice of violation was issued by the government’s Environmental Management
Bureau on February 24, 2000, 2 days after development of the suburban area
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began. The firm paid a PHP 50,000 fine on June 2, 2000; applied for an ECC; and
got one on June 8, 2000. Despite the issuance of the ECC to Erap City, the fact
R

8
http://www.chanrobles.com/executiveorderno54estradaprrcjanuary061999.html#.VQPS-47A3Mw.
9
Because a national budget has been set aside for the construction of government relocation and
housing projects, a portion of the ADB loan is intended for the social services and livelihood
programs of relocatees affected by Pasig River rehabilitation. However, disgruntled relocatees and
members of the KV1 Action Group asked President Gloria Macapagal‒Arroyo’s government to
probe the anomalous PHP 2.116 billion budget of the Pasig River Rehabilitation Commission
(PRRC) for its resettlement projects. They alleged that the Estrada government wasted the huge
amount of loan from the Asian Development Bank (ADB), which is part of the overall PHP
7.9 billion budget for the river’s rehabilitation (http://bulatlat.com/archive1/009erap_city.htm).
10
http://pcij.org/stories/2000/erapcity.html.
11
See Fig. 1.2.
1.8 The Research Site 15

remains that its relocation site is situated in disaster-prone barangays. Some parts of
this grand relocation site, for instance, are situated in the flood plains of Barangay
San Jose and are close to the three watershed areas—Angat Dam, which supplies
97% of Metro Manila’s water; Marikina Dam; and the La Mesa Dam of Novaliches
—and thus are prone to flooding. Maps from The Philippine Institute of
Volcanology and Seismology (PHIVOLCS) also showed that barangays Macabud
and San Jose are situated in the upper block of the West Valley Fault lines. Thus,
some parts of Erap City are prone to surface rupture in case of strong earthquakes,
thus further endangering the lives of relocatees.12 In fact, 60 houses of Kasiglahan I
(KV1) sit directly at the top of the West Valley fault line and thus have been
recommended by PHIVOLCS for demolition.13
The SRHP, being part of the Erap City complex, shares these geographical
hazards. However, NHA-accredited developers of Erap City were able to evade the
government regulation against any construction of a housing project in areas with

F
environmental hazards. After completing Kasiglahan Village 1 (KV1), they con-

O
tinued to expand the Erap City housing project during the administration of
President Gloria Arroyo and constructed the SRHP using the previous

O
Environmental Clearance Certificate (ECC) they obtained for the KV1 relocation
area. Thus, the construction of houses of SRHP’s Phase 8 and 8A commenced
PR
before Typhoon Ketsana struck the country in October 2009. These two sites were
originally intended for disaster victims of Taytay and Rodriguez (Montalban),
Rizal, before Typhoon Ketsana. However, when Ketsana hit the country, the
relocation site was, instead, used to accommodate more Ketsana victims of
Rodriguez and other neighboring areas. From 2010 onward, SRHP expanded its
ED

area and opened new phases to accommodate more disaster victims and displaced
informal settlers from various places of Metro Manila and neighboring towns of
Rizal such as Taytay, San Mateo, Marikina, and Montalban (Fig. 1.3).14
IS

Most of the Rodriguez Typhoon Ketsana victims were relocated in the SRHP
Phases 8, 8A, 8B, and 8C. These phases are situated in the adjoining barangays of
San Isidro and San Jose, Rodriguez, Rizal The NHA-accredited developers of SRHP
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are Baque Corporation, Gateway Sand Builders Inc., and San Jose Builders Inc.
The SRHP is one of the largest relocation sites in the country as well as in Erap
City. As shown in Table 1.1, the entire SRHP had 20,477 housing units as of
R

October 2012. Construction is ongoing. The NHA is expecting that the low-cost
houses of the relocation will reach as many as 60,000 units.
Table 1.1 showed that the SRHP site is composed of various socialized housing
projects intended for victims of man-made and natural disasters in Metro Manila
and the province of Rizal. Typhoon Ketsana victims were relocated in Phase 8A
and 8B. Phase 8A is the smallest phase of the SRHP with only 1007 housing units.
The neighboring Phase 8B has 7,541 houses, while SRHP Phase 8C which

12
http://bulatlat.com/archive1/009erap_city.htm.
13
http://pcij.org/stories/2000/erapcity.html.
14
http://inclusivemanila.net/southville-8/.
16 1 Introduction

F
O
Fig. 1.3 An aerial view of some portions of Erap City showing the Kasiglahan Village I (KV1)
and SRHP relocation areas. Source http://inclusivemanila.net/southville-8-rodriguez-rizal/

O
PR
Table 1.1 Profile of the SRHP in terms of location and number of sites, housing units, and
developers
Name of Number of Barangay Number of housing Developer
relocation phase location units
the SRHP 0 San Isidro 1750 Baque Corp.
ED

the SRHP 1 San Isidro 1007 Gateway

Phase 8A Sandbuilders Inc.
the SRHP 1 San Isidro 7541 Baque Corp.
Phase 8B
IS

the SRHP 1 (6 sites) San Jose 10,179 San Jose Builders

Phase 8C Inc.
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Total 20,477a
a
As of November 2012. Source NHA Kasiglahan Village 1 Office
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is located in Barangay San Jose, has 10,179 units. San Isidro barangay officials
estimated the residents of the entire SRHP were approximately 40,000 as of
November 2013 (Fig. 1.4).

1.8.2 SRHP as a Resettlement

The SRHP, as part of the conglomeration of relocation areas called the Erap City,
follows the structure of housing programs of the national government administered
by the NHA. The NHA classifies the government‘s socialized housing programs
1.8 The Research Site 17

Fig. 1.4 The research site:

SRHP Phase 8A relocation
site. Source Author

F
O
into 5 types: (1) resettlement, (2) slum upgrading, (3) sites and services, (4) com-
pleted core housing, and (5) medium-rise housing.15 The SRHP is a resettlement

O
housing program. It “involves the acquisition and development of large tracts of raw land
to generate serviced lots and/or housing units for families displaced from sites earmarked
PR
for government infrastructure projects and those occupying danger areas such as water-
ways, esteros, and railroad tracks” (Ballesteros & Egana, 2012, p. 13). Although reset-
tlement programs of the NHA are primarily intended for the urban poor and informal
settlers under the UDHA, they also accomodate disaster victims under the implied legal
ED

provisions of the PDRRMA. By method, it is a developer-constructed type (completed

core housing), and by location it is an in-city relocation site for residents of Rodriguez,
Rizal, but an off-city site for beneficiaries from Metro Manila and nearby cities and towns.
Conversely, a government resettlement is classified by law by method and by
IS

location. By method, a relocation can be either (1) a Completed Housing-Resettlement

Project or a Developer-Constructed Project; (2) a Home Material Loan Project or an
EV

Incremental Housing Project; or (3) an LGU-NHA joint venture scheme or a

RAP-LGU. Completed housing resettlement projects that were started in 2004 and
have become the dominant mode of relocation and housing in the Philippines allow the
developer to offer developed resettlement sites with completed housing units to the
R

community associations, which in turn select the site and execute a formal agreement
with the developer on the proper endorsement of the Local Inter-Agency Committee
(LIAC) and the NHA of the selected site. The NHA provides the loans to beneficiaries
for the acquisition of the housing units, and the loan proceeds are paid to the developer
on delivery of the housing unit and formal acceptance by the individual beneficiary. In
incremental housing, each beneficiary or family receives a loan (PHP 75,000 in 2008)

15
For a more detailed explanation of these types of resettlement programs, see Ballesteros and
Egana (2012) at http://www.dbm.gov.ph/62C97C27-20B5-4CB0-9BD2-8286EDF12907/Final
Download/DownloadId-802ACD5E5502BED15120A5F66A855713/62C97C27-20B5-4CB0-9B
D2-8286EDF12907/wp-content/uploads/DBM%20Publications/FPB/ZBB-2012/e.pdf.
18 1 Introduction

from the NHA, payable in 30 years, for the construction of their homes in a NHA or
government-owned relocation site, whereas in the LGU-NHA joint venture, which is
usually performed outside of Metro Manila, the relocation and housing project becomes
a shared undertaking between the LGU and the NHA. The LGU usually contributes the
land, identifies the beneficiaries, and takes care of the operation and management of the
relocation site, while the NHA contributes funds to the development of the site and
construction of housing units and provides technical expertise for the preparation of
project plans and the formulation of policies and guidelines for implementation of
resettlement projects (Ballesteros & Egana, 2012, pp. 6–7).
A resettlement project by location can be in-city or an off-city site. An in-city site
is one where the relocation and housing are located within the same Local
Government Unit (LGU), whereas an off-city is one whose location is considered
distant (possibly 20–30 km from the original settlement) and outside the admin-
istrative boundaries of the LGU (Ballesteros & Egana, 2012, p. 18). By location, the

F
SRHP is an in-city relocation for the disaster of the municipality of Rodriguez,

O
Rizal. It is situated in Barangay San Isidro and San Jose, two of the biggest
barangays of Rodriguez, Rizal. To the disaster victims of Metro Manila and

O
neighboring towns and cities, SRHP is considered an off-city relocation because it
is located outside their jurisdictions.
PR
The SRHP Phase 8A is in Sitio Tanag, Barangay San Isidro, Rodriguez, Rizal.
Together with SRHP Phase 8, it was constructed before Typhoon Ketsana hit the
country in September 2009. It was one of the earliest phases of the SRHP that was
constructed under the adminsitration of former President Gloria Arroyo. When
Ketsana hit the country, the SRHP was expanded to accomodate thousands of
ED

homeless typhoon victims. Since then, the SRHP has been expanded to shelter other
disaster victims, as well as urban poor whose homes have been demolished by local
governments. SRHP then became one of the largest resettlement areas in Erap City.
IS

Therefore, the SRHP is not only intended for Typhoon Ketsana victims but also for
victims of other natural and man-made calamities, specifically for those who expe-
rienced demolition or forced relocation by the local government. Informal settlers
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who reside the danger zones such as rivers, creeks, or near railways are usually
relocated by LGUs to safer areas. Every phase of SRHP has different lot sizes and
house floor areas. The first phase of SRHP has a total land area of 8.5 hectares, and
R

the average housing unit has a 40 m2/lot area and with a floor area of 22 m2.

1.9 The Roadmap of the Book

The overall objective of this book is to evaluate the extent of conformity of the
SRHP’s housing and relocation for Typhoon Ketsana’s victims in Rodriguez, Rizal,
with the PDR legal goals of the PDRRMA, and the UN's PDR treatises in the
following four key areas of the project—namely, the suitability of the relocation site;
security of ownership, affordability, and habitability of the housing units; availability
of jobs and livelihood; and the adequacy of the social facilities and services. Typhoon
1.9 The Roadmap of the Book 19

Ketsana victims were relocated in the SRHP’s Phase 8A. To achieve this, the
chapters are arranged to provide readers an overview of the book’s content.
Chapter 1 (Introduction) provides an overview of the case study on which it is
based. It discusses the background, research objectives, significance of the study,
overall theoretical framework, method, and gives a short history and background of
the research site. It provides a brief description of the low-cost housing and relo-
cation system in the Philippines. It aims to describe the plurality of laws, informal
rules, cultural norms, and legal and quasi-legal orders in Philippine relocation and
low-cost housing system and how they can affect the interpretation and imple-
mentation of the PDR program of the PDRRMA for Typhoon Ketsana victims.
Chapter 2 provides the general theoretical framework of the book. It reviews
broadly the history and trends in the sociology of disasters and explains why the
sociological normative pluralist perspective is appropriate for analyzing the unin-
tended effects of enforcing PDR projects in disaster-prone countries with multiple

F
legal and social normative systems, rigid bureaucratic regulations, and high red-tape

O
and corruption indices such as the Philippines.
Chapter 3 examines the holistic approach and PDR standards of the Philippine

O
Disaster Risk Reduction Act (PDRRMA) of 2010. The PDRRMA’s lack of legal
provisions that guide the actual post-disaster housing for Typhoon Ketsana victims
PR
resulted in the reliance of the PDR managers of the SRHP on the existing pluralism
in laws and informal normative systems that govern real-estate business. With the
Philippines’ complex real-estate regulation system and personalistic cultural val-
ues of the stakeholders, serious deviations of the intended recovery goals of
PDRRMA would likely occur, increasing the suffering of typhoon victims.
ED

Chapter 4 discusses the legal pluralism in the Philippine housing and relocation
program as well as the housing itself. It provides an overview of the complexity of
the formal and informal laws, rules, and regulations and the diverse groups that
IS

enforce them. It also specifies the laws governing the four important criteria on
adequate relocation and housing as envisioned by the PDRRMA and international
conventions: suitability, accessibility, security of tenure, affordability, habitability
EV

and availability of basic services, facilities, and livelihood.

Chapter 5 closely examines the SRHP in Barangay San Isidro, Rodriguez, Rizal,
and evaluates in detail its suitability and accessibility to disaster victims in the light
R

of the legal provisions of the PDRRMA and other related laws and international
conventions on adequate resettlement for disaster victims.
Chapter 6 investigates the security of tenure of buyers or beneficiaries to their
housing units in SRHP’s housing project as well as the affordability and habitability of
the houses built inside the resettlement. It highlights the overpricing of the land and
housing units as well as the weak construction of the house and poor quality of building
materials used by developers to maximize profit, thus sidelining the official law’s
provision on building disaster-resilient homes and communities for disaster victims.
Chapter 7 examines why a sustainable livelihood program is absent in SRHP
Phase 8A, which is contrary to what the PDRRMA and other official laws say on
holistic PDR. It also analyzes the contentious issue of having a livelihood program in
20 1 Introduction

a national relocation site, such as the SRHP, where the local government is wrestling
for control over the relocation from a powerful national corporation such as the NHA.
Finally, Chapter 8 investigates the availability of basic social services and
facilities in the relocation area. Specifically, it will show the lack of social services
and sustainable livelihood opportunities in SRHP. Moreover, it will provide some
sociological analyses on the responsibility of the NHA, the developer, and the local
government of Rodriguez, Rizal, for this lack of social services and facilities. It
will also examine the problems of electricity, water, health, lack of access to
hospitals and educational facilities, as well as the limited religious facilities inside
the housing project.

References

F
O
ADB. (2015). Proceedings of the regional knowledge forum on post-disaster management,
October 20–21, 2015. Asian Development Bank. Accessed February 29, 2016.
Ballano, V. (2016). Sociological perspectives on media piracy in the Philippines and Vietnam.
Singapore: Springer Science+Business Media Singapore.
O
Ballesteros, M. (2000). Land Use Planning in Metro Manila and the Urban Fringe: Implications on
PR
the Land and Real Estate Market. Discussion Paper Series No. 2000–20
Ballesteros, M., & Egana, J. (2012). Efficiency and effectiveness review of the National Housing
Authority (NHA) resettlement program. http://www.dbm.gov.ph/62C97C27-20B5-4CB0-
9BD2-8286EDF12907/FinalDownload/DownloadId-802ACD5E5502BED20A5F66A855713/
62C97C27-20B5-4CB0-9BD2-8286EDF12907/wp-content/uploads/DBM%20Publications/
ED

FPB/ZBB-2012/e.pdf. Accessed March 4, 2015.

Baroudi, B., & Rapp, R. R. (2014). Stakeholder management in disaster restoration projects.
International Journal of Disaster Resilience in the Built Environment, 5(2), 182–193.
Barton, Allen H. (1969). Communities in disaster: A sociological analysis of collective stress
situations. Garden City, New York: Doubleday & Company Inc.
IS

Benator, B., & Thumann, A. (2003). Project management and leadership skills for engineering
and construction projects. United States of America: The Fairmont Press Inc.
Berke, P., Wenger, D., & Kartez, J. (1993). Recovery after Disaster: Achieving Sustainable
EV

Development, Mitigation and Equity. Disasters, 17(2), 93–109.

Boen, T. (2006). Building a safer Aceh, reconstruction of houses, one year after the Dec. 26, 2004
Tsunami. In the 40th Anniversary of Trisakti University, “Answering the Challenges in
Today’s Civil Engineering,” January 26, 2006.
R

Carver, R. (2011). Is there a human right after a disaster? Environmental Hazards, 10(20122), 232–
247. http://www.humanitarianinfo.org/iasc/downdoc.aspx?docID=4503&type=pdf. Accessed
December 14, 2012.
Chang, Y., et al. (2010). Resourcing challenges for post-disaster housing reconstruction: A
comparative analysis. Building Research & Information, 38(3), 247–264.
Chang, Y., Wilkinson, S., Seville, E., & Potangaroa, R. (2012). Changes in resource need for
post-disaster reconstruction: A longitudinal study in China. Building Research and
Information, 40(3), 327–336.
Coburn, A. W., et al. (1984). Reconstruction and resettlement 11 years later: A case study of
Bingöl Province, Eastern Turkey. In S. Schupisser & J. Studer (Eds.), Earthquake relief in less
industrialized areas (pp. 49–58). Rotterdam: A. A. Balkema.
Cooke-Davies, T,. J. (2002). Towards improved project management practice, PhD thesis, Leeds
Metropolitan University.
References 21

Crawford, L.et al. (2012). Building capability for disaster resilience. Paper presented at the 28th
Annual Conference of Association of Researchers in Construction Management (ARCOM),
September 2012, Edinburgh, Scotland.
Cutter, S. L., Boruff, B. J. & Shirley, W. L. (2003). Social Vulnerability to Environmental
Hazards. Social Science Quarterly, 84, 242–261. doi:10.1111/1540-6237.8402002
Cutter, S. L., & Emrich, C. T. (2006). Moral hazard, social catastrophy: The changing face of
vulnerability along the hurricane coasts. The Annals of the American Academy, 604, 102–112.
Davidson, C. H., et al. (2007). Truths and myths about community participation in post-disaster
housing projects. Habitat International, 31(1), 100–115.
Deflem, Matthieu (Ed.). (2012). Disaster, hazards, and law. Sociology of crime, law and deviance
(Vol. 17). United Kingdom: Emerald.
Dhillon, B. S. (2002). Engineering and technology management tools and applications (1st ed.).
Boston, London: Artech House Publishers.
Drabek, T. E., & McEntire, D. A. (2002). Emergent phenomena and multiorganizational
coordination in disasters: Lessons from the research literature. International Journal of Mass
Emergencies and Disasters, 20, 197–224.

F
Flatt, V. B., & Stys, J. J. (2013). Long term recovery in disaster response and the role of
non-profits (April 22, 2012). Oñati Socio-Legal Series, 3(2). Available at SSRN: http://ssrn.

O
com/abstract=2119879. Accessed February 1, 2015.
Freeman, P.K. (2007). Allocation of post-disaster reconstruction financing to housing. Building
Research & Information, 32(5), 37–41 (January 2013).

O
Ge, Y., Gu, Y. & Deng, W. (2010). Evaluating china’s national post-disaster plans: The 2008
Wenchuan Earthquake’s recovery and reconstruction planning. International Journal of
PR
Disaster Risk Science, 1(2): 17–27. doi:10.3974/j.issn.2095-0055.2010.02.003
Grenfell, L. (2006). Legal pluralism and the rule of law in Timor-Leste. Leiden Journal of
International Law, 19(2006), 305–337.
Haigh, R., & Sutton, R. (2012). Strategies for the effective engagement of multi-national
construction enterprises in post-disaster building and infrastructure projects. International
ED

Journal of Disaster Resilience in the Built Environment, 3(3), 270–282.

Harris, N. R. (2010). Discretion and expediency in the enforcement of planning controls. Town
Planning Review, 81(6), 675–700.
Hayes, P. F., & Hammons, A. (2000). Disaster recovery project management. Paper presented at
the Industry Applications Conference, October 8–12, 2000, Rome.
IS

Hidayat, B. & Egbu, C. O. (2010). A literature review of the role of project management in
post-disaster reconstruction, in: 26th Annual ARCOM Conference, 6-8 September 2010,
Leeds, UK. http://usir.salford.ac.uk/10144/
EV

Hughes, B. & Cotterell, M., (2002), Software Project Management (2nd edition). New Jersey:
Wiley & Sons.
IFRC (2015). How law and regulation supports disaster risk reduction Haiti case - study report.
Geneva: Haiti Red Cross Society and the International Federation of Red Cross and Red
R

Crescent Societies. Available at http://www.ifrc.org/Global/Publications/IDRL/country%

20studies/HAITI%20DRR%20Report.pdf
Ika, L. A. (2012). Project Management for Development in Africa: Why Projects Are Failing and
What Can Be Done About It. Proj Mgmt Jrnl, 43, 27–41. doi:10.1002/pmj.21281
Imura, M., & Shaw, R. (2009). Challenges and potentials of post-disaster relocation. Asian Journal
of Environment and Disaster Management, 1(2), 199–221. doi:10.3850/S1793924009000029
Ismael, D. et al. (2005). A review of project management for post-disaster reconstruction project:
From International NGOs (INGOs) Perspective. Research in Civil and Environmental
Engineering, 2(04), 199–215. Retrieved from https://www.academia.edu/10168784/
A_REVIEW_OF_PROJECT_MANAGEMENT_FOR_POSTDISASTER_RECONSTRUC
TION_PROJECT_FROM_INTERNATIONAL_NGOs_INGOs_PERSPECTIVE
Iwai, T., & Tabuchi, S. (2013). Survey: Housing projects delayed for more than 10,000 evacuees.
The Asahi Shimbun.
22 1 Introduction

Kennedy, J., et al. (2008). The meaning of “build back better”: Evidence from post-tsunami Aceh
and Sri Lanka. Journal of Contingencies and Crisis Management, 16(1), 24–36.
Kerzner, H. (2003). Project management: A systems approach to planning, scheduling, and
controlling eight edit. New Jersey, USA: Wiley.
Kim, K., & J. Choi (2013) Breaking the vicious cycle of flood disasters: goals of project
management in post-disaster rebuild projects. International Journal of Project Management,
31, 147–160.
LaBrosse, M. (2007). Project management’s role in disaster recovery. Leadership and
Management in Engineering, 89(July), 1.
Linda M. Peñalba, Dulce D. Elazegui, Juan M. Pulhin & Rex Victor O. Cruz, (2012). Social and
institutional dimensions of climate change adaptation, International Journal of Climate
Change Strategies and Management, 4(3), 308–322. https://doi.org/10.1108/
17568691211248748
Lloyd-Jones, T. (2006). Mind the Gap! Post-disaster reconstruction and the transition from
humanitarian relief. Summary report for RICS by the Max Lock Centre at the University of
Westminster.

F
Marchewka, J. T. (2006). Information Technology Project Management. New Jersey: John Wiley
& Sons.

O
Matsumaru, R., Nagami, K., & Takeya, K. (2012). Reconstruction of the Aceh Region following
the 2004 Indian Ocean tsunami disaster: A transportation perspective. IATSS Research, 36(1)
11–19. https://doi.org/10.1016/j.iatssr.2012.07.001

O
Michael, A. J. (1988). Effects of three-dimensional velocity structure on the seismicity of the 1984
Morgan Hill, California, aftershock sequence. Bulletin of the Seismological Society of America,
PR
78, 1199–1221.
Mileti, Dennis. (1999). Disasters by design: A reassessment of natural hazards in the United
States. Washington, D.C.: Joseph Henry Press.
Moe, T. L., & Pathranarakul, P. (2006). An integrated approach to natural disaster management:
Public project management and its critical success factors. Disaster Prevention and
ED

Management, 15(3), 396–413.

Moloney, A. (2014). Haitians still homeless, “suffering in despair” 4 years after the
quake-Amnesty (pp. 4–6). Thomson Reuters Foundation.
Morrow, B. H. (1999). Identifying and Mapping Community Vulnerability. Disasters, 23, 1–18.
doi:10.1111/1467-7717.00102
IS

Munns, A., & Bjeirmi, B. (1996). The role of project management in achieving project success.
International Journal of Project Management, 14(2), 81–87.
NDRRCC Report (2011). National Disaster Risk Reduction and Management Plan (NDRRMP)
EV

2011–2028. Available at http://www.adrc.asia/documents/dm_information/Philippines_

NDRRM_Plan_2011-2028.pdf
Nazara, S., & Resosudarmo, B. P. (2007). Aceh-Nias reconstruction and rehabilitation: Progress
and challenges at the end of 2006, Tokyo.
R

OHCHR. (2009). The right to adequate housing. Fact Sheet No. 21 (Rev. 1). http://www.ohchr.
org/Documents/Publications/FS21_rev_1_Housing_en.pdf. Accessed February 12, 2015.
Oliver-Smith, A. (1991). Successes and failures in post-disaster resettlement. Disasters, 15(1),
12–23.
Olshansky, Robert B., Johnson, Laurie A., & Topping, Kenneth C. (2006). Rebuilding
Communities Following Disaster: Lessons from Kobe and Los Angeles. Built Environment,
32(4), 354–374(21). https://doi.org/10.2148/benv.32.4.354
Quarantelli, F. L. (1988). Disaster management crisis: A summary of research findings. Journal of
Management Studies, 25(4), 373–385.
Quarantelli, F. L. (2000). Disaster Planning, emergency management, and civil protection: The
historical development and current characteristics of organized efforts to prevent and respond
to disasters. Preliminary Paper #301: Disaster Research Center, University of Delaware. http://
www.udel.edu/DRC/PreliminaryPapers/pp.301.pdf. Accessed March 2, 2013.
References 23

Roosli, R., Vebry, M., Mydin, A. O., & Ismail, M. (2012). Building and Planning of Post-Disaster
Rehabilitation and Reconstruction. International Journal of Academic Research, 4(1), 194–
199.
Roseveare, C. (2013). Rule of law and international development. London: DFID.
Rubin, C. (1991). Recovery from disaster. In: Drabek, T. E. & Hoetmer, G. J. (Eds.), Emergency
management: Principles and practice for local government. Washington D.C.: International
City Management Association.
Rubin, Claire B., Saperstein, Martin D. & Barbee, Daniel G. (1985). Community recovery from a
major natural disaster. FMHI Publications. Paper 87. http://scholarcommons.usf.edu/fmhi_
pub/87
Schwab, J. (1998). Planning for post disaster recovery and reconstruction. PAS Report
No. 483/484, American Planning Association, Chicago, IL.
Seleim, A., & Bontis, N. (2009). The relationship between culture and corruption: A cross-national
study. Journal of Intellectual Capital, 10(1), 165–184. doi:10.1108/14691930910922978
Sherwood, A., et al. (2015). Resolving post-disaster displacement: Insights from the Philippines
after Typhoon Haiyan (Yolanda). The Brookings Institution. International Organization for

F
Migration (IOM).
Steinberg, F. (2007). Housing reconstruction and rehabilitation in Aceh and Nias.

O
Indonesia-Rebuilding lives. Habitat International, 31(1), 150–166.
Steret, S. (2013). Disaster and Sociolegal Studies. New Orleans: LA: Onati Socio-Legal Series,
Quid Pro Books.

O
Sydow, J. et al (2004). Project-Based Organizations, Embeddedness and Repositories of
Knowledge: Editorial. Organization Studies, 25, 1475–1489.
PR
Tobin, Graham A. & Ollenburger, Jane C. (1993). Natural Hazards and the Elderly. Boulder:
University of Colorado, Natural Hazards Research and Applications Information Center.
Turner, B. L., et al. (2003) A framework for vulnerability analysis in sustainability science.
Proceedings of the National Academy of Sciences, 100(14), 8074–8079.
UNHCR (2014). Global Strategy for Resettlement and Shelter: A UNHCR Strategy 2014–2018.
ED

Available at http://www.unhcr.org/530f13aa9.pdf
Valte, M. (2000). Chapter 6. Urban Shelter. In HUDCC 2000 Report. Urban Partnerships
Foundation. Retrieved from http://www.ombudsman.gov.ph
Walker, D., Steinfort, P., & Maqsood, T. (2014). Stakeholder voices through rich pictures.
International Journal of Managing Projects in Business, 7(3), 342–361.
IS

World Bank. (2013). Building resilience: Integrating climate and disaster risk into development.
Washington DC. Available at: www.worldbank.org
World Bank. (2016). Doing business 2016: Measuring regulatory quality and efficiency.
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Ye, Y., & Okada, N. (2002). Integrated relief and reconstruction management following a natural
disaster. In Second Annual IIASA-DPRI Meeting, Integrated Disaster Risk Management:
Megacity Vulnerability and Resilience (pp. 1–18), IIASA, Laxenburg, Austria, July 29–31,
2002.
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Chapter 2
Sociology, Normative Pluralism,
and Post-disaster Recovery: The Case
of the Philippines

Abstract This chapter argued why the sociological normative pluralist perspective
is appropriate for analyzing the unintended effects of enforcing post-disaster
recovery projects in disaster-prone countries with multiple legal and social nor-

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mative systems, rigid bureaucratic regulations, and high red-tape and corruption

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indices like the Philippines. Firstly, it traced broadly the development of disaster
research in sociology and the substantive trends in theorizing hazards and disasters.

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Secondly, it clarified the distinction between legal pluralism and normative plu-
ralism in socio-legal studies and explains the significance of the normative pluralist
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framework in evaluating the success and failure of post-disaster recovery projects.
Thirdly, it highlighted the sociological significance of examining social structure in
disaster events as well as the consequences of a multiplicity of actors and normative
orders in post-disaster housing projects. It contended that developing countries with
high legal and normative pluralism and complex social systems, such as the
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Philippines, are more likely to encounter significant deviations in implementing

post-disaster housing projects.

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Keywords Sociology of disasters Normative pluralism Legal pluralism Social

structure Sociology of law Philippines
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2.1 Disaster Research in Sociology

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The classical approach in disaster studies treats disasters as events that originate in
the earth and atmospheric systems. It sees physical events as impinging on the built
environment and on social systems with their relatively sudden onset and the
casualties, damage, and disruption they cause (Tierney, 2007, p. 509). In contrast,
the sociological approach treats disasters as social rather than physical events that
must be defined and examined in exclusively social terms (Quarantelli, 1987,
1997). When disasters happen, sociologists rarely, if ever, view them as “natural”
but rather as “the result of poorly managed interactions between environmental
hazards and human society that have placed people in harm’s way without adequate

© Springer Nature Singapore Pte Ltd. 2017 25

V.O. Ballano, Law, Normative Pluralism, and Post-Disaster Recovery,
DOI 10.1007/978-981-10-5074-9_2
26 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

coping mechanisms). For sociologists, disasters are better seen as “a result of the
complex interaction between a potentially damaging physical event (e.g., floods,
droughts, fire, earthquakes, and storms) and the vulnerability of society, its
infrastructure, economy, and environment, which are determined by human
behavior” (Birkmann (ed.) 2006, p. 10). In this sense, disasters are “unnatural”
phenomena (Cardona, 1993).
Sociologists generally distinguish disasters from hazards. A disaster is under-
stood as an event in which a community undergoes severe losses to persons and/or
property that the resources available within the community are severely taxed,
while a hazard is a condition with the potential for harm to the community or
environment (Drabek, 2004). For sociologists, the term “disaster” refers to specific
events such as typhoons, hurricanes, floods, or earthquakes, whereas the term
“hazard” constitutes a class of threats such as hurricanes, tornadoes, earthquakes,
and so on. Hazards reflect the risk, vulnerability, or exposure confronting families,

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communities, or societies (Drabek, 2005, p. 4). This distinction has provided an

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important frame of reference for sociologists who want to use the perspectives,
concepts, and methods that define the broad field of sociology (Drabek, 2005).

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The sociology of disasters is said to have started to bloom with Prince’s (1920)
dissertation and sociological work on a technological disaster that involved a col-
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lision of two ships in the Halifax harbor on December 6, 1917 (Drabek, 2005). This
was followed by natural investigations and inquiry into the conditions of panic. In
the late 1940s and early 1950s, sociological research consisted mainly of a rapid
response to disasters by teams from the University of Chicago’s National Opinion
Research Center (NORC) and the National Academy of Sciences (Fritz & Marks,
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1954). The research funding during this period came mainly from the United States
military organizations; thus, the research focus was on applied research that con-
nected disaster investigations to situations in wartime and on the
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socio-psychological aspects of disasters.

In the 1960s and 1970s, sociological research expanded to include field studies
of organizational functioning in disasters, but its focus was on the
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socio-psychological aspects connected with wartime and civil defense interests

(Quarantelli, 1987). During this era, pioneering researchers saw disasters as con-
texts in which to explore organizational and collective behavior under high-stress
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conditions (Tierney, 2007, p. 504). The first important milestone of this approach
came with the founding of the Disaster Research Center (DRC) at the Ohio State
University in 1963. The DRC’s founders—E.L. Quarantelli, Russel Dynes, and
J. Eugene Haas—developed a research focus that examined both the organizational
and emergent social behavior during and immediately after disasters (Tierney,
2007, pp. 504–505). After gathering hundreds of factual reports on the tasks and
structures of groups involved in disaster situations, Quarantelli (1966) and Dynes
(1970) developed an analytical tool that bears a great impact in the sociology of
disasters—the well-known typology of established (regular tasks, old structures),
2.1 Disaster Research in Sociology 27

expanding (regular tasks, new structures), extending (non-regular tasks, old struc-
tures), and emergent (non-regular tasks, new structures) organizations. This
invention resulted in the shift of focus in the study of disasters from the
socio-psychological to organizational aspects of disasters. The analytical device
created by DRC researchers was partly responsible for the “boom years of socio-
logical research” on disaster. Several scholars later used this important tool to
generate additional hypotheses about organizational behavior in disasters (e.g.,
Stallings, 1978; Drabek & McEntire, 2003, p. 98).
In the 1980s and 1990s, the enormous contribution of sociology as well as social
science scholars from the United States and Europe in disaster studies became
significant. During this decade, the sociological perspective primarily examined the
various dimensions of social and cultural difference—including race, ethnicity, age,
and class—in the study of disasters (e.g., Bolin & Bolton, 1986; Perry &
Mushkatel, 1986). The bulk of the sociological research during this time was

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directed toward topics such as disaster policy, emergency-management organiza-

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tions, warning systems, and so forth and often relied on a model of system
adjustment (Drabek, 1986; Quarantelli, 1996). Although more European scholars

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became interested in disaster research, the enormous contribution of American
social-science scholars on this topic since the 1980s remained significant (van
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Niekerk, 2012).
One major issue confronting sociologists in studying disasters revolves around
the perspectives they apply in their research. Although attempts have been made to
indicate some substantive trends in the development of sociology, there is no
coherent discussion in the field of sociological studies regarding the development of
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disaster research (Nasreen, 2004). Most sociologists do not elaborate on their

theoretical perspectives that guide their field work, albeit elements of functionalism,
structuralism, symbolic interactionism, and other sociological frameworks can be
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identified from their work. Some have pursued the insights of social construc-
tionism and moved into research agenda that are usually ignored by those rooted
within a collective-stress viewpoint. Other scholars in disaster studies are calling for
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a paradigm shift (Drabek, 2005, pp. 8–9).

Despite this theoretical development in disaster research, sociologists continue to
neglect the normative framework in studying disasters. Also, disaster research
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remains underdeveloped and marginal in the field of sociology in general.

Sociology of disasters remains resistant to changes in the broader sociological
landscape (Tierney, 2007). And lastly, most of the disaster scholars are still
American, thus limiting the research mostly to a single culture at an advanced stage
of development (Laska, 1989).
28 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

2.2 Substantive Trends in Disaster Research

Understanding disasters as systemic events have always characterized sociological

research on disasters from its origins during World War II to the present day,
despite the fact that the current trend has clearly become multidisciplinary in more
recent decades with strong intersections among the natural, social, and policy sci-
ences (Kreps, 2001). Disaster scholars view disasters as a mix of “natural” and
“human-made” or “technological” causes and as a historically conditioned process
(Quarantelli, 2005). This trend can be seen in the social sciences. Over the last
couple of decades, disaster sociologists, as well as scholars from psychology,
political science, anthropology, geography, and disaster research centers, came to
see disasters as multifaceted. Thus, current theorizing in sociology and the social
sciences on disasters tend to be based on diverse orientations such as social con-

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structionism, postmodernism, conflict-based, and political economy theories.
Research on hazards and disasters during the past 30 years has been based on the

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notion that individuals and groups choose how to cope with or adjust to hazards in
their natural and constructed environment. Consequently, public and private poli-

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cies that have been developed based on this paradigm have a management strategy
with the goal of decreasing hazard-related losses, organized conceptually around a
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four-stage cycle of preparedness, response, recovery, and mitigation (Peek &
Mileti, 2002, p. 514). The existing research trend on disasters and hazards in
sociology and the social sciences tends to focus on describing the conditions that
can lead to disasters and achieving a prevent-and-empower disaster response. At
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present, three popular social concepts and perspectives, namely, social vulnera-
bility, risk, and resilience, tend to dominate disaster research and literature in
sociology as well as in the social sciences.
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2.2.1 Risk
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The first major concept and popular perspective in the current disaster research is
risk. Risk research encompasses a broad range of topics on the probability of
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disaster events and their effects to communities. Risk scholarship flows from the
work on technology; natural disasters; individual, group, and organizational
decision-making; politics; stratification; environment; and social-impact assessment
(Fredenburg, 1986; Dietz, Stern, & Rosa, 1993). The fields of risk assessment and
risk analysis are aimed at identifying, measuring, characterizing, and evaluating the
outcomes resulting from natural and technological hazards (Lowrance, 1976;
Crouch & Wilson, 1982; Mitchell, 1990; National Research Council, 1993; 2006).
“Disaster risk is socially distributed in ways that reflect preexisting inequalities, in
that some groups are more prone to death, injury, economic loss, and psychological
impairment in the wake of differing hazards (Wisner et al., 2004). Specifically,
children, the elderly, women, racial minorities, the poor, persons with physical or
2.2 Substantive Trends in Disaster Research 29

mental disabilities, and immigrants have been identified by both disaster researchers
and policy makers as especially vulnerable to the harmful impacts of disaster
(Cutter, Boruff, & Shirley, 2003).”
Disaster risk is generally viewed either in a constructivist or objectivist manner.
Constructivist thinking views disaster as a social construct and examines the social
representations and perceptions as well as the interaction between different social
actors and phenomena. It views the conditions of risk, as well as the attitudes to
risk, as being rooted in societies that can inevitably lead to disasters. Objectivist or
realist thinking, which is popular in the natural and physical sciences, believes that
risk can be quantified and objectively judged (van Niekerk, 2012, p. 4).
Other social-science perspectives have influenced the products and risk assess-
ments in disaster study more than sociology (Dietz et al., 1993). In particular, the
field of anthropology examines how culture and ideology shape societal definitions
of risk. Douglas and Wildaveshy (1982), for instance, argue that risk is not a

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reflection of objective reality but rather a cultural phenomenon that reflects societal

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and group values and that it must be interpreted in the light of their broader cultural
functions. The fields of psychology and social psychology, which dominated risk
research in the social sciences, focus on “how individuals perceive various risks,
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what factors enter into the estimation of risk, and how people make risk-related
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choices” (Tierney, 1999, p. 218).
Despite its popularity, not all scholars rely on the factor of risk in assessing
hazards and disasters. This concept is not without criticism from sociologists. Zinn
(2009), for instance, argued that it is obviously unreasonable to “over-rely” on risk
because it is too narrow a concept to any sociological research. It is particularly
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harmful to the sociological approach, subscribing to the technical and “rationalist”

understanding of risk or the economic approach grounded in instrumental
rationality and a conventional model of rationality. Although some sociological
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work is based on rational actor approaches (Coleman, 1990; Gambetta, 1988), most
sociologists find this approach unsatisfactory in dealing with situations in which
others are involved. Although research using risk framework recognizes that risks
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are shaped by structural and institutional contexts, it has no integrating theory. The
distinctive contribution of this perspective is its emphasis on the role of shared ideas
and normative frameworks, as understood in terms of the contribution of cultural
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and social factors, to the understanding and prioritizing of risks and responses to
them among all those involved (Zinn & Taylor-Gooby, 2006).

2.2.2 Social Vulnerability

Another popular concept and theorizing in the sociology of disasters is social

vulnerability. The social-vulnerability perspective in viewing disaster has grown in
prominence in the sociology of disaster literature during the past decade. Although
this concept is often cited by disciplines of applied research, there is really no
common working definition for the term (Birkmann & Wisner, 2006). The various
30 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

definitions of vulnerability in the literature depend on the conceptual models and

frameworks of authors (Adger, 1999; Downing, Olsthoorn, & Toi, 1999; Cutter,
1996; See & Porio, 2015). “Vulnerability is a term used in the field of risk, hazard,
and disaster management as well as in the areas of global change and environment
and development studies” (Weichselgartner, 2001). The UNISDR (2004, p. 16)
defines it as “the conditions determined by physical, social, economic and envi-
ronmental factors or processes which increase the susceptibility of a community to
the impacts of hazards” (Palliyaguru et al., 2014). It can also refer to “the sus-
ceptibility of groups to the impacts of hazards, as well as their resiliency, or ability
to adequately recover from them” (Cutter & Emrich, 2006, p. 103). The concept of
social vulnerability “highlights differences in the human capacity to prepare for,
respond to, and recover from disasters. It varies over space and time, and among
and between social groups, largely due to differences in socioeconomic and
demographic characteristics” (Hummel, Cutter, & Emrich, 2016). Scholars who

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employ this concept believe that vulnerability is partially the product of social

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inequalities, i.e., those social factors that influence or shape the susceptibility of
various groups to harm and that also govern their ability to respond (Cutter, Boruff,
& Shirley, 2003, p. 243). Disasters, such as volcanic eruption, flood, or typhoon,
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are only a triggering agent. What determines vulnerability is the quality of the
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existing infrastructure or degree of resilience of the affected community to the
triggering agent. To them, the vulnerability can never be isolated from the social,
cultural, economic, and political realms that influence decisions regarding settle-
ment patterns and methods for building (McEntire, 2001). It is a product of deci-
sions that are structured by the normative systems, be they legal or cultural. These
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decisions create the vulnerable environment. Thus, vulnerability is ultimately a

product of an interplay of various normative systems of individuals and groups in
society that created a disaster-prone situation.
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The concept of vulnerability in research derives from a specific set of historical

circumstances relating to abuses in biomedical research. One major criticism of this
approach is that scholars who use this concept have labeled so many people and
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groups as vulnerable that the concept has lost much of its force. The vulnerability
paradigm in disaster research has limitations. The concept of vulnerability is an
extraordinarily elastic concept, capable of being stretched to cover almost any
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person, group, or situation, and then of being snapped back to describe a narrow
range of characteristics such as age or incarceration. The concept gathers people
with widely varying characteristics and capacities under one large umbrella without
analyzing whether or not they all fit. It is both too broad because it includes too
many categories and too narrow because it fails to include others at risk for different
reasons other than their cognitive or dependent status (Levine, 2004, p. 398). In
disaster research, participants should not be automatically considered vulnerable
unless they are legally designated as such.
2.2 Substantive Trends in Disaster Research 31

2.2.3 Resilience

Resilience is another popular perspective in disaster research. The term “resilience”

has its roots in the sciences of physics and mathematics. It was originally used to
describe the capacity of a material or system to return to equilibrium after a dis-
placement (Bodin & Wiman, 2004; Gordon, 1978). When applied to people and
their environments, “resilience” is fundamentally a metaphor that implies strength,
capacity, elasticity, and evolution (Alexander, 2013a). Although this concept began
to be employed as the inverse of human vulnerability in the disaster risk–man-
agement community in the late 1970s with increased use in recent years (Birkmann,
2006; Gaillard, 2010; Torry, 1979), some scholars believe that resilience is not to be
seen as the opposite of vulnerability. They accede that both concepts may overlap,
but they assert that it can best be understood as discrete concepts because per-

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ceiving these as “two sides of the same coin” leads to unproductive circular rea-
soning (so that no new policy options arise despite the linguistic turn) (Klein,

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Nicholls, & Thomalla, 2003; Matyas & Pelling, 2015).
The term “resilience” has different names. “Ecologists call it an adaptation,

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economists call it is coping capacity, anthropologists call it bounce back better, and
in engineering, it is best known as the capacity of a structure to withstand shock
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while retaining function” (Dahlberg et al., 2015, p. 44). The original notion of the
term comes from a Latin word that means “jump back” or “bounce back” (Manyena
et al., 2011). In the disaster context, resilience can be understood as the ability of
people to recover within the shortest possible time with minimal or no assistance
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(Malalgoda, Amaratunga, & Haigh, 2014). Although many interpretations of the

term abound in the disasters community, this understanding of resilience has proved
to be persistent.” Thus, the United Nations Strategy for Disaster Reduction (2009)
defines resilience as:
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the ability of a system, community or society exposed to hazards to resist, absorb,

accommodate to and recover from the effects of a hazard in a timely and efficient manner,
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including through the preservation and restoration of its essential basic structures and
functions.

The rapid increase of the concept of resilience in the disaster risk–management

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(DRM) policy landscape started with the Hyogo Framework for Action 2005–2015
(HFA), whose subtitle, “Building the Resilience of Nations and Communities to
Disasters,” places the concept at the core of DRM aspirations (Matyas & Pelling,
2015a, b). “The intimate connections between disaster recovery and the resilience
of affected communities have become common features of disaster risk reduction
programs since the adoption of the HFA. Thus many disaster research is now giving
more attention to the capacity of disaster-affected communities to ‘bounce back’ or
to recover with little or no external assistance following a disaster. This highlights
the need for a change in the disaster risk reduction work culture, with the stronger
emphasis being put on resilience rather than just need or vulnerability” (Manyena,
2006).
32 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

Resilience as a concept and perspective to view disasters has the potential to

offer a more systemic and cross-cutting approach to disaster-risk reduction,
climate-change adaptation, and the humanitarian sector. Resilience is an important
goal for two reasons. First, because the vulnerability of technological and social
systems cannot be predicted completely, resilience—the ability to accommodate
change gracefully and without catastrophic failure—is critical in times of disaster
(Foster, 1997). If people know exactly when, where, and how disasters would occur
in the future, they could engineer their systems to resist them. Because hazard
planners must cope with uncertainty, it is necessary to design cities that can cope
effectively with contingencies.
The concept of resilience has since been applied to describe the adaptive
capacities of individuals (e.g., Bonanno, 2004), human communities (e.g., Brown &
Kulig, 1996/97; Sonn & Fisher, 1998), and larger societies (e.g., Adger, 2000).
Because references to resilience have continued to increase, so too have criticisms

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that the concept may be inappropriate, imprecise, or “glittery” (Norris et al., 2007).

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Some skeptics argue that the pursuit of resilience, particularly community resi-
lience, is laudable but impractical. Using a conceptual framework based on theo-

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retical models of mitigation, recovery, and structural–cognitive interaction, Tobin
(1999), for instance, examined data from the state of Florida to assess the possibility
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of developing sustainable, resilient communities. Analyzing the state as a whole
rather than individual cities, he concluded that major changes in political awareness
and motivation would be necessary to overcome obstacles to resiliency and sus-
tainability from Florida’s existing demographic traits, spatial patterns, and hazard
conditions (Godschalk, 2003). Resilience, like social vulnerability, and risk as
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concepts and perspectives in disaster research may characterize some social aspects
of disasters but not their entire structural components. The key to a holistic
understanding of the nature of hazards and disasters requires a sociological
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examination of the stable pattern of social relationships existing in a particular

group society or group where the disaster event took place or what sociologists call
“the social structure.”
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2.3 Sociology of Disasters and the Social Structure

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The study of the social structure and social system of disaster situations has
apparently been sidelined in disaster research. Yet, disasters do not only alter the
geophysical components of society but also its social structure. After a disaster
event, the existing social structure of society is disrupted. Its stability is shaken, and
the prevailing social system is replaced by a new emergent structure that tends to be
incoherent, polycentric, and pluralist in the normative system. Sociologists do not
just study the natural or human-made “disaster agents,” such as hurricanes, flood
waters, or hazard spills, but also the disruption of everyday social activities
2.3 Sociology of Disasters and the Social Structure 33

resulting from the potential or actual impact of these agents (Fischer, 2003, p. 93).
Some sociologists argue that disasters may expose the key values and structures that
define communities and the societies they comprise (Drabek, 2005, p. 3). In this
case, they discover that the study of structural change occurring during and after
the precipitous event is crucial in the study of disasters. Thus, they examine the
altered social structure in the aftermath of the impact of a disaster agent when it
causes widespread destruction and distress. In short, disaster sociologists study the
change in social structure under specific circumstances (Fischer, 2003, p. 94).
The focus of the sociological research must be the status quo (i.e., the structure
before the disaster) and the disruption (or big mess) thereafter leading to the
adjusted social structure during the post-disaster recovery phase. The greater the
degree of disruption (in terms of scale, scope, and time), the more the social
structure is affected, thus leading to the emergence of new norms and roles
replacing the routine with the “more appropriate” behavior, e.g., search and rescue,

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feeding survivors (Fischer, 2003, p. 97). In this case, disaster-governance regimes

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become polycentric, multi-scale, and weak in integration as well as nested within
and influenced by overarching societal-governance systems (Tierney, 2012).

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Therefore, coordination between state and the various post-disaster actors and
organizations—each with their own normative systems, especially in cases of
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large-scale disasters—becomes problematic. The greater the impact of the disaster,
the greater is the number of actors and organizations that are involved in the
recovery process, thus making the normative order become more heteroge-
neous and intricate. Then the implementation of post-disaster recovery
(PDR) projects becomes prone to more negative unintended consequences. The
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enforcement of the intended PDR goals becomes amorphous and polycentric which
can be detrimental to the rehabilitation of disaster victims.
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2.4 The Social System and the Normative System

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Studying the altered social structure during the post-disaster situation requires
examining the normative orders. The social system is a system of action, and its
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structural aspects are the relatively stable interactions of individuals around com-
mon norms. It is made up of the interactions of individuals governed by norms. The
regularity or patterning of interaction becomes possible through the existence of
norms, which control the behavior of the actors. Because individuals share the same
“definition of the situation” in terms of such norms, their behavior can be inter-
meshed to produce a “social structure.” Indeed, a stabilized social system is one in
which behavior is regulated in this way and, as such, is a major point of reference
for the sociological analysis of the dynamics of social systems (Lockwood, 1956,
p. 135). The actual disaster event can initially trigger solidarity among victims and
rescuers, but a post-disaster setting can evoke pluralist and discordant responses
from various actors and groups during the reconstruction process. The regularity of
the social system is gradually replaced by a novel one, made of a loose
34 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

amalgamation of normative orders with a weak overall monitoring and

law-enforcement system to guide post-disaster recovery.
With the plurality of actors during and after disasters, perceptions can vary on
how to deal with the disaster event. “Although there has been rising global
awareness and lesson sharing on the human catastrophes associated with the pro-
liferation of natural disasters, there remains many misunderstandings on appropriate
approaches to recovery, given the specific socio-cultural, political and economic
contexts of the affected zones” (Brazzard & Raffin, 2011, p. 417). Bankoff and
Hilhorst (2009) aptly describe the diversity of views or ways of “seeing” disasters
by different actors and organizations:
Different actors ‘see’ disasters as different types of events and, because they perceive them
as such, they prepare for, manage and record them in very different ways. State and state
agencies ‘see’ disasters in one way; the people directly affected ‘see’ them in another (not
least according to the nature and extent of their vulnerabilities); non-governmental orga-

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nizations (NGOs) involved in providing needed services to communities ‘see’ them in still
other ways (depending on their ideological complexion); whereas scientists, technocrats

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and experts have their own variants of ‘seeing’. The media, too, if it does not exactly ‘see’
risk in a particular way certainly helps to shape public discourse about it (Benthall, 1993;

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Stallings, 1990, p. 82). These differing ‘seeings’ not only shape how actors and stake-
holders perceive disasters but also largely influence what actions are taken before, during
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and after an event. Actors and stakeholders do not respond directly to situations: rather, the
purpose and nature of their actions are determined through mediating orientations that
dispose them to act in certain ways (p. 687).

Varying worldviews and perceptions imply different actions in responding to the

post-disaster process. In any social structure, the actions of actors are shaped by their
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normative orientation. In a post-disaster setting, the constellation of legal and social

normative orders tends to overlap and expand depending on the number of actors
joining in the rehabilitation and reconstruction process. “Sources of governance in
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disaster management which are traditionally associated with one set of actors (private
governance with private actors or international law with international institutions, for
example) are increasingly co-produced through the involvement of a range of actors
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in their formulation and implementation for reasons of capacity, resources, or reach”

(Newell, Pattberg, & Schoeder, 2012, p. 366). With the rise of megacities, this
growing multiplicity of actors and sources of governance in disaster management
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requires that disaster sociologists examine the plurality of normative systems and their
influence on the implementation of projects in the post-disaster recovery process.

2.5 The Normative Pluralist Approach

The substantial increase in disasters around the world has led to an increase of
international, national, and local laws and norms on disaster management. Despite
the emergence of international norms, comparatively little scholarly attention has
been given to compliance of disaster efforts with these normative frameworks as
well as on how international laws and norms interact with national and local norms.
2.5 The Normative Pluralist Approach 35

There is apparently an absence of scholarly attention on the legal and normative

frameworks that underpin disaster situations (McDermott, 2013, p. 1). Although
there is a growing body of research on disaster governance, examining the inter-
twining legal and non-legal normative systems after large-scale disasters and how
they affect post-disaster projects, such housing and resettlement, is generally
missing in disaster research and particularly in sociology of disasters.
Sociology has explored some societal aspects of disasters. However, it has not
scrutinized closely the legal and social normative orders that shape the PDR in
disaster-prone countries with rigid regulatory systems and collectivist cultures.
Sociology has examined the behavioral, organizational, and institutional aspects of
natural disasters but not the normative systems that influence disaster management,
particularly during the PDR period. Consequently, the sociological stance of the
subfield of the sociology of law, which specifically examines the dynamics of law
and the social order, continues to be ignored by disaster scholars. If the sociological

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perspective sees disasters as social phenomena, then sociologists must analyze the

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normative structures that frame, interpret, and actualize disaster response and
recovery. Together with other legal scholars, it is incumbent upon sociologists to

O
undertake an intensive effort to examine and reform the interlocking structures of
governance and regulation that pertain to disasters (Farber, 2012, p. 20).
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Seeing disasters as systems rather than arenas of normative conflicts has side-
lined the socio-legal approach in sociological research. The mainstream sociolog-
ical research, which is guided either implicitly or explicitly by systems concepts,
views disasters as enhancing social solidarity and suppressing conflict (Tierney,
2007, p. 506). The pioneering work of sociologists Quarantelli, Dynes, and White
ED

has established the parameters of mainstream disaster research that views disaster
situations toward atomism rather than pluralism; thus, it unwittingly disregards the
normative pluralism aspects of disaster situations (Iversen & Armstrong, 2008). The
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fields of social-legal studies, including criminal justice and the sociology of law,
which primarily examine the normative orders, have been relatively absent or, at
least, have not been explored well in the sociology of disasters (Deflem, 2012,
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p. ix). This neglect seems to be ironic because disaster response is complex and
governed by a multiplicity of actors and normative systems. A post-disaster situ-
ation can consist of multiple competing formal and informal normative forces
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instead of a unified and interrelated system that suppresses conflict. The emergent
character of a post-disaster recovery situation requires an ad hoc
multi-organizational set-up, which can lead to discordant and conflicting responses
from the various disaster agencies acting according to their normative and regu-
latory frameworks and political orientations.
The normative pluralist approach views quantity and harmony of different for-
mal and informal regulations that underpin disaster management as crucial in
effecting successful post-disaster recovery projects. The more actors and normative
systems surrounding a PDR project, the more difficult it is to achieve the intended
goals. In this case, the success or failure of regulatory compliance of the PDR
project will depend to a large extent on the readiness of actors to accept respon-
sibility to implement it at every level (Roosli & O’Keefe, 2011). PDR projects
36 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

require a concerted effort that will support the foundations of community sustain-
ability and capacity building, which will eventually decrease risks and vulnera-
bilities to future disasters (Burton & Kates, 1993). Cooperation from all levels in
the disaster mechanism and the public is the ultimate goal to deliver a national
disaster program (Roosli & O’Keefe, 2011).
Large-scale post-disaster recovery project is essentially multiple and pluralist in
terms of normative and regulatory orders. The government, which often leads the
entire process, is assisted by a variety of stakeholders and organizations, both
public and private as well as local and international. These stakeholders involved in
PDR projects, such as housing and resettlement projects, possess their own set of
formal and informal norms of “doing things” that determine their “repertoire of
disaster-recovery actions.” Their norms tend to clash or conflict with one another.
In post-disaster housing projects, it is a near-impossible balancing act to satisfy all
parties involved (Daly & Brassard & Raffin 2011). Thus, coordinating the needs

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and aspirations of beneficiaries with the means and systems of donors and imple-

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menters can be complex, highly context specific, and rarely seamless (Fallahi, 2007;
Tas, Cosgun, & Tas, 2007; Saunders, 2004; Daly & Brassard, 2011). “Cooperation

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from all levels in the disaster mechanism and the public is the ultimate goal in order
to deliver a national disaster program” (Roosli & O’Keefe, 2011). However, there is
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usually a lack of unified and coherent legal framework and law enforcement sys-
tem that can monitor, coordinate, and harmonize the various normative orders of
actors and organization to successfully complete the PDR projects. As a result, the
accountability of PDR actors becomes difficult to ascertain, and corruption of
various forms can thus penetrate the different phases of the project’s implementa-
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tion. With the lack of a stable law-enforcement system that effectively regulates
people’s action in large-scale calamities, disaster behavior that implements
post-disaster projects can easily be justified by actors in a variety of grounds—legal,
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political, economic, social or cultural—other than what the official rules dictate.
Different types of organizations engaged in PDRs are expected to share tasks and
resources. But there is usually no clear-cut responsibility or familiarity due to the
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crossing of jurisdictional boundaries and the absence of standardization during

emergency situations (Auf der Heide, 1989). With the usual absence of a clear
standard of measuring accountability during a post-disaster situation, actors and
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organizations in the PDR system can engage in a power struggle to influence the
outcome of the different aspects of the PDR projects. In one disaster-recovery
project, for instance, actors and groups can become “insiders” and “outsiders,” each
extending their disaster response according to their goals and normative frame-
works. A study by Espia and Fernanadez (2015) on government and NGO response
to the Guimaras oil spill in the Philippines in 2014, for instance, revealed that in the
absence of formal rules, the NGOs tended to counteract and compete with the local
government’s designed response framework, thus reaffirming their outsider status in
the rehabilitation process. The so-called entrepreneurial brokers can also emerge in
a post-disaster setting and play a major role in governance networks of the PDR
projects. These brokers can play as “middlemen” or intermediaries of the various
network ties to mobilize the coordination system during post-disaster recovery
2.5 The Normative Pluralist Approach 37

(Saban, 2015). The “corrupt” and illegal practices by some international and local
disaster groups that were allowed or were contracted by the government in housing
and resettlement projects in the spirit of what Klein (2008) calls “disaster capital-
ism” indicate that PDR is an arena of contestations and consisting of conflicting
normative forces.

2.6 Legal Pluralism and the Social Normative System

“Scholarly assumptions about the state as a unitary actor and as a homogeneous,

monolithic unit and about state centricity as the foundation of international politics
have gradually crumbled in favor of more multicentric views of the world” (Newell,
Pattberg, & Schoeder, 2012, pp. 368–369). The monist approach to the state’s legal

F
system has been debunked by legal pluralism. The idea of “legal pluralism” emerged

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in the early 1970s as a counterbalance to the the-dominant notion of “legal cen-
tralism,” according to which law is and should be the law of the state, uniform for all

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persons, exclusive of all other law, and administered by a single set of state insti-
tutions. In lieu of such state-centric and monolithic conceptions of law, advocates of
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legal pluralism claimed that law is not a single system necessarily linked to the state
as a unified entity, but rather a complex of overlapping systems or normative orders”
(Sartori & Shahar, 2012, p. 638). The state’s legal system determines whether
governance is multiple and does not operate in a unified manner.
The normative pluralist approach does not only see a pluralism of laws but also
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of informal norms in the social order. It sees legal pluralism as one of the species of
the greater normative pluralism in society. It views the social structure as one
system of interacting, conflicting, and intertwining legal and social normative
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systems. The social realm consists of a plurality of interacting, overlapping, active

regulatory systems of every kind from religious systems, to corporations, to sports
leagues, to the family. The normative-system relationships between the official legal
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system and the social normative system are “various and complex, sometimes
conflicting, sometimes complementary, sometimes benign, sometimes cautious
engagement, sometimes ships passing in the night. People can invoke these
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coexisting systems in various ways for various instrumental and normative reasons,
regularly and deliberately pitting one system against another. The official legal
realm affects and is affected by the multiple regulatory orders in the social realm;
the regulatory orders in the social realm affect and are affected by the official legal
realm” (Tamanaha, 2008, p. 90).
When applied to disaster management, normative pluralism views disaster
behavior of various actors and groups in response to a massive disaster as ema-
nating from different normative or regulatory regimes, some of which may be
formed after the disaster (Schneider, 1992). Thus, significant incoherence and
incongruity of interpretation and action in implementing PDR projects can lead to
more negative unintended consequences and deviations that can ultimately affect
38 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

the success and failure of PDR projects. Outside the official legal system is the
social realm of intercourse and regulation. This domain consists of socially created
and coordinated regulatory systems produced by individuals acting on shared ideas
and beliefs with particular projects in specific contexts. They have effects, conse-
quences, and implications of all kinds for official state legal systems as well as for
the social arena generally. In disaster settings, a multiplicity of actors and gover-
nance regimes operate in diverse and overlapping spheres of authority and nor-
mative systems (Newell, Pattberg, & Schoeder, 2012, pp. 368–369).
As society becomes more urbanized, disaster effects become more large scale.
With the growing magnitude of disaster effects, disaster response becomes more
complex, which requires a large-scale infrastructure beyond the capacities of vic-
tims to mobilize themselves or within the community. Consequently, disaster
response, which used to be simple and limited to small territories, has become
massive and complicated due to environmental destruction caused by intensifying

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urbanization and industrialization, particularly in Asia (Douglass, 2013). The net-

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work of actors and organizations involved in rehabilitation becomes complex and
includes (1) public actors such government and civil society organizations, (2) in-

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ternational and regional environmental-governance arrangements, (3) public–pri-
vate partnerships such as alliances between the government and NGOs,
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transgovernmental and transnational networks, and partnerships, and (4) private
actors (Newell, Pattberg, & Schoeder, 2012). Each kind of actors can have its own
set of social networks and normative orientations set in a multi-level arrangement.
A disaster response within a more cohesive legal order can more likely achieve its
intended goals compared with a disaster situation where the legal orders are complex or
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full of gaps with the absence of a strong and centralized post-disaster law-enforcement
system. In the latter case, the social normative orders, with their informal regulation
and enforcement systems, are more likely to create negative unintended consequences
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that can shape the final response of PDR projects. Public and private organizations—
as well as informal groups, power cliques, foreign and local donors, NGOs, POs, and
other groups—tend to have their own established formal and informal rules of
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engagement within their own PDR domains. When they participate in common PDR
projects, their normative orientations often clash with each other. This conflict can
also be seen among public organizations. Different government agencies must operate
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at cross-purposes to achieve the overall PDR goals; conflict and inconsistencies within
and between relevant agencies can occur, which eventually hamper law enforcement.

2.7 Regulation in High-Context Cultures

and PDR Housing

The regulatory normative system, more specifically the non-legal cultural regula-
tory system, can be crucial to the success of PDR projects in high-context cultures.
Sociologists and anthropologists have started to examine the latent and informal
2.7 Regulation in High-Context Cultures and PDR Housing 39

communication and other cultural dimensions of contracting. Edward T. Hall dis-

tinguishes low-context from high-context cultures. In high-context cultures, many
things are left unsaid and require cultural context to illuminate the meaning. North
America and Western Europe are regarded as low-context cultures, which value
logic, facts, and directness, whereas high context cultures in Asia, Middle East,
Africa, and South America are relational, collectivist, intuitive, and contemplative
emphasizing interpersonal relationships (Hall, 1976). Hooker (2003) divides cul-
tures into rule-based and relationship-based and assumes a continuum between
different cultures that results from multiple combinations of features of both types
of cultures (Hooker in Nystén-Haarala, Bogdanova, Kondakov, & Makarova, 2015,
pp. 113–114). The Global North, with its low-context cultures, follows predomi-
nantly a rule-based normative order, thus putting more emphasis on legal and
formal regulation in pursuing PDR projects. But the Global South, with its
high-context cultures, primarily implements a relational and personalistic approach

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to contractual relations in PDR projects.

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The existence of multiple relationship–based normative orders vis-à-vis the
state’s legal system in high-context cultures, such those in Southeast Asian coun-

O
tries, poses serious problems in regulating and implementing PDR housing projects.
Regulation determines access and use of resources for PDR projects. This can be
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formal or informal as well as legal or social. The formal and legal regulations are
provided by the state and its bureaucratic apparatuses. However, the informal and
nonlegal regulations that intertwine with legal regulation can be determined by the
social and cultural normative standards of social groups in society. The official legal
realm affects and is affected by the multiple regulatory orders in the social realm;
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the regulatory orders in the social realm affect and are affected by the official legal
realm (Tamanaha, 2008). The official legal system interacts with the social realm of
intercourse and regulation. And this social realm is full of a plurality of interacting,
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overlapping, active regulatory systems of every kind from religious systems, to

corporations, to sports leagues, to the family. “Like the official legal system, these
are socially created and coordinated regulatory systems produced by individuals
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acting upon shared ideas and beliefs, with particular projects in specific contexts.
They have effects and consequences and implications of all kinds for official state
legal systems, as well as for the social arena generally” (Tamanaha, 2008). When
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formal regulatory mechanisms are weak or ineffective, communities seek other

informal regulations to translate their preferences into reality. When formal regu-
lation leaves a considerable gap between the actual performance and what people
locally prefer, the informal normative orders, or what some scholars call “practical
norms,” take the stage, so to speak, to informally regulate areas that are not legally
regulated. This influence of social-regulatory systems can breed many negative
unintended effects when implementing PDR projects.
In an ineffective formal regulation regarding the access of disaster victims to
government housing, informal regulations of various agencies involved in the
housing project can control such access. This informal regulation that governs
access to a public housing project for disaster victims is determined by heteroge-
nous informal normative orders. Therefore, the regulation that governs the
40 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

availability of post-disaster housing to beneficiaries is an interplay of formal and

informal regulations that are highly unfavorable to the most vulnerable group of
disaster victims.

2.8 Red Tape, Corruption, and PDR in Southeast Asia

Aside from the informal and social normative systems, red tape and rigid bureaucratic
regulation can also be crucial for the success or failure of PDR projects in disaster-prone
countries of Southeast Asia. Some countries with high juridical legal pluralism in
Southeast Asian countries are also countries with high red-tape and corruption indices.
Indonesia and the Philippines, for instance, are frequently ranked high in corruption
index by Transparency International (TI) and listed low by the yearly surveys of

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the World Bank on the ease of the doing-business due to bureaucratic burdens and rigid

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business regulation. Interestingly, these countries are disaster-prone and have serious
problems in post-disaster recovery programs, especially concerning the construction of
resettlement and emergency-shelter projects. Cultural and “practical” relational norms
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tend to sidestep the rule-based ideals of government-initiated PDR housing projects.
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The normative landscape in the Global South, particularly in the collectivist cultures
of countries under Association of Southeast Asian Nations (ASEAN) countries, tend to
be more personalistic, informal, in–group oriented, and pluralist in normative sys-
tems compared with the individualist and rights-based orientation of contracting in the
Global North. This pluralist legal and cultural normative system can breed red tape and
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corruption, which can deviate PDR goals in large-scale reconstruction projects. The term
“red tape” refers to “the rules, regulations, and procedures that entail a compliance burden
but do not achieve the functional objectives of the organization” (Bozeman, 1993). To
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minimize red tape in an environment of legal pluralism, there must be a high degree of
trust between rule-producers and subjects of the rule. In some cases, those producing new
and extensive rules and regulations are in a dynamic relationship with those complying
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with the rules and regulations, such that the compliance level may depend on particular
specifications of the rules and more on the degree of trust and the recent history between
producers of rules and those affected by them (Dirks & Ferrin, 2001). In many cases of
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post-disaster recovery projects in developing countries such as the Philippines, the rules
and regulations for low-cost housing and relocation are already in place, but they do not
necessary address the PDR concerns of disaster victims. Thus, the disaster victims must
comply with numerous pre-existing and unnecessary legal and bureaucratic requirements
that delay their recovery and resettlement. In this case, these obligations and procedures
constitute red tape and additional burdens to disaster victims. To avoid red tape and
create short-cuts in these tedious legal and bureaucratic procedures and to expedite the
PDR resettlement process, corruption occurs. In a high-context and collective culture
where legal pluralism and red tape dominate government regulatory system, the informal
and cultural norms can create procedural short-cuts colonize the rule-based PDR process
of the post-disaster housing projects of the state.
2.9 The Philippine Case 41

2.9 The Philippine Case

It has been observed that the dominant response and action on disaster management
in Southeast Asia had been on post-disaster activities and particularly on emergency
response” (Bildan, 2003; Jegillos, 2003). Of the 10 countries in the world most
imperiled by climate change (in terms of the number of people likely to be affected),
4 are in Southeast Asia: Vietnam, Indonesia, Thailand, and the Philippines (Elliot,
2012, p. 40). The Philippines is one of the most disaster-prone Southeast Asian
countries. Approximately 70% of its disasters are due to hydro-meteorological
phenomena such as typhoons and flooding. Typhoon Ketsana, which hit the
Philippines in 2009, showed differential vulnerabilities of the population. The most
vulnerable regions and communities in the country are those that are highly exposed
to the changes expected in the climate and have limited adaptive capacity. The

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Philippines has limited economic resources, low levels of technology, poor infor-
mation and skills, poor infrastructure, unstable or weak institutions, and inequitable

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empowerment and access to resources have little capacity to adapt and thus is
highly vulnerable to disasters (IPCC, 2001) (Penalba, Elazegui, Pulhin, & Cruz,

O
2012, p. 310). Disaster victims in the Philippines are usually the urban poor who are
totally dependent on social services. These people are usually less able to respond
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effectively to disasters (Cutter, Boruff, & Shirley, 2003; Morrow, 1999; See &
Porio, 2015). The socially and economically marginalized population are mostly
ignored during disaster recovery.
Aside from being vulnerable to climate change and disasters, the Philippines is
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also known for legal pluralism and bureaucratic burdens in real-estate business.
Establishing a post-disaster housing and relocation program for disaster victims,
such the flood victims of Typhoon Ketsana, requires compliance with the multiple
legal and bureaucratic requirements. The rigid regulatory requirements attending
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housing and land development contribute significantly to greater costs and

increased inaccessibility of low-cost housing. Due to the different permits, clear-
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ances, licenses, and procedures that must be obtained from various agencies other
than that of housing, completion of these requirements often takes 2.5–3 years
(Valte, 2002). Red tape and corruption often dominate the low-cost housing system
that assists homeless disaster victims in the country. To circumvent the tedious
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process of securing permits and registrations, real-estate developers and contractors

often provide bribe money to some unscrupulous government bureaucrats to speed
up real-estate transactions. This “hidden cost” of corruption is ultimately passed on
to end-users in the form of high-priced and/or sub-standard housing products”
(Valte, 2002). To government-accredited contractors and developers, post-disaster
housing, just like any other low-cost housing in the government, is a huge business
enterprise. The extra costs they incur in securing the necessary permits, licenses,
and other bureaucratic requirements due to corruption are passed on to the gov-
ernment financing institutions, which are obliged under a joint venture agreement to
purchase their housing units. Ultimately, the homeless typhoon victims will
42 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

eventually become recipients of the developer’s poorly constructed houses in the

government’s disaster-prone relocation sites.
Finally, access of the economically disenfranchised disaster victims to housing pro-
jects usually requires political patronage or sponsorship of politicians. The rigid formal
regulation that needs multiple requirements for housing applications implies more suf-
fering for disaster victims. It requires sponsorship from politicians and government
officials from different public agencies who can facilitate the approval of their housing
applications. The informal regulation based on cultural norms further increases the dif-
ficulty of the disaster victims to own their own houses in relocation areas. In this case, the
popular informal normative systems, which are based on some dominant Filipino values
—also known in Philippine politics such as palakasan (patronage), utang-na-loob (
debt-of-gratitude), pakikisama (comradeship), and the Padrino (patronage) system.
These cultural values tend to dominate the official normative system to overcome red
tape, rigidity in housing regulation, and bureaucratic corruption. This dominance of

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informal cultural norms can eventually lead to negative unintended effects to resettlement

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and housing projects and sidelining of the government’s rule-based PDR goals as
articulated in the country’s primary disaster-management legislation, i.e., the Philippine

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Disaster Risk Reduction Management Act of 2010 (PDRRMA).
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2.9.1 Super Typhoons and Damaged Houses
in the Philippines
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Owing to a greater demand in the market, the backlog for Philippine housing currently
stands at 5.5 million. Industry players said that this might even increase through 2030 if
the demand for socialized houses or mass houses is not addressed by the government
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and private sector. Socialized housing under the Urban Development and Housing Act
of 1992 (UDHA) involves houses and lots or home lots only developed by the gov-
ernment or private sector for underprivileged and homeless citizens.1
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One of the major cause of this backlog is the partial and total destruction of
houses, especially those of the urban poor, by destructive typhoons and other forms
of disasters that usually hit the country every year. The Philippines is the third most
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disaster-prone country in the world with 50.3% of its total 300,000 km2 area (across
7107 islands) susceptible to disasters. Approximately 81% of the population is
vulnerable to hazards and disaster risks ranging from landslides, storms (and
typhoons), floods, storm surges, earthquakes, tsunamis, droughts, and volcano
eruptions. During the last decade, the country has been hit by major disasters that
rendered thousands of families homeless (Environmental Science for Social
Change, 2014, p. 6). In all of these super typhoons, the poor were usually the most

1
“Philippine housing backlog is 5.5 M SHDA targets to build a million units by 2016”. Retrieved
from http://www.philstar.com/cebu-business/2015/07/13/1476445/philippine-housing-backlog-5.
5m-shda-targets-build-million-units.
2.9 The Philippine Case 43

affected group and rendered homeless by the disaster event. In urban areas, the poor
who concentrate in informal settlements at high-risk areas, such as floodplains, were
the most vulnerable to flooding and home damage. Similarly, in rural areas, it is the
poorest who end up living in dangerous areas, such as river embankments, that
received most of the effects of these super typhoons (World Bank, 2009).
Typhoon Ketsana is the first super typhoon in recent memory that strongly hit
the Philippines and destroyed thousands of houses (185,004). Tropical Storm
Ketsana, a category I storm, (locally known as Typhoon Ondoy) hit the Philippines
on September 26, 2009. It brought an unusually high volume of rain, which
inundated the central part of Luzon. During the 12-hour period of the storm on
September 26, the rainfall was recorded as approximately 450 mm, considered an
extremely rare occurrence. Thus, it caused extensive flooding in the Metro Manila
area and the neighboring Rizal province including the cities of Antipolo, Makati,
Malabon, Marikina, Muntinlupa, Pasig, Quezon, San Juan, Taguig, and Valenzuela

F
(World Bank, 2009, p. ix). The National Disaster Risk Reduction Management

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Council (NDRRMC), the government’s national-disaster agency, estimated the total
damage of Ketsana at PHP 10.9 billion. Most of the homeless victims were
assigned to different government resettlement areas.
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Ketsana was not the only super typhoon that hit the Philippines and damaged
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thousands of homes in the current decade. As listed in Table 2.1, six more super
typhoons followed Ketsana after September 2009: Parma (Pepeng), Megi (Juan)
Nesat (Pedring), Washi (Sendong), Bopha (Pablo), and Haiyan (Yolanda). Tropical
Storm Ketsana was quickly followed by another super typhoon named Tropical
Storm Parma (locally known as Pepeng), a category III storm that affected the
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Philippines during October 3–9, 2009, following an irregular path that crossed over
Central and Northern Luzon three times. It initially brought powerful winds with
gusts of 230 km/h in an extended period of heavy rains with cumulative rainfall
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amounts exceeding 1000 mm in some areas (World Bank, 2009). As listed in

Table 2.1, super typhoon Parma resulted in an estimated total damage of PHP 27.2
billion and 61, 869 destroyed homes.
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Super Typhoon Megi followed Ketsana and struck the Philippines from October
16–18, 2010. Megi (locally known as Juan) made landfall in the northern provinces,
namely, Cagayan, Isabela, Kalinga, Mt. Province, and Ifugao. As Megi continued to
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pummel on these provinces with strong winds and rain, roads and bridges were
damaged and left impassable. Families were relocated to safer grounds for fear of
landslides and flooding. Megi carried maximum sustained winds of 225 kph.2
The NDRRMC estimated the total damage of Megi at PHP 12.0 billion, which is a
lower figure compared with Ketsana and Parma. However, the number of damaged
homes was 148,222, which is a much greater figure than that for Parma (61,869)
and a little lower compared with that for Ketsana (185,004).

2
“Typhoon Megi hits northern Philippines: Assessment in Cagayan and Isabela underway.” Retrieved
http://www.worldvision.org.ph/news/typhoon-megi-hits-northern-philippines-assessment-cagayan-
and-isabela-underway.
44 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

Table 2.1 Super typhoons from 2009 to 2016 and their estimated total number of partially and
completely damaged houses
Name Date Total loss Damaged houses
Totally Partially Total number
Ketsana (Ondoy) September 26, 2009 PHP 10.9 Billion 30,082 154,922 185,004a
Parma (Pepeng) October 3–9, 2009 PHP 27.2 Billion 6807 55,062 61,869b
Megi (Juan) October 16–18, 2010 PHP 12.0 Billion 30,048 118,174 148,222c
Nesat (Pedring) September 17, 2011 PHP 15.4 Billion 6852 42,638 49,490d
Washi (Sendong) December 15, 2011 PHP2.0 Billion 13,585 37,559 51,144e
Bopha (Pablo) December 4, 2012 PHP 43. 2 Billion 89,666 127,151 216,817f
Haiyan (Yolanda) November 7–9, 2013 PHP 93.0 Billion 518,878 493,912 1,012,790g
Haima (Lawin) October 19, 2016 PHP 3.7 Billion 13,964 76,071 90,035h
a
NDRRMC Update 24–27 September 2009. Retrieved from http://www.ndrrmc.gov.ph/attachments/article/1543/
Update_Final_Report_TS_Ondoy_and_Pepeng_24-27SEP2009and30SEP-20OCT2009.pdf
b
NDRRMC Update 24-27 September 2009. Retrieved from http://www.ndrrmc.gov.ph/attachments/article/1543/

F
Update_Final_Report_TS_Ondoy_and_Pepeng_24-27SEP2009and30SEP-20OCT2009.pdf
c
NDRRMC Update 30 October 2010. Retrieved from http://www.ndrrmc.gov.ph/attachments/article/1554/SitRep_No_

O
28_Typhoon_Juan_Issued_On_30OCT2010.pdf
d
NDRRMC Update. Retrieved from http://reliefweb.int/sites/reliefweb.int/files/resources/NDRRMC%20Update%

O
20SitRep%20No%2021%20re%20Effects%20of%20TY%20PEDRING%205%20Oct%202011%206%20AM.pdf
NDRRMC Update 25 October 2016. Retrieved from http://www.ndrrmc.gov.ph/attachments/article/1347/Final_
Report_on_the_Effects_and_Emergency_Management_re_Tropical_Storm_SENDONG_(WASHI)_Status_of_Early_
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Recovery_Programs_in_Region_X_issued_10FEB2014.pdf
f
NDRRMC Update 25 December 2012. Retrieved from http://www.ndrrmc.gov.ph/attachments/article/1344/Effects_
of_Typhoon_PABLO_(Bopha)_Situational_Report_No_38_as_of_25DEC2012_0600H.pdf
g
Computed from Rappler’s estimate on totally and partially damaged houses. “In Numbers: 2 Years after Yolanda”.
Retrieved from http://www.rappler.com/newsbreak/iq/111828-in-numbers-years-after-typhoon-yolanda
h
NDRRMC Update 25 October 2016. Retrieved from http://ndrrmc.gov.ph/attachments/article/2946/Sitrep_No_09_re_
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Preparedness_Measures_and_Effects_of_Super_Typhoon_LAWIN_(HAIMA)_as_of_25OCT2016_0800H.pdf

Almost a year after, another super typhoon, Tropical Storm Nesat (locally called
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Pedring) hit the Philippines with a total damage of PHP 15.4 billion in infrastructure,
property, and agriculture and a total number of 49,490 damaged houses: 6852 were
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totally damaged, and 42,638 were partially destroyed (Cf. Table 2.1). Nesat displaced
204,376 individuals due to the massive floods caused by the torrential rain, particu-
larly in Northern and Central Luzon. A total of 13,629 families/64,431 persons (from
11,322 families/53,747 persons) were affected in 153 barangays, 25 municipalities
R

and 10 cities in the 9 provinces of Regions I, II, III, IV-A, and V, and NCR.3
In a span of just 3 months, Super Typhoon Nesat was followed by Tropical
Storm Washi (locally known as Sendong). Although Washi had the lowest esti-
mated total damage, PHP 2 billion, compared with other super typhoons from 2009
to 2016 (see Table 2.1), it is nonetheless considered the deadliest super typhoon to
hit the Philippines in 2011. The storm, which struck Northern Mindanao, the
Visayas, and Palawan, killed at least 957 people. National Disaster Risk Reduction
and Management Council (NDRRMC) Director Benito Ramos said they had lost

3
Official Gazette (2011) “Briefer on Typhoon Pedring, September 27, 2011. Retrieved from http://
www.gov.ph/2011/09/27/briefer-on-typhoon-pedring-september-27-2011/.
2.9 The Philippine Case 45

count of the number of people who have gone missing after the flashfloods spawned
by the storm.4 The total number of damaged houses was 51,144: 13,585 were
totally damaged, and 37,559 were partially destroyed.
After a year, the deadly Super Typhoon Bopha (locally known as Pablo) struck
the Southern part of the Philippines. Bopha made landfall in Mindanao on
December 4, 2012, and is considered one of the worst typhoons to hit the island. It
caused massive flooding and landslides and killed many people living in the pro-
vinces of Davao Oriental and Compostela Valley. Judging from its total damage
and destruction, Bopha could have been the strongest super typhoon to hit the
country recently until Super Typhoon Haiyan (Yolanda) came in 2016.5 Except for
Haiyan, Table 2.1 shows that Bopha surpassed other super typhoons from 2009 to
2013 in terms of total damage and number of homes destroyed. The NDRRMC
reported that Bopha caused PHP 43.2 billion in total damage of agriculture,
infrastructure, and property in Mindanao and damaged 216,817 homes.

F
Finally, Table 2.1 showed that the recent Typhoon Haiyan (Yolanda), which passed

O
through the islands of Leyte and Samar on November 8, 2013, is thus far the strongest
typhoon that hit the Philippines in the recent decade. It destroyed an estimated total of

O
1,012,790 homes: 550,928 houses were completely destroyed, and 589,404 additional
homes were partially destroyed (Environmental Science for Social Change, 2014, p. 6).
This category 5 typhoon made its first landfall over Guiuan, Eastern Samar, in the early
PR
morning of November 8, 2013, and wreaked havoc, primarily on the Visayas region,
until its exit from the Philippine area of responsibility the next day. It had wind speeds
exceeding 185 kph when it made landfall. Its strong winds ripped roofs off of thou-
sands of homes and knocked down shanties, trees, power and telephone lines, and cell
ED

towers. Storm surge waves reached as high as 6–9 meters (equivalent in height to a
two-storey building), claimed thousands of lives, and destroyed millions worth of
properties (Commission on Audit, 2014, p. 4). The scale of the destruction of homes by
IS

Haiyan forced housing to the forefront of the national agenda and forced the govern-
ment as well as private local and international disaster organizations to rethink their
post-disaster recovery programs, particularly those on post-disaster housing.
EV

2.9.2 Post-disaster Housing in the Philippines

R

It is established within the disaster-management literature that post-disaster housing

is a complicated process and requires a near-impossible balancing act to satisfy all
parties involved (Daly & Brassard, 2011). Large-scale disasters usually involve mul-
tiple organizations and agencies having the capacity to coordinate their efforts to
manage disasters (Drabek, 1986; Drabek & McEntire, 2003; Quarantelli, 2000) with

4
Malig, J. (20 Dec 2011). Sendong' world’s deadliest storm for 2011. Retrieved from http://news.
abs-cbn.com/nation/12/19/11/sendong-worlds-deadliest-storm-2011.
5
Santos, R. (4 Dec 2013). “TIMELINE: Looking back at 2012s Typhoon Pablo (Bopha).”
Retrieved from http://www.rappler.com/rich-media/45191-timeline-typhoon-pablo-bopha-2012.
46 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

each organization or agency having its own mandate, pre-existing social networks, and
discretionary powers as to when and how it coordinates with another agency. Creating
a coherent and comprehensive approach to post-disaster recovery and reconstruction
after a major large-scale disaster has always been a challenge to disaster managers.
Although some international conventions and laws exist on how countries deal
with post-disaster recovery, gaps in international and local legislation and law
enforcement do exist, thus allowing the normative orders of those who participated
in the planning and implementation of PDR programs to intervene and reshape the
outcome of the intended reconstruction goals. In the international arena, there is a
growing lack of legislation that governs international relief operation and donation
for reconstruction. With the growing number of disasters worldwide occurring
every year due to climate change, the unprecedented increase in humanitarian aid
for reconstruction, particularly for post-disaster housing, is expected to increase
tremendously. Because donor countries do not usually channel their donations to

F
affected country bilaterally, it is expected that non-governmental organizations

O
(NGOs) would receive the bulk of aid for reconstruction purposes. The volunteer
organization or NGO normally disburses the funds in accordance with the orga-

O
nization’s goals and the donor’s intention. In the Philippines, some NGOs often
participate in post-disaster in housing projects of the government but primarily
PR
operate within the normative mandate of their donors and organizations.
The Philippines has no comprehensive and coherent system concerning
post-disaster housing and relocation for disaster victims of major natural calamities.
“Although the country experienced a major disaster after another in the last decade,
the strategies on post-disaster housing response continues on a disaster-event basis.
ED

In the absence of a comprehensive law on post-disaster management, “the national

government and local government units have yet to standardize a clear strategy that
lays down basic coordination and clear definition of roles among the national
IS

government agencies involved in post-disaster housing responses, for an efficient

and integrated response…” (Environmental Science for Social Change, 2014, p. 5).
“Post-disaster housing reconstruction is presently undertaken through the resettle-
EV

ment program led by the National Housing Authority (NHA), the core/modified
shelter assistance program (C/MSAP) of the Department of Social Welfare and
Development (DSWD), and the community mortgage program (CMP) of the Social
R

Housing and Finance Corporation (SHFC)” (Miclat & Annawi, 2014). International
and local as well as public and private donors also participate in a variety of ways in
providing temporary and permanent shelters to disaster victims. With the absence of
a comprehesive PDR legislation and one-stop post-disaster management agency
that takes care of the housing needs of disaster victims, numerous deviations and
negative consequences can be expected in Philippine PDR housing and resettlement.

2.10 Summary

This chapter showed that despite the advancement in theorizing and methodology in
the study of disaster, the sociological perspective remains marginalized in disaster
research as well as in sociology of disasters and the social sciences. It also showed
2.10 Summary 47

that the focus of the mainstream sociology of disasters of seeing disaster events as
systems, rather than an arena of conflict, has sidelined examination of the social
structure and normative pluralism in disaster situations, specifically in evaluating the
unintended effects of multiple legal and social normative systems surrounding the
implementation of PDR projects. Thus, the normative pluralist approach of
socio-legal studies and the sociology of law in evaluating the success or failure of
PDR projects is apparently missing in the sociology of disasters. Yet, most
disaster-prone countries in the world are found in some urbanizing countries of
Southeast Asia with high-context cultures, rigid business regulation, high red-tape
and corruption indices, and complex legal and social normative systems that lead to
more negative unintended effects in the enforcement of PDR projects such as
post-disaster housing. The Philippines—being a disaster-prone Southeast Asian
country with a high level of legal and normative pluralism, red tape, corruption,
rigidity in bureaucratic regulation, and personalism in contractual relations—presents

F
a unique case in assessing the success and failure of PDR housing. The normative

O
pluralist approach in the study of PDR process, which is rarely used in the sociology
of disasters, can present as an attractive analytical tool to assess the many failures and

O
negative unintended consequences of PDR housing projects in the Philippines.
PR
References

Adger, W. N. (1999). Social vulnerability to climate change and extremes in coastal Vietnam.
ED

World Development, 27(2), 249–269.

Adger, W. N. (2000). Social and Ecological Resilience: Are They Related?. Progress in Human
Geography, 24(3), 347–364. doi:10.1191/030913200701540465
Alexander, D. E. (2013a). Resilience and disaster risk reduction: An etymological journey. Natural
IS

Hazards and Earth System Science, 13, 2707–2716.

Alexander, D. E. (2013b) Resilience and disaster risk reduction: an etymological journey. Natural
Hazards and Earth System Sciences, 1, 1257–1284.
EV

Auf de Heide, E. (1989). Disaster response: Principles and preparation and coordination. St.
Louis, MO: The CV Mosby Company.
Bankoff, G., & Hilhorst, D. (2009). The politics of risk in the Philippines: comparing state and
NGO perceptions of disaster management. Disasters, 33, 686–704. doi:10.1111/j.1467-7717.
R

2009.01104.x
Bildan, L. (2003). Disaster management in southeast Asia: an overview. Pathumthani, Thailand:
Asian Disaster Preparedness Center.
Birkman, J. (ed.). (2006). Measuring Vulnerability to Natural Hazards: Towards Disaster Resilient
Societies. New York: United Nations University Press. xxvi + 524 pp. ISBN 9280811355.
Birkmann, J., & Ben W. (2006). Measuring the unmeasurable. UNU-EHS SOURCE, 5. Retrieved
February 23, 2014 (http://www.ihdp.unu.edu/file/get/3962.pdf)
Bodin, P. & Wiman, B. (2004). Resilience and Other Stability Concepts in Ecology: Notes on their
Origin, Validity, and Usefulness. The ESS Bulletin, 2(2).
Bolin, R. & Bolton, P. (1986). Race, Religion, and Ethnicity in Disaster Recovery, Monograph
#42, Program on Development and Behavior. Boulder: Institute of Behavioral Science.
University of Colorado.
Bonnano, G. A. (2004). Loss, trauma, and human resilience: Have we underestimated the human
capacity to thrive after extremely aversive events?. American Psychologist, 59(1), 20–28.
48 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

Bowen, J. R. (2005). Normative pluralism in Indonesia: Regions, religions, and ethnicities. In W.

Kymlicka & B. He (Eds.), Multiculturalism in Asia (pp. 152–169). Oxford University Press.
Bozeman, B. (1993). A theory of government “red tape”. Journal of Public Administration
Research and Theory, 3(3), 273–304.
Brassard, C., & Raffin, A. (2011). Resilience in post-disaster societies: From crisis to development.
Asian Journal of Social Science, 39(4), 417–424. Retrieved from http://www.jstor.org/stable/
43498806
Burton, I., & Kates, R. W. (Eds.). (1993). The environment as hazard. New York: Guildford.
Cardona, O. D. (1993). ‘Natural disasters, global change and sustainable: a strategy for reducing
effects’, III Meeting of the Scientific Advisory Council for the International Geophere-Biosphere
Programme, Forum on Earth System Research, ICSU, Ensenada, Baja, California, Mexico.
Coleman, J. (1990). Foundations of Social Theory, Belknap Press, Cambridge, MA.
Commission on Audit (2004). Overall Report on the Sectoral Performance Audit of the Housing
program of the Government. Commission on Audit Report No. 2004–02. https://coa.gov.
phindex.php/sectoral-performanceaudit/category/244-housing-program-of-the-government?
download=700:overall-report-ms-report-no-2004-02

F
Da Costa, K., & Pospieszna, P. (2015). The Relationship between human rights and disaster risk
reduction revisited: Bringing the legal perspective into the discussion. Journal of International

O
Humanitarian Legal Studies., 6(1), 64–86.
Crouch, E., & Wilson, R. (1982). Risk/benefit analysis. Cambridge: Ballinger.
Cutter, S. L., Boruff, B. J., & Shirley, W. L. (2003). Social vulnerability to environmental hazards.
Social Science Quarterly, 84, 242–261.
O
Cutter, S. (1996). Societal Responses to environment hazards. International Social Science
PR
Journal, 48(150).
Dahlberg, R. et al. (2015). Resilience in disaster research: three versions. Civil Engineering and
Environmental Systems, 32(1–2), 44–54.
Daly, P., & Barassard, C. (2011). Aid accountability and participatory approaches in post-disaster
housing reconstruction. Asian Journal of Social Science, 39(2011), 508–533.
ED

Deflem, M. (2012). Introduction: Disasters and hazards in socio-legal studies. In Deflem, M. (ed).
Disasters, Hazards, and Law. Bingley, UK: Emerald Group Publishing.
Dietz, T. M., Stern, P., & Rosa, E. (1993). Risk, technology, and society. In R. E. Dunlop & W.
Michelson (Eds.), Handbook of environmental sociology. Westport, CT: Greenwood Press.
Dirks, K. T., & Ferrin, D. L. (2001). The role of trust in organizational settings. Organization
IS

Science, 12, 450–467.

Douglass, M. (2013). The urban transition of environmental disasters in Asia. ARI Working Paper
2010. October 2013. Retrieved from https://ari.nus.edu.sg/Assets/Uploads/docs/wps/wps13_
EV

210.pdf
Douglas, M. & Wildavsky, A. (1982). Risk and Culture. Berkeley, CA: University of California
Press.
Downing, T. E., Olsthoorn, A. A., & Richard, S. J. T. (1999). Climate, change, and risk. London:
R

Routledge.
Drabek, T. E. (1986). Human Responses to Disaster: An Inventory of Sociological Findings. New
York: Springer-Verlag.
Drabek, T. E. (2004). Social Dimensions of Disaster, 2nd ed. Emmitsburg, Maryland: Emergency
Management Institute, Federal Emergency Management Agency.
Drabek, T. E. (2005). Sociology, disasters and emergency management: History, contributions,
and future agenda. Retrieved from https://training.fema.gov/emiweb/downloads/
drabeksociologydisastersandem.pdf
Drabek, T., & McEntire, D. (2003). Emergent phenomena and the sociology of disaster: Lessons,
trends, and opportunities from the research literature. Disaster Prevention and Management, 12
(2), 97–112. doi:10.1108/09653560310474214
Dynes, R. R. (1970). Organized Behavior in Disaster. Lexington, Mass.: D.C. Heath.
Elliot, L. (2012). ASEAN and environmental governance: Strategies of regionalism in southeast
Asia: Global environment. Politics, 12(3), 38–57.
References 49

Environmental Science for Social Change (2014). Rapid Assessment of the Performance of
Post-Disaster Housing Reconstruction Approaches: Submitted to the World Bank-Philippines
Office. 30 June 2014. http://essc.org.ph/content/wp-content/uploads/2014/10/ESSC-final-
report_30June-2014.pdf
Espia, J. P., & Fernandez, P. (2015). Insiders and outsiders: Local government and NGO
engagement in disaster response in Guimaras, Philippines. Disasters, 39(1), 51–68. doi:10.
1111/disa.12086
Fallahi, A. (2007). Lessons learned from the housing reconstruction following the Bam earthquake
in Iran. The Australian Journal of Emergency Management, 22(1), 26–35.
Farber, D. D. (2012). Introduction: Legal scholarship, the disaster cycle, and the Fukushima
accident. DUKE ENVTL. L. & POL’Y F, 23(1). Retrieved from http://scholarship.law.duke.edu/cgi/
viewcontent.cgi?article=1237&context=delpf
Fischer, H. W. (2003). The sociology of disaster: Definitions, research questions, & measurements
continuation of the discussion in a post-September 11 environment. International Journal of
Mass Emergencies and Disasters, 21(1), 91–107. Retrieved from http://www.ijmed.org/
articles/82/download/

F
Foster, J. (1997). Successful Coping, Adaptation and Resilience in the Elderly: An Interpretation
of Epidemiologic Data. Psychiatric Quarterly, 68(3), 189–219.

O
Freudenburg, W. R. (1986). Social impact assessment. Annual Review Sociology, 12, 451–478.
Fritz, C.E. & Marks, E. (1954). “The NORC Studies of Human Behavior in Disasters”. Journal of
Social Issues, 10, 26–41.

O
Gaillard, J. C. (2010). Vulnerability, capacity and resilience: Perspectives for climate and
development policy. Journal of International Development, 22(2), 218–232.
PR
Gambetta, D. (1988). ‘Can We Trust Trust?’, in D. Gambetta (ed.) Trust. Making and Breaking
Cooperative Relations, pp. 213–37. New York: Basil Blackwell.
Godschalk, D. R. (2003). Urban Hazard Mitigation: Creating Resilient Cities. Natural Hazards
Review, 4(3).
Gordon, J. (1978). Structures. Penguin Books, Harmondsworth, UK.
ED

Guba, E. G. (Ed.). (1990). The paradigm dialog. Newbury Park, CA: Sage.
Guba, E. G., & Lincoln, Y. S. (1994). Competing paradigms in qualitative research. In N.
K. Denzin & Y. S. Lincoln (Eds.), Handbook of qualitative research (pp. 105–117). Thousand
Oaks, CA: Sage.
Hall, E. T. (1976). Beyond culture. Garden City, NY: Doubleday.
IS

Hall, D., Hirsch, P., & Li, T. M. (2011). Powers of exclusion: Land dilemmas in southeast Asia.
Singapore: National University Singapore Press.
Hooker, J. (2003). Working across cultures. Stanford University Press.
EV

Hooks, J., & Miller, T. (2006). The continuing storm: How disaster recovery excludes those most
in need. California Western Law Review, 23(1). Article 4.
Hummell, B. M. de L., S. L. Cutter, & C. T. Emrich, (2016). “Social vulnerability to natural
hazards in Brazil”. International Journal of Disaster Risk Science, 7, 111–122.
R

Hussain, J. (2011). More than one law for all: Legal pluralism in southeast Asia. Democracy and
Society, 7(4), 374–389 (Legal Pluralism and Shari’a Law). http://dx.doi.org/10.1080/
17419166.2011.617621
Inglehart, R., & Welzel C. (2005). Modernization, cultural change and democracy: The human
development sequence. Cambridge, UK: Cambridge Unviersity Press.
Iversen, R. R., & Armstrong, A. (2008). Hurricane Katrina and New Orleans: What might a
sociological embeddedness perspective offer disaster research and planning?. Retrieved from
http://repository.upenn.edu/spp_papers/137
Jegillos, S. R. (2003). Fundamentals of disaster risk management: How are southeast Asian
countries addressing these?. Makati: International Institute of Disaster Risk Management.
Klein, R. J. T., Nicholls, R. J., & Thomalla, F. (2003). Resilience to natural hazards: How useful is
this concept?.Environmental Hazards, 5(1–2), 35–45. doi:10.1016/j.hazards.2004.02.001
Klein, N. (2008). The Shock Doctrine: The Rise of Disaster Capitalism. New York: Picador.
50 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

Kreps, G. A. (2001). Sociology of disasters. In N. Smelser, & Baltes, P. (Eds-in-chief)

Encyclopedia of the social and behavioral sciences (pp. 3718–3721). UK: Elsevier Ltd.
Kuhn, T. (1962). The structure of scientific revolutions. Chicago: University of Chicago Press.
Laska, S. (1989). Review of the book sociology of disasters: Contributions of sociology to disaster
research. In R. R. Dynes, et al. (Eds.),. Social forces (Vol. 68, pp. 338–339). September 1,
1989.
Levine C. (2004) The concept of vulnerability in disaster research. Journal of Traumatic
Stress [serial online], 17(5), 395–402. Available from: Psychology and Behavioral Sciences
Collection, Ipswich, MA. Accessed February 17, 2017.
Lindsey, T., & Steiner, K. (2012). Islam, law and the state in southeast Asia: Malaysia and Brunei:
Volume 3. Islam, law and the state in southeast Asia: Malaysia and Brunei: Volume 3, I.
B. Tauris, 2012. Available at SSRN: https://ssrn.com/abstract=2342509
Lockwood, D. (1956). Some remarks on “The Social System”. The British Journal of Sociology, 7
(2), 134–146.
Lowrance, W. (1976). Of acceptable risk; Science and the determination of safety. Los Altos:
William Kaufman.

F
Lyons, M. (2009). Building back better: The large-scale impact of small-scale approaches to
reconstruction. World Development, 37(2), 385–398.

O
Malalgod, C., Amaratunga, D., & Haigh, R. (2014). Challenges in creating a disaster resilient built
environment. Procedia Economics and Finance, 18, 736–744. In 4th International Conference
on Building Resilience, Building Resilience 2014, September 8–10, 2014, Salford Quays,

O
United kingdom. Available online at www.sciencedirect.com
Manyena, S. B. (2006). The concept of resilience revisited. Disasters, 30, 434–450. doi:10.1111/j.
PR
0361-3666.2006.00331.x
Manyena, S. B., O’Brien, G., O’Keefe, P., & Rose, J. (2011). Disaster resilience: A bounce back
or bounce forward ability? Local Environment, 16(5), 417–424.
Manyena, S. B. (2006). The concept of resilience revisited. Disasters, 30(4): 433–450. Disasters
Journal. Overseas Development Institute: London.
ED

Matyas, D., & Pelling, M. (2014). Positioning resilience for 2015: The role of resistance,
incremental adjustment and transformation in disaster risk management policy. Disasters, 39
(SI), S1–S18.
Matyas, D. & Pelling, M. (2015a). Adaptation and transformation. Climactic Change, 133(1),
113–127.
IS

Matyas, D., & Pelling, M. (2015b). Positioning resilience for 2015: The role of resistance,
incremental adjustment, and transformation in disaster risk management policy. Disasters, 39,
s1–s18. doi:10.1111/disa.12107
EV

McDermott, R. (2013). Compliance with normative frameworks in disaster management: a

comparative study of Indonesia and Ireland. Centre for Humanitarian Action, University of
College Dublin, Ireland. Retrieved November 6, 2014 from http://www.
humanitarianstudiesconference.org/fileadmin/user_upload/fe_users/ronanrua/wchs_paper315.
R

pdf
McEntire, D. (2001). Triggering agents, vulnerabilities and disaster reduction: towards a holistic
paradigm. Disaster Prevention and Management, 10(3), 189–196.
Mercer, J., Kelman, I., Suchet-Pearson, S., & Lloyd, K. (2009). Integrating indigenous and
scientific knowledge bases for disaster risk reduction in Papua New Guinea. Geografiska
Annaler. Series B, Human Geography, 91(2), 157–183. Retrieved from http://www.jstor.org/
stable/40205074
Miclat, S. & Annawi, D. (2014). A rapid review of post-disaster housing reconstruction
approaches. ESSC. http://essc.org.ph/content/a-rapid-review-of-post-disaster-housing-recon-
struction-approaches/
Mitchel, J. K. (1990). Human dimensions of environmental hazards: Complexity, disparity, and
the search for guidance. In A. Kirby (Ed.), Nothing to fear: Risks and hazards in American
Society (pp. 131–175). Tucson: University of Arizona Press.
References 51

Nasreen, M. (2004). Disaster research: Exploring sociological approach to disaster in Bangladesh.

Bangladesh e-Journal of Sociology, 1(2).
National Research Council. (1993). Issues in risk assessment. Washington, DC: National Academy
Press.
National Research Council (2006). 9 The present and future hazards and disaster research
workforce. In Facing hazards and disasters. Washington D.C.: The National Academies Press.
Newell, P., Pattberg, P., & Schroeder, H. (2012). Multiactor Governance and the Environment.
Annual Review of Environment and Resources, 37, 365–387.
Norris, F. H., et al. (2007). Community resilience as a metaphor, theory, set of capacities, and
strategy for disaster readiness. American Journal of Community Psychology, 2008(41), 127–
150. doi: 10.1007/s10464-007-9156-6
Nystén-Haarala, S., Bogdanova, E., Kondakov, A., & Makarova, O. (2015). The interplay of
flexibility and rigidity in Russian business contracting: The formal and informal framework in
contracting. Lapland Law Review, 2, 110–142 (special issue: Flexibility in contracting)
(Rovaniemi, Finland).
Palliyaguru, R., Amaratunga, D., & Baldry, D. (2014). Constructing a holistic approach to disaster

F
risk reduction: The significance of focusing on vulnerability reduction. Disasters, 38(1), 45–61.
doi:10.1111/disa.12031

O
Peek, L. A., & Mileti, D. S. (2002). The history and future of disaster research. In R. B. Bechtel &
A. Churchman (Eds.), Handbook of environmental psychology (pp. 511–524). New York:
Wiley.

O
Perry, R. W., & Mushkatel, A. H. (1986). Minority citizens in disasters. Athens: University of
Georgia Press.
PR
Peñalba, L. M., Elazegui, D. D., Pulhin, J. M., & Cruz, R. V. O. (2012). Social and institutional
dimensions of climate change adaptation. International Journal of Climate Change Strategies
and Management, 4(3), 308–322. doi:10.1108/17568691211248748
Prince, S. H. (1920). Catastrophe and social change, based upon a sociological study of the Halifax
disaster. Ph.D. Thesis. New York: Columbia University Department of Political Science.
ED

Quarantelli, E. L. (1966). Organization under stress. In Robert Brictson (Ed.) Symposium on

emergency operations (pp. 3–19). Santa Monica, California: System Development
Corporation.
Quarantelli, E. L. (1987). Disaster studies: An analysis of the social historical factors affecting the
development of research in the area. International Journal of Mass Emergencies and Disasters,
IS

5(3), 285–310.
Quarantelli, E. L. (1996) Emergent behaviors and groups in the crisis time of disasters. In Kian M.
Kwan (Ed.) Individuality and social control: Essays in honor of Tamotsu Shibutani (pp. 47–
EV

68). Greenwich, CT: JAI Press.

Quarantelli, E. L. (1997). Ten criteria for evaluating the management of community disasters.
Disasters: The Journal of Disaster Studies, Policy and Management, 21, 39–56.
Quarantelli, E. L. (2000). Disaster planning, emergency management, and civil protection: The
R

historical of organized efforts to plan for and to respond to disasters. Prelimary Paper #1.
University of Delaware, Disaster Research Center. http://dspace.udel.edu/bitstream/handle/
19716/673/PP301.pdf?sequence=1
Quarantelli, E. L. (2005). Catastrophes are different from disasters: Understanding Katrina. At
http://understandingkatrina.ssrc.org/quarantelli
Roosli, R., & O’Keefe, P. (2011). An evaluation of barriers to implementing disaster planning and
the housing program in Malaysia. Risk Management, 13(4), 209–227. Retrieved from http://
www.jstor.org/stable/41407074
Saban, L. I. (2015). Entrepreneurial brokers in disaster response network in Typhoon Haiyan in the
Philippines. Public Management Review, 17(10), 1496–1517. doi:10.1080/14719037.2014.
943271
Sartori, P., & Shahar, I. (2012). Legal pluralism in Muslim-majority colonies: Mapping the terrain.
Journal of the Economic and Social History of the Orient, 55(4/5), 637–663. doi:10.1163/
15685209-12341274
52 2 Sociology, Normative Pluralism, and Post-disaster Recovery …

Saunders, G. (2004). Dilemmas and challenges for the shelter sector: Lessons learned from the
sphere revision process. Disasters, 28(2), 160–175.
Schneider, S. (1992). Governmental response to disasters: The conflict between bureaucratic
procedures and emergent norms. Public Administration Review, 52, 135–145.
See, J., & Porio, E. (2015). Assessing social vulnerability to flooding in metro Manila using
principal component analysis. Philippine Sociological Review, 63, 53–80. Retrieved from
http://www.jstor.org/stable/24717187
Sonn, C., & Fisher, A. (1998). Sense of community: Community resilient responses to oppression
and change. Journal of Community Psychology, 26, 457–472.
Stallings, R. A. (1978). The structural patterns of four types of organizations in disaster. In E.
L. Quarantelli (Ed.) Disasters: Theory and Research (pp. 87–103). Beverly Hills, California:
Sage.
Tamanaha, B. (2008). A holistic vision of the socio-legal terrain. Law and Contemporary
Problems, 71(2), 89–97. Retrieved from http://www.jstor.org/stable/27592239
Tas, N., Cosgun, N., & Tas, M. (2007). A qualitative evaluation of the after earthquake permanent
housings in Turkey in terms of user satisfaction—Kocaeli, Gundogdu Permanent Housing

F
Model. Building and Environment, 42(9), 3418–3431.
Tierney, K. (2007). From the margins to the mainstream? Disaster research at the crossroads.

O
Annual Review of Sociology, 33, 503–525. Retrieved from http://www.jstor.org/stable/
29737773
Tierney, K. (2012). Disaster governance: Social, political, and economic dimensions. Annual

O
Review of Environment and Resources, 37, 341–363. doi:10.1146/annurev-environ-020911-
095618
PR
Tierney, K. J. (1999). Toward a critical sociology of risk. Sociological Forum, 14(2), 215–242.
Tobin, G. A. (1999). ‘Sustainability and community resilience: The Holy Grail of hazards
planning?’ Global Environmental Change Part B: Environmental Hazards, 1(1), 13–25.
Torry, W. I. (1979). Anthropological studies in hazardous environments: past trends and new
horizons. Current Anthropology, 20(3), 517–540 (2014), The concept of resilience to disasters,
ED

In Jonas Joerin, Rajib Shaw, Ramasamy R. Krishnamurthy (Ed.) Building Resilient Urban
Communities (Community, Environment and Disaster Risk Management, Vol. 15) Emerald
Group Publishing Limited, pp. 35–48.
UNISDR. (2004). Living with risk: A global review of disaster reduction initiatives. Inter-Agency
Secretariat of the United Nations International Strategy for Disaster Reduction, Geneva.
IS

Valte, M. (2002). Chapter 6: A house for every Filipino: A pipedream in the land of promises? In
Book: Philippine Governance Report: Case studies in the management of power. Quezon City:
United Nations Development Programme, Ateneo School of Government, and Ateneo Center
EV

for Social Policy and Public Affairs. Retrieved from http://www.ombudsman.gov.ph/UNDP4/

wp-content/uploads/2013/01/Chap6.pdf
Van Niekerk, D. (2012). Transdisciplinarity: The binding paradigm for disaster risk reduction.
Retrieved from https://dspace.nwu.ac.za/bitstream/handle/10394/8572/Van_Niekerk_D.pdf?
R

sequence=1
Weichselgartner, J. (2001). Disaster mitigation: The concept of vulnerability revisited. Disaster
Prevention and Management., 10(2), 85–94.
Wisner, B., Blaikie, P., Cannon, T., & Davis, I. (2004). At risk: Natural hazards, people’s
vulnerability, and disasters (2nd ed.). New York: Routledge.
World Bank. (2009). Philippines—Typhoons Ondoy and Pepeng: Post-disaster needs assessment,
Main report. http://siteresources.worldbank.org/INTPHILIPPINES/Resources/PDNAVol1Main
Report.pdf
Zinn, J. O. (2009). The sociology of risk and uncertainty: A response to Judith Green’s ‘Is it time
for the sociology of health to abandon “risk”?’. Health, Risk & Society, 11(6), 509–526. doi:10.
1080/13698570903329490
Zinn, J. O. & Taylor-Gooby, (2006). Risk as an interdisciplinary research area. In: Taylor-Gooby,
Peter und Jens O. Zinn (Ed.) Risk in Social Science (pp. 20–53). Oxford: Oxford University
Press.
Chapter 3
Typhoon Ketsana and Normative
Pluralism in the Philippine Post-disaster
Recovery System

Abstract This chapter explained the post-disaster recovery (PDR) process in the
Philippines under the Philippine Disaster Risk Reduction Act (PDRRMA) of 2010,
the country’s primary disaster-management law enacted by the Philippine legisla-

F
ture after the devastating Tropical Storm Ketsana (locally known as Typhoon

O
Ondoy) that left thousands of poor people homeless in 2009. Unlike the old
disaster-management law, PDRRMA does not only reorganize the country’s

O
disaster-management system but also adopt a more proactive and holistic stance to
disaster management by incorporating, for the first time, some legal provisions on
post-disaster recovery under the “build back better” (BBB) principle that requires
PR
adequate housing and relocation to disaster victims. However, this legal develop-
ment did not assure a rule-based implementation of the PDR of typhoon victims in
terms of housing and relocation. Using the sociological and normative pluralist
perspectives, this chapter argued that the broad and brief provisions of PDRRMA
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on PDR allowed the influence of the plurality of state laws and regulations, as well
as informal and cultural normative systems, to determine the outcome of the
Typhoon Ketsana victims’ PDR, resulting in more negative unintended effects that
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intensified the suffering of the disaster victims.

Keywords Typhoon Ketsana

Post-disaster recovery
Legal pluralism

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Normative pluralism Corruption Post-disaster housing
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3.1 Typhoon Ketsana and the Philippine PDR Legislation

One of the most destructive typhoons that ever hit the Philippines in 2009 is the
Tropical Storm (TS) Ketsana, locally known as Typhoon Ondoy. The country’s
National Disaster Coordinating Council (NDCC)1 reported that with TS Ketsana’s
enhanced monsoon rain pouring down more than a month’s rain in 6 hours,
widespread flooding occurred in almost all parts of Metro Manila and some parts of

1
The National Disaster Coordinating Council (NDCC) was renamed the “National Disaster Risk
Reduction Management Council” after the enactment of PDRRMA in 2010.

© Springer Nature Singapore Pte Ltd. 2017 53

V.O. Ballano, Law, Normative Pluralism, and Post-Disaster Recovery,
DOI 10.1007/978-981-10-5074-9_3
54 3 Typhoon Ketsana and Normative Pluralism …

Luzon, Visayas, and Mindanao, eventually affecting 4,901,234 persons in 786

barangay, killing 464 people, and leaving a damage of 11 billion pesos. TS
Ketsana, which hit the Philippines on September 26, 2009, was a different type of
storm. It brought an enhanced monsoon rain, which caused the most massive
flooding in the country in 40 years. It injured hundreds of people and destroyed an
estimated PHP 11 billion worth of infrastructure and farming. It also left thousands
of poor families residing in low-lying areas and danger zones homeless and waiting
for the urgent long-term post-disaster recovery (PDR) response from the govern-
ment in 2009.2
Realizing the government’s incapacity to address Ketsana’s unexpected damage
and reconstruction requirements, the Philippine legislature immediately amended its
old disaster law and enacted a more proactive statute to reorganize the govern-
ment’s disaster-management team from the national to the local government level,
mitigate disaster risks by introducing new response measures, and address the

F
post-disaster recovery needs of victims by applying the universal principle of “build

O
back better” (BBB).3 Thus, on May 29, 2010, the Fourteenth Philippine Congress
approved the Disaster Risk Reduction Management Act of 2010 or Republic Act

O
No. 10121 (PDDRMA), thus updating the old disaster-management law or
Presidential Decree (P.D.) No. 1566 of 1978, and changed its disaster-management
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approach from a reactive emergency and disaster response to proactive disaster
risk–reduction management and post-disaster recovery in compliance with inter-
national standards.4 Although its focus is on disaster-risk reduction, the PDRRMA
nevertheless addresses, for the first time, the issue of post-disaster management for
disaster victims.
ED
IS

2
See “Too Much Rain Too Soon” at http://newsinfo.inquirer.net/inquirerheadlines/nation/view/
20090927-227074/Too-much-rain-too-soon. The enhanced southwest monsoon brought by
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Typhoon Ondoy caused widespread flooding in almost all parts of Metro Manila Central and
Southern Luzon and some parts of Visayas and Mindanao. A total 993,227 families/4,901,234
persons were affected in 2018 barangays, 172 municipalities, and 16 cities of 26 provinces of
various regions in the Philippines: 464 dead, 529 injured, and 37 missing. The estimated cost of
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damage to infrastructure and agriculture amounted to PHP 11 Billion. See: National Disaster
Coordinating Council (NDRRC) Report at http://www.ndrrmc.gov.ph/attachments/article/92/
Narrative_Report_re_Tropical_Storm_Ondoy_%28.KETSANA%29_and_Typhoon_Pepeng_%28
PARMA%29_2009.pdf.
3
Before the enactment of the DRRM, the Philippines concurred to the adoption of the Hyogo
Framework for Action 2005–2015: Building the Resilience of Nations and Communities to
Disasters in January 2005. See: http://www.drr-law.org/resources/Philippines-Desk-Survey.pdf.
The slogan “Build Back Better” first emerged during the multi-national recovery effort after the
Indian Ocean Tsunami (Clinton, 2006; Lyons, 2009) as the need to improve current reconstruction
and recovery practices and generate safer communities emerged (Mannakkara & Wilkinson,
2014). Boano (2009), Khasalamwa (2009) and Ozcevik et al., (2009) proposed that “build back
better” in the post-disaster reconstruction phase must not only restore communities to their
pre-disaster states but also create safer, more sustainable and resilient communities.
4
http://www.drr-law.org/resources/Philippines-Desk-Survey.pdf.
3.2 The PDRRMA and Post-disaster Recovery 55

Fig. 3.1 Satellite image of

TS Ketsana (Ondoy) making
a landfall in the Philippines
last September 26, 2009.
Source http://weather.com.ph/
typhoon/climatology

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3.2 The PDRRMA and Post-disaster Recovery O
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The disaster-management cycle usually has four phases: mitigation, preparedness,
response, recovery, and mitigation (Rubin, 1991). And of these four phases,
recovery is the most poorly understood and implemented phase in disaster man-
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agement (Berke et al., 1993) as well as the least researched phase in disaster
management (Barton, 1969; Rubin, Saperstein, & Barbee, 1985; Schwab, 1998).
Recovery can be defined in different ways. However, it is generally understood as
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the long-term activities undertaken to recover from a disaster event in an attempt to

return the community to its pre-disaster norms (Joakim, 2008). The old Philippine
disaster-management law (P.D. 1978) was concerned with disaster preparedness
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and emergency response and not with disaster-risk reduction and PDR of disaster
victims. Thus, the passage of the PDRRMA was hailed by the Philippine gov-
ernment as a landmark legislation that transformed Philippine disaster management
R

from a reactive to a more proactive disaster-response system. This law is said to

have provided a holistic framework for safer adaptive and resilient Filipino com-
munities toward sustainable development through the four (4) interrelated thematic
areas of disaster management, namely, prevention and mitigation, preparedness,
response, and rehabilitation and recovery.5
Adopting some of the United Nation’s (UN) provisions on disaster management,
the PDRRMA included, for the first time, some legal norms on the long-term PDR

5
Philippine Statement (Delivered by Senator Loren Legarda on behalf of President Benigno
Aquino III). 3rd UN World Conference on Disaster Risk Reduction Sendai, Japan, March 15,
2015. http://www.senate.gov.ph/press_release/2015/0315_legarda3.asp.
56 3 Typhoon Ketsana and Normative Pluralism …

of disaster victims, albeit in a brief and broad manner.6 It defines PDR as the
“restoration and improvement, where appropriate, of facilities, livelihood and living
conditions of disaster-affected communities, including efforts to decrease disaster risk
factors, in accordance with the principles of ‘build back better’” (BBB) (Section 3,
[aa]). PDRRMA’s legal provisions demand that the PDR of disaster victims must
include adequate housing and relocation under the international principle of BBB.
Specifically, they require the government to “[p]rovide maximum care, assistance,
and services to individuals and families affected by the disaster, implement emer-
gency rehabilitation projects to lessen the impact of the disaster and facilitate the
resumption of normal social and economic activities” (Section 2, [p]).

3.3 PDRRMA’s PDR Standards

F
O
PDR may be understood in different terms. In its short term, as contemplated by the
PDRRMA, it implies that the government must restore the basic services and

O
provision of temporary housing to disaster victims in evacuation centers. In its long
term, it requires—according to the UN and international principles—that the
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government must provide adequate relocation and housing to disaster victims with
efforts to return the community to conditions that existed before an event or even
better, or ideally, to a condition that improves the social, economic, and natural
environments (Flatt & Stys, 2013).7 The PDR, as understood by the PDRRMA for
disaster victims, covers these two dimensions and requires the following basic
ED

components: respectable temporary evacuation for short-term PDR and adequate

housing and relocation for long-term PDR under the BBB principle. To the
homeless and poor Typhoon Ketsana victims, this recovery implies resettlement to
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a safe location with adequate housing, social services, and livelihood opportunities.
The right to adequate relocation and housing of disaster victims as defined by the
Office of the United Nations High Commissioner for Human Rights (OHCHR) and
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tacitly adopted by the PDRRMA does not only include “a house with four walls and
a roof” but also the occupants’ right to security of tenure to their housing units, the
R

6
United Nation Resolution No. 46/182, issued during the 78th plenary session on 19 December
1991, recognized the need for countries to adopt a framework for disaster reduction, mitigation,
and the prevention of and preparation for disaster risks. Countries adopted this resolution during
the World Conference on Disaster Reduction in Kobe, Hyogo, Japan, Countries in the Hyogo
Framework for Action on Disaster Mitigation. The members of the Association of Southeast Asian
Nations (ASEAN) also adopted this framework on 25 July 2005 by signing the Agreement on
Disaster Management and Emergency Response (AADMER) (Calde, 2013). The Philippines,
being a member of the ASEAN, passed two disaster laws to legislate this framework: the Climate
Change Act (Republic Act 9279) and the Disaster Risk Reduction Management Act (Republic Act
10121).
7
Although not understood within the context of disaster, Tercan (2001) defined relocation as
removal to another location due to the provision of land or housing either voluntarily or invol-
untarily (as cited in Imura & Shaw, 2009, p. 9).
3.3 PDRRMA’s PDR Standards 57

affordability and habitability of the homes, as well as the suitability of the housing
location, i.e., the resettlement must not be situated in polluted or dangerous areas or
be cut off from employment opportunities, health-care services, schools, childcare
centers, and other social facilities (Cf. OCHR, 2009, pp. 3–5).8

3.4 Normative Pluralism and the Philippine PDR System

Normative pluralism in PDR can refer to the multiple, overlapping, and plural
normative orders embracing formal and informal legal regimes, customs, and
practices in the formulation and implementation of PDR projects (Sheppard et al.,
2013). A normative order or normative control system can refer to a set of related
commands, injunctions—i.e., “dos and don’ts”—that stem from the same source of

F
a multitude of similar sources (Klabbers & Piiparinen, 2013). Normative pluralism

O
includes the multiplicity of laws, rules, regulations, and informal cultural norms in a
given social field. The effect of pluralism in normative orders that implement

O
complex PDR projects is often overlooked in the current research and literature on
post-disaster management research when assessing the failure or success of PDR
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housing projects, especially government projects, which are expected to be above
board and guided by the “rule of law” as mandated by the state’s administrative
code.
The quantity and quality of normative standards used by implementers behind a
project can also be considered crucial in determining the failure or success of a
ED

government’s PDR programs. The greater the number of state laws and regulations
and informal normative structure of the various agencies and organizations that
interpret and implement the official PDRRMA, the greater is the probability of
IS

polycentric enforcement of the PDR provisions. This situation can allow some
powerful interest groups to exploit the PDR system resulting in multiple negative
unintended consequences that are detrimental to the welfare of disaster victims. The
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Philippines has no unified legal system that deals directly with the rehabilitation of
disaster victims. The laws, rules, and regulations that implement PDRRMA’s PDR
programs are taken from various pre-existing non-disaster relocation and housing
R

legal systems of the government’s different national and local agencies and their
social networks.
Moreover, there is also no single government agency that directly handles the
PDR of disaster victims in the Philippines despite the insistence of disaster man-
agers on the necessity of a “one-stop shop” PDR agency for large-scale disasters to
lead the entire recovery process and to answer all issues related to recovery (ADB,
2015). Long-term PDRs in the Philippines require the participation of the different

8
The PDRRMA incorporated internationally accepted principles and guidelines of disaster-risk‒
reduction management, see: Rule 1, Section 3 (c) of the Implementing Rules of PDRRMA issued
by the National Disaster Coordinating Council (NDCC) at http://www.ndrrmc.gov.ph/attachments/
article/95/Implementing_Rules_and_Regulartion_RA_10121.pdf.
58 3 Typhoon Ketsana and Normative Pluralism …

public, private, and volunteer organizations and agencies, which are not necessarily
of similar political persuasion or acquainted with disaster management. Each
agency or organization has its own unique set of informal cultural normative
standards that interact with the multiple state laws, rules, and regulations to
implement the PDR project. These numerous and discordant relocation laws and
normative systems, as well as the decentralized post-disaster governance in the
Philippine bureaucracy, can largely lead to inadequacies or “failures” of the
long-term PDR resettlement project for disaster victims.
Aside from the multiplicity of laws and government agencies implementing PDR
projects, the quality of the cultural normative orders of the various participating
agencies, organizations, and groups that interpret and implement the project’s legal
normative order can be also crucial for the success or failure of a PDR program.
Socio-legal thought has emphasized that the formal legal normative order can no
longer claim automatic supremacy in the social order. Formal legal principles may

F
be altered, manipulated, elaborated, or ignored by the social actors who give them

O
life (Edelman and Suchman, 1997). Actors and groups can pick and choose which
code of conduct and normative structure to follow in a given situation. Thus, if

O
informal normative orders that implement the project are not aligned and supportive
of the official PDR goals under the PDRRMA, more negative effects can also be
PR
expected in the outcome of the project. Specifically, if some of the informal nor-
mative orders that support a PDR project are criminologic or “corrupt,” then the
result of the project would be significantly different from the intended goals.
A relocation developer, for instance, could lower the price of their new housing
units. But this price decrease can result in the use of substandard construction
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materials to recover the cost of bribes given to some unscrupulous public officials.
To some stakeholders, certain acts can be illegal in pursuing a project, but they
can nonetheless justifiable on the basis of some social norms or shared cultural
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practice (Klabbers & Piiparinen, 2013).9 In the Philippines, a low-cost housing and
relocation project is a multi-billion-peso business for private developers, contrac-
tors, suppliers, and their networks and greater corruptive opportunities for some
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corrupt public officers. To expedite government transactions and maximize business

profits, some project implementers resort to informal and corrupt practices facili-
tated by some shared Filipino normative values of pakikisama (group solidarity),
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lagay (bribe), tongpats (price padding), palakasan (patronage), and other cultural
instrumental values. Some resort to informal rules to short-cut the bureaucratic
requirements in housing-relocation projects, whereas others engage in direct and
indirect bribery (padulas) to expedite the procurement of permits, licenses, and
clearances.

9
Klabbers, J. and Piiparinen, T. (n.d.) Normative pluralism: An exploration. Available at: www.
disciplinas.stoa.usp.br.
3.4 Normative Pluralism and the Philippine PDR System 59

3.4.1 Pluralism in State Laws

In an attempt to understand the nature of law in society, two major groups of legal
scholars have emerged in legal history: the formalists and the realists. The for-
malists generally look at the law as having its own internal logic and system and are
therefore independent of the influences of society. The realists, particularly the
social science group, however, examine the actual operation of legal rules as
influenced by social settings. Using the methodologies of the emerging social
sciences, they look at the law as it operates in its actual social context or “law in
action” (Quevedo, 1985). With regard to state legislation, the formalists assert the
integrity, coherence, and uniformity of the law. They see statutes as internally
self-consistent, integrated, and logical systems that are free from the influence of
other normative systems in society (Griffiths, 2002). The realists, however, chal-

F
lenged this view and asserted the vulnerability of the law to the influence of other
normative fields in society.

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A group of socio-legal scholars, called “legal pluralists,” challenged legal
monism and the monolithic conception of the legal system by the formalists and

O
saw a diversity of state and non-state laws and quasi-legal orders, in particular, in
terms of geographical setting.10 Some also “challenged the inherent superiority of
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statutory law and argued that societies are characterized by plural sets of norms and
values” (Bavinck & Jyotishi, 2014, p. 2). Thus, legal pluralism is understood as
referring to “situations where more than one legal regime is operating in a social
field” (Griffiths, 1986; von Benda-Beckmann & von Benda-Beckmann, 2007;
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Wiber & Reccia, 2010). It can be operationally defined as “the existence of bodies
of laws within the same sociogeographical space that compete for the loyalty of a
group of people subject to them” (Prill-Bret, 1994, p. 687). Pluralism of laws is
inevitable because various laws, legal orders, and quasi-legal orders can co-exist in
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a given complex society. Legal pluralists identified two configurations of legal

system co-existing in one state: the local legal systems and the state law.
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Various types of the legal system existing in one society often breeds varying
and conflicting legal cultures, contrasting attitudes, and differing responses of
people to the law. The existence of various regimes of property laws in the same
state, in particular, could generate the opposite effect and thus make the legal
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system unnecessarily complex and force citizens to obey a large number of con-
tradicting laws and promote differing courses of action with respect to problems
related to property (Maldonado, 2009). Implementing government programs that
concern property rights, such as the post-disaster housing and relocation of disaster
victims, in a legal pluralist environment can lead to conflicting results. It is expected
that certain normative standards emanating from local legal systems which inter-
twine with cultural normative systems, can challenge the official PDRRMA on PDR

10
Legal monism is the idea that there must be one and only one centralized hierarchal legal system
in each state (Maldonado, 2009).
60 3 Typhoon Ketsana and Normative Pluralism …

and create negative unintended effects to the recipients of government PDR

projects.
The plurality of laws and juridical fields tends to overlap and compete as well as
collide with other non-legal or cultural normative structures in formulating and
implementing a complex government PDR project. Legal pluralism does not only
exist within one legal system but also within one specific juridical field. A legal
field may not be a single but rather an aggregate normative system. The legal field
of the PDR system in the Philippines under PDRRMA is polycentric. To fully
implement its PDR projects, the PDRRMA must interact with and rely on various
affiliate state laws, rules, and regulations of different government agencies and their
network of organizations in the low-cost housing and relocation sector under the
Urban Development and Housing Act of 1992 (UDHA). Chapter 4 of this book
provides an overview of the major state national and local laws, rules, and regu-
lations, as well as their respective agencies, that govern the post-disaster relocation

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and housing of Typhoon Ketsana victims in Rodriguez, Rizal. It attempts to

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illustrate how this formal legal pluralism can contribute to the inadequacies of the
post-disaster relocation for these victims in Chaps. 5–8 of this book.

3.4.2 Pluralism in Informal Normative Orders O

PR
A loosely cohesive state laws in the implementation of a complex government
long-term PDR project can often lead to interference of various informal cultural
normative standards of participating agencies and groups to fill the gaps in the project
ED

enforcement. Despite the strong injunction of the legal codes for public officers and
collaborators to follow official rules in government and to penalize deviations from
the official prescriptions and regulations, informal normative standards oftentimes
IS

compete with the official law in actual social practice in the implementation of public
projects. Although “[l]aw is all over” in society (Sarat, 1990) and has the power to
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constitute hierarchies and relationships that are at the heart of the social fabric of
society (Yngvesson, 1993, p. 120), it can also be challenged, however, by quasi-legal
orders and other non-legal normative regimes. Moore (1978) argued that it is inherent
in the nature of legal systems that they can never become fully coherent, gapless, and
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consistent wholes that can successfully regulate the entire fabric of social life.
Rule-systems invariably include ambiguities, inconsistencies, gaps, and conflicts
(Moore, 1978, p. 3). A legal regime can control certain types of behavior but not the
aggregate of behavior in society (Moore, 1978, p. 30). Thus, pluralism in the
Philippine PDR system does not only consists of multiple, conflicting, and over-
lapping laws, rules, and regulations but also nonlegal and informal normative orders
of participating groups and individuals.11 The plurality of informal normative orders

11
Legal pluralists continue to debate the nature of law and what separates it from non-legal
normative systems. In this book, laws, rules, and regulations are generally understood as official
norms or laws that are enacted by the state either through the Philippine Congress, local councils
3.4 Normative Pluralism and the Philippine PDR System 61

corresponds to the plurality of agencies and groups involved in the project and the
complexity of the PDR legal normative orders. Normative pluralist scholars see legal
pluralism as only one species of the various pluralities of the normative orders in
society. They argued that pluralism does not only occur in state and customary laws
and quasilegal orders but also in informal and cultural normative structures between
the official law and empirical reality or what Moore calls “intermediaries” or
“semi-autonomous social fields” (Moore, 1973). People are socialized from child-
hood to follow a variety of religious, cultural, social, professional, and legal nor-
mative systems. Together with the official law, these nonlegal norms compete and, at
times, conflict with the individual or group’s attention, decision-making, and action in
daily life. The factors that determine what individuals would follow or disregard
include the source and hierarchy of the competing norms, the form and severity of the
sanction people expect to suffer for favoring one norm over another, and the likeli-
hood of the application of the sanction (An-Naim, 2014, p. 791). These

F
semi-autonomous fields are neither totally controlled by legal fields nor free from its

O
influence. For Moore (1973), the semi-autonomous field is defined and its boundaries
identified not by its organizations but by a processual characteristic and by the fact

O
that it can generate rules and coerce or induce compliance from people in competition
with the law. If effectively strong, these semi-autonomous social fields can undermine
PR
the official law. The social arena in which a number of government and private
corporate groups deal with each other to provide low-cost housing and relocation for
disaster victims in the Philippines, for instance, can constitute the various
semi-autonomous social fields. Each of these fields can set its own informal rules on
“how things are done” within and outside their own networks as well as on how to
ED

deal with or circumvent the official housing laws.

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3.4.3 Cultural Normative Orders

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Studying the cultural values of people in organizations and projects is gaining

prominence in scientific and public discourse and social research. Values are
believed to have a substantial influence on individual and organizational behavior in
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project management and thus can constitute normative orders that may compete
with the state laws (Feather, 1995). Cultural values are basically classified into two
types: (1) the values people place on an object or outcome (e.g., value people place
on pay) and (2) the values used by people to describe a person as opposed to an
object (Feather, 1995). The former are usually called “goals” or “terminal values,”
whereas the latter are called “instrumental values.”

(Footnote 11 continued)
or by executive departments tasked by the national legislature to draft the implementing rules and
regulations (IRR) of a statute.
62 3 Typhoon Ketsana and Normative Pluralism …

Terminal values are self-sufficient end-states of existence that a person or group

strives to achieve. However, instrumental values are modes of behavior that
facilitate the attainment of terminal values (Meglino & Ravlin, 1998, p. 353).
Instrumental values specify an individual’s belief about how he or she “should” or
“ought” to behave in actual social practice. They describe his or her internalized
interpretations about socially desirable ways to fulfill his or her needs (Kluckhohn,
1951; Rokeach, 1973). They also describe how members of a group or organization
should behave in order to achieve their terminal and organizational values.
Instrumental values can, therefore, constitute normative orders that determine
people’s behavior in certain situations. Group behaviors are usually enacted within
a defined context, and this context will help define one of the various possible
meanings to those who are active in that context. The actual behaviors found within
organizations in such a culture will probably reflect the prevailing values (Smith,
Peterson, & Swartz, 2002, p. 189).

F
Values in organizations, such as those of the various private and public agencies

O
in a PDR project, are derived from the larger society and culture. Cultural values, as
seen among organizational participants, simply specify those values in society

O
(Arce, 2001). Their function in an organization or unit is similar to their function in
society at large (Meglino & Ravlin, 1998, p. 357). Because of their significant
PR
impact on behavior, some organizational researchers conceptualize culture in terms
of observable norms and values that characterize a group or organization (O’Reilly
& Chatman, 1996). They typically stress quantitative measurement schemes in
examining cultural values rather than their phenomenological meaning (e.g.,
Rousseau, 1990).
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In an organizational setting, shared cultural values can bring people together, but
conflicting values can deter people from building social bonds, create an atmo-
sphere of hostility and diversity, and result in negative organizational performance
IS

or negatively affect the goals of any organization (Caparas & Hartijasti, 2014,
pp. 4–5). Thus, a shared set of cultural values in a certain social situation can form a
normative system, i.e., “any system of rules and shared expectations governing a
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particular social situation,”12 for a particular group or network of groups. To the

Filipino anthropologist Landa Jocano, Philippine cultural values are often under-
stood as a pamantayan, i.e., a guide or standard for behavior, rather than pagpa-
R

pahalaga or valuing. Values can set internal rules and act as directive forces for
individual and group behavior (Jocano, 2000). Thus, dominant Filipino cultural
values, when shared and practiced by a group of people in specific social situations,
can form a unique normative order, i.e., “a way of doing things” (kalakaran) as
understood by participants.
For example, the hiring of some teachers in the Philippine Department of
Education, which is said to be a fair and equal process is actually based on
sponsorship, personal connection, or group affiliation rather than qualification. It,
can constitute a normative system called in the Philippines as palakasan

12
http://www.encyclopedia.com/doc/1O88-normativeorder.html.
3.4 Normative Pluralism and the Philippine PDR System 63

(patronage) system. The palakasan normative system in the Philippines stresses

hiring through personal connections rather than merit and objective rules and laws
in low-context or individualist cultures. In palakasan, trust as well as resources are
not easily shared with those who are not part of the family network or in-group. The
awarding of housing units to disaster victims in a relocation area, for instance, may
not be based on legal prescription but on palakasan, on the personal connection of
the applicants with public officials.
A normative system can also be related to other host of Filipino cultural values—
such as the value of utang-na-loob (debt-of-gratitude), the Padrino (political pa-
tronage) or bata (protégé) systems, and other affiliate cultural values. Unlike the
legal system with its formal sanctions, informal normative systems have their own
system of rewards and informal sanctions. An infraction can result, for instance, in
social ostracism and deprivation of in-group’s resources benefits and protection.

F
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3.4.4 “Corrupt” Cultural Normative Orders

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How a culture influences corruption has been studied lately by some social sci-
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entists. Culture is a set of beliefs and values about what is desirable versus unde-
sirable in a community of people as well as a set of formal and informal practices to
support those values (Javidan & House, 2001). Understanding the dynamics of
culture is crucial in the study of corruption. One of the main analytical problems
with the empirical study of corruption is its high cultural variability (Torsello,
ED

2013). Corruption is dependent on cultural context. Thus, the study of corruption is

best understood in specific social contexts rather than a cross-cultural approach that
uses one analytical standard across different cultures. There is an agreement among
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various scholars in different fields of research that distinctive societal cultures

influence a wide variety of social phenomena (Hofstede, 1983). Organizational-
behaviour studies indicate that cultural values can strongly influence personal
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behaviours (Rokeach, 1973; House et al., 2004; Hofstede, 1983) as well as the
individual’s perception of ethical situations; therefore, national cultural differences
are expected to influence corruption (Seleim and Bontis, 2009). And corruption
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sidelines legal prescriptions. M. Deflem (1995) defines corruption as the colo-

nization of social relations in which two or more actors undertake an exchange
relation by way of a successful transfer of the steering media of money or power,
therebey sidestepping the legally prescribed procedure to legalize the relation
(Deflem, 1995, p.1).
Culturally speaking, Filipinos are said to have a privatized view of the public.
They do not think of public space as being a shared community asset that must be
cared for and respected by all. This task is passed on to the government (Roces &
Roces, 1985). Applying the theory of “the transitory ownership of public space,”
Richard Stone (1971) argued that if Filipinos occupy public space or office tem-
porarily, they treat it as a private resource that they can use for their personal,
familial, or group needs. The Filipino’s concept of the community is kinship-based.
64 3 Typhoon Ketsana and Normative Pluralism …

What promotes the welfare of the person’s community of relatives and family
members is what constitutes the “common good.”
This privatized view of Filipinos of public space structures the normative ori-
entation of Filipinos cultural values toward the in-group rather than the public good
which can conflict with the merit-based and welfare orientation of the PDRRMA.
A privatized view of public assets can facilitate the formation of corrupt normative
systems among various organizations and groups involved in government projects,
particularly in public socialized housing for calamity victims. Filipino cul-
tural values are said to be “bipolar.” They can both have positive and negative
effects (Andres and Ilada-Andres, 1987). When used as a behavioral guide or
“pamatayan” in overcoming the highly bureaucratic housing and relocation system
in the Philippines and in distributing PDR benefits to disaster victims, some Filipino
instrumental values—such as padulas (grease money), lagay (bribe), palakasan
(patronage), and the Padrino (political patronage) and bata (protege) systems—

F
can sideline the dictates of the official laws and yield negative unintended effects to

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the long-term PDR project.
In the arena of disaster management and relocation, intermediary normative

O
systems can refer to informal normative orders (kalakaran) created by the social
ties, alliances, networks, or social connections of actors and groups within one
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organization or agency, or between two or more organizations that form a network
and express some instrumental Filipino cultural values. Formulating and imple-
menting a complex PDR project in the Philippines involves a multiplicity of public
and private organizations and their networks—both the national and local levels—
as well as other pre-existing semi-autonomous normative systems relations inter-
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acting with official state laws and regulations on housing and relocation. Because
bureaucratic corruption is said to be endemic in the Philippine government, some of
these normative structures can constitute what Andrew Szasz (2006) calls the
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“criminologic regulatory structure” where large private and public corporations

enter into illegal networks and alliances with state regulators resulting in lax
implementation and incompetent law-enforcement system; thus, regulators inten-
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tionally allow powerful interest groups to profit in a state regulatory system (Szasz,
1986). In the Philippines, there is a popular perception that the government’s
low-cost housing program, as well as post-disaster housing program, are dominated
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by large and powerful housing developers accredited with the National Housing
Authority (NHA) and supported by the prevailing policy of the government’s
private–public partnership (PPP) which encourages private business to invest in
government projects. The entry of big business in public low-cost housing program
(such as real estate developers with their preoccupation with profit and their use of a
criminologic cultural normative system) can undermine the welfare orientation of
PDRRMA concerning the PDR of disaster victims. These developers, with strong
connections in the government’s housing bureaucracy and employing some of the
negative informal normative systems—such as palakasan, the Padrino system,
bata, or utang-na-loob—can circumvent some housing laws and regulations to
ensure greater profits for their real-estate projects.
3.4 Normative Pluralism and the Philippine PDR System 65

Corruption in the low-cost housing system only reflects the country’s high
corruption index. In fact, Transparency International (TI), has consistently placed
the Philippines on its list of most corrupt countries. Corruption committed with
impunity is so ingrained in Philippine bureaucracy that ‘giving commissions and
percentages’ to politicians and public personnel have become a ‘standard operating
procedure’. Orchestrated public bidding is also a common practice in awarding
government contracts, such as low-cost housing projects. Bureaucratic corruption
has not only tainted the top government agencies such as the Bureau of Customs or
the Philippine National Police (PNP) but also the top public and private corpora-
tions in charge of the government’s low-cost housing for the urban poor and PDR
programs for disaster victims.
Many researchers define corruption from a behavioral perspective as the abuse of
public power for private benefit (Park, 2003; Heidenheimer, 1989). To sociologists,
corruption is primarily a problem of social structure and social relations rather than

F
a problem of moral defect of individuals and groups in society. In PDR projects,

O
corruption can be seen as a conspiracy of groups and individuals based on the
cultural norm of reciprocity, understood and used in a negative sense, by
unscrupulous individuals and groups and governing semi-autonomous social fields
O
that undermine the intended effects of the official law. Corruption can be either
monetary or bureaucratic. In the Philippines, corrupt social fields of some partici-
PR
pating groups and agencies in the PDR project can generate informal rules or
networks through some instrumental Filipino cultural values. “Corrupt” normative
orders in Philippine private and public organizations can sidestep the legally pre-
scribed procedures under the PDRRMA and its affiliate state laws, rules, and
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procedures. Social ties in a graft-laden informal normative order can include

friendship, ethnicity, and kinship based on either consanguinity, affinity, or com-
padrazgo,13 thus connecting unscrupulous individuals and public officials of dif-
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ferent government housing agencies or private developers and housing agencies or

regulatory bodies.14 The informal normative system of “padulas” (grease money)
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13
It is Spanish term that refers to a system of godparenting. It is a fictive kinship system established
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through sponsorship in the Catholic Church’s baptism, confirmation, or matrimony ceremony.

Through compadrazgo, the child’s parents and godparents—now known as compadres (literally
“co-fathers”) and comadres (“co-mothers”)—enter into a complex relationship of rights and
obligations. When in need, a family often turns to its children’s godparents for assistance (http://
countrystudies.us/mexico/59.htm). In the Philippines, politicians are known to sponsor mass
weddings and baptism to expand their political network.
14
Investigations and allegations of corruption and palakasan in Philippine housing are often
connected with kinship ties. The Montalban Relocatees Association (MRA), for instance, asserted
that San Jose Builders, one of the developers of the the SRHP, continues to receive multimillion
housing contracts from government despite numerous complaints because the executive secretary
of the president is a brother-in-law of the owner of the company. In a corruption investigation in
the Philippine Senate, it turned also turned out that the President of Pag-ibig, the government
provider of loans for socialized housing, is a relative of the Chief of Staff of the Vice President,
who is the housing czar of the government.
66 3 Typhoon Ketsana and Normative Pluralism …

“tongpats,” (price padding) or “lagay” (bribe) employ some of these ties to cir-
cumvent government regulations in post-disaster housing and relocation.
In actual social practice, corporate transactions between various public and
private organizations in the Philippines are often influenced by instrumental
Filipino cultural values that tend to undermine official laws. “Thus the more
objective, aloof and detached prescription of the law can be circumvented in favor
of a more culturally desirable value of pakikisama (camaraderie), kakilala (protégé),
etc. that guide people’s behavior. Public bidding on government low-cost housing
projects can be orchestrated or the rules on public bidding can be circumvented if
certain developers or contractors are magkakakilala (acquaintances), magkakamag-
anak (relatives), magkakaibigan (friends), or dating magkakaklase (former class-
mates) of some top officials of the NHA or government bureaucracy. The palakasan
system is another important informal normative order based on utang-na-loob
(debt-of-gratitude) and political patronage, which is an important political feature in

F
Philippine politics. Political patronage has penetrated the Philippine bureaucracy

O
and government projects as well as the post-disaster management in the country.
Distribution of disaster assistance, for instance, is distributed by local officials, such

O
as barangay officers, based on political connections and interests (Sherwood et al.,
2015).
PR
Arce (2001) argued that in Philippine organizations, personalism and familism
and a host of other values—such as “smooth interpersonal relationship, pakikisama,
utang-na-loob, hiya, and other values which are supportive of harmonious rela-
tionships such as individual’s personal network of selected relatives and other allies
are emphasized and the impersonal and more universal values such as merit prin-
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ciple and rationality of procedures demanded by official laws are not central in
organizational behaviors” (Arce, 2001, pp. 187–190). Access to organizational
resources for Filipinos, for instance, may not be based on merit and qualification as
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demanded by official laws and procedures but based on social ties and patronage
(palakasan). The social world of Filipinos is viewed as oriented toward the welfare
of a small circle of friends and relatives or the idea of sakop (in-group) rather than
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public good. This is confirmed by some studies on the social capital of Filipinos.
Although studies that explore the nature of social capital in the Philippines are
scarce, they do point to the narrow view of Filipinos on social networks. They also
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indicate the personalistic and in-group orientation of Filipino’s cultural values.

Ricardo G. Abad (2005), based on a national survey of Social Weather Stations
(SWS), offers a more formal and quantitative analysis on the characteristics of the
social capital of Filipinos. Focusing on the configurations of two key notions of
social capital, namely, social networks and trust, Abad concluded that Filipinos
generally build strong binding social capital with family members and depend on
them for material, psychic, and symbolic needs as well as with some close friends
as part of their social networks to augment what the family and kinship ties cannot
or only meagerly offer (Abad, 2005: 44). These strong binding ties with their
families, relatives, and friends are, however, accompanied by their relative lack of
bringing social capital or ties to wider networks obtained from membership and
participation in organizations (ibid). Thus, the cultural value of sakop (in-group), or
3.4 Normative Pluralism and the Philippine PDR System 67

small-group solidarity, is more important for Filipinos in resource sharing than the
value of the public or common good as demanded by official PDR laws. Despite the
prevalence of official laws, Filipinos remain very personalistic in their ways: To
them, mas importante ang loyalty, commitment, pakikisama (loyalty, commitment,
and camaraderie) are more important compared with nonpersonal traits such as
efficiency or effectiveness (Franco, 1986, p. 36) as demanded by official laws.

3.5 Summary

This chapter has illustrated that the passage of PDRRMA in 2010 did not auto-
matically guarantee a more holistic approach to PDR, especially in terms of pro-
viding adequate housing and relocation to Typhoon Ketsana victims. The

F
implementation of PDR projects in the Philippines has to undergo the legal and

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normative pluralism of the country’s real-estate administration which can result in
more negative unintended consequences to PDRRMA’s PDR housing goals. The

O
PDRRMA’s lack of legal provisions to guide actual post-disaster housing for dis-
aster victims resulted in the reliance on the existing relocation system of UDHA and
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its pre-existing informal normative systems, which are governed by some negative
Filipino values and corrupt practices. Given the Philippines’ legal pluralism,
complex real-estate regulation, and personalistic cultural values, serious deviations
from the intended goals of PDRRMA are more likely to occur that could increase
the suffering of disaster victims.
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References
IS

Abad, R. G. (2005). Social capital in the Philippines: Results from a National survey. Philippine
EV

Sociological Review, 53(1–4), 1 Jan–Dec 2005

ADB (2015) Proceedings of the regional knowledge forum on post-disaster recovery, 20–21
October 2015. Asian Development Bank. https://www.adb.org/sites/default/files/publication/
176471/proceedings-forum-post-disaster.pdf
R

Andres, T.D., & Ilada-Andres, P.C.B. (1987). Understanding the Filipino. Quezon City,
Philippines: New Day Publishers.
An-Naim, A. (2014). Islam and religious pluralism: It is normative, not legal? At the International
Conference on Legal Pluralism sponsored by the International Association of Legal Sciences
(IALS-Unesco) held at the Accademia delle Scienze di Torino in Torino, Italy (September 13,
2014). http://sbmblog.typepad.com/files/an-na_im.pdf. Accessed January 11, 2016.
Arce, W. (2001). Values, organizational culture and organizations. Loyola Schools Review, 1(1),
2001.
Barton, A. H. (1969). Communities in disaster: A sociological analysis of collective stress
situations. Garden City, New York: Doubleday & Company Inc.
Benda-Beckmann, F. von & von Benda-Beckmann, K. (2007). Transnationalisation of law,
globalisation and legal pluralism: A legal anthropological perspective. In: C. Antons & V.
Gessner (Eds.), Globalisation and resistance: Law reform in Asia since the crisis (pp. 53–80).
Oxford: Hart.
68 3 Typhoon Ketsana and Normative Pluralism …

Berke, P. et al. (1993). Recovery after disaster: Achieving sustainable development, mitigation and
equity.Disasters, 17(2), 93–109.
Bovinck, M. & Jyotisi, A. (2014). Conflict, negotiation and natural resource management. A legal
pluralism perspective from India. New York: Routledge.
Caparas, M. V. & Hartijasti, Y. (2014). Filipinos and Indonesians’ shame: Towards integrity and
soundness in organizational performance. Asian Institute of Management. Business and
Development Research. AIM working paper series 14–021. http://www.aim.edu/files/
download/1207. Accessed February 12, 2016.
Edelman, L. B., & Suchman, M. C. (1997). The legal environments of organizations. Annual
Review of Sociology 23, 479–515.
Feather, N. T. (1995). Values, valences, and choices: The influence of values on the perceived
attractiveness and choice of alternatives. Journal of Personality and Social Psychology, 68, 1135.
Flatt, V. B. & Stys, J. J. (2013). Long term recovery in disaster response and the role of non-profits
(April 22, 2012). Oñati socio-legal series, Vol. 3, No. 2. Available at SSRN: http://ssrn.com/
abstract=2119879. Accessed February 1, 2015.
Franco, E. A. (1986). Pinoy management. Metro manila: National bookstore.

F
Griffiths, A. (2002). Legal pluralism. In R. Banakar, & M. Travers (Eds.), An introduction to law
and social theory (pp. 289–310). Hart Publishing.

O
Griffiths, J. (1986). What is legal pluralism? Journal of Legal Pluralism 24, 1–56.
Heidenheimer, A. J. (1989). Perspectives on the perception of corruption. In A. J. Heidenheimer,
& V. T. LeVine (Eds.) Political corruption: A handbook (pp. 149–163). New Brunswick, NJ:
Transaction Publishers.
O
Hofstede, G.H. (1980) Culture’s consequences: International differences in work-related values
PR
(revised and expanded in 2001). Thousand Oaks, CA: Sage.
House R. J. et al. (Eds.) (2004). Culture, leadership, and organizations: The GLOBE study of 62
societies. Thousand Oaks, CA: Sage.
Javidan, M., & House, R. J. (2001). Cultural Acumen for the global manager: Lessons from
Project GLOBE. Organizational Dynamics, 29(4), 289–305.
Joakim, E. (2008). Assessing the ‘Hazards of Place’ model of vulnerability: A case study of
ED

waterloo region. Waterloo: Wilfrid Laurier University.

Jocano, L. (2000). Filipino value system: a cultural definition. Metro Manila: Punlad Research
House.
Klabbers, J., & Piiparinen, T. (2013). Normative pluralism : an exploration. In Jan Klabbers &
IS

Touko Piiparinen (Eds.) Normative pluralism and international law: exploring global
governance. Cambridge, UK: Cambridge University Press.
Kluckhohn, C. (1951). Values and value-orientations in the theory of action: an exploration in
EV

definition and classification. In: T. Parsons, & E. Shils (Eds.) Toward a general theory of
action (p. 388–433). Cambridge, MA: Harvard University Press.
Maldonado, D. (2009). Extralegal property, monism, and pluralism. The University of Miami
Inter-American Law Review 40(2), 213–238.
R

Meglino, B., & Ravlin, E. (1998). Individual values in organizations: Concepts, controversies, and
research. Journal of Management, 24(3), 351–389.
Moore, S. F. (1973). Law and social change: The semi-autonomous social field as an appropriate
subject of study 7. Law and Society (pp. 719–746). http://keur.eldoc.ub.rug.nl/.FILESWETE.
NSCHAPTERS.CHAPTERS/2/730/730. Accessed February 10, 2013.
OHCHR. (2009). The right to adequate housing. Fact Sheet No. 21 (Rev. 1).http://www.ohchr.org/
Documents/Publications/FS21_rev_1_Housing_en.pdf. Accessed 12 Feb 2015.
O’Reilly, C. A., & Chatman, J. A. (1996). Culture as social control: Corporations, cults, and
commitment. Research in Organizational Behavior, 18, 157–200.
Park, H. (2003), Determinants of corruption: a cross-national analysis. The Multinational Business
Review, 11, 29–48.
Quevedo, S. M. (1985). Formalist and instrumentalist legal reasoning and legal theory, 73
California Law Review, 119, 119–123. http://scholarship.law.Berkeley.edu/californialaw
review/vol173/iss1/2. Accessed December 15, 2013.
References 69

Raval, D., & Subramanian, B. (2000). Effective transfer of best practices across cultures.
Competitiveness Review 10(2), 183–191. Retrieved from http://search.proquest.com/docview/
213090183?accountid=33657
Rokeach, M. (1973). The nature of human values. New York: Free Press.
Roces, A., & Roces, G. (1985). Culture shock Philippines. Singapore: Times Books International.
Rousseau, D. M. (1990). Assessing organizational culture: The case for multiple methods. In B.
Schneider (Ed.), Organizational climate and culture (pp. 153–192). San Francisco:
Jossey-Bass.
Rubin, C. (1991). Recovery from disaster. In T. E. Drabel & G. J. Hoetmer, (Eds.), Emergency
management: Principles and practice for local government. Washington DC: International
City Management Association.
Rubin, C., Saperstein, M., & Barbee, D. (1985). Community recovery from a major natural
disaster. Monograph#41. Boulder: University of Colorado, Institute of Behavioral Science.
Sarat, A. (1990). The law is all over: power, resistance and the legal consciousness of the welfare
poor. Yale Journal of Law & the Humanities 2(2), 6. Available at http://digitalcommons.law.
yale.edu/yjlh/vol2/iss2/6

F
Schwab, J. (1998). Planning for post-disaster recovery and reconstruction. Planning Advisory
Service.

O
Seleim, A., & Bontis, N. (2009) The relationship between culture and corruption: A cross‐national
study. Journal of Intellectual Capital, 10(1), 165–184. https://doi.org/10.1108/1469193091
0922978

O
Sheppard, A. et al. (2013) Humanitarian logistics: enhancing the engagement of local populations.
Journal of Humanitarian Logistics and Supply Chain Management, 3(1), 22–36.
PR
Sherwood, A., et al. (2015). Resolving post-disaster displacement: Insights from the Philippines
after Typhoon Haiyan (Yolanda). International Organization for Migration (IOM): The
Brookings Institution.
Smith, P. B., Peterson, M. F., & Schwartz, S. H. (2002). Cultural values, sources of guidance and
their relevance to managerial behavior: A 47 nation study. Journal of Cross-Cultural
ED

Psychology, 33, 188–208.

Stone, R. L. (1971). ‘Lagay’ and the policeman: A study of private, transitory ownership of public
space. Quezon City: Institute of Philippine Culture.
Szasz, A. (1986). Corporations, organized crime, and the disposal of hazardous waste: An
examination of the making of a criminogenic regulatory structure. Criminology, 24(1), 1–27.
IS

Torsello, D. (2013). The perception of corruption as social and institutional pressure: A

comparative analysis of cultural biases. Human Affairs 23, 160–173. doi:10.2478/s13374-013-
0117-5
EV

Wiber, M. & Reccia, M. (2010). Legal pluralism and integrated management in saint john harbour,
Canada. MAST, 9(1), 81–101.
Yngvesson, B. (1993). Virtuous citizens, disruptive subjects: Order and complaint in a new
England court. New York: Routledge.
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Chapter 4
Normative Pluralism in Philippine
Housing and Relocation System

Abstract This chapter discussed the complexity of laws and informal norms as
well as the many public agencies involved in doing real-estate business in the
Philippines, particularly in establishing relocation and housing projects by

F
government-accredited developers for disaster victims. It described the tedious and

O
multiple legal and bureaucratic requirements—at both the national and local levels
—in the Philippine real-estate system, which can delay and add cost to post-disaster

O
housing and increase the burdens of housing beneficiaries. It identified the major
informal normative systems and housing groups that created many negative unin-
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tended effects to relocation projects for disaster victims such as the Typhoon
Ketsana victims in the Southville Rodriguez Housing Project relocation area. Using
the normative pluralist perspective, it argued that in the absence of a comprehensive
and unified post-disaster recovery law and one-stop public agency on post-disaster
housing, the multiple laws, regulations, and informal cultural norms in the
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Philippine real-estate system could deviate the intended effects of the post-disaster
recovery (PDR) provisions of the country’s national disaster law–the Philippines
Disaster Risk Reduction Act of 2010 (PDRRMA).
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Keywords Legal pluralism Normative pluralism
Relocation
Post-disaster



housing Corruption Normative system
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4.1 Complexity in Doing Real-Estate Projects

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in the Philippines

Doing business in the Philippines is generally time-consuming, costly, and complex

due to burdensome and numerous government laws, rules, regulations, and
bureaucratic requirements imposed by the government. The country is consistently
ranked low in the World Bank’s annual survey on the ease of doing business in the
world. In its 2016 report, for example, the Philippines only ranked 103rd of 189
economies in the world despite government efforts to decrease red tape and simplify
business transactions (World Bank, 2016). The Philippines is also regularly ranked

© Springer Nature Singapore Pte Ltd. 2017 71

V.O. Ballano, Law, Normative Pluralism, and Post-Disaster Recovery,
DOI 10.1007/978-981-10-5074-9_4
72 4 Normative Pluralism in Philippine Housing …

low in the world concerning simplicity of business requirements in starting and

maintaining a business enterprise and on the quality of bureaucratic regulation on
business, particularly on the ease of securing business and construction permits,
electricity, and real estate–related business requirements.
Despite the enactment of the Philippine Disaster Risk Reduction Management Act
(PDRRMA) by the Philippine legislature in 2010 to address the challenges of
post-disaster management during major disasters such as Typhoon Ketsana (popu-
larly called Typhoon Ondoy), those enacting post-disaster relocation and housing
projects for disaster victims still must deal with the existing complex,
time-consuming, and costly government regulations. Moreover, PDR projects under
the PDRRMA are still being governed by a complex pre-existing legal and non-legal
normative systems of the existing low-cost housing and relocation for the urban poor.
The PDRRMA inherited a low-cost housing program under an existing non-disaster
law that is primarily intended for the relocation of urban poor in danger zones or

F
whose homes were demolished by local governments—the Urban Development Act

O
of 1992 (UDHA). The implementation of the post-disaster recovery (PDR) legal
provisions of the PDRRMA requires the adoption of the pre-existing complex net-

O
works of agencies, organizations, and groups and their respective legal and informal
rules and norms under the UDHA. This adoption has resulted in an intricate nor-
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mative pluralism and polycentric implementation of post-disaster resettlement and
housing under PDRRMA for Typhoon Ketsana victims as well as the inheritance of
“corrupt” informal normative orders of some groups and government agencies
exploiting the loopholes in the implementation of UDHA.
The Philippine real-estate business is known for pluraliism in official laws, rules,
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and regulations as well as complexity in legal and bureaucratic requirements. In fact,

the Philippines’ overall business environment has always been ranked low in
international surveys due to complex laws, red tape, and heavy bureaucratic burdens
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in starting and maintaining a business. This is particularly true with regard to se-
curing building permits and other requirements for real-estate transactions.
Regarding the ease of obtaining permits, for instance, the Philippines received a low
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overall rank of 95th of 180 economies.1 In obtaining a construction permit alone, the
Philippines ranked among the lowest in the world, even slipping from rank 123rd in
2014 to rank 124th in 2015 out of 180 economies. A business owner or firm must
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undergo 24 procedures, spend a minimum of 94 days, and pay 1.2% of the total
warehouse value due to various laws and legal requirements (DB Philippines, 2015).
Any real-estate developer in the Philippines, whether contracted by the national or
local government, that aims to build a low-cost housing project for disaster victims
must pass through this highly bureaucratic real-estate system in the country, char-
acterized by a complex system of laws, rules, and regulations that govern real-estate

1
The numerous real-estate laws and regulations have increased the bureaucratic requirements, cost,
and burdens and thus encourage real-estate developers to resort to bribery to shorten the process.
This tedious system makes it vulnerable to corruption with bribe money solicited in exchange for
speeding up transactions. This “hidden cost” is ultimately passed on to end-users in the form of
high-priced and/or sub-standard housing products (Valte, 2013, p. 8).
4.1 Complexity in Doing Real-Estate Projects … 73

ownership, real-estate transactions, and real estate/land use (CPBRD, 2011).

Although the key prohibitions on the ownership and disposition of lands are found in
the 1987 Philippine Constitution, the incentives and other regulatory mechanisms for
the sale, purchase, lease, and ownership of different types of real estate are scattered
in various statutes and regulations from national to local government levels. An
inventory of the laws relevant to the public land disposition and land registration
alone, for instance, revealed the existence of more than 60 laws (CPBRD, 2011).
To shorten this complex process and minimize the bureaucratic burdens, some
real-estate developers and contractors of the government’s resettlement and
low-cost housing program resort to “short-cuts” or informal and illegal norms such
as bribery and other forms of monetary and bureaucratic corruption, thus sidelining
the official laws and regulations and jeopardizing the safety of disaster victims and
beneficiaries of PDR housing and relocation.

F
O
4.2 Complexity in Land and Property Administration

O
Issues surrounding housing and land-property rights are considered the greatest
PR
regulatory barriers to shelter assistance to disaster victims. In Haiti, PDR managers
faced regulatory barriers in providing shelters to the victims of the devastating
earthquake of 12 January 2010 (IFRC, 2015). The Philippines, like Haiti, has a
relatively extensive legal framework through its constitution, codes, and laws; basic
rights are established, and rules and procedures are elaborated therein. An impor-
ED

tant aspect of the post-disaster recovery of typhoon victims in the Philippines is

finding a suitable land and location for their housing project. This task must pass
through the highly elaborate system of the government’s land administration and
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management which can greatly delay the delivery of their housing units.
Conversely, the land administration in the Philippines is managed by both national
and local governments. At the national level, the Department of Environment and
EV

Natural Resources (DENR) is mandated to administer, conserve, protect, and manage

almost 15.88 hectares offorest lands or 52.9% of the country’s total land area. Through
its Land Management Bureau (LMB), it is also mandated to dispose and issue titles to
R

another 6.0 million hectares of untitled lands. The Land Registration Authority
(LRA), which falls under a different government agency—the Department of Justice
—is responsible for the registration of the issued titles released by the DENR.
However, both of these agencies have specific mandates in the overall administration
of public and private lands; thus, they have their own set of laws, rules, and regulations
regarding real-estate transactions. They also operate on totally different systems of
records, information, and document-management systems and are said to be guided by
outdated legal mandates such as the Public Land Act of 1936, the Land Registration
Act of 1902, and the Property Registration decree of 1978 (HB826).
At the local level, Local Government Units (LGUs) also regulate the ownership
and disposition of real estate in their localities by providing locality specific
real-estate ordinances. They act as the key field managers of both public and private
74 4 Normative Pluralism in Philippine Housing …

lands because they exercise direct administration, preservation, use, and allocation
of land uses and resources in their jurisdictions. They also have a large stake in the
effective and efficient management of land resources in their localities because a
large part of local revenues they receive come from real property tax and
land-related transactions (HB826).

4.3 Pluralism in Land Administration

One major area of concern in Phillipine real-estate affairs is the multiple govern-
ment agencies, at both the national and local levels, that govern the land admin-
istration and real-estate transactions in the country. Land administration alone is
handled by several government agencies. There are 19 public bureaus that deal with

F
property administration. Because each bureau has its own set of laws and imple-

O
menting rules and regulations aside from the new real-estate legislations that are
being continually passed by the Philippine Congress, formal legal pluralism is an

O
important characteristic of the real-estate administration in the archipelago.
Real-estate transactions are managed by numerous and, at times, overlapping laws
PR
and implementing rules and regulations. This is aggravated by the fact that many of
these existing legal prescriptions are outdated, conflicting, and inconsistent due to
the overlapping functions and mandates of the agencies that implement them
(Philippines Property Markets Scorecard, p. 7). As a result, unintended conse-
quences—such as different standards for land valuation, overlapping land-titling
ED

processes, and the high cost of doing real-estate business in the country—can arise
(CPBRD, 2011).
Legal pluralism, coupled with the absence of a unified system of laws and
IS

regulations that govern real-estate transactions, can make property administration in

the Philippines complex, tedious, and costly.2 There is no single set of codified laws
and regulations controlling real-estate transactions. Moreover, there is currently no
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centralized registry for real property that would instantly provide the needed data on
registered and unregistered real estate, real-estate transactions, and registered
owners.3 Thus, issues involving double titling, overlapping of titles, double sale of
R

real estate, proliferation of fictitious titles, sale of unregistered real-estate condo-

minium and subdivision projects by unscrupulous developers, encroachment, and
conflict of actual land use with current zoning and other land-use regulations,
among others, continue to hound the real-estate sector and its stakeholders
(Philippines Property Markets Scorecard, p. 7). Moreover, land registration or the
land-titling process in the Philippine is both performed judicially and administra-
tively, a process that deviates from the common practice of other Southeast Asian
countries such as Thailand, Malaysia, Indonesia, Cambodia, and Laos, in which

2
Ibid.
3
http://realtyprodil.com/?q=node/11.
4.3 Pluralism in Land Administration 75

land registration is performed through administrative processes only. The Land

Registration Act and the Cadastral Act both fall under the Torrens system of titling
process, and the proceedings in both acts are judicial in character (CPBRD, 2011,
p. 2). Although most countries in the Asian region have managed to implement an
overarching land law, often referred to as “Land Code,” the Philippines still
implements multiple and overlapping land decrees. As a result, the percentage share
of documented lands in the Philippines is 66%, much lower compared with
Thailand (80 + %) and Vietnam (90%) (CPBRD, 2011, p. 3). Table 4.1 illustrate
some of the many duplications and overlaps between government agencies and
real-estate laws and regulations in the Philippines.

Table 4.1 Key duplication/overlap between agencies

F
Duplication/overlap Agencies involved Source of duplication/overlap
Primary classification of DENR/NAMRIA Conflict between responsibilities

O
public land as arable and NCIP in land classification as
disposable land determined by EO 292 of July

O 1987 (instituting the

Administrative Code) and
Indigenous Peoples Rights Act
PR
(IPRA) 1987
Undertaking of land DENR (LMB); DAR Administrative Code provides
surveys for titling purposes Potentially NCIP authority to both DENR and
DAR to undertake land surveys;
IPRA 1987 gives NCIP
ED

responsibility for the

identification, delineation, and
recognition of ancestral
lands/domains
IS

Approval of subdivision LMB; LRA Property Registration Decree (PD

surveys for titling purposes 1529 of June 1978, as amended)
(for land already titled) permits either LMB or LRA to
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approve such plans

Awarding of original DENR (Patents); DAR Two titling processes
private rights to arable and (CLOAs); Courts (court (administrative, judicial), both
disposable land decrees); NCIP (CADTs) mandated by law; legislation
R

authorizing different forms of

ownership rights in land occur by
administrative process
Maintenance of DENR (LMB); LRA A consequence of two agencies
independent, uncorrelated involved in two titling processes;
versions of cadastral the practice is neither explicitly
maps/records mandated nor necessitated by law
(continued)
76 4 Normative Pluralism in Philippine Housing …

Table 4.1 (continued)

Duplication/overlap Agencies involved Source of duplication/overlap
Compilation of land maps Multiple agencies A reflection of differing agency
and Information needs for land information. But
some unnecessary overlap occurs
Land valuation and related BIR; LGUs Different valuation methods
mapping for tax purposes mandated by different
property-taxation laws
Source LAMP-DENR, Institutional Arrangement Policy Study, July 2002
Please note the following abbreviation: BIR (Bureau of Internal Revenue), CADT (Certificate of
Ancestral Domain Title), CLOA (Certificate of Land Ownership Awards); DAR (Department of
Agrarian Reform), DENR (Department of Environment and Natural Resources); LMB (Land
Management Bureau); LRA (Land Registration Authority); NCIP (National Commission on
Indigenous People); and NAMRIA (National Mapping and Resources Information Authority).
(CPBRD, 2011, p. 5)

F
O
The overlapping and duplication of government agencies and functions handling
real-estate laws and regulations is the major obstacle in securing the necessary
registrations, titles, permits, licenses, and other real-estate requirements for the

O
establishment of resettlement and post-disaster housing to disaster victims.
Complex bureaucratic requirements can result in procedural short-cuts and cor-
PR
ruption to expedite the construction of relocation areas and housing projects for the
poor and disaster victims.
The duplication of government agencies and functions can lead to multiple forms
of title certificates and confusion over the various rights in land, multiple standards for
ED

land valuation, and multiple standards for land valuation (CPBRD, 2011, p. 6).
Land-title certificates, patents, original Certificates of Title, Certificates of Ancestral
Land Title, and other decrees can have different degrees of validity. For example, a
IS

patent is widely regarded as a lesser title than a Certificate of Title issued a judicial
decree. Courts have not respected the indefeasibility of registered patents to the same
degree as other titles, whereas some banks will not lend as much money to patent
EV

holders. The multiple systems and regulations used by public agencies for land val-
uation also create confusion for real property taxation, compensation for land
acquired for public investment, and for land valuation under the Comprehensive
R

Agrarian Reform Program (CARP). Valuations are often doubtful, incorrect, and
influenced by local politics (CPBRD, 2011, p. 6). Finally, the sharing of responsibility
between national and local government about real-estate taxation also create confu-
sion in the collection of real-estate taxes and the valuation of taxes in land transfers.

4.4 Normative Pluralism for PDRRMA’s PDR

Behaviors of actors and groups implementing PDR projects can be evaluated from a
variety of perspectives, normative orders, or normative control systems. The legal
order is distinct and is only one of the many normative orders in a society that can
4.4 Normative Pluralism for PDRRMA’s PDR 77

influence individual and group behavior (Klabbers & Piiparinen). Although the
legal order is oftentimes viewed as hegemonic and sidelining other normative
control systems (Smart, 1986), it is not one, monolithic, and unified system but
diverse and constantly changing and interacting with other normative control sys-
tems in society. Legal pluralism can take different forms. It can mean plurality in
terms of official state laws or formal legal pluralism. It can also imply a plurality of
quasi-legal orders and customary laws in certain localities. In the case of imple-
menting the post-disaster recovery (PDR) provisions of the PDRRMA, legal plu-
ralism exists in the numerous official laws and regulations that govern housing and
relocation in the government’s low-cost housing program and post-disaster man-
agement. In the case of the PDR of Typhoon Ketsana victims, formal legal plu-
ralism exists in the various national and local laws and implementing rules and
regulations that assist and implement the PDR provisions of the PDRRMA.
Moreover, the pluralism surrounding Philippine PDR housing and relocation is

F
not only in terms of formal and official state laws, rules, and regulations but also

O
includes in terms of informal cultural normative orders among the various agencies
and organizations that assist the government’s PDR project. This normative plu-

O
ralism that implements the PDRRMA’s PDR provisions has resulted in polycentric
interpretation and implementation of the law and numerous negative unintended
PR
consequences. The short and broad provisions of the PDRRMA regarding the
adequate PDR housing and relocation of disaster victims and the absence of a
one-stop disaster-management agency of the government result in the reliance of
the PDRRMA on a wide range of state and non-state laws, as well as other
non-legal and cultural normative orders of the various formal and informal or public
ED

and private organizations, to achieve its PDR objectives, particularly regarding the
housing and relocation provisions of the Urban Development and Housing Act of
1991 (UDHA). The PDRRMA, therefore, competes with other diverse non–
IS

disaster-related Philippine laws under UDHA and other regulations to pursue its
PDR goals.
EV

4.5 The PDRRMA and UDHA

R

The multiple legal normative sources for the implementation of the PDR of disaster
victims created a hybrid order that blurs the project-implementation system.
Government and private agencies can alternately choose from a wide variety of
legal standards—from international, national, or local—to actualize the PDRRMA’s
PDR projects. Although the PDRRMA explicitly aims to be holistic in its approach
to disaster management, the legal provision of the text on long-term rehabilitation
of disaster victims is brief. This lack of comprehensive provisions of the law
on how the PDR program of disaster victims can be actualized has led to the
78 4 Normative Pluralism in Philippine Housing …

eclectic adoption of various housing and relocation laws with diverse legal and
social orientations, which leads to a phenomenon called “legal polycentricity.”4
The complex nature of the PDR of a major disaster, such as Typhoon Ketsana,
which requires the participation of various public and private agencies and their
intermediary networks, at both the national and local levels, has further complicated
the existing legal pluralism and polycentric direction of the PDRRMA’s long-term
PDR program. This complexity and polycentricity start with the complex and
multiple government agencies in the housing and land-administration sectors and
their real-estate laws, rules, and regulations in the government’s housing sector and
housing for disaster victims and government agencies.
In addition to the PDRRMA, other juridical fields and housing and relocation
laws, primarily intended for the resettlement of the urban poor not affected by
natural disasters, determine the post-disaster recovery of Typhoon Ketsana victims
in Rodriguez, Rizal. In the absence of a comprehensive disaster system that

F
specifies the PDRRMA’s broad provisions on post-disaster housing and relocation,

O
other existing laws that have their own distinct orientation, such as the UDHA (R.
A. 7279), are used to supplement the PDRRMA’s inadequate recovery provisions.

O
Thus, the PDRRMA is only one of the many state laws that directly and indirectly
deal with low-cost housing and resettlement of internally displaced people.
PR
Contrary to the formalists’ claim that the state’s official legal system is unified,
official laws on relocation and socialized housing in the Philippines are polycentric,
i.e., they come from different legal sources whose social fields do not necessarily
relate to the recovery of disaster victims.
Although the PDRRMA speaks of a holistic approach to disaster management, it
ED

still relies on the non-disaster legal orientation of the UDHA as well as the over-
lapping and numerous Philippine laws, rules, and regulations on housing, reloca-
tion, and land administration that support it. As expressed in Section 29, UDHA’s
IS

primary objective is to implement the relocation and resettlement of persons living

in dangerous areas—such as esteros, railroad tracks, garbage dumps, riverbanks,
shorelines, waterways, and in other public places as sidewalks, roads, parks, and
EV

4
Polycentricity is a result of legal pluralism, i.e., using legal sources from different sectors of one
R

legal system (Hanne Petersen & Henrik Zahle eds., 1995). The principle of statutory construction,
called Enterpretare et Concordare Leges Legibus Est Optimus Interpretandi Modus, states that
every statute must be construed and harmonized with other statutes so as to form a uniform system
of jurisprudence. Thus, policy implementers construed and harmonized the post-disaster provi-
sions of the PDRRMA must be construed and harmonized with other statutes on relocation and
housing of the urban poor under UDHA of 1992 despite the fact they have different orientations:
The former is primarily for disaster victims, whereas the latter is for the forced relocation for
victims of demolition or urban poor residing in danger zones. Furthermore, the doctrine of nec-
essary implication states that what is implied in a statute is as much a part thereof as that which is
expressed. Every statute is understood by implication to contain all such provision as may be
necessary to effectuate to its object and purpose. See: http://aginglawyer.blogspot.com/2012/10/
statutory-construction-made-easy-by.html. Socio-legal. Scholars, however, rejected this assump-
tion and believe that use and hamonization of various laws of various sectors within the national
legal system can only result in polycentricity and negative unintended consequences.
4.5 The PDRRMA and UDHA 79

playgrounds” —not victims of natural and man-made disasters.5 In this sense, the
UDHA is primarily intended not for PDR but for the relocation of urban poor and
informal settlers who live in danger zones and public areas or those who are forced
by demolition of the local governments to leave their makeshift homes in public
areas and resettle in government relocation areas.
The UDHA specifies the criteria of selecting housing beneficiaries (Section 16)
and the provision of basic services (Section 21) in the relocation site despite its
being a non-disaster legislation. UDHA’s legal provisions are cascaded and adopted
by the Local Government Units (LGUs) in their socialized housing and relocation
programs in the light of PDRRMA using the LGU legal guide for relocation
through the city or municipal housing and relocation office. In the Municipality of
Rodriguez, for instance, the Housing and People’s Development Office (HPDO),
which has its own legal and social fields in interpreting and implementing the
PDRRMA, used the UDHA and the LGU Guide in evaluating applications of local

F
disaster victims applying for socialized housing at the NHA’s relocation site as well

O
as evaluating whether its relocation system is in accordance with the state law.
Aside from UDHA, other national laws have established government corporations

O
that build, manage, and provide housing loans to beneficiaries, secure and insure the
mortgages of borrowers, and oversee the entire socialized housing program of the
PR
government.
Finally, some international laws on adequate housing and relocation of disaster
victims are also currently used to aid the PDRRMA and UDHA in realizing its
post-disaster recovery provisions. The Philippines is a signatory of international
treaties and conventions on humanitarian assistance and disaster management under
ED

the United Nations. Section 2(b) of the PDRRMA explicitly states that it aims to
“[a]dhere to and adopt the universal norms, principles and standards of humani-
tarian assistance and the global effort on risk reduction as concrete expression of the
IS

country’s commitment to overcome human sufferings due to recurring disasters.”

By adhering to international standards, the PDRRMA recognizes the global stan-
dards on adequate housing and relocation because the Philippines is a State Party of
EV

the United Nation’s Committee on Economic, Social, and Cultural Rights

(ICESCR) and a signatory of international disaster laws (e.g., Hyogo Framework)
on the relocation and recovery of displaced people within borders under the United
R

Nations’ “Guiding Principles on Internal Displacement”. This set of international

laws also specifies the PDRRMA’s general provisions for post-disaster recovery
and thus adds to the existing legal pluralism of post-disaster management in the
Philippines.
Owing to the lack of sufficient legal provisions for the post-disaster recovery
process of disaster victims, the Philippine Disaster Risk Reduction Management
Act of 2010 (PDRRMA) adopted and inherited the pre-existing legal pluralism and

5
Republic Act No. 7279, “An act to provide for a comprehensive and continuing urban devel-
opment and housing program, establish the mechanism for its implementation, and for other
purposes” is available at http://www.chanobles.com/republicactno7279.htm#UOPPRazfgwo.
80 4 Normative Pluralism in Philippine Housing …

diversity of formal and informal normative orders of the existing resettlement

system under the Urban Development and Housing Act of 1992 (UDHA). The legal
and non-legal normative plurality in the Philippine real-estate business complicates
the relocation project under PDRRMA, particularly regarding the legal and
bureaucratic requirements in government relocation and housing projects and the
informal cultural norms of various PDR participating groups. It also created neg-
ative unintended consequences for the post-disaster recovery (PDR) of Typhoon
Ketsana victims in Southville Rodriguez Housing Project (SRHP) in the Province
of Rizal, Philippines. What follows is an overview of the complexity of the basic
laws, procedures, and regulations, at both the national and local levels, of the
government relocation and housing process. It also identifies the dominant informal
normative orders of the hegemonic groups and actors in the PDR project and how
they create some negative unintended effects to the PDR of typhoon victims.

F
O
4.6 Multiple Housing Laws and Government Agencies

O
The PDRRMA was enacted explicitly to decrease disaster risks, reorganize the
PR
disaster organization of the government, and provide post-disaster assistance to
disaster victims. Thus, to realize its holistic disaster approach and PDR objectives,
more specifically regarding the relocation and housing of disaster victims, the
PDRRMA must rely on the complex pre-existing housing structures and agencies
of the national and local governments.
ED

Under the present set-up, the Philippine government’s socialized housing pro-
gram is managed by four key government corporations in accordance with
Executive Order (E.O.) No. 90, series of 1986: National Housing Authority (NHA),
IS

National Home Mortgage Finance Corporation (NHMFC) or popularly known as

Pag-ibig, the Housing and Land Use Regulatory Board (HLURB), and the Home
Guarantee Corporation (HGC). All of these corporations are governed by major
EV

government legislations, and they create their own corporate laws, rules, and cir-
culars to perform their mandate. Because of this, one can easily see the legal
pluralism in state laws and rules at the national level with regard to low-cost
R

housing for the urban poor and disaster victims. This pluralism excludes the mul-
tiple semi-autonomous informal rules and cultural standards of private businesses
performing the government’s housing projects.
The most important government housing corporation on which the PDRRMA
must rely is the National Housing Authority (NHA). This agency, which was
established by virtue of Presidential Decree (P.D.) 757 on July 31, 1975, is the
umbrella agency of the government’s low-cost housing programs. Its charter law
later was amended by Executive Order (E.O.) Number 10 on March 26 1986, and
by E.O. No. 20 on May 28, 2001, to strengthen the NHA’s housing mandate and
placed it under the supervision of Housing and Urban Development Coordinating
4.6 Multiple Housing Laws and Government Agencies 81

Council (HUDCC), which is the overall coordinating body for all of the govern-
ment’s housing agencies.6 Under its charter, the NHA is the sole government
agency tasked to engage in direct shelter production to the lowest-earning 30% of
urban income–earners through slum upgrading, squatter relocation, and develop-
ment of sites and services and construction of core housing units (COA Report,
2004). The NHA, as a national agency, has the rule-making power to pursue its
mandate. In this sense, the PDRRMA is dependent on the NHA directives, rules,
and regulations for its PDR, especially in terms of the provision on housing,
resettlement, health care, educational services, and livelihood needs of disaster
victims. Although the UDHA expressly states that the local government unit (LGU)
has the main responsibility for providing livelihood, coordination with the NHA is
necessary to achieve this (UDHA, Article VI, Urban renewal; and resettlement,
Section 29, Resettlement). The LGU cannot initiate livelihood programs without
the approval and support of the NHA, which establishes the socioeconomic

F
infrastructures in relocation area and manages the housing project while the houses

O
are still amortized by beneficiaries.
Aside from the NHA, the PDRRMA is also dependent on other public corpo-

O
rations established by another bodies of law in order that disaster victims in a PDR
project can receive low-cost housing and secure government loans. One of these is
PR
the National Housing and Mortgage Fund (NHMF), popularly known as Pag-ibig.
The financing of post-disaster housing of calamity victims is performed by this
agency under the supervision of HUDCC. The Presidential Decree 1216 of 1977
mandated that all low-cost housing programs of the government are to be financed
by the NHMF or Pag-ibig Fund through its implementing arm—the Social Housing
ED

Finance Corporation (SHFC), also known as the Community Mortgage Finance

(CMF).7 The NHMF, like the NHA, has its own charter that enables it to issue
directives and rules in pursuance of their mandate, which can ultimately affect the
IS

capacity of the urban poor to secure loans from CMF for land acquisition and to pay
for their housing units in the relocation.
To enable beneficiaries to receive socialized housing in the relocation area—in
EV

this case, the Typhoon Ketsana victims in Rodriguez, Rizal—the CMP provides the
necessary loans and mortgage programs to the NHA through Pag-ibig. The NHA,
in turn, acts as the collection agency of Pag-ibig for the amortization of the relo-
R

catees’ housing loans. The beneficiaries pay their monthly amortization directly to
NHA local offices; the Rodriguez Typhoon Ketsana victims pay directly to the
NHA office located in Kasiglahan Village 1, Rodriguez, Rizal.
However, before relocation and housing units are ready for the disaster victims,
other agencies, with their own set of laws and rules, contribute to the legal pluralism
of the PDR system and can delay any new post-disaster housing project for disaster

6
http://nha.gov.ph/about_us/brief_history.html.
7
The Community Mortgage Program (CMP) is a financing scheme established in 1988 and
managed by the Social Housing Finance Corporation (SHFC), a wholly owned subsidiary of the
NHMF, that provides long-term mortgage loans to organized informal settler families (ISFs) for
land purchase and housing development (Ballesteros, 2015).
82 4 Normative Pluralism in Philippine Housing …

victims. Aside from the NHA, the Housing and Land Use Regulatory Board
(HULRB) must perform its function of providing technical assistance to the private
developers and government agencies in identifying suitable land for relocation sites.
Under Executive Order No. 648 c. 1981, the HULRB is the planning, regulatory,
and quasi-judicial instrumentality of government for land-use development with a
mission to promulgate and enforce policies on land use, housing, and homeowners
associations. It is the lead agency that provides technical assistance to local gov-
ernment units in the preparation of comprehensive land-use plans; the regulation of
housing, land development, and homeowners association; and adjudications of
disputes related thereto.8 In relation to relocation, the HLURB ensures rational land
use according to the rules of the UDHA. It deals directly with private developers
and builders of relocation sites accredited by the NHA. It provides them with
licenses, clearances, and registrations for housing and subdivision projects. Thus, it
determines the suitability and accessibility of the socialized housing project before

F
it issues the necessary permits, registrations, and clearances to developers. The

O
accredited NHA real-estate developers and contractors must pass through this
agency before they build their relocation sites and construct housing units.

O
Finally, the Home Guarantee Corporation Act of 2000 (Republic Act No. 8763)
created another national housing agency that handles the guarantees and insurance
PR
of all government housing mortgages including those of the NHA—the Home
Guarantee Corporation (HGC). The HGC encourages banks and financial institu-
tions to lend money to individual home buyers and housing developers and pro-
vides assurance to these lenders and housing investors by issuing loan and
securitization guarantees. However, the NHMFC or Pag-ibig remains in charge of
ED

directly lending money to housing developers and individual/group borrowers,

although the insurance of these loans comes from the HGC.9
To ensure coordination of all these major government agencies and accom-
IS

plishment of the goals of the housing program of the government, the

former President Corazon C. Aquino, by virtue of Executive Order No. 90, further
created the Housing and Urban Development Coordinating Council (HUDCC),
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which was established in December 1986 as the umbrella agency or coordinating

body of all government’s housing projects headed by a national housing czar
appointed by the President who sits as the ex-officio Chairman of the Board of all
R

these major housing corporations.10 This government agency, which is directly

under the Office of the President, serves as the overseer, overall coordinator, ini-
tiator, facilitator, and evaluator of all government policies, plans, and programs for
the housing sector. To perform its functions, it also issues rules and circulars to
guide these four government corporations involved in housing. On 25 May 1989

8
http://hlurb.gov.ph/about-us/.
9
http://www.hgc.gov.ph/faqs.html.
10
Commission on Audit (COA), Housing Program of the Government, Housing and Urban
Development Council, Overall Report (Management Services, Report No.2004–02, Sectoral
Performance Audit). Available at: http://www.coa.gov.ph/GWSPA/2004/HP04.asp.
4.6 Multiple Housing Laws and Government Agencies 83

Office of the Vice President

Housing and Urban Development Council (HUDCC)

F
O
HDMF HGC HLURB NHA

O NHMFC SHFC

Fig. 4.1 Organizational chart of the national housing agencies under the Housing and Urban
PR
Development Council (HUDCC). Source www.hucc.gov.ph

and May 28, 200, Executive Order No. 357 and Executive Order No. 20, respec-
tively, were issued to strengthen the HUDCC into a department-level organization
ED

by conferring it the power to exercise overall administrative supervision over the

key housing agencies. In 1992, the Urban Development and Housing Act (RA
7279) mandated the HUDCC to direct the formulation of a National Urban
IS

Development and Housing Framework in coordination with the Local Government

Units and other public- and private-sector agencies. From 1986 to the present,
several executive and legislative issuances, including the three laws mentioned
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previously, have authorized the HUDCC with specific functions and/or required it
to undertake certain tasks related to housing and urban development (Fig. 4.1).11
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4.7 Philippine Laws Governing Relocation and Housing

Building a new resettlement site can be a very complex and slow process due to the
existing laws, rules, and procedures. The current relocation and housing laws and
procedures in the Philippines are clearly not intended for emergency situations such
as disaster recovery. The resettlement under UDHA is apparently intended for
non-emergency cases. Relocation of the urban poor by the local government due to

11
http://www.hudcc.gov.ph/content/history.
84 4 Normative Pluralism in Philippine Housing …

slum upgrading or demolition is a gradual process that requires a longer time.

Serving several notices and negotiation between the local government and affected
communities, for instance, requires time for the government to plan the relocation
and housing program for those being relocated. Authorities know that the
Philippines is one of the most disaster-prone countries in the world and that a strong
typhoon can hit the country at any time. Yet legal and social infrastructures have
not been put in place to deal with disasters. Various supporting laws to the
PDRRMA are complex, unharmonized and, at times, overlapping and in conflict
with each other that cause delays and numerous negative effects to the rehabilitation
of disaster victims. A review of the many national and local laws and procedures on
government relocation and housing alone indicates that resettlement of disaster
victims under the UDHA is a long and tedious process if official laws are to be
implemented fully. The relocation under the UDHA is therefore unresponsive to the
urgent character of PDR envisioned by the PDRRMA and by international housing

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conventions.

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4.7.1 National Level
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The first set of laws at the national level—with which the NHA, developers, and
local government must follow to ensure the safety of disaster victims and the
adequacy and suitability of the housing and relocation provision of the PDR pro-
gram—deals with the building, construction, and environmental requirements and
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standards in setting up a new resettlement.

To ensure public safety in construction, the National Building Code (NBC) of
the Philippines (P.D. 1096) is one of the most important laws that subdivision
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developers and contractors, including NHA-accredited developers, must comply

with before commencing a relocation and housing project. The provisions of this
code must be applied to the design, location, setting, construction, alteration, repair,
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conversion, use, occupancy, maintenance, moving, demolition of, and addition to

public and private buildings and structures except for traditional indigenous family
dwellings (Section 103, [a]). In particular, Section 104 of the code requires that “[a]
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ll buildings or structures as well as accessory facilities thereto shall conform in all

respects to the principles of the safe construction and must be suited to the purpose
for which they are designed. Thus, no building or construction permit will be issued
by the local government if this code is not followed strictly by construction com-
panies or developers. No resettlement site can be developed, and housing units can
be constructed by the NHA and private developers without complying the basic
construction standards of the NBC. The LGU where the construction of the relo-
cation and housing are located is responsible for issuing this permit to developers.”
Complying with the laws on land registration and titling of subdivision lots and
housing units in the local registry of deeds is another bureaucratic burden devel-
opers must satisfy in order to divide the subdivision lots and sell them to the NHA
4.7 Philippine Laws Governing Relocation and Housing 85

and beneficiaries with Torrens titles annotating that the housing units were con-
structed on these lots.
With regard to architectural and technical specifications for building an adequate
relocation site and housing project for the urban poor, the following laws are also
applied in addition to the NBC and land registration and titling laws: (1) the Urban
Housing and Development Act of 1992 (UDHA), (2) Presidential Decree
No. 957 “Regulating the Sale of Subdivision Lots and Condominiums” (1976), and
(3) its implementing rules and regulations of 2009. These laws describe the basic
technical and architectural requirements for subdivision houses and structures and
require developers to submit subdivision plans that comply with these requirements
based on provisions of the NBC and other construction regulations to the NHA for
approval. Developers must also secure registration certificates and licenses to sell
(Sections 4 and 5) authorizing them to sell subdivision lots or housing units to the
beneficiaries.

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After the subdivision plans are approved by the NHA, the real-estate developers

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then submit the plans to the Director of Land for final approval in accordance with
Section 44 of another law, the Land Registration Act (Act No. 496, as amended by

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R.A. No. 440). Batas Pambansa (B.P.) 220 and its Revised Implementing Rules and
Regulations of 2009 and P.D. No. 344 (or the Accessibility Law) requiring the
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minimum architectural or structural requirements for enhancing the mobility of
disabled persons are another set of laws that provide the different levels of standards
and technical requirements for economic and socialized housing projects in urban
and rural areas. They determine the technical requirements for the suitability,
accessibility, and habitability of the location and housing units in socialized
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housing projects.
Requirements in setting up a relocation and housing for disaster victims do not
usually end up following the technical and architectural standards. To ensure that
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the location and housing project are environmentally safe, developers must deal
with new set of laws on the environment and secure permits and clearances.
Presidential Decree No. 1586 and Presidential Proclamation No. 2146 and its
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implementing rules and regulations require an Environmental Certificate Clearance

(ECC) for relocation projects.12 Moreover, the Department of Environment and
Natural Resources (DENR) Administrative Order No. 2008–20 of March 14, 2000,
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requires developers to comply with the guidelines on engineering geographical and

geohazard assessment as an additional requirement for ECC certificates. The

12
“[R]efers to the document issued by the Secretary or the regional Executive Director certifying
that based on the representations of the proponent and as reviewed and validated by the
Environmental Impact Assessment Review Committee (EIARC), the proposed project or under-
taking will not cause a significant environmental impact; that the proponent has complied with all
the requirements of the Environmental Impact System; and that the proponent is committed to
implement its approved Environmental Management Plan in the Environmental Impact Statement
or mitigation measures in the Initial Environmental Examination” (DENR
ADMINISTRATIVE ORDER NO. 2000–28, Section 2,b). Available http://www.mgb.gov.ph/
Files/Policies/DAO%202000-28.pdf.
86 4 Normative Pluralism in Philippine Housing …

rationale of this administrative order is to ensure that subdivision projects are not
built in areas with geographic, geologic, tectonic, and other natural hazards such as
heavy flooding, strong earthquakes, or massive landslides, which can cause great
loss of life and destruction to property (Section 1). However, before developers can
comply with this geohazard assessment, a certification of PHIVOLCS on active
faults is needed first to identify seismic hazards. Furthermore, a conversion certi-
fication from the Department of Agrarian Reform (DAR) regional office is also
needed to ensure that the land for the relocation and housing is not covered by the
Comprehensive Agrarian Reform Law (R.A. 6657).
The NHA is also required to coordinate with other government housing cor-
porations and follow with the directives of HUDCC to perform its function of
providing adequate relocation and housing to disaster victims. This coordination
implies a multiplicity of corporate legal orders because each of these government
housing organizations follow their own legal charters and create their own internal

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rules and circulars to perform their respective functions. A perusal of all of these

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laws and legal requirements indicate that despite the legal plurality, adequate legal
prescriptions that guide authorities in determining the suitability and accessibility of

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the relocation area, as well as the adequacy of the housing project, are confusing.
Most of these laws and rules on resettlement and housing are compiled into one
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document at the local government level as a guide for local government units
(LGUs)—the LGU’s Guidebook for Local Housing Project/Program issued by the
Housing and Urban Development Coordinating Council (HUDCC). Unfortunately,
none has been published at the national level as an overall guide for private
developers and interested parties who may wish to monitor and evaluate the ade-
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quacy of relocation and housing in NHA-owned resettlement areas. Most of the

large-scale, low-cost housing and relocation project, such as the Southville
Rodriguez Housing Project (SRHP) commence their projects with national housing
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agencies supervised by HUDCC before they are implemented in the LGUs.

The process of providing adequate housing and relocation for the PDR of dis-
aster victims is not immune from this legal pluralism and bureaucratic burdens.
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Developers and housing organizations must deal with this multiplicity of rules,
agencies, and bureaucratic requirements. They must also address coordination
problems involving various government housing corporations and agencies and
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their intermediary networks before they can complete a resettlement project. This
situation creates delays and thus not conducive to PDR projects for disaster victims
who need an immediate response. For instance, it takes an average of one year for
developers to obtain approval of permits and licenses for a relocation and housing
project and another year before beneficiaries’ loans can be released or taken out by
the NHMFC so that the housing units can be distributed and occupied by benefi-
ciaries (Ballesteros, 2002, p. 26). The actual occupation of the housing units by
beneficiaries can even be delayed depending on the political clout of the developer
with the housing bureaucracy to expedite the building process as well as the ben-
eficiaries’ connections with political patrons.
The government’s direct intervention on the country’s land use is primarily
implemented through a land development–control system, which requires that
4.7 Philippine Laws Governing Relocation and Housing 87

changes in land use and the building of structures on land must pass through a
system of permits and licensing (Ballesteros, 2000). The areas of government
intervention include land use, subdivision development, building regulation, and
environment control. To achieve this, the national and local governments require
various and numerous forms of permits and licenses to all residential subdivision
developers including the NHA-accredited low-cost housing developers for urban
poor and disaster victims.
The five major permits that had to be secured under this process include the
following:

Type Description
Development This refers to the permission granted with regard to compliance with
permit subdivision standards and regulations based on the criteria provided
under PD957 for subdivision and condominium developments or BP220

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for socialized and economic housing developments
Building permit This permit refers compliance with the National Building

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Code of the country. It gives the applicant the “go signal” for
construction activities to start
Environmental
permit
This has two forms:
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1. Environment Certificate (EC): This is a certification that the project is
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not hazardous or has no adverse effect on the environment. It is required
for all types of land development whether high-rise or subdivision
developments
2. Environment Compliance Certificate (ECC): This is a requirement for
projects undertaken in zones that do not conform to the approved zoning
ordinances of LGUs or in areas considered “environmentally critical” by
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the Department of Environment and Natural Resources (DENR). The

issuance of an ECC is based on systematic studies assessing the effects of
a project on human health, biophysical/ecological, geophysical and
socioeconomic aspects of the community
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Conversion This permit is obtained when agricultural lands are to be used for urban
clearance activities. The clearance may be obtained either as an exemption or
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conversion certificate (AO 6 series of 1994). An exemption clearance is

issued for agricultural lands classified or zoned as non-agricultural based
on Town Plans approved by the HLURB before 15 June 1988 (i.e.,
before the CARP Law)
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License or permit This permit provides the owner of the property the authority to sell any
to sell subdivision lot or condominium unit that result from a land development
process. It is acquired after the development, and building permits have
been issued. A license to sell also requires certifications from the utility
companies (i.e. MERALCO, LWUA), a performance bond and
publication. The performance bond guarantees the full development of
the project

These numerous bureaucratic and legal requirements in the housing and land
development process can significantly increase the costs and delays in constructing
resettlement projects for PDRs. Due to the various permits, clearances, and licenses
88 4 Normative Pluralism in Philippine Housing …

Table 4.2 Residential subdivision development: Permits and licensing

Criteria Year
1990 1998
No. of agencies 9 31
Approximate no. of approving personnel 27 155
Total no. of requirements 45 160
Time frame (months)a 4.5 18
No. of permits/clearances 16 14
No. of repeating requirements 6 16
a
Time frame under normal circumstances. There are cases when the time frame is longer due to
certain circumstances such as the following: (1) overlapping approved subdivision plans (LMB);
(2) disagreements with farmers, tenants, or illegal claimants; (3) disagreement among LGU
personnel or between the LGU and national government agencies; and (4) social pressure (Report
of the Office of Special Assistant to the Executive Vice President, Filinvest, 1998 as cited in

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Ballesteros, 2000).

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that must be obtained by developers from various government agencies, the com-

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pletion of a new resettlement can take 2–3 years (Valte, 2013, p. 8) (Table 4.2).
With this complexity of requirements and delays, the Philippine government was
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caught off guard by the need to construct new relocations and housing units when
Typhoon Ketsana (Ondoy) struck the country in September 2009. Many homeless
typhoon victims waited for months in temporary shelters or evacuation tents before
gaining access to the relocation sites. To expedite the construction of new houses
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for the numerous homeless Ketsana victims in 2010, developers had to start from
scratch. To avoid long delays and red tape, they merely extended existing reloca-
tion plans, permits, and clearances of the Erap City relocation-site master plan
instead of applying for new business permits, clearances, and registrations for the
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relocation sites of Typhoon Ketsana victims.

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4.7.2 Local Level

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Legal safeguards also exist at the local government level to guarantee that the
relocation of and housing for the urban poor and disaster victims are both safe and
adequate. The identification of sites suitable for resettlement and socialized housing
is not completely determined by national agencies such as the NHA. The local
government units (LGUs) also play an important role in the identification and
selection of suitable sites for socialized housing. The UDHA has mandated that city
and municipal governments—in coordination with the National Housing Authority
(NHA), Housing and Land Use Regulatory Board (HLUB), the National Mapping
Resource Information Authority (NMRIA) and the Bureau of Land (BL) —within
one year after the effectivity of this law must provide updates every 3 years
thereafter to conduct an inventory of all lands and improvements within their
4.7 Philippine Laws Governing Relocation and Housing 89

territory in order to identify suitable sites for socialized housing. After this
inventory, the LGU shall identify lands for socialized housing and resettlement
areas for the underprivileged and urban poor, and, under the PDRRMA, for the
poor and homeless disaster victims, “taking into consideration the degree of
availability of basic services and facilities, their accessibility and proximity to job
sites and other economic opportunities, and the actual number of registered bene-
ficiaries” (UDHA, Section 8).
To ensure that the UDHA provisions on site suitability for socialized housing are
followed, the Housing and Urban Development Coordinating Council (HUDCC)
recommended the use of the LGU’s Guidebook for Local Housing Project/Program.
This guidebook provides a step-by-step information on setting up a resettlement to
assist LGUs in the formulation and implementation of their respective local housing
programs. This document details the basic steps, procedures, and requirements in
the formulation of a shelter plan including various housing schemes for the LGUs

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low-income constituents and implementation of local housing programs and pro-

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jects on the basis of their specific mandates under the law.13 It also contains
provisions on basic services and facilities as well as livelihood program in the

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relocation sites. The UDHA expected the LGUs to be the main implementer of the
government’s relocation and socialized housing program for the urban poor after
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the decentralization trend in the Philippine government when it was enacted in
1992. The Local Government Code (R.A. 7160), which was enacted in 1991 to
provide greater power and autonomy to local governments in provinces, cities,
municipalities and barangays, mandated that LGUs must provide shelters for the
homeless in their own jurisdictions. However, this legal provision has not yet been
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fully realized because most LGUs lack the capacity to finance and manage the
relocation and housing for the homeless through their own locally-sourced funds.14
In its latest assessment, the Bureau of Local Government Finance (BLGF), a
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government unit under the Department of Finance (DOF), reported that many
LGUs throughout the country continued to rely on the national government’s
subsidy or the so-called Internal Revenue Allotment (IRA) rather than on gener-
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ating local revenues for their own budgetary needs. In 2012, for instance, it reported
that LGUs throughout the Philippines collected only PHP 84.57 billion from locally
sourced income as opposed to the amount the IRA released to LGUs for the same
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year, which amounted to PHP 273.31 billion.15

Ironically, LGUs are in a better position to understand the socio-cultural aspects
of the relocation and housing needs of their constituents than the NHA. Therefore, it
is more desirable that LGUs determine the PDR and resettlement project of their
own disaster victims and not the national housing corporations, such as the NHA
which do not have direct contact with the homeless victims. However, the lack of

13
http://www.creba.ph/images/Housing%20Library/HUDCC%20LGU%20Guidebook%20for%
20Local%20/Housing.pdf.
14
http://www.eastasiaforum.org/2010/03/27/reforming-housing-for-the-poor-in-the-philippines/.
15
http://www.businessmirror.com.ph/3-year-review-finds-most-lgus-unable-to-raise-own-funds/.
90 4 Normative Pluralism in Philippine Housing …

locally sourced funds, reliance on the IRA, and the lack of capability to manage
resettlements have forced LGUs to depend instead on the national government’s
housing program for the resettlement and housing needs of their constituents
through the NHA to rehabilitate their own local disaster victims. Thus, in the case
of Typhoon Ketsana victims, mayors of LGUs in Metro Manila and nearby pro-
vinces sent their own disaster victims to NHA-built relocation sites such as
Southville Rodriguez. This results in off-city or near-city relocation, which detaches
the disaster victims from their jobs and livelihood and encourages them to sell or
lease their housing units to return to their old location and resume their livelihood
activities.16
Sanggunian (Council) ordinances on disaster (city or municipal councils or
legislatures) can also affect PDR projects. On the recommendation of the Local
Disaster Risk Reduction and Management Councils (LDRRMCs) in preparing for,
responding to, and facilitating recovery from the effects of any disaster, the local

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council or sanggunian can decrease property taxes and interest rates after a calamity

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(IDMC, 2013, p. 8). It can also declare a relocation area as unfit for resettlement. In
Rodriguez, Rizal, for instance, a portion of the Kasiglahan Relocation area was

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declared in an ordinance by the local council as unfit for habitation after it was hit
by a massive flooding.
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4.8 Stages of Resettlement Projects
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The intricacy of the legal and bureaucratic requirements in obtaining construction

permits, clearances, registrations, and other real-estate requirements, constitutes
only a small portion of the much more complex process of finishing a resettlement
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project for the rehabilitation and housing of disaster victims under the UDHA.
Completing the major stages of the resettlement project is even more legally
tedious, time-consuming, and costly. Under existing UDHA and NHA laws and
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procedures, a relocation and housing project must undergo four long stages with
several time-consuming activities in each phase: (I) the pre-relocation or
social-preparation phase, (II) relocation, (III) post-relocation and (IV) estate man-
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agement. Phases I–III cover the project-development stage, whereas phase IV

comprises monitoring and estate management (Ballesteros & Egana, 2012). Under
the LGU’s Guidebook for Local Housing Project/Program, the following are the
procedures involved in the preparation and implementation of resettlement project
(LGU Guidebook, p 20):

16
A near-city or off-city relocation is usually approximately  40 km from the relocatees’ original
residence. This implies displacement of families from their current sources of livelihood, school,
and other services to which they previously had access (ATDFW Oct 2013 position paper).
4.8 Stages of Resettlement Projects 91

The step-by-step procedures to be observed are as follows:

1. Pre-Implementation
• Project Identification
(a) Resettlement planning
(b) Baseline survey
(c) Evaluation of sites
(d) Selection of sites
2. Project Preparation
• Community organization and participation
• Plan preparation
• Compensation scheme and eligibility criteria

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3. Project Appraisal and Financing

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• Feasibility Study
• Identification of funding
• Identification of resource requirements
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4. Detailed Engineering
• Architectural and Engineering Designs
5. Implementation
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• Relocation
(a) Site acquisition
(b) Project construction
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(c) Land registration, titling, and payment of compensation

(d) Award - Transfer arrangement
(e) Strengthening community organization
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• Resettlement and Rehabilitation

(a) Access to employment, training and credit
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(b) Shelter, infrastructure, social services

6. Post-Implementation
• Estate management
• Monitoring, appraisal, and evaluation
If stage 5 that implements the resettlement project and developing the relocation
site is considered the most complex, time-consuming, and costly phase, stage 1 is
said to be the longest, most tedious and critical process of all of the stages. It
involves the creation of committees and sub-committees and lengthy consultations
between the community of beneficiaries, the NHA, the LGU, and the developer of
the relocation and housing. This set-up is indeed unresponsive to the PDR of
92 4 Normative Pluralism in Philippine Housing …

disaster victims in case no relocation and housing units are available after an
unexpected major calamity such as Typhoon Ketsana that hit the Philippines in
2009. This situation also happened to the victims of Typhoon Yolanda (Tropical
Storm Haiyan) in Tacloban and Leyte. If one merely follows the usual procedures
of building relocation sites according to existing laws, phase II for Yolanda victims
is already time-consuming, complex, and costly, how much more if Phase I is
accomplished first before a suitable relocation can be given to disaster victims?
Delays can deprive disaster victims of the necessary PDR to urgently build their
shattered lives. Thus, the national and local authorities were forced not only to build
temporary shelters in Yolanda-stricken areas but also to simplify the usual
bureaucratic and legal procedures and burdens to immediately rehabilitate thou-
sands of homeless typhoon victims. The numerous procedures required by the
UDHA which can create delays for resettlement projects, are not feasible for the
immediate housing needs of disaster victims. However, under the present legal

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normative set-up, the Philippine government has no choice but to comply with the

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housing and relocation laws under UDHA in the absence of a more comprehensive
PDR law that governs post-disaster management.

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4.9 Plurality of Informal Normative Orders

The plurality of norms does not only exist in implementing the PDR of disaster
victims under the PDRRMA but also in the intermediary and informal normative
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orders of the various intermediary groups that govern the inter-agency relations
between government corporations as well as between private and public corpora-
tions involved in the government’s system of relocation, housing, and post-disaster
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management. Before the PDRRMA was enacted in 2010, there were already
kalakaran, or pre-existing formal and informal agreements and customs (naka-
gawian), between the various government and private organizations involved in the
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relocation and housing of the urban poor under the UDHA. These pre-existing ties
and informal rules or customs constitute the semi-autonomous social fields that
compete and alter the official law. The new PDRRMA did not sideline the modes of
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thinking and ways of doing things of people already in the low-cost housing and
relocation of the government under UDHA. The old thinking or habitus of people
of various public and private agencies working under UDHA was merely extended
for the long-term PDR of disaster victims through groups or actors who just con-
tinued their relocation and housing projects for PDRRMA. “[E]ach member of an
organization brings to it a habitus formed under specific past conditions, some of
which will be shared with other members and some of which will differ from them
substantially” (Emirbayer & Johnson, 2008, p. 4). Despite the new PDRRMA’s
legal provisions for PDR of disaster victims, the habitus and the various informal
normative standards of implementers who work under UDHA continued to domi-
nate the actual PDR of Typhoon Ketsana victims.
4.9 Plurality of Informal Normative Orders 93

One of the most powerful determinants that influence the habitus and disposition
of law enforcers or program implementers of PDRRMA in actualizing the official
law are the dominant cultural normative values that shape informal rules and be-
havior of people under pre-existing UDHA cultural setting. Each organization or
agency, whether public or private, has its own corporate culture, i.e., “customary
and traditional way of thinking and doing things, and which each member must
learn and at least partially accept, in order to be accepted into service in the firm.”17
In addition, government agencies have their own corporate cultures that shape the
thinking and behavior of agency members. Although each organization or agency
has its own organizational culture, people and groups can form alliances and net-
works bonded by some common cultural values that shape their common ties.
Configurations of values may vary from one organization to the next. However,
these values are generally taken from the dominant values of the larger society. In
the Philippines, some of the popular and influential cultural values that shape social

F
interaction as well as interpersonal and inter-organizational behavior and thus, in

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this case, affect the implementation of the PDRRMA include pakikisama, (cama-
raderie) palakasan, (patronage), kanya-kanya (follow one’s self or group), and

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utang-na-loob (debt-of-gratitude). They also include other informal Filipino rules
of reciprocity and personalism. Filipinos are personalistic in their ways: To them,
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loyalty, commitment, and pakikisama (camaraderie) are more important than
nonpersonal traits such as efficiency and effectiveness (Franco, 1986, p. 36).
The Philippines has a strong legal tradition that originated from the Spanish era
when the Spanish and Penal Codes were introduced into the country and reinforced by
the American legal system during the American period with the transplantation of new
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commercial laws in the legal system. Despite this, customary laws and quasi-legal
orders and other normative social fields, often shaped by dominant Filipino cultural
values, compete and resist official laws resulting in unintended consequences differ-
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ent from the law’s objectives. The PDR program for disaster victims under the new
PDRRMA, such as that of Typhoon Ketsana victims in Rodriguez, Rizal, is no
exception to this cultural and behavioral patterns in the Philippines. Despite the clear
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legal provisions of the Philippine procurement laws on the public bidding of gov-
ernment projects, such as low-cost housing, for instance, palakasan continues to
determine winning bidders. Those who have strong connections with top housing
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officials often get lucrative government relocation contracts.

Crucial to the determination of the adequacy and quality of relocation sites and
housing is the social field between the NHA and private developers, notwith-
standing other informal social fields between top public officers and executives of
developers. Under the NHA law, the NHA can purchase privately owned lands for
housing and relocation purposes and develop them through joint ventures or other
arrangements with private developers (Section 6). The NHA has accredited

17
Definition of culture in organization. Available at http://www.zeepedia.com/read.php?the_
organization_culture_adjustment_to_cultural_norms_psychological_contracts_organization_
development&b=52&c=6.
94 4 Normative Pluralism in Philippine Housing …

developers who establish resettlements and build houses. Owing to a long history of
doing business, these two parties have developed informal ties and reciprocity that
tend to sidestep the original intentions of the law. This situation also happens in the
social fields between private developers, the HULRB, and local licensing and
regulatory units of LGUs. Through long acquaintances as well as social connections
due to regular housing projects, they create informal ties and even illegal con-
nections to facilitate the developer‘s needs in housing business such as land or
subdivision permits, registrations, and clearances. In an interview with the
Municipal Disaster Risk Reduction Management Office (MDRRMO), officials, for
instance, were surprised why SRHP developers were given the necessary permits
and certifications and were able to build the relocation despite the fact that the site is
highly disaster-prone and inaccessible.
Through adoption of the pre-existing plurality of official laws and social fields in
Philippine socialized housing under UDHA, the PDRRMA’s post-disaster recovery

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for Typhoon Ketsana victims in Southville Rodriguez, Phase 8A, created more gaps

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and polycentricity in the enforcement of the PDRRMA’s post-disaster recovery
provisions, resulting in more negative unintended consequences, opposite to what

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the official law provides. The plurality of official laws as well as semi-autonomous
social fields dominated by some negative cultural Filipino values between gov-
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ernment and private organizations affect the implementation of the PDRRMA.
Some of the alliances of the different public and private organizations involved in
the program influenced by some dominant Filipino cultural values of pakik-
isama (camaraderie), palakasan (patronage), kakilala (acquaintance), utang-na-
loob (debt of gratitude) and kanya-kanya (following one's self or group) affect the
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organizational coordination and implementation of the post-disaster-recovery for

Typhoon Ketsana victims. Social acceptance and the cultural norm of reciprocity
are important normative standards in Philippine culture and thus constitute a
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semi-autonomous social field in corporate behavior.

A plurality of social fields with normative standards that govern the PDR of
disaster victims does not only exist in government laws, rules, and regulations but
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also in intermediary social fields that support and implement the PDRRMA’s
long-term PDR goals. The greater the number of laws, the greater the number of
formal and informal social fields and their rules among the public and private groups
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that interpret and enforce them. Multiplicity and complexity of laws and legal and
quasi-legal orders breed more discretion and conflict, which allows interest groups to
exploit the amorphous internal and external legal systems. Tamanaha (2007) argued
that coexisting or diverse bodies of law can result in competing claims of authority,
conflicting demands of norms, diversity of styles and orientations in law enforce-
ment, as well as conflict in coordination. “This state of conflict also creates oppor-
tunities for individuals and groups within society, who can opportunistically select
from among coexisting legal authorities to advance their aims” (Tamanaha, 2007,
p. 1). The diversity of laws and legal orders implies polycentric interpretation and
implementation of the official normative standards and the involvement of more
4.9 Plurality of Informal Normative Orders 95

non-state actors and groups vying with state law enforcers in determining the actual
implementation of the state’s official law on PDR.
The Philippine socialized housing system is not only influenced by official law
enforcers, donors, and legitimate business and bureaucrats but also by professional
squatters, crime and housing syndicates, agents, power brokers as well as
unscrupulous developers, politicians, and public officials who pursue their personal
and corporate interests in competition with the goals of the official laws. The
inadequacy of the legal provisions of the PDRRMA regarding post-disaster
recovery, particularly the dynamics and procedures of providing relocation and
adequate housing to disaster victims, has led to the adoption of a whole complex of
laws, rules, procedures, and other norms on housing and relocation under UDHA
that are not directly related to disaster recovery and thus pose conflict to the
PDRRMA’s PDR goals. The tedious and long process of providing relocation and
housing also allowed the various pre-existing “semi-autonomous social fields” or

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pre-existing and informal contractual relations of the various organizations, groups

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or intermediaries to influence in the implementation of resettlement projects for the
urban poor under the UDHA.

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Before the enactment of the PDRRMA in 2010, there were already pre-existing
social arrangements (kalakaran) and networks (samahan) among various housing
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groups that lobby and influence the implementation of the UDHA and other
low-cost housing laws. Powerful corporate groups—such as NHA-accredited
developers, suppliers, and contractors—have already established their own net-
works and informal rules in the relocation and low-cost housing program of the
government and allied themselves with top government housing corporations in
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such a way as to form a complex chain that can compete with or resist the official
state laws (Moore, 1973).
The PDRRMA explicitly aims to provide disaster victims with a better life in the
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relocation site after a disaster. However, government agencies and their private
partners, which will perform these tasks, already have their own alliances and
nakagawian (customs) on “how to make things done.” For instance, the NHA,
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which is tasked to provide relocation and housing to disaster victims, has already
established networks with LGUs, mayors, private organizations, and corporate
developers. Corporate developers, in turn, also have established their own social
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fields with government coordinating and regulatory agencies such as the

Department of Environment and Natural Resources (DENR) for environment
clearances, Housing and Urban Land Regulatory Board (HULRB) for subdivision
permits and clearances, Registry of Deeds (RD) for land titles, Housing and
Development Coordinating Council (HUDCC) for policy coordination, and other
private suppliers and constructions companies to facilitate other tasks.
96 4 Normative Pluralism in Philippine Housing …

4.10 Key Housing Intermediary Groups

Each social field consists of an intermediary network of two or more individuals or

groups that serve as the bridge between the empirical reality and the official law.
Not all fields oppose or resist the official laws though. Some—such as community
organization or NGOs—lobby and work for the full implementation of the UDHA,
PDRRMA, and other related laws. However, others work to deviate the purpose of
the official law for their own advantage. They have their own hidden agenda and
vested interests which conflict with the envisioned goals of the official law. The
merging of legal and illegal networks through corruption in various organizations
blurs the intended goals of the government’s PDR program. The decriminalization
of squatting under the UDHA is said to have created the unintended effect of
creating various illegal intermediary groups with their illegal informal rules, which

F
undermine the goals of the official state laws. The UDHA or R.A 7279 through R.
A. 8368, which repealed P.D. 772, penalizes squatting with imprisonment. Under

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Section 1:

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Any person who, with the use of force, intimidation or threat, or taking advantage of the
absence or tolerance of the landowner, succeeds in occupying or possessing the property of
the latter against his will for residential commercial or any other purposes, shall be pun-
PR
ished by an imprisonment ranging from six months to one year or a fine of not less than one
thousand nor more than five thousand pesos at the discretion of the court, with subsidiary
imprisonment in case of insolvency.

R.A. 7279 or UDHA, recognizing that squatting is a social problem caused by

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poverty and lack of urban-land reform rather than a problem of criminality,

removed the criminal liability of poor people occupying other peoples’ land. This
law prosecutes professional squatters but explicitly excludes from the definition
individuals or groups who simply rent land and housing from professional squatters
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or squatting syndicates. However, there are no reliable criteria and monitoring tools
to distinguish the legitimate urban poor from illegal groups pretending to be poor
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such as the professional squatters. As a result, illegal groups emerged and took
advantage of the government housing program contrary to UDHA’s pro-poor legal
provisions. The PDRRMA inherited these pre-existing illegal groups when it relied
on the UDHA and its legal infrastructure for the long-term PDR of disaster victims.
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Those who illegally occupy private or public land, called “squatters,” can be
classified into three types of groups: the poor, professional squatters, and squatting
syndicates.

4.10.1 Professional Squatters

One of the most powerful and illegal intermediary groups that oppose the goals of
UDHA and compete with government law enforcers in implementing the official
law are the professional squatters. The UDHA defines “professional squatters” as
4.10 Key Housing Intermediary Groups 97

individuals or groups who occupy lands without the express consent of the land-
owner and who have sufficient income for legitimate housing. The term also applies
to persons who have previously been awarded home lots or housing units by the
government but who sold, leased, or transferred the same to settle illegally in the
same place or in another urban area as well as and non–bona fide occupants and
intruders of lands reserved for socialized housing. The term does not apply to
individuals or groups who simply rent land and housing from professional squatters
or squatting syndicates (Section 3 [m]).
Although the UDHA labeled beneficiaries who sold their home lots or housing
units as professional squatters, not all beneficiaries who sold their awarded homes
in the resettlement area can be considered professional squatters. In SRHP, Phase
8A, for instance, some Typhoon Ketsana victims sold their housing units because of
poverty and expenses of commuting daily to work from the relocation area in the
remote Barangay of San Isidro to some urban centers of Metro Manila. The daily

F
fare alone can eat up almost half of their daily wage or income.

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Professional squatters may vary in form and constitution. However, the most
common form of these squatting groups, according to key informants, are usually

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composed of relatives who are not really poor and homeless but would only want to
avail themselves of the government’s housing program for profit. These people
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usually reside in squatter communities and occupy a publicly or privately owned
land until they become qualified to apply as beneficiaries in the government's
low-cost housing program. After being awarded with housing units, they move
again to another “squatters’ community” and continue their illegal activities. They
either lease or sell to other people the housing units awarded to them by the NHA.
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Some of these people have connections with local politicians and officials who can
assist and protect them in their illegal activities.
The professional squatters are people who see some loopholes in the government
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low-cost housing system to turn the government’s relocation program into a

profitable business. These people are not actually destitute or poor but live in slum
areas or public lands occupied by informal settlers with the goal of gaining a
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housing unit once the NHA transforms them into low-cost housing sites. Once
awarded the units, they transfer to another area to gain another housing unit. One
key informant who is a professional squatter and gainfully working in a super-
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market confessed that he has five different housing units in various government
low-cost subdivisions, which he rents to other people to earn more income. He was
able to acquire these units by residing in various squatter colonies and availing
himself of the NHA housing program.

4.10.2 Squatting Syndicates

There is an overlap in the definition of professional squatters and squatting syn-

dicates. Both are engaged in the business of squatting. The major difference is that
98 4 Normative Pluralism in Philippine Housing …

squatting syndicates are professional squatters who constitute the power elite of a
squatting organization and control one or more squatting colonies. Neal Cruz, in his
newspaper column, aptly describes the role of a squatting syndicate in a squatter
colony:
There is a syndicate behind every squatter colony. When a colony is starting, outsiders will
arrive to organize the squatters into an association, assuring them of protection from
eviction. They collect monthly membership fees of P500 to P1000 from each family,
threatening eviction from the colony if anyone protests. There is no accounting of these
membership dues, which just disappear into the pockets of syndicate members (Neal Cruz,
PDI 23 July 2013). The syndicates have lawyers and enforcement teams composed of
former soldiers and policemen, some of whom still carry their service firearms.18

The UDHA defines “squatting syndicates” as “groups of persons engaged in the

business of squatter housing for profit or gain” (Section 3, [s]). They are informal
and illegal organizations that covertly coordinate the activities of professional

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squatters (Ragragio, p. 7). There is no specific Philippine statute that penalizes

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squatting syndicates. There is no statement in penal-statute books in the country
stating that a person, corporation, association, or organization shall be punished for

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engaging in a squatting business and selling rights over a parcel of land not
belonging to them.19
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The squatting syndicates are similar to professional squatters in a sense both
groups avail themselves of the government’s housing and resettlement programs
illicitly for personal gain. Both are disqualified by law to become beneficiaries of
the low-cost housing of the government intended only for poor people with no real
property. Squatting syndicates operate more like an illegal real-estate enterprise.
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According to informants, these groups have money to bribe unscrupulous NHA

officials to be able to acquire housing units, which they then sell to others for profit.
These people also hire poor people to occupy the housing units. The HPDO and
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Rodriguez law enforcers have already intercepted such people who were about to
enter SRHP in order to illegally occupy some units in the relocation site upon the
orders of housing syndicates who have connections in the NHA.
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Another form of squatting syndicates are the more organized groups of “land
grabbers” who have illegal titles, occupy government-owned lands, and allow their
own people to squat the land. Eleven suspects, for instance, who belong to this
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type of syndicates were arrested in Quezon City. Using a Certificate of Land

Occupancy issued by a certain Allan Bustilo, alleged attorney-in-fact of the Doña
Lourdes Rodriguez Yaneza Estate. This atorney-in-fact shows ownership by virtue
of Titulo de Terrenos Royal Decree OLT 01-4 with TCT No. 38400. The suspects
posed as military reservists and occupied a vacant lot, which owned by the gov-
ernment and held in trust to the NHA inside the National Government Center
Housing Project West MRB Compound in Quezon City, and duped poor people to

18
http://opinion.inquirer.net/55897/squatting-syndicates-victimizing-real-squatters.
19
http://www.philstar.com/headlines/2015/04/10/1442360/anti-professional-squatting-drive-reinforced.
4.10 Key Housing Intermediary Groups 99

join their organization with a promise that they can own a house and lot worth
PHP50,000.20
Another strategy according to informants is that a squatting syndicate occupies
government land with their illegal occupants. When the government converts the
location into a low-cost housing project, this syndicate illegally acquires housing
units and either sell or lease them for profit. Then people then transfer to another
targeted public land and wait for the occupied land to be converted by the NHA into
a low-cost housing project.
Finally, squatting syndicates can illegally acquire housing units in the govern-
ment’s relocation sites directly from the NHA through their contacts in the agency.
Then they hire or contract people to occupy the units in the relocation site. The case
of a group of illegal relocatees riding in dump trucks with an NHA banner bound
for Southville Rodriguez which was intercepted by the HPDO and local law
enforcers, is an example of this illegal strategy of squatting syndicates to take

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advantage of the government’s resettlement program.

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4.10.3 Political Patrons
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PR
The political patrons are incumbent and non-incumbent officials in the national and
local governments who have strong political connections with top government
officers with a network of constituents, relatives, and friends. In the local level, local
politicians in the LGUs can constitute a network of political patrons who control the
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distribution of housing units in the relocation site. These people form a network
primarily based on political affiliation and patronage. In a local government such as
Rodriguez municipality, this scheme comprises the top three politicians in the
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province—the governor, the district congressmen, and the municipal mayor—and

their barangay captains and supporters to form a strong network that controls the
distribution of housing units in the relocation site. These politicians usually belong
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to one political party with the provincial governor as the informal leader of this
group. In Rizal province, a mayor or congressman can hardly win elections without
the support of the provincial governor, who comes from a political dynasty that has
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controlled the provincial and local politics for a long time. On paper, the UDHA
requires that beneficiaries must be poor, homeless without real property, and disaster
victims as demanded by the PDRRMA. However, in practice, access to the gov-
ernment’s resettlement and housing programs is determined by the people who are
directly or indirectly affiliated with the political patrons of the province.
Outside Rodriguez, such as Metro Manila, people can also avail of the housing
units at SRHP through the network of mayor, congressmen, barangay captains, and
their supporters under one city or municipality that forms a powerful group who
determines who among their constituents can immediately receive housing benefits.

20
http://www.philstar.com/metro/453677/quezon-city-squatting-syndicate-neutralized.
100 4 Normative Pluralism in Philippine Housing …

4.10.4 Housing Brokers and Agents

The lack of knowledge of many buyers and beneficiaries on real-estate laws and
procedures, as well as the bureaucratic and complex real-estate system in the
Philippines, has encouraged the active participation of real-estate agents in pro-
cessing housing transactions, including low-cost housing, for the urban poor and
disaster victims. According to informants, there are two types of housing brokers
and agents that can influence the distribution of housing units in the relocation:
(1) legitimate housing brokers and agents of the developers and (2) fly-by-night
informal agents in the relocation area.
Some buyers and beneficiaries deal with brokers and agents without verifying
the authenticity of documents and transactions with the NHA and Land Registration
Authority (LRA). They also approach informal agents of “fixers” to expedite the

F
transaction. Sometimes, they pay the reservation and other fees. The “fly-by-night”
agents are usually recommended by kakilala (acquaintance). However, because

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poor buyers do not have the means and knowledge on how to verify the title and
authenticity of the transaction, double-sales often happened, according to infor-

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mants. In such case, the units promised by agents are already occupied by or titled
to other claimants. At times, buyers or beneficiaries may not immediately aware that
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others are already occupying the housing units. Because housing units are bare,
unfinished, and unfurnished, they delay their occupancy until they have money to
fully develop their units. Once they try to move in, they often discover that other
people have already owned and occupied their units.
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Some of the informal agents do not have license and expertise in real-estate
business. According to informants, a few has just learned the basic steps and
requirements in applying for low-cost housing. Although they only learned the
basic steps, they immediately became informal agents to housing applicants.
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Many of these agents are friends and acquaintances of housing beneficiaries who
illegally sell housing units. They are also residents in the relocation area. According
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to informants, the sale of housing units in SRHP is popular. It is common that some
people who act as agents approach friends or visitors in the relocation site and
invite them to buy the rights of some housing units. Some of these agents may be
relatives or friends of the beneficiaries who also receive some commissions if a sale
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is consummated. To account for the agent’s commission, the contract price of the
rights of the house and lot is usually increased. One informant who sold her housing
unit revealed that she directly sold her rights directly to a buyer to avoid increasing
the selling price. During the researcher’s to the relocation site, he was offered by
these agents to buy some housing units in the area that cost approximately PHP
50,000–100,000 (US$ 1,000–2,000).
Under this illegal arrangement, the buyer of the rights of the housing
unit continues the monthly amortization until the house and lot are fully paid in the
NHA. Then the seller executes an absolute deed of sale transferring ownership to
the buyer. According to the official law, it is illegal for the beneficiary to sell his or
4.10 Key Housing Intermediary Groups 101

her rights to others. He or she would be considered a professional squatter and

could no longer avail of any housing benefit from the government in the future.
The true intention of the PDRRMA is thus frustrated. Most of the buyers are
non-victims of disasters, and some are professional squatters who would also sell or
rent the units to gain profit.
The existence of relocation-housing agents is an unintended effect of the gov-
ernment’s policy of building relocation sites in remote areas and far from urban jobs
and livelihood activities. Because of the cost of the fare, daily expenses, and
inconvenience of traveling long distances just to work in the informal sector, many
beneficiaries sell their housing units with the help of informal agents and return to
their original residence or live as informal settlers near to their former place of work
or trade.

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4.10.5 Major Cultural Informal Normative Systems

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Normative systems operate in networks. Instrumental Filipino values often interact
and overlap with one another to form a normative system and compete with official
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laws and regulations on housing and resettlement projects. In particular, the
awarding of housing contracts and the distribution of housing units in the
post-disaster relocation in the Philippines often follow these normative systems and
sideline the official norms.
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4.10.5.1 The Palakasan Normative System

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Some major informal norms that compete with the implementation of the official
laws on relocation and housing, especially with regard to access, are (1) palakasan
(patronage) and (2) the Padrino (sponsorship) system. These two interrelated
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systems are based on acquaintance (kakilala) rather on merits as demanded by the

official law. They are in consonance with the personalistic character of the Filipino
culture. A secondaryanalysis by Abad (2006) on social capital showed that
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Filipinos tend to approach their families, relatives, and friends for a favor and not
the insignificant others outside of these networks. The more the requesting party is
socially known and connected to the person or party dispensing the favor or
government benefit, the greater the probability of receiving it.

4.10.5.2 The Padrino (Sponsorship) Normative System

The Padrino system in the Filipino culture and politics is a cultural normative
system where one gains favor, promotion, or political appointment through family
102 4 Normative Pluralism in Philippine Housing …

affiliation (nepotism) or friendship (cronyism), as opposed to one’s merit.”21 It

is based on ritual or fictive kinship and created through sponsorship in Catholic
baptism, confirmation, or matrimony. Padrino is the Spanish equivalent to the
Filipino words ninong/ninang (godfather/godmother) and compadre/kumara
(co-father/co-mother) and refers to the patron who may be a family, school, or
community leader. This normative system is built on trust and based on patron–
client relationship, which allows actors to construct meaning, provide access to
power and influence, and create opportunity for both the patron and the client
(Normare and Erbe (Eds.) (2014), p. 208)
Under palakasan and the Padrino system, a person or group who wants to get
benefits or favors from the government must have a “backer” or backers (Padrino
or sponsors), i.e., a person or group of people who are politically powerful and
influential (malakas) in government bureaucracy either as a relative (kamag-anak),
friend (kaibigan), or godparent (ninong/ninang), a former classmate (kaklase), and

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so on. In palakasan and the Padrino system, those who want to avail of government

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benefit or position must personally know an influential group or individual politi-
cian who is related to the beneficiary either by consanguinity, affinity, friendship,
fictive relationship, or other form of affiliation.
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Kamag-anak, or kinship ties, is an important informal norm that influences the
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accessibility of the government’s housing projects in the Philippines. And kinship
ties in the Philippines, being a Catholic country, are based not only limited to
consanguinity or affinity but also include compadrazgo or ceremonial or fictive
kinship ties. Informants revealed that relatives of some HPDO officials who were
neither poor nor disaster victims were awarded housing units in the relocation. One
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of the developers of Southville Rodriguez, as reported by (Philippine Center for

Investigative Journalism) PCIJ, is the brother-in-law of the executive secretary of a
former Philippine President.
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Being a former classmate (kaklase) and friend (kaibigan) is also an important

informal norm that downplays the power of the official law. Being friends and
former classmates also influences access to government housing benefits. A partner
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of the developer of Erap City, as reported by PCIJ, was a former high-school

classmate of President Erap Estrada.
The degree of power one gets from the palakasan system depends on the power
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and influence of the Padrino or sponsor. The greater the position of the sponsor in
the political hierarchy, the more malakas (powerful) the person or group with
regard to housing benefits. It depends on who you are clinging to (depende kung
sino ang kinakapitan). Thus, an applicant with the incumbent governor as the
sponsor has more chances of getting a housing unit than one who has the barangay
captain as the backer. The informal rule of nepotism or kinship ties is also important
in the palakasan system. An applicant who is a relative of the sponsor has more
chances than a non-relative or a mere political supporter. Fictive kinship ties—such
as having a politician acting as godfather (ninong) or godmother (ninang) in a

21
http://www.encyclo.co.uk/meaning-of-Padrino%20System.
4.10 Key Housing Intermediary Groups 103

wedding or baptism also counts in palakasan or the Padrino system. Politicians in

the Philippines are known to act as sponsors in weddings and baptisms to gain more
votes.

4.10.5.3 The Utang-Na-Loob (Debt of Gratitude) Normative System

Mary Racelis-Hollnsteiner, who pioneered a study of the well-known Filipino value

of utang-na-loob, defines it as “that principle of behavior wherein every service
received, solicited or not, demands a return, the nature and proportion of the return
determined by the relative statuses of the parties involved and the kind of exchange
at issue” (1973, pp. 69–91). It rests in between two extremes in a continuum: hiya at
one end, where one who received a favor does not reciprocate or return a favor
received from the other, and the purely businesslike contractual reciprocity

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demanded by official law.

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The awarding of housing units in the relocation follows this informal norm of
utang-na-loob. The incumbent local politicians return the favor or votes they

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received from people who requested for houses in the relocation houses. This is a
major reason why the number of houses allotted by the NHA to the local gov-
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ernment is further sub-divided among the top incumbent officials of the province.
The distribution of the housing units is largely determined by utang-na-loob. Those
who supported, campaigned, or voted for these incumbent officials during the last
election have a greater chance of being awarded housing units in the relocation area,
even though they are not qualified as beneficiaries under the UDHA and PDRRMA.
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That is why the value of utang-na-loob can lead to pakiusap (negotiation), nepotism
and “cronyism,” in the distribution of government benefits (Gorospe, 1988, p. 68).
According to HPDO informants, housings units at the SRHP allotted by the
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NHA to the local government are divided equally among the top politicians of the
province for their disposal: one third of the total number of houses to the governor,
one third to the congressman, and one third to the municipal mayor. Although the
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official law of the UDHA sets the qualification for the housing beneficiaries, our
informants believed that the distribution and awarding follow the informal norm of
utang-na-loob. Applicants who are strongly identified with the incumbent officials
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as backers, supporters, campaigners, or voters are more likely to be approved than

those who are not politically identified with these three top officials in the province
where the relocation site is situated. This has been confirmed by some beneficiaries
in the Southville Rodriguez, Phase 8A area, who admitted that the approval of their
housing applications was expedited because of their connections with some
incumbent officials whom they supported during the last elections. Two benefi-
ciaries, however, confessed that it took them 6 months to receive the approval of
their applications because of their lack of padulas (grease money) or political
backers to their applications.
104 4 Normative Pluralism in Philippine Housing …

4.10.5.4 The Sakop, Kanya-Kanya, or Grupo-Grupo Syndrome

Some social scientists have categorized culture into individualist and collectivist.
Asian and Oriental cultures, with their emphasis on the community rather than the
individual, are generally considered “collectivist,” whereas Western and American
cultures, which stress the power of the individual over that of the community, are
generally labeled “individualist.” Under this categorization, the Philippines can
generally be classified as having a collectivist culture where the group and com-
munity are given more importance than the individual in decision-making.
Although official disaster laws emphasize welfare and equality in the distribution of
disaster assistance, informal cultural norms, which give preference to the in-group
rather than the out-group and individual welfare, are often followed in social
practice. The Philippines as a collectivist culture puts more premium on the welfare
of the sakop (in-group) rather than the public welfare and equal access to public

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goods and services. In relation to Philippine politics, the concept of sakop is

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connected with political patronage. The head of the sakop is often a political patron.
With this cultural arrangement, the distribution of housing units in the relocation

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area in the Philippines is often based on informal rules of sakop and political
patronage rather than on merit, and the sakop or grupo-grupo (group ori-
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ented) syndrome dominates the system of relocating disaster victims in the reset-
tlement. The informal norm of sakop can breed kanya-kanya, which is a
self-serving attitude that generates a feeling of envy and competitiveness toward
others. This not only denotes individualism but also exclusiveness of groups–that
one group is different from or in competition with other groups. Anyone who is not
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a member of the sakop or group cannot avail of the benefits it receives from the
government. Thus, disaster victims who belong to another group or sakop—or who
are not affiliated with political patrons by kinship, political party, or any form of the
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social network of one group or sakop who received housing units—would have a
difficult time getting their housing applications approved. In SRHP, some Metro
Manila mayors at times coordinate directly with the NHA and bring their own
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constituents directly to the relocation area without the knowledge and approval of
the local municipal government. This contravenes the official law, which requires
coordination with the local government where the relocation is located.
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4.10.5.5 The Padulas and Lagay Normative Systems

Monetary and bureaucratic corruptions sidestep the legally prescribed rules. As

already mentioned, corruption is the “colonization of social relations in which two
or more actors undertake an exchange relation by way of a successful transfer of the
steering media of money or power, thereby sidestepping the legally prescribed
procedure to regulate the relation” (Deflem, 1995, p. 1). Corruption follows the
cultural norm of reciprocity: “You scratch my back, and I’ll scratch yours.”
Corruption can be either monetary or bureaucratic. Monetary corruption is the
4.10 Key Housing Intermediary Groups 105

exchange relation between two or more actors that is performed by way of a transfer
of money, whereas bureaucratic corruption is carried out by a transfer of power.
The informal rule of padulas (grease money) is often used by people in the
Philippines who want to expedite their requests or transactions with government
agencies. A number of padulas depends on the type and amount of the transaction
involved. This is a form of lagay (bribe), which can be either an amount of money
or an in-kind, such as material gifts, in order to get fast approval of one’s request for
permits, clearance, or registration from government-housing regulatory bodies. In
the Registry of Deeds, for instance, one lawyer–informant revealed that a minimum
of PHP 500 lagay is usually given to every title signed by the Register of Deeds
(RD). Thus, if one developer hands in 100 titles for signature in one transaction, the
RD receives PHP 50,000 amount of lagay. In obtaining an environmental clearance
or ECC, a huge lagay is needed especially if the location is unfit for subdivision or
housing project as required by environmental laws. Some key informants of the

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local government of Rodriguez believe that lagay and bureaucratic corruption are

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the main reasons why developers of SRHP were allowed by government regulatory
bodies to expand the Erap City and construct the SRHP despite the risks and

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geo-hazards of the location and the classification of the site as a disaster-prone by
the Municipal Disaster Risk Reduction Management Council (MDRRMC).
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The giving of lagay is also a common norm for housing syndicates who want to
control housing units in the relocation site. Key informants revealed that members
of the local housing office are usually given lagay by people, especially by
members of the housing syndicates, who want their applications immediately
approved by the office. One official of the HPDO recalled an experience where an
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applicant followed him in his car after office hours and handed him an envelope
containing PHP 5000 (around US$100) in exchange for approval of a housing
application in the relocation site. The giving of lagay is a common practice in local
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government housing offices. This is one reason why the mayor of Rodriguez
appointed a religious pastor to head the HPDO to stop or minimize the informal rule
of giving lagay in order to obtain housing units in the relocation site despite being
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disqualified by law.
The informal rule of tongpats (price padding) is another form of monetary and
bureaucratic corruption. Tongpats is a Filipino slang and inversion of the word
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patong or padding of prices. It implies that the original government contract price is
padded or increased considerably in order to create a commission (kickback) to
whoever is brokering the deal.22 This term became popular when the whistleblower
Rodolfo “Jun” Lozada, Jr. of the botched ZTE deal revealed in the media that the
contract price of the railway project during the Arroyo administration was padded
or with tongpats to provide kickback for powerful individuals who orchestrated the
public bidding. Informants believe that like any government bidding for low-cost
housing, projects at the NHA are also tainted with corruption.

22
http://pcij.org/blog/2008/03/12/the-language-and-manner-of-doing-shady-business.
106 4 Normative Pluralism in Philippine Housing …

Overall, this multiplicity of laws and semi-autonomous fields and agencies

tasked to interpret and actualize the PDRRMA’s post-disaster recovery goals for
calamity victims has resulted in many negative unintended effects. Thus, some legal
scholars believe that the study of law must not only focus on how emergent norms
within a given social field affect state laws but also on how state laws impinge on
social fields that already have customs and informal rules. Today, legislation that is
primarily intended to direct change in society often resulted in unintended conse-
quences because existing social relations tend to be stronger than new laws (Moore
1973, p. 58). The succeeding chapters will illustrate how pre-existing social rela-
tions and their major informal norms based on some major Filipino values affected
the implementation of the PDRRMA and UDHA in the relocation of Typhoon
Ketsana victims in SRHP Phase 8A in Rodriguez, Rizal.

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4.10.6 Consequences of Normative Pluralism

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The multiplicity of laws and informal normative orders vying to interpret and
implement the official PDRRMA on PDR has also affected the coordination and
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cooperation of various organizations involved in enforcing the government’s PDR
project under PDRRMA, which further created more unintended consequences to
the project. Public and private organizations—as well as informal groups, power
cliques, and foreign donors—tend to have their own established formal and
informal rules of engagement in their own domains. Among government agencies,
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there are operations at cross-purposes; thus, conflict and inconsistencies within and
between relevant agencies can occur, which hamper the legal implementation
(Castellani, 1992). Large-scale disasters such as Typhoon Ketsana usually involve
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multiple organizations and agencies having the capacity to coordinate their efforts
in the management of disasters (Drabek, 1985; Drabek & McEntire, 2002;
Quarantelli, 2000). However each organization or agency has its own mandate,
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pre-existing social networks, and discretionary powers as to when and how it

coordinates with another agency. Thus, when new disaster-related tasks are to be
performed, questions almost inevitably arise about which organizations have the
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authority to assume them (Quarantelli, 1988). In the Philippines, the coordination of

government-initiated post-disaster housing projects largely depends on pre-existing
networks and ties, primarily influenced by cultural normative orders with their
dominant Filipino instrumental cultural values as informal norms. The Filipino
values of kakilala, utang-na-loob, palakasan, Padrino, or sakop, which emphasize
the in-group rather than the out-group coordination between private and public
agencies implementing the PDR, can create difficulties in implementing the legal
norms of the PDR projects.
When the PDR provisions of disaster law are broad and brief, organizational
authority conflicts often arise—albeit the pre-existing organizational ties tend to
facilitate new coordination efforts. Thus, national and local government units often
clash in interpreting and determining the provisions of the official law. In this case,
4.10 Key Housing Intermediary Groups 107

discretion enters the picture, and the most influential actor or group tends to prevail
over weaker ones in disaster situations. Discretion in decision-making refers to the
ability of a public officer to make a choice among possible courses of action and
inaction whether legal, illegal, or with questionable legality within the effective
limits of the office (Pepinsky, 1978). In relation to legislation, “discretion” refers to
that substantive space in the law that enables law enforcers to implement the statute
they think is a best fit for the situation. This exercise of discretion is not inde-
pendent of ongoing social arrangements of people competing with the state law.
Personal discretion is influenced by various social fields where the person or group
is situated.
The failure of the government to enact a comprehensive Magna Carta on PDR
that (1) details the post-disaster relocation of disaster victims, (2) appoints a sep-
arate group of disaster managers different from incumbent public officers, and
(3) creates a new national post-disaster management agency that separate from the

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resettlement of the urban poor unaffected by natural disasters has led to a complex

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legal pluralism and discordant normative orders to implement the official legal
PDRRMA. In legislation, the scope of the substantive law determines the discre-

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tionary space of coordinating agencies as well as the bureaucrats who implement
the law. Although lengthier and more specific legal provisions limit the discretion
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of law enforcers, shorter and vaguer ones are said to create more discretion and
loopholes, which can result in more unintended consequences in the implementa-
tion process (Evans (Ed), 1978). Furthermore, vaguer legislations can allow
pre-existing legal order and other normative social arrangements to influence the
outcome of the official law. The legal gaps can ultimately result in loopholes in the
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implementation stage that allow hegemonic groups in the PDR project, as well as
their informal normative systems based on some dominant negative Filipino values,
to influence the outcome of the project.
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4.11 Summary

This chapter has described legal and normative pluralism in terms of laws, social
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fields, and major informal rules based on some Filipino values that influenced the
interpretation and implementation of the PDRRMA’s post-disaster recovery pro-
vision under UDHA. The PDRRMA’s lack of comprehensive provisions on how
the relocation and housing program for the disaster victims should proceed has led
to the adoption of UDHA and its entire array of laws on housing and relocation of
the urban poor at both the national and local levels. The normative pluralism that
surrounded the implementation of PDRRMA’s post-disaster recovery did not only
exist in terms of housing laws and government regulations and rules but also in
terms of social fields and intermediary groups with their informal rules based on
some dominant Filipino cultural values. By adopting the UDHA’s relocation and
housing provisions, the PDRRMA inherited the UDHA’s pre-existing problems
such as the existence of illegal and corrupt intermediary groups and informal rules
108 4 Normative Pluralism in Philippine Housing …

that subverted the UDHA and PDRRMA’s legal goals on relocation. The decrim-
inalization of squatting by the UDHA had inadvertently resulted in the proliferation
of major illegal intermediary groups such as squatting syndicates, professional
squatters, political patrons, or illegal housing agents. The official housing and
relocation laws were in competition with some informal rules based on Filipino
values of reciprocity such as palakasan and the Padrino system, utang-na-loob,
padulas, lagay, tongpats, and other related informal norms resulting in numerous
unintended negative consequences for the post-disaster resettlement of Typhoon
Ketsana victims in SRHP in the Province of Rizal.

References

F
Ballesteros, M. F. (2000). Land Use Planning in Metro Manila and the Urban Fringe: Implications
on Land and Real Estate Market. The PIDS Discussion Paper Series No. 2000–20. http://

O
citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.202.2710&rep=rep1&type=pdf
Ballesteros, M. F. (2002). Rethinking Institutional Reforms in the Philippine Housing Sector.

O
Philippine Institute for Development Studies (PIDS). Perspective Paper Series No. 11. https://
dirp3.pids.gov.ph/ris/books/pidsbk05-ppshousing.pdf
PR
Ballesteros, M. & Egana, J. (2012). Efficiency and effectiveness review of the National Housing
Authority (NHA) resettlement program. http://www.dbm.gov.ph/62C97C27-20B5-4CB0-
9BD2-8286EDF12907/FinalDownload/DownloadId-802ACD5E5502BED20A5F66A855713/
62C97C27-20B5-4CB0-9BD2-8286EDF12907/wp-content/uploads/DBM%20Publications/
FPB/ZBB-2012/e.pdf. Accessed March 4, 2015.
Castellani, P. (1992). “Closing Institutions in New York State: Implementation and Management
ED

Lessons.” Journal of Policy Analysis and Management, 11(4):593–611.

Congressional Policy and Budget Research Department (CPBRD). (2011). Addressing policy gaps
in the land administration system. CPBRD Policy Brief. No. 2011–4. May 2011.
COA Report. (2004). Sectoral Performance Audit Report on the Housing Program of the
IS

Government. CYs 2001–2004. http://www.coa.gov.ph/index.php/sectoral-performance-audit/

category/244-housing-program-of-the-government?download=701:national-housing-authority-
ms-report-no-2004-02a
EV

Deflem, M. (1995). Corruption, law, and justice: A conceptual clarification. Journal of Criminal
Justice, 23(3): 243–258.
Drabek, T. E. (1985). Disaster Management: The Human Factor. Emmitsburg, MD: National
Emergency Training Center, Federal Agency Management Center.
R

Emirbayer, M., & Johnson, V. (2008). Bourdieu and organizational analysis. Theory and Society,
37(1), 1–44.
Franco, E. A. (1986). Pinoy Management. Metro Manila: National Bookstore.
Hollnsteiner, M. (1960). The Dynamics of Power in a Philippine Municipality. Community
Development Research Council: University of the Philippines.
Hollsteiner, M. R. (1973). Reciprocity in the Lowland Philippines. In F. Lynch & A. de Guzman II
(Eds.), Four readings on Philippines values (pp. 69–91). Quezon City: Ateneo de Manila
Institute of Philippine Culture.
IFRC. (2015). Impact of the regulatory barriers to providing emergency and transitional shelter
after a disaster: Country case study: Haiti. http://www.ifrc.org/PageFile.
Moore, S. F. (1973). Law and social Change: The Semi-autonomous social field as an appropriate
subject of study. Law and Society, 7, 719–746. http://keur.eldoc.ub.rug.nl/FILES/
Wetenschapterschapters/2/730/730. Accessed February 10, 2013.
References 109

Normare, A., & Erbe, N. (Eds.). (2014). Collective efficacy: Interdisciplinary perspectives on
international leadership. United Kingdom: Emerald Group Publishing Limited.
Pepinsky, H. (1978). Discretion and Crime Legislation. In M. Evans (ed). Discretion and Control.
London: Sage.
Quarantelli, E. L. (1988). Diaster crisis management: A summary of research findings. Journal of
Management Studies, 25: 373–385. doi: 10.1111/j.1467-6486.1988.tb00043.x
Quarantelli, E. L. (2000). Disaster research. In: Borgatta HEF and Montgomery RJV
(eds) Encyclopedia of Sociology, 2nd edn. New York: Macmillan, 681–688.
Smart, C. (1986). Feminism and the Power of Law. London: Sage Publication.
Tamanaha, B. (2007). Understanding legal pluralism: The past to present, local to global. Sydney
Law Review, 29. St. John’s Legal Studies Research Paper No. 07-0080. Available at SSRN:
http://ssrn.com/abstract=1010105
Valte, M. (2013). A House for Every Filipino: A Pipe Dream in the Land of Promises? http://
www.ombudsman.gov.ph/UNDP4/wp-content/uploads/…/Chap6.pdf
World Bank Group (2016). Doing Business 2016: Measuring Regulatory Quality and Efficiency.
Washington, DC: World Bank. http://www.doingbusiness.org/*/media/WBG/DoingBusiness/

F
Documents/Annual-Reports/English/DB16-Full-Report.pdf

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Chapter 5
Suitability and Accessibility
of the Relocation Site

Abstract This chapter analyzed closely the suitability and accessibility of the
Southville Rodriguez Housing Project (SRHP), a government relocation site for
Typhoon Ketsana victims in the Philippines, vis-à-vis the legal provisions of inter-

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national conventions on post-disaster recovery of displaced persons and the country’s

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Philippine Disaster Risk Reduction Act of 2010 (PDRRMA) on post-disaster man-
agement of disaster victims. It examined the official laws and standards regarding the

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selection and accessibility of relocation sites for disaster victims under the “build
back better” (BBB) principle and described the extent of conformity of the current
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resettlement of the Typhoon Ketsana victims to these standards. Owing to corruption
and undue benefits given by the government to its accredited private developers of
resettlements, the conditions of the relocation site of Typhoon Ketsana victims in
SRHP largely deviated from the international standards and provisions of PDRRMA
regarding the suitability and accessibility of relocation sites for disaster victims.
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The SRHP is not only remote, dangerous, and disaster-prone, but it is also physically
and socially inaccessible to poor disaster victims.

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Keywords Disaster management Resettlement Post-disaster housing

Suitability Accessibility Corruption
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5.1 Introduction
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One of the essential components of a holistic and integrated long-term post-disaster

recovery (PDR) program for disaster victims is adequate housing and relocation.
The Philippine Disaster Risk Reduction Management Act of 2010 (PDRRMA), the
Urban Development and Housing Act of 1992 (UDHA), and the United Nations’
guidelines for the resettlement of internally displaced persons require that the
shelter and relocation for disaster victims must be suitable for their recovery pro-
cess. They also prescribe that the relocation must be accessible to all, particularly
for marginalized persons. The criteria of suitability, on one hand, stipulates that the
housing and relocation must be safe and appropriate to the PDR process of the

© Springer Nature Singapore Pte Ltd. 2017 111

V.O. Ballano, Law, Normative Pluralism, and Post-Disaster Recovery,
DOI 10.1007/978-981-10-5074-9_5
112 5 Suitability and Accessibility of the Relocation Site

disaster victims. It implies that the housing units and relocation site must be built in
safer grounds and disaster-free, thus ensuring the avoidance of vulnerability that
disaster victims have already experienced. It also requires that the location of the
socialized housing and resettlement projects are proximate to areas where
employment opportunities are accessible. The criteria of accessibility, on the other
hand, requires that the low-cost housing project is available to all granted without
discrimination, especially to marginalized persons, and must be physically and
financially affordable to the poor. This chapter evaluates the suitability and
accessibility of the Southville Rodriguez Housing Project (SRHP) relocation site,
particularly the appropriateness of the location and housing units to Typhoon
Ketsana victims’ economic and social needs. Lastly, it suggests some sociological
explanations on why legal and normative pluralism has resulted in more negative
consequences that are contrary to the legal provisions of the PDRRMA on the PDR
of disaster victims.

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5.2 Determining Suitability of the Relocation Site
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The PDRRMA has not explicitly indicated the criteria for determining the suit-
ability of a relocation site for the PDR needs of disaster victims. This lack of
specific legal provisions of the law on relocation and housing for disaster victims
has led to the adoption of existing state laws such as the Urban Housing and
Development Act (UDHA) of 1992 and other affiliated housing laws and their
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implementing rules to determine the suitability of the location site for the PDR of
disaster victims. These laws and implementing rules are not designed for the PDR
of disaster victims but for the relocation and housing of the urban poor who live in
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danger zones and are victims of demolitions in cities or municipalities.

According to the UDHA and its LGU guidebook for socialized housing, the first
phase of the resettlement and housing of disaster victims is the social preparation of
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the site. This phase is said to be the most important and crucial phase of the
resettlement process because it involves various groups and comprises various
activities that are crucial in determining the suitability of the resettlement area.
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Although official laws on disaster management of the United Nations (UN) and the
PDRRMA point to the national government as being responsible for providing
suitable housing and relocation sites to disaster victims, its final realization would
depend on many factors, such as the implementation of local laws on relocation and
housing and the discretion of groups and government agencies involved in the
social preparation of the relocation project.
5.3 Laws Governing the Suitability of Relocation and Housing 113

5.3 Laws Governing the Suitability of Relocation

and Housing

Before the National Housing Authority (NHA) and its accredited private developer
can start building a relocation site and construct low-cost housing for disaster
victims, the basic standards on relocation and socialized housing set by laws and
administered by the Housing and Urban Land Regulatory Board (HULB) must first
be followed before a permit or registration is issued to the developer.
Concerning physical suitability, Presidential Decree (P.D.) No. 957 and its
revised implementing rules and regulations in 2009 under site criteria require the
following:
1. Subdivision projects shall be located within suitable sites for housing and
outside hazard-prone areas and protection areas as provided for by pertinent

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laws. Critical areas (e.g., areas subject to flooding, landslides and those with

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unstable soil) must be avoided.
2. The site shall be stable enough to accommodate foundation load without
excessive earthmoving, grading or cutting and filling.
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With regard to the suitability of the location of the housing site, Batas Pambansa
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(B.P.) 2201 and its revised implementing rules by HULB require the following:
… socialized housing projects shall be located within the suitable site for housing and
outside potential hazard prone and protection areas (Rule 2, Section 4 [d]).
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It also stipulates the physical characteristics of the housing site as follows:

A potential site must have characteristics assuring healthful, safe and environmentally
sound community life. It shall be stable enough to accommodate foundation load without
excessive site works. Critical areas (e.g., areas subject to flooding, landslides, and stress)
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must be avoided (Rule 2, Section 5, A.3).

Aside from these requirements, P.D. 957 assumes that the developers of any
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subdivision and housing projects must follow the National Building Code
(NBC) and zoning ordinances of the local government. Its Revised Implementing
Rules and Regulations on easements of housing projects specifically requires that
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developers must comply with PHIVOLCS per Resolution No. 515, Series of 1992,
on identified fault traces (Rule I, Section 1, B, 3.).
The PDRRMA states that the government must provide for the restoration and
improvement of facilities, livelihood, and living conditions of disaster-affected
communities including efforts to decrease disaster risk factors in accordance with
the principles of “build back better” (BBB) for the PDR of disaster victims
(Section 3, [aa]). This implies that the site of the resettlement must be, above all,
conducive to the rehabilitation of disaster victims and safer from disaster risks
compared with the previous disaster-prone residential areas of the victims. The UDHA,

1
http://hlurb.gov.ph/wp-content/uploads/laws-issuances/mandates/bp_220.pdf.
114 5 Suitability and Accessibility of the Relocation Site

which assists the PDRRMA in carrying out its long-term PDR goals, also provides that
the relocation site where the socialized housing and resettlement projects are located
must be near to areas where employment are accessible (Section 22).

5.4 The UDHA and the Role of the LGU in Site Selection

The UDHA has vast discretionary powers with regard to the relocation and housing
of the urban poor living in danger areas as well as those who are victims of
demolitions. Under the Local Government Code (LGC) of the Philippines, the local
government, such as the municipal government of Rodriguez, exercises control,
supervision, and administration over its jurisdiction.
The UDHA was enacted in 1992, one year after the enactment of the Local

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Government Code, which increased the authority and autonomy of the local gov-

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ernment units (LGUs) to administer their jurisdictions. After the devolution trend,
the UDHA was enacted with a view of empowering the LGUs to take care of the

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relocation and housing of their poor constituents. Thus, the UDHA mandated the
LGUs to select the suitable location for resettlement and socialized housing in their
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territories. Under Section 7, the UDHA required all city and municipal government
to conduct an inventory of all lands and to identify an appropriate site for socialized
housing within their localities. The UDHA’s LGU guidebook for resettlement and
socialized housing specifies the following basic steps that LGUs must undertake to
select the suitability of the relocation of the site (LGU Guidebook for Local
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Housing Project/Program, p. 13):

1. inventory and profile of available sites;
2. location and quality of site (accessibility to infrastructures and employment,
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quality of the site, land ownership, basic services, utilities, and cost;
3. location criteria of affected people and comparative analysis of possible sites
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(for resettlement sites); and

4. safe from both environment and man-made hazards.
However, this prerogative of the LGU to select the suitable location for relo-
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cation has been downplayed with a legal provision of the UDHA (Section 8), which
requires that the LGUs, after the inventory, must coordinate with the National
Housing Authority (NHA), the Housing and Land Use Regulatory Board
(HLURB), the National Mapping Resource Information Authority (NMRIA), and
the Land Management Bureau (LMB) before identifying the suitable site for
relocation and housing. Moreover, this power of the LGUs is further diminished
with the provision of the UDHA’s LGU Guidebook, which requires that selection of
site of the housing program must be based on the expressed preference of the
locality’s beneficiaries taking into consideration the site’s access to transportation,
provisions for basic services, and support facilities (p. 13). Despite this requirement
of considering the expressed preference of the beneficiaries, it is ultimately the
5.4 The UDHA and the Role of the LGU in Site Selection 115

NHA and its developers that determine the site for the relocation. Under UDHA, the
NHA was tasked to undertake the identification, acquisition, and disposition of
lands for socialized housing as well as to undertake relocation and resettlement of
families with local government units. Because the government is enticing the pri-
vate sector to invest in low-cost housing, the whims of its accredited developers
with regard to site selection are often followed by the NHA.
This is in contradiction to the UDHA’s provision that requires the expressed
preference of the beneficiaries about the choice of relocation site. In the case of the
SRHP relocation site, the municipal government is placed in a difficult situation
where it is most likely blamed by beneficiaries and the public for any problems and
defects in the relocation site because it is built within its territory. Although it has
jurisdictions in the enforcement of criminal laws and estate management in the
relocation area, it does not exercise administrative control and ownership of the site.
The relocation is planned, constructed, and managed by the developers under the

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government-owned and controlled corporation–the NHA. All of the public biddings

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for the building of the houses, as well as the monitoring of the site and awarding of
housing units to beneficiaries, are handled by this national agency.

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The selection of the relocation site and the assessment of its suitability for
disaster victims are also determined by the NHA. Without administrative power, the
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local government has no discretion with regard to the choice and determination of
the site. The site location and suitability are therefore largely determined by what
happened in the formal and informal deals between the NHA and the developers, of
course, with the participation of some unscrupulous HULRB officials who approve
the housing project. For example, there would be no cutting of corners—such as
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using substandard materials and construction defects in the relocation—if the

contract and implementation were above board, free from interference of informal
ties and agreements of unscrupulous intermediaries or between top housing officials
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and developers, and actively monitoreding by public regulators.

The discretion of the NHA officials, along with the influence of top government
politicians, in dealing with private developers has resulted in negative conse-
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quences to the housing and relocation of disaster victims. This only indicates that
semi-autonomous social fields are stronger than the official PDRRMA and other
housing laws concerning the selection of the location and suitability of the reset-
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tlement area.

5.5 Hegemonic Powers of Private Developers in Site

Selection

Under the implementing rules and regulations of the UDHA that governs section 18
(balanced housing development provision) of Republic Act (RA) 7279, private
developers are required to set aside 20% of the total land (those selling lots only)
and cost of their subdivision and condominium projects (those selling house and
116 5 Suitability and Accessibility of the Relocation Site

lots) for socialized housing for the poor. Developers can also comply with this legal
provision by establishing a new settlement for the poor certified by the national and
local governments, slum-upgrading certified by the NHA or LGU, participating in a
Community Mortgage Program (CMP) where the developer finances the acquisi-
tion, development, and subdivision identified by the government, or entering into
joint ventures with the LGU or government housing agency for socialized housing
by providing 20% participation of the project area and cost (Section 3, a–e).2
According to informants, if this provision of the law is seriously followed by
developers and implemented by the government, there is no major problem with
regard to the suitability of the relocation and low-cost housing for the poor and
disaster victims. Most large developers have subdivision and condominium projects
in Metro Manila and urban centers. They can accommodate many of the urban poor
and homeless disaster victims in their housing projects and minimize out-city
relocations that displace the beneficiaries from their urban jobs and informal trade.

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But to avoid mixing the rich and poor owners in one high-end subdivision and

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condominium project, which can affect the social stratification of owners, market
value of the project, and project’s marketing, developers, according to informants,

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prefer to follow the 20% percent rule by establishing low-cost housing projects in
remote areas in coordination with the NHA and LGUs. With their strong connec-
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tions and network ties with the NHA and other government housing agencies,
developers can often get what they want to increase profit and circumvent this law
of providing resettlement to the poor.
The power of private developers to ultimately choose the suitability of the site
for socialized housing would not happen without the tacit consent of the NHA,
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which in turn could not happen without the government’s undue benefits to private
investors participating in public low-cost housing program. One unintended con-
sequence of the government’s campaign of enticing the private sector to participate
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in its socialized housing as well as the President’s Benigno Aquino’s Public–Private

Partnership policy (PPP)3 is the undue advantage or benefit given to the developers
to the extent that they can undermine some of the major state laws and largely
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determine the quality of the government’s relocation and low-cost housing projects.
Despite the numerous laws to safeguard the government’s housing interest and
welfare of the poor beneficiaries of these housing projects, a few influential
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NHA-accredited developers with a strong connection with top public officials in the
housing bureaucracy can reign as the leader or hegemon in the government’s
low-cost housing system.

2
http://www.hudcc.gov.ph/sites/default/files/styles/large/public/document/Balanced%2020%
20Percent.pdf.
3
President Benigno Aquino III issued Executive Order No. 136 creating the public‒private part-
nership (PPP) and amending Executive Order No. 8 (S. 2010), which reorganized and renamed the
build‒operate and transfer center to the Public–Private Partnership Center of the Philippines.
Under the PPP, private businesses are given more power to participate in government projects with
more incentives and financial and administrative assistance from the government.
5.5 Hegemonic Powers of Private Developers in Site Selection 117

The partnership between the government and private developers as advertised in

government slogans is not actually a relationship between the dominant and the
subordinate where the government remains in control of the entire low-cost housing
process; rather it is “one among equals,” and at times the government appears to be
“dominated” by the private developers. In his 2015 State of the Nation Address
(SONA), President Benigno Aquino III mentioned how the government pleaded—
making it appear that the government is ready to accommodate the whims and
caprices of private companies just to let them participate in the housing program—
the private sector to invest in the government infrastructure under the administra-
tion’s Public–Private Partnership (PPP) policy. In the low-cost housing sector, the
national government has been giving private developers the best benefits—such tax
breaks, marketing, financing, or technical assistance—through the NHA just to
ensure that private companies earn enough to stay in the government’s housing
projects. With this full backing of the government, private developers appear to be

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hegemonic in their dealings with the NHA and other government housing agencies

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in determining on how the official housing laws and rules can be followed and bent
to build relocation and housing projects that promise the highest return on their

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investment. The concessions given by the government through the NHA to private
developers in joint-venture agreements have negative effects to the quality of
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housing projects extended to disaster victims such as the Typhoon Ketsana victims
in SRHP.
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5.5.1 Joint Venture: The Contractual Relationship Between

the NHA and the Developers
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The contractual relationship of parties in a joint venture, as the term implies, is one
of partnership. As defined by the Philippine government’s National Economic
Development Authority (NEDA), a joint venture (JV) is “[a]n arrangement whereby
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a private sector entity or a group of private sector entities on one hand, and a
Government Entity or a group of Government Entities in contrast, contribute
money/capital, services, assets (including equipment, land, intellectual property or
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anything of value), or a combination of any or all of the foregoing to undertake an

investment activity”4 A JV is considered a species of partnership. When “two or
more persons bind themselves to contribute money, property, or industry to a
common fund, with the intention of dividing the profits among themselves,” then a
partnership is said to have been created. An ordinary partnership is organized for
the general business venture and does not have a definite term of existence; whereas
a joint venture is organized for a specific project or undertaking.5

4
http://www.neda.gov.ph/wp-content/uploads/2014/03/2013-Revised-JV-Guidelines.pdf.
5
https://attyarneldmateo.files.wordpress.com/2011/05/law_on_joint_ventures.doc.
118 5 Suitability and Accessibility of the Relocation Site

Joint ventures are the primary method employed by the government to

encourage private developers to join the public low-income housing production.
Between 1987 and 2001, for instance, approximately 131 joint venture arrange-
ments were formed under the government’s joint-venture program (Ballesteros,
2012). This joint-venture arrangement offered by the government between the
LGU, NHA and/or private developer can be of any of the following four types:
(a) A LGU owns the land, and the private developer assumes all aspects of
development and housing construction with the financial requirement assumed
by the developer and NHA.
(b) LGU owns the land whereas the financial requirement is shared with NHA.
Development is contracted out to a private developer;
(c) A LGU owns the land and undertakes the development of site and housing
construction, whereas the NHA provides the financial requirement.

F
(d) A private landowner owns the land, and a LGU undertakes development and
shares part of the financial requirement with the NHA (Ballesteros, 2002,

O
p. 30).

O
The most popular type of joint venture that relates to the relocation and housing
of disaster victims, such that of Typhoon Ketsana victims, is either option A or
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option B with private developers having more control in the development and
construction of the relocation and housing project.
The primary strength of a joint venture is that the NHA has been able to facilitate
developments of its land as the private sector infuses investments into the project
(Ballesteros, 2002, p. 26). However, in joint ventures, the government seems to lose
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some coercive and law-enforcement powers to private developers in exchange for

their participation and investment in the housing sector. With this contractual
relation, parties are considered partners or of “equal” standing although the gov-
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ernment, through the NHA, remains the main source and guarantor of low-cost
housing funds.
A critical weakness of the joint-venture approach which empowers private
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developers is that the NHA has no real influence on the determination of the results
of a relocation project as well as the settlement location. “The only thing that binds
the developer on the site selection is the Terms of Reference (TOR), which con-
R

siders primarily environmental standards. Aside from environmental requirement,

the TOR does not require assessment of the employment potential in the area or
access to existing social services. As a result, private developers often offer cheap
sites to the NHA that are unattractive to the formal housing market and are usually
located far from the city centers” (Ballesteros & Egana, 2012, p. 8).
5.5 Hegemonic Powers of Private Developers in Site Selection 119

5.5.2 Undue Benefits to Private Developers

Enticing private developers to participate and invest in government low-cost

housing does not happen without a price. Ballesteros (2002) argued that this benefit
of the private sector infusing funds into the low-cost housing is outweighed by the
cost and risk to government:
First, NHA sometimes ends up doing the feasibility study, packaging and finalizing the
project, which it also approves. Second, because NHA has a hand in reviewing the
mortgage take-out before submitting to the NHMFC, it also shares in the accountability for
accounts in default. Third, NHA also takes responsibility in cases when delays are caused
by changes in policy of other shelter agencies. NHA has no control over the other agencies.
Fourth, in the event that the partner is unable to collect from NHMFC, NHA also suffers
from defaults from the bridge financing it has provided (Ballesteros, 2002, p. 26).

F
Second, technical assistance pertains to NHA providing project packaging and engineering
works (e.g., survey) and assisting in marketing. The assistance also includes an extension of

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financial accommodation to the partners of the program such as bridge financing, purchase
commitment line with the NHMFC on buyer’s financing and facilitation for developmental
financing.

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Third, the NHA facilitates transactions related to other government agencies such as
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securing land conversion clearance, approval of permits and licenses and the utility com-
panies. It is noted that ‘technical assistance’ has become a standard provision for all types
of venture arrangement. Given the highly bureaucratic permit system, the delays in the
release of payment from NHMFC and in finding the beneficiary that will qualify for
mortgage financing under NHMFC, this technical assistance provided by the NHA sig-
nificantly decreases the transaction costs of the private sector. These costs are often not
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reflected in the sharing of profits because such costs are mostly translated in terms of time.
For instance, it takes an average of one year to obtain approval of permits and licenses.
Clearly, the attractiveness of joint ventures mainly emanates from the provision of technical
assistance for the bureaucratic problems (Ballesteros, 2002, pp. 25–26).
IS
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5.6 Laws on Accessibility

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The rules refer to two kinds of accessibility: physical accessibility of the location
and accessibility in terms of ownership of the housing project to the marginalized
people such as disaster victims. Concerning the accessibility of the housing project,
B.P. 220 and its revised 2009 implementing rules and regulation stipulate the
following:
The site must be served by a road that is readily accessible to public transportation lines.
Said access road shall conform to the standards set herein of these Rules to accommodate
120 5 Suitability and Accessibility of the Relocation Site

expected demand caused by the development of the area. In no case shall a subdivision
project be approved without a necessary access road/right-of-way constructed either by the
developer or the Local Government Unit.6

P.D. No. 344, known as the Accessibility Law, even requires that the developer
must provide provisions for disabled persons:
[N]o license or permit for the construction, repair or renovation of public and private
buildings for public use… shall be granted or issued unless the owner or operator thereof
shall install and incorporate in such building, establishment, institution or public utility,
such architectural facilities or structural features as shall reasonably enhance the mobility of
disabled persons such as sidewalks, ramps, railings and the like.7

On site selection, the LGU’s Guidebook for Local Housing Project/Program,

prepared by the HUDCC, requires the following steps in choosing a suitable site for
local housing:

F
1. inventory and profile of available sites;

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2. location and quality of site (accessibility to infrastructures and employment,
quality of the site, land ownership, basic services, utilities, and cost);

(for resettlement site,); and

4. safe from both environment and man-made hazards.8 O
3. location criteria of affected people and comparative analysis of possible sites
PR
In the selecting the site, the LGU’s guidebook also requires that selection must
be based on the beneficiaries’ expressed preferences and that the site must have
access to transportation and should have provisions for basic services and support
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facilities.9
Neither the PDRRMA nor the UDHA is clear on who exactly is responsible for
allowing access to the SRHP relocation in the Municipality of Rodriguez: the NHA
or the municipal housing agency—the HPDO? Or some other group? This ambi-
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guity leaves more discretion for public officers to interpret the law, which some-
times leads to conflict at the expense of disaster victims. Based on interviews, it
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appeared in reality that the local governments—through the mayors of Metro

Manila, some unscrupulous NHA officials, and their corrupt networks and the
mayor of Rodriguez, Rizal, through the Housing and People’s Development Office
—could bring disaster victims to the SRHP. The local government of Quezon City,
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for instance, sent families who resided along danger zones such as the Tullahan and
Culiat Creeks, the right-of-way along BIR roads, Barangay Tatalon, NIA road, and
those affected by the Joint Venture Agreement (JVA) of NHA and AYALA or the

6
See Rule II, Sect. 5, A, 4 at http://old.hlurb.gov.ph/uploads/laws-issuances/PD957IRR/
IRRPD957.pdf.
7
Section 1, The Law to Enhance Mobility of Disabled Persons. Available at http://www.
architectureboard.ph/uploads/1331233623-Accessibility%20Law%20%28B.P.344%29.pdf.
8
http://www.creba.ph/images/Housing%20Library/HUDCC%20LGU%20Guidebook%20for%
20Local%20Housing.Pdf.
9
Ibid, p. 11.
5.6 Laws on Accessibility 121

development of the North Triangle to the SRHP.10 Aside from mayors, some
unscrupulous officials of the NHA also sponsored people or professional squatters
to the relocation site. According to the barangay administrator, there were instances
of the illegal sale of housing units by some unscrupulous NHA officials in the
relocation area, thus allowing professional squatters to enter the SRHP surrepti-
tiously. The head of the Municipal Disaster Risk Management Council (MRRMC)
recalled one instance that the Rodriguez police and the HPDO were able to inter-
cept, based on a tip, five dump trucks, bearing NHA banners and loaded with
professional squatters, heading toward the SRHP without the necessary entry
documents and clearance. If disaster victims are residents of Rodriguez, Rizal, the
mayor and the Housing and People’s Development Office (HPDO) are authorized to
allow them to be relocated to Southville Rodriguez after passing the
pre-qualification process.
Aside from the SRHP, the local government of Rodriguez can provide its own

F
disaster victims with socialized housing and livelihood programs. However, this all

O
depends on the available budget, which in turn depends on the determination and
creativity of the mayor in increasing funds beyond the 5% disaster fund for these

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purposes. During the incumbency of a former mayor, for instance, proceeds from
the dump site were used to build a relocation site for local informal settlers, and the
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HPDO was able to provide livelihood programs for the beneficiaries (COA Report,
2002). According to the provision of the Local Government Code on the autonomy
of local government units (LGUs), the HPDO and the mayor exercise discretion,
monitoring, and supervision of the relocation area for attainment of their desired
effects.
ED

If the disaster victims come from areas outside Rodriguez and the municipality
government has no available relocation area and funds, the situation becomes
complex, and more unintended effects are expected because the local government
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no longer has total control of the disaster victims who are constituents of other
mayors. Moreover, the Rodriguez government has no administrative control over
the SRHP, being a relocation owned by the national government. This situ-
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aiton then requires coordination between the municipal government, other mayors,
and the NHA concerning access to the relocation site. There are some requirements
that need approval from the HPDO, such as the application for electricity or a water
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connection, even if the beneficiaries are non-residents.

The coordination problems are intensified when dealing with large-scale disas-
ters, such as Typhoon Ketsana, with the new organizational set-up of the govern-
ment disaster program under the PDRRMA. This coordination problem often
causes an access delay for disaster victims to the relocation site and housing.
Informants in SRHP 8A complained that they need to wait for months after the

10
http://inclusivemanila.net/southville-8/.
122 5 Suitability and Accessibility of the Relocation Site

typhoon before they can avail of the housing units.11 While waiting for housing
units, some evacuees stayed with their relatives, but many remained in a makeshift
evacuation center in front of the barangay San Isidro government building. The
local government of Rodriguez particularly encountered several coordination and
jurisdictional problems in governing a relocation site managed by the
government-owned NHA, albeit located within its jurisdiction such as the
SRHP relocation site. Although the new PDRRMA explicitly intended that poor
and homeless disaster victims must be given socialized housing and opportunities to
lead a better life in a relocation area in accordance with the “build back better
principle,” the final outcome and implementation depend on the discretion and
normative standards of the various actors and agencies in charge of socialized
housing and disaster recovery.

F
5.7 Evaluating the Site Suitability and Accessibility

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of Southville Rodriguez

5.7.1 Site Suitability

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PR
The injunction of the LGU’s Guidebook for Local Housing Project/Program on-site
suitability provides that developers must do the following:
[S]elect the site of your housing program based on the expressed preferences of your
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beneficiaries. Note, however, that the site should have access to transportation and should
have provisions for basic services and support facilities (p. 13).

Although the law considers the expressed preferences of the beneficiaries as well
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as the site’s access to transportation and basic services, it also provides that the
priorities in the acquisition of the land for housing are the following type of lands,
which are usually located in remote areas, unsuitable for housing, and of low
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market value:
1. idle government or private lands;
2. unregistered or abandoned idle lands; and
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3. alienable lands in the public domain (p. 13).

This provision can be exploited by private developers to choose land for social
housing that promises the highest return on investment. Despite the official law’s
insistence on consultation and participation of the LGU and beneficiaries in the site
selection and development of the relocation and housing project and the site’s

11
During fieldwork in the SRHP last November 2012, I saw disaster victims in temporary evac-
uation shelters in front of San Isidro Barangay hall. I was informed by barangay officials that they
had been staying there for months waiting for their housing application to be finally approved by
the NHA. The NHA will issue them a stub denoting the block and lot number assigned to them
before they can occupy the housing units in the SRHP.
5.7 Evaluating the Site Suitability and Accessibility … 123

accessibility to transportation, basic services, and support services, the private

developer, who is in joint venture with the national government through the NHA,
has the final decision on where to establish the relocation site. Owing to a lack of
funds and technical capability to engage in low-cost housing projects, it is not the
LGU but the National Housing Authority (NHA) and its private developers who
have the power to determine the site of the resettlement. Ultimately, it is often the
developer who decides which areas identified by the LGU will be used for relo-
cation and housing projects, although the UDHA and the LGU Guidebook have
given this privilege to the LGU and expressed preference of the beneficiaries.
With the policy shift of the NHA’s role in land banking, the NHA identifies and
selects resettlement sites based on the list provided by developers or LGUs. Site
acceptability (on endorsement of community and local committees) is evaluated by
the NHA based on a term of reference (TOR) that requires conformity with envi-
ronmental standards and the subdivision standards based on BP220 (Ballesteros &

F
Egana, 2012). Under the Completed Housing Resettlement Project or the

O
developer-constructed approach, which has become a dominant mode in the gov-
ernment’s relocation and housing projects, the NHA will simply choose from the

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developer’s list of sites where the resettlement project will be constructed.
Alternatively, the NHA-accredited developer(s) can offer (1) resettlement sites or
PR
(2) the sale of housing units in developed sites to the community association(s). The
community selects the site and executes a formal agreement with the developer on
the proper endorsement of the Local Interagency Committee (LIAC) and the NHA
of the selected site. The NHA takes care of the financing scheme or loan finance,
and the loan proceeds are paid to the developers on delivery of the housing units
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before the beneficiaries are relocated (Ballesteros & Egana, 2012). In this case, it is
still the private developer who chooses the site for the relocation and housing.
Because private developers are more motivated to maximize profit rather than the
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welfare of the beneficiaries, the land used for relocation is usually of low market
value and unfit for the long PDR of disaster victims as demanded by the PDRRMA.
In the current housing and relocation set-up under the UDHA and NHA housing
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laws, the homeless disaster victims who need immediate shelters after a calamity
have no real power to choose a relocation site that is suitable to their economic and
cultural needs. In the case of Typhoon Ketsana victims of Rodriguez, Rizal, and
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some localities of Metro Manila, beneficiaries have no choice but to apply for
housing units built in ready-made relocation sites constructed by NHA-accredited
developers despite injunctions of the UDHA and its LGU Guidebook requiring the
expressed beneficiary preference on the suitability of the relocation site and its
proximity to employment and livelihood opportunities. Interviews with key infor-
mants in Phase 1A of Southville Rodriguez (SRHP) showed that some beneficiaries
believed that their resettlement site is more hazardous than their former residential
areas in danger zones.
124 5 Suitability and Accessibility of the Relocation Site

5.7.2 From Danger Zones to Death Zones

A visit to SRHP Phase 8A, revealed more unforeseen negative effects to the actual
PDR of Typhoon Ketsana victims. Key informants believed that the actual reality is
far from what the official law provides. On paper, the law explicitly states that the
relocation site for disaster victims must be safe, disaster-free, and suitable to their
economic and cultural needs. However, in reality, the resettlement site is more
risky, disaster-prone, remote, and far from employment zones. Many victims in the
relocation even believed that they were moving from “danger zones” to “death
zones”:
Napakahirap ang kalagayan namin dito. Inalis nga kami sa danger zone dahil malapit sa
ilog ang aming mga bahay, subalit dinala naman kami sa pampang ng kamatayan.
Mapanganib na lugar, marurupok na bahay, walang hanapbuhay, pagkain, malinis na tubig,

F
at ospital. (Our situation here is very difficult. We were removed from the danger zone
because our houses were built near the river, but they brought us to the banks of death: a

O
dangerous site, sub-standard houses, no jobs, food, clean water, and hospital).

The official laws and rules expressly require that the relocation sites for disaster

O
victims must be free from disaster risks. The intention of the PDRRMA and
international conventions on PDR is to create communities resilient to disasters.
PR
This implies that the relocation must be safer than the danger zones where disaster
victims resided before the typhoon. However, this seemed not to be the case. The
Southville Rodriguez relocation site (SRHP) appeared to be more dangerous than
the former residential areas of most of the Typhoon Ketsana victims. Table 2.1
ED

shows that the key informants of this study lived in danger zones, residing in
makeshift houses (barung-barong) near rivers and creeks and in low-lying areas,
before they were relocated to the SRHP. The most common disaster risk they
encountered in their residential districts before Typhoon Ketsana is flooding. All of
IS

them said that their makeshift homes were in low-lying areas located near a river.
However, Southville Rodriguez is prone to various disaster risks aside from
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flooding (Table 5.1).

Ketsana informants believed that they were safer and more comfortable in their
previous abode and location than in their current residential area. Because of the
various disaster risks and problems in the relocation site, most Typhoon Ketsana
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victims in SRHP, especially in Phase 8A, believed that the government has
transferred them from “danger zones” to “death zones” as one victim aptly
describes:
Niligtas nga kami ng gobyerno sa panganib, pero dinala naman kami sa hukay ng kama-
tayan: marurupok na bahay, mas mapanganib na lugar sa kalamidad, walang trabaho at
hanapbuhay! (It’s true that the government saved us from danger, but it brought us to death
graves: weak houses, more dangerous place to disaster, no employment and livelihood.)

The United Nation’s conventions and UDHA on adequate housing require that
beneficiaries must participate in the process of selecting the relocation site.
However, under the present set-up, the beneficiaries at Southville Rodriguez were
5.7 Evaluating the Site Suitability and Accessibility … 125

Table 5.1 Typhoon-Ketsana victims’ places of residence and causes of flooding

Place of residence Town/city Frequency Reason for
(N=27) flooding
Madrigal compound, Sitio Tibag, Rodriguez, 15 Near a river and a
Barangay Burgos Rizal creek
Road 20, Nagtinig floodway; Purok 8, Taytay, 5 Near a river and
Barangay Arenda Rizal low-lying areas
Kasiglahan Village, Barangay San Rodriguez, 3 Near a river and
Jose Rizal low-lying areas
Sitio Masagoksok, Barangay San Rodriguez, 2 Near a river
Rafael Rizal
Barangay Tumana Marikina 2 Near a river
City

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neither consulted nor allowed to participate in the choice of relocation site. The

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resettlement that was intended for the relocation of the urban poor was being used
by the NHA for disaster victims. The power to identify and select the resettlement

O
sites still belongs to the NHA. However, its choice is limited. The NHA can only
choose from a list of relocation areas prepared by NHA-accredited developers or
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sites identified by the LGUs. Site acceptability (on endorsement of the community
and local committees) is evaluated by the NHA based on a term of reference
(TOR) that requires conformity with environmental standards and the subdivision
standards based on BP220 (Ballesteros & Egana, 2012). However, based on
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interviews with local disaster officials of Rodriguez, Rizal, it is ultimately the

developer who usually decides the choice of the relocation site in actual practice.
Because of palakasan (patronage) or strong connections with top government
officials, developers often get what they want from the NHA. They disregard the
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official law that requires developers to consider the endorsement of the community
and environment clearance from the local government.12 In the case of SRHP, even
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if the relocation area has not been endorsed by the beneficiaries and the MDRRMO
because of its disaster hazards, the real-estate companies Baque and San Jose
Builders—the developers of Southville Rodriguez—were able to obtain the
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12
According to Mercy Merilles, the spokesperson of the Montalban (Rodriguez) Relocatees
Association (MRA), the national government, through the Department of Budget and Management
(DBM), released PHP 10 Billion ($227) annually to fund government relocation programs and
had, so far, disbursed PHP 27 Billion ($613.6) to government housing agencies such as the NHA.
This fund constituted the Informal Settlers Fund, which, according to her, became the milking cow
of corrupt NHA officials and source of business capital for low-cost housing firms. See: “What
Safer Place? Urban Poor Relocatees Rebuffs Aquino”, available at http://bulatlat.com/main/2014/
07/16/what-safer-place-urban-poor-relocatees-rebuff-aquino/.
126 5 Suitability and Accessibility of the Relocation Site

necessary permits and registrations for the project. With their strong connections in the
government housing system, they often get what they want in order to maximize profit.13
The NHA employs different modalities for resettlement. In terms of method, relo-
cation and housing projects can be classified as follows: (1) Completed Housing
Projects (CHP) or developer-constructed projects; (2) Housing Material Loan or
Incremental Housing Projects (IHP); and (3) NHA-LGU joint venture or the
Resettlement Assistance Program (RAP-LGU). Between 2003 and 2010, the NHA
executed the development of 88 resettlement projects nationwide, of which 70% (32
sites) of total projects were CHP- or developer-constructed. Under this method, the
developer is assured of payment of all of the units constructed inside the relocation.
However, its main critical weakness is the lack of real influence and control of the
NHA on the settlement location. The only thing that binds the developer regarding site
selection is the Terms of Reference (TOR), which primarily considers environmental
standards but does not require an assessment of the employment potential or access to

F
existing social services in the area. Thus, the NHA cannot directly intervene in the

O
problem of employment and lack of socialfacilities and services caused by the devel-
oper’s fault because this not included in the TOR. Moreover, the NHA has no choice if

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private developers offer cheap sites that are remote and unattractive to the formal
housing market. The power to buy lands for settlement areas primarily belongs to
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private developers. The NHA only chooses from the developer’s list of relocation sites.
Of course, the NHA has the overall control of the housing and relocation system of the
government. It can de-list or de-accredit problematic or abusive private developers.
However, this is less likely to happen if the developers are malakas (powerful) or
politically connected with top NHA and government housing officials.14
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An investigation of the SRHP, where Typhoon Ketsana victims were relocated,

revealed that the site is actually risky and prone to major disasters, which is contrary
to the law’s “build back better” principle (Table 5.2).
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In an interview, the officers of Rodriguez’s MDRRMO said that they were

surprised why government regulators endorsed the construction of SRHP in
Barangay San Isidro by accredited developers of the NHA despite the area’s
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13
The owner of San Jose Builders, one of the developers of SRHP, for instance, is said to maintain
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powerful connections with Malacanang, the seat of power in the country. During the Estrada
Administration, San Jose Builders became the developer of the huge Erap City or the Kasiglahan
Village Relocation Area in Rodriguez, Rizal. As a sign of gratitude, the PCIJ reported that San
Jose Builders gave Estrada the Boracay Mansion and renovated the home of Estrada’s mistress in
the Forbes Park Subdivision in Makati City. He seemed to continue to enjoy close connections
with Malacanang because the President Aquino’s executive secretary is said to be his
brother-in-law. See: http://bulatlat.com/main/2014/07/16/what-safer-place-urban-poor-relocatees-
rebuff-aquino/.
14
San Jose Builders, as one of the developers of the SRHP Housing project, is said to have strong
ties with top government officials including presidents. According to the Philippine Center for
Investigative Journalism (PCIJ) report, it became the developer of a neighboring relocation site
popularly known as Erap City because of its strong connection with the former Philippine
President Joseph “Erap” Estrada: See Florentino-Hofilenia “Erap City” at http://pcij.org/stories/
2000/erapcity.html.
5.7 Evaluating the Site Suitability and Accessibility … 127

Table 5.2 Disaster risks in Southville Rodriguez (SRHP)

Type of disaster Description
risk
Flood Some parts especially those residing at the lower portions of Phase 1A
Earthquake The entire Southville Rodriguez is located in between two West and East
Fault Lines. Some fault lines also traverse the relocation site
Soil erosion The land of Phase 1A is a reclaimed area form a former farmland. Thus,
some parts are gradually eroding, thus causing cracks in housing units
Pollution Southville Rodriguez is surrounded by various by mining, gravel, and sand
companies resulting to dust on roads leading to the relocation site

geographical hazards. Being knowledgeable about the environmental conditions

within its jurisdiction, the local government could have been more discreet in
deciding where the relocation site must be situated. However, such is not the case

F
with most low-cost housing projects of the government. It is usually the accredited

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private developers, with the backing of the NHA and top government officials, who
exercise discretion on where to build the housing project for maximum profit. The

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present location of the SRHP is a former farmland surrounded by environmental
risks. In fact, the entire relocation area is identified by the MDRRMO as being
PR
prone to landslides, soil erosion, earthquakes, and flooding. Some parts of
the SRHP 8B and 8C, in particular, are flood-prone. Moreover, as early as 2004, an
earthquake impact–reduction study predicted that the East and West Valley Fault
Lines, which surround the present the SRHP area, could move at any time and
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create a devastating 6.5-to-7.9 earthquake that could heavily damage Metro Manila
and surrounding provinces including Rizal and particularly the municipality of
Rodriguez (MMEIRS, 2004). Why the NHA and its accredited developers were
given environmental clearances, building permits, and registrations to establish the
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SRHP in 2009 is indeed puzzling to the MDRRMO officers, and one can only think
of corruption as well as the Padrino (sponsorship) and palakasan (patron-
age) systems as the explanation for this discrepancy. Developers who have strong
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connections in Malacanang, HUDCC, HULB, and with NHA officials can develop
and build relocation sites with the necessary permits, clearances, and registrations
despite being declared by the local government as disaster-prone. Buying land in
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remote areas declared by the local government as disaster-prone is cheap and thus
implies greater profit for developers.

5.8 Developer’s Business Interest in Housing

Government slogans advertise that socialized housing is service and not a business
such as Ang pabahay ay serbisyo, hindi negosyo (Housing is service, not busi-
nes) and Gaganda ang Buhay sa Sariling Bahay (Life Improves in One's Home).
However, for the private developers in SRHP, building housing and relocation is
128 5 Suitability and Accessibility of the Relocation Site

primarily business, not a service, as illustrated by their action and involvement in

resettlement and low-cost housing. The government’s scheme of providing guar-
anteed take-outs or full payment to any housing unit built in the relocation area by
developers, with or without household beneficiaries, has emboldened the latter to
substantially decrease construction quality of the housing units and facilities in
relocation in order to maximize profit:15
The UHLP’s formula enables developers to build and sell houses to eligible but not nec-
essarily creditworthy borrowers without significant effect on their financial standing. “They
earn sure income and do not have credit risk exposure,” and at most they incur opportunity
losses due to delays in government reimbursement through the takeout mechanism. In
addition to the “moral hazard” of allowing developers to undertake mortgage origination,
“the lack of credit risk, the ability to exploit information asymmetry in the production of
houses and auxiliary infrastructure such as sewerage, piping, etc., and the guaranteed
takeouts… create incentives for supplying substandard housing units and defective
infrastructure” (Valte, 2013, p. 28).

F
Moreover, “[w]ith developer’s objective for rapid turnover of capital, there is

O
less incentive to find creditworthy buyers or to meet satisfactory development
standards” (Ballesteros, 2011, pp. 2–3). Because low-cost housing is a business

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enterprise rather than a genuine exercise of social responsibility for disaster victims
for private developers, all capitalist cost-saving strategies to decrease cost and
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maximize profit are therefore employed including the purchase of a remote and
cheap land for relocation area, without regard to the suitability of the site to the
safety and economic needs of the beneficiaries.
Government relocation areas in Metro Manila and nearby provinces are appar-
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ently of low market value and thus confer greater profit margin to the developers.
Developers in low-cost housing projects tend to overprice their land for socialized
housing projects because they are assured of payment from a “supportive” gov-
ernment. Some portions of Barangay San Isidro, where Southville Rodriguez was
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built, were declared disaster-prone areas and therefore unfit for housing projects
according to informants of the Municipal Risk Reduction Management Office
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(MRRMO) of Rodriguez, Rizal, and thus would imply a very low market value. Yet
the NHA allowed developers to build relocation sites and houses in these areas.
Some key informants suggested bureaucratic corruption as the reason why the
concerned government agencies allowed the developers to build the relocation
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despite the MRRMO’s assessment. The Anakpawis Partylist group in the Philippine
Congress, suspecting irregularities in low-cost housing, urged the United Nations to
investigate and pressure the government to delist two corporate developers from
accredited developers in the Housing and Land Use Regulatory Board (HLURB)
for overvalued lands they sold to the NHA. These developers of SRHP were also
involved in overpriced housing construction materials in the 2004 Towerville

15
[R]equiring the financial system to take out or guarantee subprime loans implies that the gov-
ernment assumes 100% of the risk and that the resulting nonperforming loans translate to impaired
assets and losses from the sale of these assets. The costs arising from the associated defaults of
these loans amounted to more than PHP 1.0 billion in 2009 alone (Ballesteros, 2011, p. 6).
5.8 Developer’s Business Interest in Housing 129

resettlement project (Ellao, 2011). Despite their tainted reputation, these powerful
developers continued to win more contracts and became the contractors of SRHP in
2009 owing to their powerful social and political connections with top officials of
the government’s housing corporations. Because of palakasan and the Padrino
system, these developers continue to sidestep the various official laws that regulate
the government’s housing projects to the ensure safety and adequacy of housing
and relocation to the urban poor and disaster victims.
Developers usually prefer building projects in remote rural location because of
low land valuation. Although the UDHA strictly requires developers to comply
with the zoning ordinance of the local government in the choice of relocation site,
the influence and illegal connections of large NHA-accredited developers with
some unscrupulous officials of regulatory bodies of the government seems to dis-
regard this requirement. The Baque Corporation, the developer of the SRHP Phase
8B, for instance, was served with an eviction notice by the City Mayor of

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Valenzuela for constructing a housing project without first complying with zoning

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and other construction laws (PCIJ, 2005). Building housing projects on remote and
cheaper land could translate into huge profits for these developers. In the SRHP,
developers sell a 40-m2 lot with a 20-m2 floor area of a bare housing unit to the
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NHA for PHP180,000.00 (around US$2,000) with or without an occupant as
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usually stipulated in project contracts. Any house and lot that developers build in
the relocation site are automatically considered sold by the NHA. A COA report
(2004) revealed that the objectives of government socialized housing were frus-
trated because many units remained unawarded to the intended beneficiaries. Under
the present scheme, developers are assured of payment of their housing units from
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the government regardless whether or not they are awarded to beneficiaries. The
burden of awarding the houses to the true beneficiaries, as well as processing and
receiving the payments, is shouldered by the government.
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Full payment by the government for every row house constructed in the relo-
cation site enables the developer to continuously construct housing units without
regard if there are already beneficiaries waiting to occupy them. A significant
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percentage of developers in the Philippines are small to medium scale firms who are
after a fast rate of turnover of units and cannot wait for four years to recover their
investments. This financial objective is even enhanced by government lending
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systems that require full cost recovery to ensure development loan repayment
within a single project phase. The lack of subsidies and mass production
of low-cost houses and lot packages that may be sold immediately by the devel-
opers to the government, resulted in downscaled and downgraded units that are not
immediately livable” (Ramos, 2000, pp. 12–6) (Figs. 5.1 and 5.2).
130 5 Suitability and Accessibility of the Relocation Site

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Fig. 5.1 Front view of a brand new raw house in the SRHP Phase 8A relocation area. This house
and lot is sold by the developer to the NHA for PHP 180,000.00 (around US$2,000) but

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the actual cost according to subcontractors and residents is probably between PHP
40,000 (around US$800) and PHP 60,000 (around US$1,200), given the low land valuation,
construction defects, and poor-quality building materials. Source Author
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Fig. 5.2 The interior of a
brand new raw house in
SRHP 8A. Source Author
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IS
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5.9 Unintended Effects in the Relocation Site 131

5.9 Unintended Effects in the Relocation Site

Because the new PDRRMA did not provide specifics on the housing of disaster
victims, thus allowing the old law to empower the NHA to manage relocation sites,
more unforeseen effects can be observed in the relocation. On paper, the law
explicitly states that the relocation site for disaster victims must be safe and
disaster-free, but in reality the resettlement area is actually highly unsafe and
disaster-prone. Some victims believed that they were safer in their previous place of
residence than in the relocation area. As one relocatee of the neighboring relocation
site of Kasiglahan Village Relocation site—popularly known as Erap City—which
shares the same problem with the SRHP, aptly described the durability of the
dwelling units in government relocation: “Konting bato, konting semento, semen-
teryo” (A handful of stones, a handful of cement, cemetery).16 To increase profit,

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the private developer build very cheap houses, which are not only structurally weak
and made of poor-quality construction materials, but are also built in a highly

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disaster-prone area.

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5.9.1 Disaster-Prone Relocation Area

An in-depth investigation of the SRHP, where Typhoon Ketsana victims were

relocated, revealed that the site is actually risky and prone to major disasters
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contrary to the law’s “build back better” principle. As already mentioned,

Barangays San Isidro and San Jose, where the SRHP is built, are listed by the
Municipal Disaster Risk Reduction Management Office (MDRRMO) as two of the
disaster-prone barangays in the Municipality of Rodriguez, Rizal, as shown in its
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geo-hazard map. These barangays are also flood-prone areas. The entire the SRHP
relocation site used to be the catch basin of rain waters from the nearby mountains
before they flow toward the Puray and Wawa Rivers. According to its head, the
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MDRRMO was able to secure a municipal ordinance to stop the developer from
building more housing units in the SRHP Phase 8B due to its flooding problems.
However, this was ignored by the developer because the local government had no
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jurisdiction in the management of the relocation area. It could only give a warning
or advice on the disaster status of the site, but it could not directly intervene with
regard to the construction policy on the site.
Flooding is not the only threat to the safety of disaster victims in the relocation
area. The SRHP is built at the top of a minor fault line and surrounded by the two
major fault lines of the West and the East Fault Lines. Building houses proximate to
or residing on fault lines implies imminent danger to the life and property of the
residents. The Philippines is located in the Pacific Ring of fire and is surrounded by
fault lines. As already mentioned previously, a major earthquake mitigation study

16
http://www.bulatlat.com/archive1/009erap_city.htm.
132 5 Suitability and Accessibility of the Relocation Site

conducted in 2003–2004 under the auspices of the Japan International Cooperation

(JICA), Metropolitan Development Authority (MMDA), and Philippine Institute of
Volcanology and Seismology (PHIVOLCS) (MMEIRS, 2004) predicted that at any
time a very destructive earthquake, with an estimated magnitude between 6.5 and
7.9, could hit Metro Manila and the neighboring provinces, including the SRHP
area, owing to movement of the West Valley fault line. This fault line, according to
PHILVOLCS, moves every 200 years; its last cycle has already elapses; and thus it
is ripe for movement (Torregoza, 2011). With substandard construction materials, a
weak soil foundation and construction defects, the SRHP Phase 8A housing units
could easily collapse and result in deaths and loss of property in the area. This is
indeed the most serious unintended consequence of the housing and relocation
program not being contemplated by the PDRRMA and its affiliate laws (Fig. 5.3).

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5.9.2 Other Unintended Effects

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Because the relocation area is remote and far from urban employment, some
beneficiaries have sold their rights to the housing units. Under the law, the bene-
ficiary cannot sell his or her housing units. This will automatically disqualify him or
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her for future housing programs of the government. However, according to infor-
mants some units that were not occupied by the beneficiaries—because they
returned to their original residence because of employment opportunities or because
of extreme poverty were sold—were sold for PHP 40,000–80,000 depending on the
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condition of the house. This act is considered the sale of rights only because the
houses were still not fully paid for by the beneficiary. However, this defeats the
purpose of the housing program. The new occupants or buyers of these units were
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not really poor and disaster victims. Some of these were professional squatters or
members of housing syndicates who buy and sell or lease the housing units for
profit. One buyer from Rodriguez, Rizal, for instance, revealed that he bought one
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housing unit in the relocation site for PHP 80,000.00. He is neither a disaster victim
nor really poor because he works as a regular employee in a private company.
Those who keep their homes in the relocation area and continue to work in
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Metro Manila usually return to the relocation site only on weekends. During
weekdays, they work as informal workers or street vendors in urban centers. To
minimize transportation cost, many opt to sleep in public places to avoid paying
room rent according to informants. Mang Renato, for instance, works as a carpenter
in construction in Quezon City from Monday to Saturday and returns to the SRHP
on Saturday evening and Sunday. He is lucky because he can sleep at the con-
struction site. However, Aling Mila, who sells fruit on the sidewalk of Cubao area,
slept in public places at night (Fig. 5.4).
5.9 Unintended Effects in the Relocation Site 133

Fig. 5.3 Map showing the

five barangays where
Southville and Erap City are
located San Isidro, San Jose,
Macabud, Puray, and Mascap
as well as the two major East
and West Valley Fault Lines
(red lines) surrounding them

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5.9.3 Access to Southville Rodriguez
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5.9.3.1 Kanya-Kanya and Access to the Relocation

When it comes to disaster management, the local governments, especially bar-

angays and municipalities, have a crucial role to play because they are the front
liners who directly implement the law. In fact, the Barangay Disaster Risk
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Management Committee (BDRRMC) and Municipal Disaster Risk Reduction

Management Office (MDRRMO) personnel do the actual rescuing of disaster
victims, i.e., assisting them with their immediate needs, placing them in evacuation
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sites, and processing their applications for relocation and housing. The UDHA,
which implements the relocation provision of the PDRRMA, provides that there
must be coordination between various government agencies for resettlement of the
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urban poor. However, this seemed not to be the case in actual implementation of the
law. Each government agency has its own “turf” and tends not to share resources
with others. The Filipino value of kanya-kanya (following one's own group)often
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occurs in governmental coordination. In the case of the SRHP relocation, municipal

disaster officials are more familiar with the problems and needs of their constituents
and disaster victims than the officials of a national agency such as the NHA. And
yet the NHA, which holds administrative control of the relocation area, does not
often listen to the suggestions and recommendation of local-disaster officials.
Interviews with the Barangay administrator of San Isidro and the head of the HPDO
showed that the NHA decides things for the SRHP without consultation and proper
coordination with the local government or kanya-kanya in doing transactions that
can affect both the national and local governance.
For one, the NHA does not provide the local officials with the proper infor-
mation or demographic data of the people relocated in the SRHP, especially
134 5 Suitability and Accessibility of the Relocation Site

Fig. 5.4 A long shot of the

rock riprap at the back of the
SRHP. Some parts of this
relocation are reclaimed areas
of a farmland. Soil instability
is a major reason why some
parts of the relocation are
gradually sinking, thus
causing cracks in the houses.
The area shown here is
usually flooded during strong
storms. Source Author

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beneficiaries who do not come from the municipality. According to the HPDO

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Head, mayors from Metro Manila who bring disaster victims into the relocation
area also practice kanya-kanya in sending relocatees to the SRHP. Instead of
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coordinating with the municipal mayor or the HPDO office of Rodriguez, Rizal, for
the entry of non-resident relocatees, they go directly to the NHA to negotiate and, at
times, directly to the Office of the President in Malacangan Palace and send their
relocatees to Southville Rodriguez without providing HPDO officials with the
profile and basic information of the new beneficiaries. The NHA, in turn, despite
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knowing these negotiations, does not also immediately inform and update the
HPDO with regard to new migrants entering the municipality. Moreover, the NHA
does not regularly update the HPDO concerning new construction or administrative
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changes in the relocation. Up to the present, the NHA has consistently resisted,
according to the HPDO, in providing a master list or profile of all the beneficiaries
or relocatees inside the SRHP for monitoring purposes in order to prevent multiple
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ownership of housing units and entry of professional squatters and illegal groups in
the relocation.
The absence of a master list of all residents in the SRHP has left the LGU or
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HPDO clueless with regard to the entry of illegal or non-resident relocatees in the
relocation area. The Barangay Disaster Risk Reduction Management Council
(BDRRMC) officials in San Isidro, who directly supervise the resettlement in terms
of disaster management, socio-economic development, and peace and order, are
also groping in the dark on the demographic profile of non-Rodriguez disaster
victims who migrated to the relocation site. Thus, according to the barangay
administrator of San Isidro, a census was recently commissioned in order to obtain
these data. Local officials complained of the lack of cooperation of the NHA about
the sharing of information and administration of the SRHP which technically
belongs to their local jurisdiction.
Although the PDRRMA seemingly empowers local governments in disaster
management, local officials appear powerless in the case of the post-disaster
5.9 Unintended Effects in the Relocation Site 135

recovery of disaster victims at the SRHP. Even with mayors negotiating with the
NHA and with top government officials, the BDRRMC and HPDO could not
control the influx of disaster migrants in the barangay and in the municipality.
According to barangay officials, the infrastructures of San Isidro could no longer
accommodate the increasing population in the SRHP. It lacked funds to develop
projects and to hire more barangay personnel, such as tanod (police) or health
workers, to attend to the needs of the local population especially with regard to
peace and order and health services. According to them, the continuous influx of
migrants in San Isidro has also affected the services and infrastructure of the bar-
angay. The public utility vehicles in the relocation area, like tricycles and passenger
jeepneys, are still illegally operated without franchises from LGUs and the Land
Transportation and Franchising Regulatory Board (LTFRB). Major public works in
the area near the vicinity of the relocation remained unattended because of the lack
of funds. The main entrance road to the relocation site, for instance, remains rugged

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and uncemented. For San Isidro barangay administrators, the local government

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must be consulted first before additional relocatees can be allowed into the SRHP
Rodriguez (Fig. 5.5).

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However, this restriction seems not to be the case. One reason why mayors and
relocatees adopt kanya-kanya, i.e., bypassing the entry requirements of the local
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barangay, is political in nature. Non-residents of Rodriguez who relocated in the
SRHP are required by barangay officials to register as voters of the municipality.
For barangay officials, registration makes these people legitimate residents of the
municipality and thus can avail some of the benefits accrued to local residents.
However, for some relocatees, registering as voters before entering the relocation
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site is a strategy of the mayor and other officials to obtain more votes during local
elections. Barangay San Isidro is a vote-rich area in Rodriguez, Rizal, because of
the ongoing relocation and migration. A mayoralty candidate who can win in San
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Isidro has a greater chance of being elected as mayor. In fact, the incumbent mayor
is the former barangay captain of San Isidro.
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Fig. 5.5 The rough road at

the main entrance of the
SRHP. Source Author
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136 5 Suitability and Accessibility of the Relocation Site

Mayors of Metro Manila or nearby municipalities who bring relocatees to

the SRHP want to bypass this registration process to avoid losing votes from their
constituents; thus, the kalakaran (practice) of kanya-kanyang diskarte (individual
strategy) of bringing relocatees to the SRHP while avoiding coordination as much
as possible with the local government or municipal and barangay officials. For
migrants, retaining their residence status is beneficial to them. According to
informants, migrants prefer to retain their residence status because they do not want
to lose their benefits from their original local government. Relocatees from
Marikina City, for instance, do not want to lose educational benefits for their
children or their affiliation with the mayor’s local party because of monetary or
employment benefits.

5.9.3.2 Palakasan and Pahirapan in the Pre-qualification Process

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The accessibility of the housing and relocation program is influenced by social and
political connections in the case of the SRHP. In the Filipino value system, pala-

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kasan and pahirapan (difficult process) are related but belong to opposite poles.
People who are malakas, i.e., those who have the means and strong connections
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with government officials, do not necessarily experience hirap of getting what they
want. However people who are mahina (politically weak), i.e., those with no
connections with powerful people, experience hirap (difficulty), and the process of
getting what they want then becomes pahirapan or “of extreme difficulty.” The
classic definition of politics by H. Lasswell as “who get what and when” can be
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applied here. Being poor, homeless, and victims of disaster is not a guarantee to
become beneficiaries of the socialized housing of the government as stipulated by
law. Disaster victims, such as those of Typhoon Ketsana, are required to undergo a
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tedious and costly screening or pre-qualification process performed by various local

and national agencies before being awarded housing units in the SRHP. The final
outcome would depend on the appreciation of the application and the degree of
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political connection of the applicant with government officials. In this sense, the
housing program and relocation are not accessible to all poor homeless vic-
tims because palakasan influences the screening and application system.
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The screening process starts when disaster victims file their application in the
barangay. As stipulated by the 2010 PDDRMA, the Barangay Risk Reduction
Management Council (BRRMC) receives the applications and conducts an initial
investigation of the applicants. In the case of Typhoon Ketsana victims of
Rodriguez, Rizal, the applicants must submit their applications to the BRRMC
officials in Barangay San Isidro where the SRHP is located. In choosing the ben-
eficiaries of the relocation and housing, the BRRMC uses the following criteria
under the LGU’s guidebook:
1. Poor families qualified for relocation and resettlement and assistance under the
Urban Development Housing Act of 1992 (RA 7279).
5.9 Unintended Effects in the Relocation Site 137

2. Underprivileged and homeless citizens whose average or combined family

income fall within the poverty threshold.
3. Those who do not own any real property and have not been beneficiaries of any
government housing program except on leasehold or rental arrangement. First
Priority—Target project beneficiaries Second priority—Open Market.17
To avail of the NHA housing, the applicant must present: (1) barangay clear-
ance, (2) a marriage contract, and (3) valid identification.
After this initial screening, the Barangay Risk Reduction Management Council
(BRRMC) makes a master list of qualified applicants and submits it, together with the
application and supporting documents, to the Housing and People’s Development
Office (HPDO) in the municipal hall. The HPDO screens again the applicants whether
they can qualify as beneficiaries in the socialized housing of the UDHA and creates a
final master list to be submitted to the NHA for final approval. Interviews with HPDO

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and BRRMC officials revealed that the pre-qualification process is required by the
UDHA for socialized housing applicants to prevent professional squatters or mem-

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bers of housing syndicates disguising as homeless urban poor or disaster victims to
exploit the government’s urban poor housing program.18 Under Section 16 of the

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UDHA, only the following are eligible to be socialized housing–program benefi-
ciaries of the government in relocation area as follows:
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(a) must be a Filipino citizen;
(b) must be an underprivileged and homeless citizen,
(c) must not own any real property whether in the urban or rural areas; and
(d) must not be a professional squatter or a member of squatting syndicates.
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Although the pre-qualification process is intended to weed out professional

squatters, the complexity and rigidity of the application system sometimes create
unintended effects that tend to frustrate the objectives of the new disaster law. For
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one, this costly and time-consuming process became an additional burden to their
current application sacrifices. The victims do not only experience standing in long
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queues in the municipal hall, but also in the local NHA office in Kasiglahan Village
usually under the strong heat of the sun. Two poor and homeless Ketsana victims
recalled their difficult experiences with their applications:
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17
LGU’s Guidebook, p. 14.
18
“‘Professional squatters’ refers to individuals or groups who occupy lands without the express
consent of the landowner and who have sufficient income for legitimate housing. The term shall
also apply to persons who have previously been awarded home lots or housing units by the
Government but who sold, leased or transferred the same to settle illegally in the same place or in
another urban area, and non-bona fide occupants and intruders of lands reserved for socialized
housing. The term shall not apply to individuals or groups who simply rent land and housing from
professional squatters or squatting syndicates” (UDHA, Sect. 3 [m]).
138 5 Suitability and Accessibility of the Relocation Site

Aling Berta:
Ilang araw na pagpipila sa munisipyo. Nakahihilo po sa pagkuha ng mga requirements.
Lakad-takbo po ang ginawa naming para makauna. Mahirap pong makakain…. [A few days
of queuing in the municipal hall. Getting the requirements can cause dizziness. We walked
and ran in order to be first. It was difficult to eat.]

Aling Nena:
Madalas pabalikin sa NHA at pumila ng napakahaba sa init ng sikat ng araw at walang
pamasahe o pangmeryenda man lang. [We often went to the NHA back and forth and
followed long lines under the heat of the sun and without fare and snacks.]

Moreover, the frequent follow-up of their applications also drained their limited
resources of the poor applicants. For Typhoon Ketsana victims in SRHP, the
application and pre-qualification processes have intensified the suffering of the
disaster victims. After having lost everything after the disaster, they must bear the

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inconvenience of long queues and hunger to obtain and submit the requirements.

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5.9.3.3
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The Padrino System, Palakasan, and Access to Housing
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The most painful part of the pre-qualification process is the uncertainty of approval.
Some of the informants complained of palakasan, kakilala, and the Padrino system
involved in the awarding of housing units in the relocation site. Normally, the
processing of an application takes 1–3 months before one can occupy a house in the
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SRHP relocation area. However, if one has a sponsor (Padrino), usually a politi-
cian, the waiting period is said to be shortened. Even those who are not qualified
under the law can avail of the housing units in the relocation site if they have
political backers. Two of the informants, for instance, attributed the fast approval of
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their applications to the sponsorship of a local municipal official whom they

campaigned during the election. Thus, poor disaster victim who has no kakilala or
Padrino in the pre-qualification process has a high probability of disapproval of
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their application and must go through the difficult process of securing the necessary
documents for their application and a longer waiting period for their approval.19
The most alarming unintended effect in the pre-qualification process, according
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to some informants, is disapproval despite complying with all of the requirements

and knowing that one is truly qualified under the law. Because local disaster and
NHA officers have the discretion to approve or reject applications, palakasan often
influences the selection process. Those who are malakas or have a political sponsor
in the local government or NHA can easily avail of housing unit, but those who are
weak with no connection must undergo the long route or pahirapan just to get a
unit in the relocation site. The Padrino system sometimes influences the awarding

Some informants revealed that they had difficulty securing the documents because the flood had
19

washed away all their belongings. Moreover, it is more expensive for them to go to different
government agencies just to obtain a copy of certificates for their application.
5.9 Unintended Effects in the Relocation Site 139

of housing units. The beneficiary must have a sponsor or kakilala (acquaintance) in

the barangay, local DSWD, or municipal government to guarantee swift approval of
their housing application. This was confirmed by three Ketsana relocatees in SRHP
8A, who were not actually poor and homeless and have real property, according to
an interview, but were able to get housing units in the relocation because of their
political sponsors. Local politicians—such as mayors, counselors, or barangay
officials—often sponsor some people, especially their political supporters, to secure
housing units in the SRHP despite being disqualified under the UDHA law. Even
one barangay councilor who has a connection with the local municipal mayor was
able to secure a housing unit in the SRHP.
The law specifically requires the LGUs to identify the legitimate disaster victims
or homeless as beneficiaries of the government’s relocation and housing projects.
However, the kalakaran (custom) to secure housing units in the SRHP, according to
the HPDO Chairperson, before he took over his post was that application forms were

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reproduced, photocopied, and distributed to the public and not exclusively for dis-

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aster victims. This means that anyone who has an application form and connection or
kakilala (acquaintance) or Padrino (sponsor) or who has the money to bribe local

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officials can avail of the socialized housing intended for the urban poor and disaster
victims. The law, which says that only the poor and homeless with no real property
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can avail of the relocation and housing, is seldom followed in practice. The informal
rules of palakasan, the Padrino system, and lagay (bribe) dominate the system with
regard to the accessibility of the resettlement and housing in government relocation
sites such as the SRHP. In an interview, the HPDO Chairperson acknowledged that
he saw names of relatives of some municipal officials, who are neither poor nor
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disaster victims, awarded with housing units in the relocation during the previous
administration. He continued to see applicants who are not victims of disasters and
who owned real property applying in his office for new houses in the SRHP. In the
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absence of a database or profile of the applicants and disaster victims due to the lack
of computerization of government records, the HPDO usually faced with the diffi-
culty of verifying the authenticity of entries in the application form, particularly with
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regard to the applicants’ social class and ownership of real property. The Philippines
lags behind in the computerization of government records and e-government
compared to its Asian neighbors. An online database showing real property owners
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in the Philippines does not exist in the NHA records.

The official rules found in the UDHA and HUDCC’s LGU guidebook require
that the local government must actively identify and organize the beneficiaries of
the government’s housing program. The UDHA requires LGUs to “identify and
register all beneficiaries within their respective localities,” whereas the LGU
guidebook requires the local government must first “conduct census of potential
beneficiaries of the projects” and then organize them in preparation for their access
to the resettlement and housing project (LGU Guidebook, p. 916). With these
provisions, the application for relocation and housing must therefore be given only
to the community of genuine beneficiaries and not to outsiders and disqualified
individuals or groups. Under the PDRRMA, the beneficiaries must be, first of all,
disaster victims who are underprivileged, homeless, and not professional squatters
and owners of real property in the country (UHDA Section 16).
140 5 Suitability and Accessibility of the Relocation Site

However, this seems not to be the case in actual practice. According to informants,
the role of the LGU in identifying beneficiaries particularly in Rodriguez is not
proactive as required by the official law but passive. In other words, the HPDO does
not go to the beneficiaries; the beneficiaries go to the HPDO. The potential benefi-
ciaries must approach the HPDO and submit applications for approval. In fact, the
HPDO distributes application forms and waits for the disaster victims or target
beneficiaries to apply. This process, according to informants, results in abuse of the
relocation and housing system intended for the homeless urban poor and disaster
victims by illegal groups and housing syndicates. According to the current HPDO
head, some enterprising individuals who are familiar with the system and have
connections with national and municipal officials sometimes bribe NHA or/and
HPDO officials to obtain housing units in the SRHP. They pay a lagay (bribe) for
each unit and sell it interested buyers who are not necessarily poor or disaster victims.
Housing syndicates are not gun-toting or organized crime groups but rather

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enterprising people who know the loopholes in the housing system, have strong

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connections with municipal and NHA officials, and engage in buy-and-sell or lease of
government housing units in the relocation for profit. These syndicates operate at

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both the local and national level. Those at the national level are syndicates who
acquire their housing units directly from the NHA, whereas the local syndicates
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obtain their housing units from unscrupulous local housing officials. Each housing
unit has a corresponding bribe, according to informants, but the syndicate still earns
huge profits when they sell the units to interested buyers at a higher price. According
to informants, these housing syndicates usually have political connections with some
officials in the NHA and even in Malacanang. Because bonafide beneficiaries in the
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SRHP do not possess legal documents as proof of ownership, only entry stubs, and
because the NHA is non-transparent concerning the master list of the real benefi-
ciaries or occupants of the relocation, there are instances where the units occupied by
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residents are actually under the names of other people.

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5.9.3.4 Social Access and Political Patronage

The reliance of the PDRRMA on the pre-existing legal structure of the UDHA and the
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government’s socialized-housing program has not only led to the inheritance of various
unintended consequences not directly related to post-disaster recovery, but it has led to
political patronage becoming embedded in the Philippine socialized-housing system. In
a relocation site owned by the national government relocation site through the NHA,
the LGU, according to the HPDO, is entitled to 10% of the total housing units. Thus, if
Southville Rodriguez is expected to reach 60,000 housing units, the municipal gov-
ernment through the HPDO is entitled to 10% of 60,000 or 6000 housing units for their
resident disaster victims or relocatees.
Despite the official law specifying that the LGU, where the relocation and
housing project is located, is responsible for selecting the beneficiaries, there is an
informal rule or internal arrangement within the provincial government that 10% of
the housing units will be divided into three equal shares each to the municipal mayor,
5.9 Unintended Effects in the Relocation Site 141

the congressman of the district, and the provincial governor. This means that access
to the relocation and housing units pass through the approval of these government
officials. One way or another, the beneficiary must be socially or politically con-
nected to these officials, or to their subordinate allied officials such as barangay
officials, to gain easy access to the relocation site and housing benefits. The disaster
victims must therefore have a political sponsor or Padrino who is politically con-
nected with these officials to expedite his or her application for housing in
the SRHP. One kagawad, or barangay councilor, was able to relocate a group of
Typhoon Ketsana victims from Barangay Manggahan, Rodriguez, Rizal, to the
SRHP because of his close ties to the former municipal mayor. During elections, the
barangay captains and officials such as councilors play an important role in deliv-
ering votes for mayors, governors, and congressmen. Thus, barangay politics is also
important with regard to the endorsement of housing applications to the HPDO.
The HPDO officials themselves, who are appointed by the incumbent mayor, also

F
consider political affiliation aside from the informal rule of kinship ties

O
(kamag-anak) or bribery (padulas/lagay) in approving housing applications for the
relocation site. Disaster victims and applicants who are not political supporters or

O
members of the in-group (sakop) of the incumbent local officials and who are not
kakilala (acquintances/friends) of the barangay officials can encounter serious dif-
ficulties in availing the housing benefits of the government as envisioned by the PDR
PR
provisions of the PDRRMA. The strong informal and cultural normative sytems of
different public and private stakeholders can sideline the legal norms of the UDHA
and PDRRMA on relocation and housing for the poor and disaster victims.
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5.9.4 Summary
IS

This chapter has shown that despite the official laws’ injunction to allow beneficiaries
to determine the suitability of the site for their relocation and housing project, the
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power to choose the relocation site ultimately belongs to the NHA-accredited private
developers, especially in the case of Typhoon Ketsana victims of Southville
Rodriguez. The inadequate legal provisions of the PDRRMA and the government’s
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joint-venture and PPP strategies to entice the private sector to invest in low-cost
housing results in the adoption of the pre-existing arrangement regarding relocation
and housing under the UDHA and undue benefits and hegemonic powers to private
developers, especially in determining the suitability of the relocation in
the developer-constructed projects such as the SRHP. Medium-sized private devel-
opers, assisted by the NHA in their technical housing needs and motivated more to
maximize profit rather than providing a suitable site for the welfare of the beneficiaries,
usually choose sites that are remote, disaster-prone, and of low market value, which is
contrary to what the official laws of the PDRRMA and UDHA require. The SRHP is
situated in a disaster-prone area of Barangay San Isidro and remote to urban-
employment zones. This chapter has also shown that the criteria for physical and social
access to the relocation as demanded by official international conventions and the
142 5 Suitability and Accessibility of the Relocation Site

UDHA are largely unmet. The relocation is physically inaccessible due to its remote
location and poor transportation system. It is also highly disaster-prone and remote
from urban employment and livelihood activities of the beneficiaries. Social access is
also not open to all of the disaster victims severely affected by Typhoon Ketsana. The
informal rules and the cultural norms of palakasan, lagay, padulas, Padrino system,
kakilala, and other social normative systems dominated the relocation system in the
SRHP and sidelined the legal norms of the UDHA and PDRRMA that protect the poor
and disaster victims. Those who had strong political ties with some top national and
local politicians and public officers officials were more likely to gain access to housing
and relocation area than those who were poor and truly affected by Typhoon Ketsana.

References

F
O
Ballesteros, M. (2002). Rethinking Institutional Reforms in the Philippine Housing Sector.
Discussion Paper Series No. 2002–16. November 2002. Philippine Institute for Development
Studies (PIDS). http://dirp3.pids.gov.ph/ris/books/pidsbk05-ppshousing.pdf

O
Ballesteros, M. (2011). Fiscal costs of subsidies for socialized housing programs: an update. PIDS
Policy Notes, 2011–14.
PR
Ballesteros, M., & Egana, J. (2012). Efficiency and Effectiveness Review of the National Housing
Authority (NHA) Resettlement Program. http://www.dbm.gov.ph/62C97C27-20B5-4CB0-
9BD2-8286EDF12907/FinalDownload/DownloadId-802ACD5E5502BED20A5F66A855713/
62C97C27-20B5-4CB0-9BD2-8286EDF12907/wp-content/uploads/DBM%20Publications/
FPB/ZBB-2012/e.pdf. Accessed March 4, 2015.
ED

COA Report. (2002). Socialized Housing Program, Municipality of Rodriguez, Province of Rizal
(Management Services, Report No. 2002–06, Sectoral Audit). http://www.coa.gov.Ph/
GWSPA/GWSPA.htm
COA Report. (2004). Sectoral Performance Audit Report on the Housing Program of the
Government. CYs 2001–2004. http://www.coa.gov.ph/index.php/sectoral-performance-audit/
IS

category/244-housing-program-of-the-government?download=701:national-housing-authority-
ms-report-no-2004-02a
Ellao, J. (2011). Urban poor urges United Nations to investigate rights violation, published Oct.
EV

25, 2011. http://bulatlat.com/main/2010/10/25/urban-poo-urges-united-nations-to-investigate-

rights-violations/. Accessed 20 Jan 2013.
MMEIRS. (2004). Earthquake Impact Reduction Study for Metro Manila, Republic of the
Philippines, Final Report, (Vols. 1–6). Tokyo: Japan International Cooperation Agency. http://
R

www.ndrmc.gov.ph/Attachments/020_E_SUMMARY_01_PDF
PCIJ. (2005). City of Valenzuela, Office of the Mayor, Executive Order No. 2005-022, Series
2005. Immediate Order for the Ejectment of the Occupants of a Socialized Housing Project
Owned by Morningville Homeowners Association Developed by Baque Corporation. http://
pcij.org/stories/2005/Gatchalian-eviction-oder.pdf
Ramos, G. (2000). The Urban Development and Housing Act (UDHA) of 1992, A Philippine
Housing Framework. http://www.lth.se/fileadmin/hdm/alumni/papers/ad2000/ad2000-12.pdf
Torregoza, H.L. (2011). Marikina Valley Fault Line ‗ripe for movement‘ PHIVOLCS. Manila
Bulletin Publishing, p.1, March 16, 2011. http://www.mb.com.ph/node/309766/marikina-
valley-fault-line-ripemovement-phivolc
Valte, M. (2013). A House for Every Filipino: A Pipe Dream in the Land of Promises? http://
www.ombudsman.gov.ph/UNDP4/wp-content/uploads/…/Chap6.pdf
Chapter 6
Security of Tenure, Affordability,
and Habitability

Abstract The right to adequate housing includes the right the security of tenure to
one’s housing unit and the right against eviction. It also requires that the low-cost
housing for disaster victims must be affordable and commensurate with the income

F
of the urban poor. Above all, the housing units must be habitable and resilient to

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disasters. This chapter examined how these rights are protected and implemented in
the relocation and housing program of Typhoon Ketsana victims in Southville

O
Rodriguez Housing Project (SRHP) in Rodriguez, Rizal, in accordance with the
2010 Philippine Disaster Risk Management Act (PDRRMA) and related laws. It
PR
also examined how the informal connections and rules between accredited devel-
opers and the National Housing Authority (NHA) and other housing agencies
influenced the implementation of the official laws on post-disaster relocation and
housing. It explained why the official laws, which were intended to build affordable
and habitable homes for disaster victims with occupants enjoying the right to
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security of tenure, turned out to be unaffordable and unfit for human occupation due
to their weak construction materials, defects, and soil erosion.

Affordability
Habitability

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Keywords Adequate housing Security of tenure

Post-disaster housing Relocation Eviction
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6.1 Security of Tenure

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The intention of the law in creating “resilient” communities implies that disaster
victims must not only be given permanent homes, even better than their previous
ones, but also legal ownership and security of tenure against evictions or harass-
ments. The Urban Development and Housing Act of 1992 (UDHA), under Sect. 3
(o), defines security of tenure in socialized housing as “the degree of protection
afforded to qualified Program beneficiaries against infringement or unjust, unrea-
sonable and arbitrary eviction or disposition by virtue of the right of ownership,
lease agreement, usufruct and other contractual arrangements.” Under the
Philippine civil law, the conclusive and indisputable proof of security of tenure is

© Springer Nature Singapore Pte Ltd. 2017 143

V.O. Ballano, Law, Normative Pluralism, and Post-Disaster Recovery,
DOI 10.1007/978-981-10-5074-9_6
144 6 Security of Tenure, Affordability, and Habitability

the Torrens title. If the house and lot are bought on installment, the contract to sell
executed between the buyer and seller becomes a reliable proof of ownership and
security against eviction while the property is still in mortgage and has not been
fully paid for by the buyer.
Although the PDRRMA does not explicitly state the right of disaster victims to
their homes in relocation areas, it nevertheless affirms the right of occupants against
eviction. It implicitly recognizes the right of security of tenure of relocatees to their
housing units by stating that it upholds the constitutional right to property in
socialized housing (Sect. 1, [b]) and “incorporates the internationally accepted
principles of disaster risk management in the creation and implementation of
national, regional and local sustainable development and poverty reduction strate-
gies” (Sect. 1, [c]). This implies that the PDRRMA does not only recognize all
pertinent laws on titling and security of tenure but also adopts the United Nations’
(U.N.) understanding of security of tenure. Under the U.N. conventions, security of

F
tenure has a broader scope. It not does only include the proof of ownership but also

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the right against eviction. According to international human rights law, the U.N.
also understands the right to adequate housing as the right to protection against

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arbitrary or unlawful interference with privacy, family, home, and to the legal
security of tenure (UN Guidelines on Housing, Annex 1, p. 5).
PR
6.1.1 Security of Tenure in the Southville Rodriguez
Relocation Area
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Disaster victims who have lost almost everything are entitled to feel a sense of
security that after paying 30 long years of amortizations they can finally own a
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home. This is not what the Ketsana victims in the SRHP Phase 8A, believed with
regard to the legal security of their homes. Disaster relocatees in the relocation area
complained to local officials that the NHA only gave them an entry pass, a small
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piece of paper bearing the name of the beneficiary and the address of the unit, as
proof of ownership to their housing units. They have no copies of title to the land
and house, just the orange-and-green entry pass issued to them by the National
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Housing Authority (NHA). In an investigation by Demolitionwatch in the SRHP

Phase 8B, it was discovered that residents did not have a proper contract or
agreement with the developers regarding the ownership of their housing unit. Home
owners said that they had signed the agreement but did not fully understand the
content of the contract with the NHA. In fact, when asked how much is the contract
price of their housing unit, their answers varied and estimates ranged from “PHP
100,000 to 200,000” (US$2000–4000) indicating that they were not fully aware of
the contract price of the housing units awarded to them by the NHA.
Although Typhoon Ketsana victims were required to sign documents in the local
NHA office in Rodriguez, Rizal, before being given entry stubs, no duplicates or
photocopies of the original contract to sell or other documents as proof of
6.1 Security of Tenure 145

ownership of their housing units were given to them. Because of their lack of
education, some of the beneficiaries complained that they did not fully understand
the legal content of the documents they signed at the NHA office. Furthermore,
fatigue and hunger due to long queues under the heat of the sun in the provincial
NHA office had deprived them the luxury of time to evaluate and understand the
legal implications of the housing documents they signed.
Not comprehending the legal documents fully could deny the legitimate benefi-
ciaries legal security to their shelters. Relocatees may possess stubs and signed
documents, yet their names may not appear in the Alpha list (official list) of true
housing beneficiaries of the NHA. In a 2002 Report of the government’s
Commission on Audit (COA), for instance, the audit team discovered that the NHA
conducted no regular monitoring and evaluation of the actual occupants of the
awarded units, since the latter believed that this responsibility belonged to the
homeowners’ association. Because of this, some families occupying the relocation

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were not on the NHA master list. If beneficiaries are not included in this list, double or

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multiple awarding of shelter units could not be detected, and unscrupulous activities
perpetrated by housing syndicates or professional squatters could not be monitored
and detected by authorities.
O
The officers of the Housing and People’s Development Office (HPDO) of
PR
Rodriguez, Rizal, said that they have asked the NHA for the Alpha list of all the
legitimate homeowners inside the Southville Rodriguez Housing Project (SRHP)
relocation area. However, the NHA refused to accommodate their request. Thus, the
HPDO suspected that the NHA must have been hiding something for refusing to
provide the municipal government with the necessary data regarding actual and
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legitimate occupants of the SRHP. Due to the lack of information and profile of all
relocatees allowed by the NHA to occupy the housing units, Barangay San Isidro
initiated a census of all beneficiaries living in the entire relocation area in November
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2012 (Fig. 6.1).

Professional squatters and squatting syndicates can exploit the NHA’s lack of an
updated and complete official list of legitimate homeowners and residents in the
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SRHP. They can occupy and buy housing units intended for disaster victims and

Fig. 6.1 Some of the

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unfinished and unoccupied

housing units in Southville
Rodriguez Housing Project
(SRHP) Phase 8A. Source
Author
146 6 Security of Tenure, Affordability, and Habitability

later sell or lease them for a profit. Syndicates can also hire occupants mas-
querading as disaster victims to occupy the housing units in the relocation with
different names appearing in the NHA’s master list. One time, according to the
Municipal Disaster Risk Reduction Management Office (MDRRMO) chairperson
and head of the HPDO, the local police of Rodriguez were able to apprehend bogus
relocatees and professional squatters whose names did not appear on the NHA
master list. This incident confirmed some local officials’ suspicion that big-time
syndicates with connections in the NHA may have taken advantage of the gov-
ernment‘s low-cost housing and post-disaster recovery program.
This practice of double or multiple awarding of housing rights is common in the
Philippine housing procedures wherein the real owners and occupants of the
housing units are unaware that the units they amortisized from the government are
actually titled in the name of another person. The possession of entry pass without
the required legal documents is not what the law intended. Two key informants in

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SRHP revealed that they bought their units from the NHA after borrowing money

O
from informal lenders. But they were shocked when they discovered that the
houses they bought from the NHA local office were already owned by other people

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upon verifying the official list in the main NHA office.
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6.2 Habitability

The right to an adequate housing by displaced persons such as disaster victims, as

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defined by the United Nations, does not only mean owning a house in resettlement
areas but also acquiring a residential unit that is habitable and resilient against any
disaster. Habitability implies that the housing has sufficient space and is structurally
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sound for protection against the destructive elements and disease vectors. The 2010
PDRRMA did not explicitly elaborate the type of houses that the developers must
build in the relocation site. It assumed that all existing laws on housing construction
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under the National Building Code (NBC) and other real estate laws would be
applied to build habitable houses for the relocatees. Habitability of dwelling
units includes following standard building materials and procedures. The burden of
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monitoring whether housing units built by private developers in the SRHP comply
with the building code and environmental requirements belongs to the NHA given
the lack of authority of the LGU to interfere in the construction and management of
the relocation site.
In the SRHP, Typhoon Ketsana victims complained that their houses have
construction defects and are made of sub-standard construction materials. The
house structure has no posts. Only two parallel walls, built with hollow blocks and a
few small round steel bars partially filled with mixed cement, served as the “main
posts” of the dwelling unit. To save money, the developer used only a few
round steel bars around the house (8 mm). To save cement, the mixture of the sand,
gravel, and cement did not follow the standard proportion, thus making the entire
concrete structure weak, according to some construction workers. Moreover, the
6.2 Habitability 147

Fig. 6.2 A sinking floor due

to the absence of steel support
and movement of the soil.
Source Author

Fig. 6.3 A cracked bathroom

wall caused by gradual

F
movement of the ground.
Source Author

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cement floor did not have steel bars. Thus, some floors were sinking because some
parts of the relocation were only reclaimed by the developer (Fig. 6.2).
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According to some informants, many raw houses of the SRHP Phases 8A and 8B
were built on top of reclaimed areas as the relocation area was formerly a farmland.
The housing units were built on a weak soil foundation, and thus cracks are common
inside the row houses. A report by Demolitionwatch (2012) on the condition of
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houses in the SRHP Phase 8B confirmed the weak construction of the houses. It
reported that the housing units have cracked floors and walls, exposed sockets and
fuse box, damaged door knobs, leaking water pipes, very thin galvanized roofing,
and substandard steel support bars, i.e., just 8-mm hollow blocks 4 in. in width1
(Fig. 6.3).

1
See, “Urgent Appeal filed to the United Nations Special Rapporteur on Adequate Housing
Regarding the Worsening Condition of Families in the Relocation.” Available at http://www.
demolitionwatch.
wordpress.com/ 2012/01/10/urgent-appeal-f-2/.
148 6 Security of Tenure, Affordability, and Habitability

Fig. 6.4 A homeowner

points to the cracked wall of
his housing unit because of
the gradual sinking of the
ground. Source Author

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O
According to some informants, the construction of housing units was tinipid

O
(made very cheap) to earn more profit for the developers, contractors, and
sub-contractors. Another major reason why the houses were very weak in materials
PR
and construction is that the developers allowed subcontractors to construct the
housing units. To earn more money, the sub-contractor further lowered the con-
struction cost by using sub-standard construction materials and disregarding the
technical specifications and construction standards set by the National Building Code
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and NHA guidelines.2 (Fig. 6.4).

The practice of using sub-standard materials in the construction of low-cost
housing at relocation sites is often caused by the passing of contracts
(sub-contracting) from one contractor to another. In the construction of infrastructure
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projects in the Philippines, it is a common practice of contractors to pass the work

from one contractor to another and, in the process, a certain percentage of the project
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value is retained by each contractor and sub-contractors, thus resulting in the use of
substandard materials or even unfinished projects.3 In order to make more money,
sub-contractors usually decrease the production cost by reducing the number of
steel bars, amount of cement, size of hollow blocks, etc. This practice is a
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2
A technical team that inspected the houses in Kasiglahan Village, a relocation site also built by some
developers of Southville Rodriguez, discovered that “the houses built for the communities did not
have the adequate structural elements, which are required by the National Structural Code of the
Philippines (NSCP), such as concrete reinforced columns needed to keep houses sturdy against
earthquake and wind loads. Ground settlement can be seen everywhere. Furthermore, the spacing of
the rebar reinforcements of the concrete hollow blocks did not match those required of the
NSCP. Moreover, the increase of the row houses with respect to the nearby river is suspected to be
inadequate for flood protection.” (http://agham.org/982A135D-126E-4030-968A-8A7E39096724/
FinalDownload/DownloadId-87F163CF5826B2B1D9575EF1D2454395/982A135D-126E-4030-
968A-8A7E39096724/sites/default/files/agham-downloadables/kasiglahan_village_report_0.pdf)..
3
http://www.pctc.gov.ph/papers/graft.htm.
6.2 Habitability 149

win–win situation for the NHA’s accredited developer–contractor of the relocation

site. Developers are assured of payment from the NHA for all the units they built
inside the relocation. By hiring sub-contractors, the developer earns profit without
effort and gains capital to build more housing units. According to a conservative
estimate of one sub-contractor in 2013, the actual price of the house and lot in the
relocation was approximately PHP 40,000 (around US $800). But the selling price
of the developer for each unit was between PHP 180,000–200,000. Whatever the
agreement between the developer and sub-contractor, the developer still earned profit
at the expense of the habitability of the houses for Typhoon Ketsana victims and other
residents in the SRHP.

6.3 Affordability

F
O
The Affordability in low-cost and post-disaster housing requires that the hous-
ing units, including necessary services, be commensurate with the income level of
the beneficiaries.
O
The payment schedule or monthly amortization of the houses in the SRHP as
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shown in Table 6.1 looks very affordable. However, if one considers the victims’
income, number of children in the family, monthly expenses, and job instability, the
monthly amortization scheme, which increases every 5 years, is not affordable for
the beneficiaries. The daily fare to work, which costs PHP 60–150, eats up a large
chunk of the worker‘s income. This is one main reason why some relocatees prefer
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to sleep in public places and return home only occasionally to save extra money for
the amortization of their homes. The major problems for relocatees are unem-
ployment and lack of stable jobs and livelihood. Even if the daily amortization may
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look very low, the average income of the relocatees, as indicated in Table 6.1, is
really not enough for the daily expenses of their families. The government’s
Commission on Audit (COA) had already recommended to the NHA in 2004 to
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lower the amortization rate because this resulted in the accumulation of unawarded
units and low collection. It also mentioned that the pricing was not affordable to the
lowest 30% of the urban wage earners whom the NHA intended to serve.
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Table 6.1 Southville Rodriguez Housing Project (SRHP) housing amortization

Year Total monthly amortization (PHP) Daily amortization (PHP)
First–5th 200 6.67
6th–10th 400 13.33
11th–15th 500 16.67
16th–20th 650 21.67
21th–25th 800 26.67
25th–30th 809.53 26.98
Total cost 201, 571.80
Source NHA Kasiglahan Village I Office, Rodriguez, Rizal
150 6 Security of Tenure, Affordability, and Habitability

Table 6.2 Typhoon victims’ occupation and average daily income

Occupation No. of workers Average daily income (PHP)*
Construction worker 15 300
Driver 6 300
Carpenter 2 350
Electrician 1 420
Cook 3 200
Security Guard 1 400
Bus conductor 3 250
*Exchange Rate as of July 15, 2013: $1 USD = PHP 40.55

Except for the security guard, most of the jobs shown in Fig. 6.2 were casual,
and their income only averaged around PHP 300, construction and carpentry work

F
are paid per project and thus seasonal in nature. When a project is finished, the
worker must find another job. If the worker becomes sick or incapacitated, the

O
family experiences daily hunger as in the case of Aling Bettyline. Her husband had
just been accepted by a construction firm but was dismissed by the employer
O
immediately on learning that he had a heart ailment. He stayed at home depressed
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and contemplated suicide. There are no clinics, medical personnel, or free medi-
cations beyond first aid in the relocation area. The nearest public hospitals are 20–
30 km away from SRHP.
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6.4 Summary
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This chapter has illustrated that the post-disaster housing for Typhoon Ketsana vic-
tims and relocatees had serious problems with regard to security of tenure, habit-
ability, and affordability of the housing units. The beneficiaries were not given copies
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of the titles or contracts-to-sell by the NHA or developers. Only a piece of paper or

stub served as the guarantee that relocatees have access to their houses. With the lack
of an updated and comprehensive database of beneficiaries in the NHA, double
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awarding of units happened, and professional squatters and syndicates exploited this
problem in order to deprive typhoon victims their right to ownership. Aside from
security of tenure, the habitability of the housing units was also problematic.
Developers, in order to increase their profit, used sub-standard construction materials
and built incomplete and weak housing units in a reclaimed land, thus posing dangers
to the lives of the occupants. They also hire sub-contractors to finish huge projects that
further deteriorated the quality of the relocation houses. Finally, despite the low
monthly amortization of the housing units, the housing project remained unaffordable
to the relocatees. Displaced from their original jobs, and with low income in their new
informal employment in the relocation area, relocatees were forced either to lease or
6.4 Summary 151

sell their homes, thus defeating the original purpose of PDRRMA and UN provisions
to provide affordable, safe, and resilient housing to disaster victims under the “build
back better” principle.

Reference

Demolitionwatch. (2012). “Urgent Appeal filed to the united nations Special Rapporteur on
Adequate Housing: Regarding the Worsening Condition of Families in the Relocation.”
Retrieved from https://demolitionwatch.wordpress.com/2012/02/29/urgent-appeal-f-2/

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Chapter 7
Jobs and Livelihood Program
in the Resettlement Area

Abstract This chapter investigated the availability of jobs and livelihood in the
government-owned Southville Rodriguez Housing Project (SRHP) area in the
Philippines for Typhoon Ketsana victims. It started with the case of Bettyline as an

F
illustration of the extreme poverty inside the relocation site due to the lack of

O
employment opportunities and livelihood programs. Despite the assurance of
the 2010 Philippine Disaster Risk Management Act (PDRRMA) and other official

O
laws that disaster victims would be provided with a suitable location site and
adequate housing with employment and livelihood opportunities under the “build
PR
back better” principle, poverty persisted in the SRHP. This chapter clarified the role
of the various government agencies in providing jobs and livelihood to disaster
victims in relocation sites owned by the government’s National Housing Authority
(NHA) but under the jurisdiction of the local government. Despite the plurality of
official laws requiring livelihood programs for relocatees, the chapter’s assessment
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showed that under the present set-up, it is ultimately the semi-autonomous social
fields or the social connections between private developers and the government
regulating bodies, such as the NHA, that determined the presence or absence of jobs
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and livelihood in the relocation area. The private developer, with the approval the
NHA, had the power to decide whether or not the relocation site would be proxi-
mate to employment zones. Moreover, there are no explicit legal provisions in
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Terms of Reference (TOR) that required developers to comply with the employ-
ment and livelihood provisions of the law before building relocation houses and
selling them to the NHA. The informal rule of kanya-kanya (individual or group
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initiative) sidestepped the official law and created unintended consequences to

post-disaster recovery of the Typhoon Ketsana victims in the relocation area.

Keywords Post-disaster housing
Relocation
Livelihood
Legal pluralism

Filipino values Jobs

© Springer Nature Singapore Pte Ltd. 2017 153

V.O. Ballano, Law, Normative Pluralism, and Post-Disaster Recovery,
DOI 10.1007/978-981-10-5074-9_7
154 7 Jobs and Livelihood Program in the Resettlement Area

7.1 Case: The Story of Aling Bettyline and Family

The story of Aling Bettyline is one of the many stories of suffering, lack of jobs,
and absence of sustainable livelihood program in government-owned relocation
areas in the Philippines such as Southville Rodriguez Housing Project (SRHP)
relocation area. Bettyline said she saw the author one morning conducting inter-
views in the site and she was hoping that afterward he might come back.
Fortunately, he went back to the site that afternoon to follow-up his interviews with
two key informants. Aling Bettyline said she had prayed and tried her luck to find
him. She said that she had been waiting for him at the the entrance of the SRHP
waiting for his help. She said that her family had nothing to eat for supper on that
evening. She was worried for her husband and two of her six children who were
sick. She was hoping that he could help her to buy food. Luckily, the author

F
had some kilos of rice and canned goods in his car, which he usually gave as a
token of gratitude to informants after interviews. He learned that her husband, the

O
only breadwinner, who worked as a casual construction worker in the relocation
area, was just terminated from employment because his employer discovered that

O
he had a heart ailment. Her husband experienced difficulty in breathing. She said
she could not bring him to a doctor for a check-up. The nearest public hospital from
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the SRHP was Amang Rodriguez Hospital in Marikina City, approximately 25 km.
from the relocation site. They had no money for the transportation fare. In fact, they
worried for their next meal, especially that her husband is now sick and unem-
ployed. Said she was too shy to approach her neighbors for help because they are in
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serious financial trouble too. Besides, they had already helped her many times and
lent her some money. Bettyline has no full-time or part-time job or any gainful
livelihood since they transferred to the relocation site. She said she had participated
in soap-making seminars and other skills training in the site. However, there was
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no capital or support from the government to start her own small business. Asked
about their future in the relocation site, Aling Bettyline said that she just prayed and
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hoped that God would saved them from hunger and poverty (Figs. 7.1, 7.2 and 7.3):
Hindi ko po alam kung papaano pa kami mabubuhay dito sa relokasyon. Sa Diyos na lang
kami umaasa na hindi niya kami pababayaan. Nag-aalala kami sa aming kalagayan sa
ngayon sa pabahay. Napabayaan po kami ng gobyerno. Walang permanenteng trabaho,
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walang sapat na kita. Paano matutugunan ang aming pangangailangan lalo na sa mga
batang nag-aaral pa, paano na ang kinabukasan nila? [I don’t know how we can continue
to survive here in the relocation. God is our only our hope that He will not abandon us. We
are worried about our current conditions in the housing. The government has abandoned us.
No permanent job, no sufficient income. How can our needs be satisfied especially for our
children who are still studying, what about their future?].

This story of Bettyline illustrates the serious problem of unemployment and lack
of livelihood in government-owned relocation sites such as the SRHP. The official
laws state that the employment opportunities and livelihood programs must be ready
before the disaster victims can move into the relocation site. However, a closer look
at the actual situation in the resettlement revealed otherwise. The promise of the
7.1 Case: The Story of Aling Bettyline and Family 155

Fig. 7.1 Aling Bettyline,

together with another
Typhoon Ketsana relocatee,
writing their personal story
and experience concerning the
lack of employment and
livelihood in the SRHP in
front of the San Isidro Chapel
inside the relocation area.
Source Author

Fig. 7.2 Aling Bettyline’s

F
housing unit in the SRHP
Phase 8A. One can notice the

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darkness that surrounded the
neighborhood due to the lack
of electricity and street
lights in the relocation area.
Source Author O
PR
ED
IS
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Fig. 7.3 Aling Bettyline’s

sickly child opening the main
door of the house. This house
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was just bought two years

old, and yet one can see the
deterioration and cracks due
to the poor quality of
the building materials and
construction defects. Source
Author
156 7 Jobs and Livelihood Program in the Resettlement Area

Philippine Disaster Risk Reduction Management Act of 2010 (PDRRMA) and its
affiliate laws on the post-disaster recovery of disaster victims remained elusive for
Typhoon Ketsana victims in the SRHP.

7.2 Plurality of Laws on Employment and Livelihood

in Relocation

A number of laws that deal with urban poverty and disaster state that urban poor
relocated in government resettlement areas must have jobs and livelihood oppor-
tunities. However, due to legal pluralism, one would be confused concerning
which law really governs the employment and livelihood programs of relocatees in
the government resettlement site.

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The PDRMMA contains only some broad provisions on the economic welfare of

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disaster victims after the disaster. However, its implementing rules issued by the
National Disaster Coordinating Council (NDRMC), Section 2 (p) explicitly pro-

O
vides that the government must “implement emergency rehabilitation projects to
lessen the impact of the disaster, and facilitate the resumption of normal social and
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economic activities.” This provision implies that disaster victims must be provided
with employment and livelihood opportunities in the relocation site. The Urban
Housing and Development Act of 1992 (UDHA) also states that:
Section 22. Livelihood Component. - To the extent feasible, socialized housing and
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resettlement projects shall be located near areas where employment opportunities are
accessible. The government agencies dealing with the development of livelihood programs
and grant of livelihood loans shall give priority to the beneficiaries of the Program.

An important housing-support for the resettlement program is livelihood assis-

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tance. Livelihood assistance is unique to the resettlement program and is justified in

support of the displacement or dislocation of families. The livelihood expenditure
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includes the capital outlay for the construction of livelihood facilities usually
consisting of a livelihood center, a tricycle, jeepney, or transport shed, and/or a
talipapa (wet market) center.
In addition to livelihood infrastructure, the National Housing Authority
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(NHA) also allocated approximately PHP 3000/beneficiary household for capacity

building or skills training. This budget is not included in the livelihood-item
expenditure and is part of administration costs. For livelihood programs, the NHA
acts as a facilitator, resource integrator, and planner. The NHA basically links the
resettled communities to skills training, job placements, scholarship programs, and
livelihood-based projects including credit or loan assistance of concerned agencies.
This role is critical to enable the resettled communities to be mainstreamed into local
and national programs. The NHA observed that the devolution of the programs of
the Department of Trade and Industry and Department of Labor had created a gap in
support and linkage at the micro or barangay level. In many cases, Local
Government Units (LGUs) have focused their attention on the macro-investment
7.2 Plurality of Laws on Employment and Livelihood in Relocation 157

aspect (i.e., attracting locators) without clear programs on the micro aspects; thus,
the NHA is engaging the LGUs to ensure that resettled communities, in particular,
are not left out. So far, the NHA has served or assisted a total of 63,000 beneficiaries
of resettlements sites in Cavite, Laguna, and Rizal on skills training, job placements,
livelihood programs, and grants. However, only 20% of households, at the most, in
the mentioned resettlement sites are able to avail themselves of livelihood-
enhancement programs at any one time. In addition, information about the use of the
livelihood infrastructure is limited. Whether these livelihood interventions have
resulted in employment or improved welfare cannot be determined from the infor-
mation available and thus require further study (Ballesteros & Egana, 2012, p. 12).
The availability of jobs for economically disadvantaged disaster relocatees is a
common problem confronting the government relocation program. The government
usually prefers relocating disaster victims in remote provincial areas rather than in
low-cost condominiums or tenements that are proximate to victims’ employment or

F
livelihood. Because most of the disaster relocatees are urban poor who live in squatter

O
communities to provide cheap labor and services in the city’s industrial or com-
mercial districts, relocating them in distant places implies displacement and loss of

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jobs. It is therefore imperative for the government to provide alternative jobs and
livelihood, even better than their previous source of income, for the victims in
accordance with the “build back better” principle. However, what actually happened
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to the economic condition of the Typhoon Ketsana victims in post-disaster recovery is
quite the opposite to what the law promised. In the SRHP, many victims experienced
greater difficulty in finding stable jobs and an alternative livelihood. The estimated
cost of fare is about 30% of the daily income if one is employed in the metropolis
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outside the relocation site. Thus, many male breadwinners choose to work as casual
construction workers at a low provincial wage rate inside the relocation site.1
A visit to the NHA Website reveals that the focus of the NHA’s program for
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livelihood consists mainly of skills training and often stops here. However, these
livelihood seminars, informants said, were not realistic and sustainable. There is no
long-term plan or sustainable livelihood program for the beneficiaries, especially for
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women, the necessary capital or loan and marketing support. Thus, they end up
spending their hard-earned money on the training but have no opportunity to apply
the skills they learned from the seminars. Other private organizations also help in
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sponsoring livelihood seminars in the area, but none of these initiatives have
substantially improved the economic status of the residents. Many are still
expecting the government to provide them with sustainable livelihood programs.
The various substantive laws and government agencies on socialized housing all
speak about providing livelihood to the poor disaster victims in relocation sites.

1
See Table 6.2 of Chapter 6 of this book.
158 7 Jobs and Livelihood Program in the Resettlement Area

However, in practice, what agency is really the overall in-charge of the livelihood
program inside the SRHP relocation site?

7.3 Responsibility for Providing Employment

and Livelihood

The perennial problem of the Philippine relocation program for the urban poor is
the availability of livelihood in the resettlement area. The urban poor, which con-
sists of the majority of disaster victims, are provided “dirty jobs” in the industrial
and commercial centers of the urban economy. Resettlement in remote places
means displacement from their existing livelihood. Thus, if they are relocated by
the government away from their place of employment, the first thing the law must

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consider is the creation of alternative livelihood opportunities. The 2010

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PDDRMA, in its definition of rehabilitation, briefly and indirectly provides that the
government must initiate measures that ensure the ability of affected

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communities/areas to restore their normal level of functioning by rebuilding
livelihood and damaged infrastructures and increasing the communities’ organi-
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zational capacity (Section 3 [ee]). However, determining who leads in the
rebuilding of livelihood for disaster victims and how can this be performed is
unclear in the present law. Under normal conditions, usually the NHA has the
organizational authority to provide livelihood to relocatees. However, during major
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natural disasters, conflict of authority arises between established organizations and

outside and emergent groups (Quarantelli, 1986) (Fig. 7.4). Thus, the NHA, the
LGU, and public and private organizations often compete for livelihood programs
or blame one another for the lack of economic opportunities in the relocation areas.
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The 2010 PDRRMA also mandated barangays and municipal disaster organi-
zations to provide livelihood assistance to relocatees. In the case of Typhoon
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Fig. 7.4 The Pledge of

Commitment of the Housing
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and People’s Development

Office (HPDO) to provide
security of tenure for its
homeless and landless
constituents through a
comprehensive housing
program and access to
livelihood. Source Author
7.3 Responsibility for Providing Employment and Livelihood 159

Ketsana relocatees, there seem to be discordant efforts between private organiza-

tions, the NHA, the Barangay Disaster Risk Management Office (BDRRMO), and
the HPDO to extend livelihood to the relocatees. Some key informants revealed
that these organizations occasionally sponsored livelihood training and seminars in
the SRHP. Some revealed that they participated in soap-making seminars sponsored
by the government in the relocation area. However, these livelihood seminars, they
said, were not realistic and sustainable. There was no clear source of capital for raw
materials and marketing plan. Thus, they ended up spending their hard-earned
money on the training, but they had not started their own soap-making business.
Other private organizations also helped in sponsoring livelihood seminars in the
area, but none of these initiatives had apparently improved the economic status of
the Typhoon Ketsana relocatees because all of them still expect the government to
provide them with sustainable livelihood programs. Whose primary responsibility is
it to develop and administer livelihood program for disaster relocatees in the

F
SRHP?

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In interviews, both barangay and HPDO officials admitted that they have some
role to play in the rebuilding of livelihood of the disaster victims in the relocation

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area within their jurisdiction. However, because the SRHP is directly managed by
the national government, they pointed to the NHA as the lead agency in the
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Typhoon Ketsana relocatees’ livelihood program. The provincial office of the NHA
in Kasiglahan has a committee whose main function is to provide training and
livelihood seminars to the relocatees, not just from the SRHP but also to all
neighboring relocation sites such as the Kasiglahan relocation areas. With thou-
sands of relocatees needing livelihood assistance, funding became a major problem
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for the agency. This is also a major problem encountered by the BDRRMC and
HPDO in providing sustainable livelihood to Ondoy and other disaster relocatees.
Although the PDRRMA sets aside 5% of the total municipal or city government
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annual budget as a calamity fund, only 30% of this can be used as Quick Response
Fund (QRF) for relief and recovery programs including livelihood (Section 21).
According to key informants, this fund is insufficient for the growing number of
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relocatees in the SRHP, 90% of whom came from various parts of Metro Manila
and neighboring towns. According to the HPDO head, this increased influx of
outsiders has depleted the development and disaster funds of the town for disaster
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recovery and livelihood. These relocatees from other areas had a share in the
Internal Revenue Allotment (IRA) of their respective local governments. However,
citing legal and political considerations, mayors refused to share their disaster funds
with the Local Government Unit (LGU) in charge of the relocation. As a result of
lack of jobs and sustainable livelihood programs in the relocation area, some
relocatees sold or leased their housing units in the SRHP and returned to their place
of origin to resume their old informal work and trade, thus defeating the intention of
the new disaster law to provide disaster victims with a better life in the relocation
site.
160 7 Jobs and Livelihood Program in the Resettlement Area

7.4 Kanya-Kanya Attitude on Jobs and Livelihood

Section 22 of UDHA, under the livelihood component of the relocation program,

explicitly provides that (1) socialized housing and resettlement projects shall be
located near areas where employment opportunities are accessible and (2) govern-
ment agencies dealing with the development of livelihood programs shall grant
livelihood loans giving priority to the urban poor beneficiaries of the
relocation. Section 23 further provides that the local government units in coordi-
nation with Presidential Commission for the Urban Poor and concerned agencies…
shall encourage beneficiaries to organize themselves and undertake self-help
cooperative housing and other livelihood activities in the resettlement area.
However, in-depth interviews with relocatees in the SRHP and municipal officials
of Rodriguez, Rizal, revealed that there was no clear entity in charge of the

F
livelihood program of disaster victims inside the relocation site. According to the
informants, there is no clear and sustainable livelihood program for disaster victims.

O
Most of the livelihood programs initiated by private organizations consisted mainly
of livelihood seminars, such as soap-making, but there is no marketing assistance
nor loans for beneficiaries to start a business.
O
Although the UDHA is explicit that the local government unit, in coordination
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with the National Housing Authority, shall provide basic services and facilities and
access to employment and livelihood opportunities to relocates that are sufficient to
meet the basic needs of the affected families, there is still ambiguity of who is in
charge of the livelihood program of a complex relocation system such as the
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SRHP. Neither the PDRRMA nor the UDHA is very specific on who exactly is
responsible for the relocation and livelihood program of all disaster victims
including the non-resident or even the “professional squatters” of a national
resettlement site located in a local government unit as the Municipality of
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Rodriguez: Is it the NHA, or is the local municipal housing agency, i.e., the HPDO?
This ambiguity leaves more discretion for public officers to interpret the law, which
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sometimes leads to conflict and indifference to the plight of disaster victims. Based
on interviews, it appeared that the responsibility of providing livelihood programs
inside the relocation site would depend on the origin of disaster victims and the
initiatives of the public officers to produce funds for this purpose. Because of the
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tendency of local mayors to engage in kanya-kanyang pamamalakad (individual

initiative) with regard to securing relocation and livelihood for their own con-
stituents, there is no clear, direct, and overall supervisor (although the NHA is the
administrator of the relocation area) entity that is in charge of managing and har-
monizing various efforts to provide livelihood programs to the urban poor and
disaster victims of the SRHP.
In the Municipality of Rodriguez, the local government, headed by the mayor,
and the municipality’s Housing and People’s Development Office (HPDO) are
directly responsible for the long-term recovery program for disaster victims in terms
of socialized housing and livelihood programs. However, according to a
Commission on Audit (COA) report this all depends, on the available budget,
7.4 Kanya-Kanya Attitude on Jobs and Livelihood 161

which in turn depends on the determination and creativity of the mayor in

increasing funds beyond the 5% disaster fund from the annual municipal budget for
disaster purposes. During the incumbency of a former mayor, for instance, proceeds
from the town’s dump site were used to build a relocation site for local informal
settlers, and the Rodriguez HPDO was able to provide livelihood programs for the
beneficiaries [39]. According to the provision of the Local Government Code on the
autonomy of local government units (LGUs), the HPDO and the mayor exercise
discretion, monitoring, and supervision of the relocation area within their juris-
diction for the attainment of their post-disaster recovery. However, for the reloca-
tees who came from the cities or municipalities, the local government of Rodriguez
does not provide relocation and a livelihood program. The informal policy of
kanya-kanya prevails in providing relocation and livelihood to the SRHP. In this
sense, the local government, which has the direct administrative power of the
municipality, is no longer in total control the outcome of the post-disaster recovery

F
program in its own proverbial backyard (Fig. 7.5).

O
The overlapping of laws and the lack of provision in the PDRRMA creating a
super-agency that oversees and harmonizes the coordination of local and national

O
government agencies in relocating disaster victims, as well as providing them with
livelihood opportunities, is a major contributing factor of this prevailing kanya-
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kanya attitude of program implementers. Both short- and long-term post-disaster
recovery programs require coordination. Thus, the local government of Rodriguez is
faced with coordination and jurisdictional problems in governing a relocation site
managed by the national corporation such as the NHA. Yet relocatees and migrants
are technically under the administrative jurisdiction of the local government of
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Rodriguez once they resettle in the SRHP. Although the new PDRRMA explicitly
intended that poor homeless disaster victims’ should be given socialized housing and
opportunities to lead a better life in a relocation area in accordance with the “build
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better” principle, the final outcome and implementation of this depends on the origin
of the relocates, the discretion of local executives, and the availability of funds.
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Fig. 7.5 Mission statement

of the Housing and People’s
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Development Office (HPDO)

of Rodriguez, Rizal,
promising partnership with
local government and
non-government
organizations to transform
lives by providing decent
homes and sustainable
programs. Source Author
162 7 Jobs and Livelihood Program in the Resettlement Area

Lastly, many local mayors are reluctant to lose political control over their
constituents for election purposes, and some unscrupulous NHA officials are
resistant to giving up their illegal practices (kalakaran) of bringing professional
squatters to relocation areas. This situation reinforces the kanya-kanya attitude of
various groups and agencies involved in the relocation system and results in conflict
and difficulty of creating and implementing a comprehensive and uniform
post-disaster recovery program for all disaster victims in the SRHP.

7.4.1 Availability of Jobs and Livelihood

in the Relocation Area

Building resilient communities ready to recover after the disaster as envisioned by

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law requires that the relocation site must also be equipped with opportunities for

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employment or other economic activities as well as with health care, transport, and
other social facilities. In Section 2 (p) of its implementing rules, the PDRRMA

O
explicitly aims to… “implement emergency rehabilitation projects to lessen the
impact of the disaster and facilitate the resumption of normal social and economic
PR
activities.” This implies providing disaster victims with employment and livelihood
opportunities in the relocation site. Section 2 (p) of the implementing rules of the
PDRRMA explicitly provides that that there must be emergency rehabilitation
projects to lessen the impact of the disaster and facilitate the resumption of normal
ED

social and economic activities. This implies that the government must provide
disaster victims with employment and livelihood opportunities in the relocation site.
However, the availability of jobs for poor disaster relocatees is a common
problem confronting the government relocation program. The government usually
IS

prefers relocating disaster victims in mass housing in remote provincial areas rather
than in low-cost condominiums or tenements proximate to victims’ employment or
livelihood. Because of the disaster, relocatees are the urban poor who live in
EV

squatter communities and provide cheap labor and services in the city’s industrial or
commercial districts; relocating them in distant places implies displacement and the
loss of jobs. It is therefore imperative for the government to provide alternative jobs
R

and livelihood, even better than their previous source of income, for the victims in
accordance with the “build back better” principle of the law. However, what
happened to the economic condition of the Ketsana victims in post-disaster
recovery is quite the opposite to what the law promised. In the SRHP, many victims
experienced greater difficulty in finding stable jobs and alternative livelihood after
the disaster. “Some retain their work and source of livelihood in Metro Manila but
spend very high on transportation ranging from PHP 70 to 250 going to work and
back to the relocation site. Others rented rooms near their work and spend PHP
500–1000 per month” (Demolitionwatch, 2012). Thus, many male breadwinners
chose to work as casual construction workers at a low provincial wage rate earning
7.4 Kanya-Kanya Attitude on Jobs and Livelihood 163

Fig. 7.6 Small sari-sari

(variety) stores at the entrance
road of the SRHP. Source
Author

PHP 150–200 a day with no social benefits. The women in the relocation site

F
strived to live by setting up a sari-sari (variety) store and selling food inside the
community. However, many shops have already closed due to lack of capital and

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unpaid debts (Fig. 7.6).

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PR
7.5 Summary

This chapter has shown that despite the Philippines’ holistic approach to disaster
management and legal provisions of the PDRRMA, the UDHA, and other related
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laws that promised jobs and economic assistance to urban poor and disaster victims,
permanent employment and sustainable livelihood remained elusive to the
Typhoon Ketsana victims in the SRHP. The task of providing a sustainable
livelihood to the beneficiaries became a major source of conflict between national
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and local government agencies tasked to provide a long-term post-disaster recovery

to disaster victims. Owing to overlapping of laws and disputes on jurisdiction,
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Typhoon Ketsana victims still did not have permanent jobs and profitable alter-
native livelihood to improve their lives. Jobs available for the relocatees were
mostly casual and low-paying. Many of the livelihood programs given by public
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and private agencies to relocatees consisted mainly of livelihood training and

seminars without clear funding and marketing assistance. Some relocatees opted to
return to their former jobs and livelihood activities in Metro Manila and nearby
cities, thus resulting in the sale and leasing of their housing units in the relocation
area.
164 7 Jobs and Livelihood Program in the Resettlement Area

References

Ballesteros, M. & Egana, J. (2012). Efficiency and effectiveness review of the National Housing
Authority (NHA) resettlement program. Retrieved from http://www.dbm.gov.ph/62C97C27-
20B5-4CB0-9BD2-8286EDF12907/FinalDownload/DownloadId-802ACD5E5502BED%
20A5F66A855713/62C97C27-20B5-4CB0-9BD2-8286EDF12907/wp-content/uploads/%
DBM%20Publications/FPB/ZBB-2012/e.pdf. Accessed March 4, 2015.
Demolitionwatch. (2012). Urgent appeal filed to the United Nations special rapporteur on
adequate housing: Regarding the worsening condition of families in the relocation. Retrieved
from https://demolitionwatch.wordpress.com/2012/02/29/urgent-appeal-f-2/
Quarantelli, E. L. (1986). Disaster crisis management. Preliminary papers #113. Disaster Research
Center, University of Delaware. Retrieved from http://udspace.udel.edu/bitstream/handle/
19716/487/PP113.pdf
United Nations (n.d.). Basic principles and guidelines on development-based evictions and
displacement. Retrieved from http://www.ohchr.org/Documents/Issues/Housing/Guidelines_
en.pdf

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Chapter 8
Adequacy of Social Facilities and Services

Abstract This chapter examined the adequacy of the social facilities and services
of the government-owned Southville Rodriguez Housing Project (SRHP) relocation
site for some Typhoon Ketsana victims in the Philippines. In particular, it evaluated

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the availability and sufficiency of the relocation’s electricity, water supply, health

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services, as well as educational, hospital, and religious facilities, according to the
post-disaster recovery and “build back better” (BBB) principles promised by the

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Philippine Disaster Risk Reduction Management Act of 2010 (PDRRMA) and
Urban Housing and Development Act of 1992 (UDHA) for the relocation of
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internally-displaced persons. It also clarified the role of the National Housing
Authority (NHA), Local Government Units (LGUs), and government-accredited
developers of resettlement areas in providing these social facilities and services. It
took notice of the unintended effects of the plurality of laws and norms to the
coordination of public and private agencies tasked to provide adequate housing to
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typhoon victims in resettlement areas.

Keywords Adequate housing Relocation
Social facilities
Post-disaster



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Social services Typhoon Ketsana

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8.1 Introduction
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The Philippine Disaster Risk Reduction Management Act of 2010 (PDRRMA),

following the international conventions of United Nations Commission on Human
Rights, stipulate that there is no adequate housing for disaster victims if there is no
availability and adequacy of services, materials, facilities, and infrastructure in the
relocation area that satisfies the socio-cultural norms of the disaster victims. This
implies that occupants must have access to safe and drinking water, adequate
sanitation, and energy for cooking, heating, lighting, food storage, and/or refuse
disposal. The right to adequate housing does not just mean adequate structure of the
house itself. It includes sustainable and non-discriminatory access to facilities
essential for health, security, comfort, and nutrition. And this means access to safe

© Springer Nature Singapore Pte Ltd. 2017 165

V.O. Ballano, Law, Normative Pluralism, and Post-Disaster Recovery,
DOI 10.1007/978-981-10-5074-9_8
166 8 Adequacy of Social Facilities and Services

drinking water, energy for cooking, heating, lighting, sanitation, and washing
facilities, means of storing food, refuse disposal, site drainage, and emergency
services (OHCHR, 2009, pp. 8–9). This chapter examined the socio-cultural pro-
gram in the Southville Rodriguez Housing Project (SRHP) in Rodriguez, Rizal and
explained how the many rules and informal cultural norms, such as palakasan
(patronage), influenced the implementation of the PDRRMA and other related
laws on adequate social facilities and services for disaster victims in resettlement
areas.

8.2 Laws on Social Services in Relocation Areas

Under Article V, Sections 21 and 22, of the Urban Development and Housing Act

F
of 1992, the NHA must “[p]rovide basic services and facilities and access to

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livelihood opportunities sufficient to meet the basic needs of the affected families in
socialized housing or resettlement areas in cooperation with private developers and

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concerned agencies.” However, this responsibility of providing basic services and
facilities is not the sole responsibility of the NHA. The law says that this will be
performed by the NHA “in cooperation with private developers and concerned
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agencies.”
However, the contractual relations between private developers of relocation
areas and the NHA in their Terms of Reference (TOR) did not include a provision
that requires the developer to ensure that the relocation site is equipped with ade-
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quate basic services and facilities before the beneficiaries or disaster victims move
into their housing units in the resettlement. In the absence of this specific provision,
which included penalties or even cancellation of the contract, the NHA could not
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coerce the developer to provide basic services and facilities in the relocation area.
The Local Government Unit (LGU) is also tasked by their own local laws to
provide basic services to their constituents in the relocation areas. The municipal
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government of Rodriguez, Rizal, through its Housing and people’s Development

Office (HPDO), is also mandated to provide basic services and livelihood to their
local relocatees. The absence of a unified disaster law on relocation and housing
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that harmonized other local laws has created loopholes in the recovery program:
What public agency is really responsible of providing adequate social services and
facilities to disaster victims in Philippine relocation sites? In case the NHA, LGU,
or the developer neglected their tasks of giving social services in the relocation area,
who will takeover this responsibility for the disaster victims? In the absence of a
one-stop government agency on post-disaster reconstruction that supervises the
entire rehabilitation process to ensure that disaster relocatees receive adequate
social services, there is no assurance that the legal standards of the PDRRMA and
disaster laws on social services as part of the right calamity victims to adequate
housing can be met.
8.3 The Social Services Situation in Southville Rodriguez 167

8.3 The Social Services Situation in Southville Rodriguez

A study by the Center on Housing Rights and Evictions (COHRE), an international

human-rights organization based in Geneva, Switzerland, revealed that the living
conditions in relocation sites in the Philippines are appalling due to lack of basic
services such as potable water, electricity, and sanitation facilities (COHRE, 2008).
This is confirmed by disaster victims in Southville Rodriguez (SRHP). Typhoon
Ketsana victims in the SRHP complained that the pipe water and electricity were
only available after two years of living in total darkness in the resettlement
area, using only candles and kerosene lamps to illuminate their homes that further
increased their daily expenses.
Under the present Philippine resettlement set-up, the NHA undertakes housing
development, whereas estate management/building maintenance of the relocation

F
area shall be undertaken either by LGUs, NGOs, or homeowners associations.
Although the responsibility of housing development, as well as providing the

O
necessary infrastructure for social facilities and service, primarily lies on the
shoulders of the private developer who designed and constructed the relocation site

O
and housing units, there is still a gray area regarding who will exactly assume
the responsibility in case the NHA, developers, LGU, and other agencies failed to
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perform their duties as stipulated by law. With a plurality of formal and informal
rules, it is difficult to blame a specific agency or group for any negligence done to
the relocation and housing project. Like employment and livelihood, the Terms of
Reference (TOR) between the NHA and the private developer does not stipulate the
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responsibility to provide adequate social facilities. The TOR only stipulates that the
developer conforms with the government’s environmental standards in building the
relocation site and housing units but not concerning social facilities and services.
The duty of providing electricity, lighting, water—especially potable water—for
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site drainage, washing facilities, and other services and facilities in the relocation
site belongs to the developer. In the case of SRHP, especially Phase 8A and 8B,
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this duty belongs to its two NHA-accredited developers: San Jose Builders and
Baque Corporations. These facilities are actually part of the relocation facilities as
stipulated in the contract between the NHA and the developers. Under the law, there
is no complete delivery of the housing project if relocation facilities are absent or
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incomplete. Yet the NHA and developers allowed the Typhoon Ketsana victims to
move in to the SRHP in 2011 even without electricity, water, and other social
facilities in the relocation site.
Because the housing and relocation projects of the accredited developers are under
the control of the NHA, the latter could pressure and demand that the former fully
provide the necessary social infrastructure and facilities in the relocation site before
the disaster victims and other beneficiaries occupy their housing units. Otherwise, the
housing contract can be terminated by the government and NHA because of the
breach. With regard to health facilities and services, as well as peace and order in the
relocation site, the responsibility belongs to the barangay and the municipal
governments.
168 8 Adequacy of Social Facilities and Services

There is an ongoing conflict between the LGU of Rodriguez and the NHA.
According to barangay and municipal officials, the NHA does not cooperate with
them and provide them with an Alpha list or official list of all people relocating in
the SRHP. They surmised there might an unscrupulous power elite inside the NHA
who are illegally connected with some housing syndicates who want the LGU to be
in limbo with regard to accurate data and statistics of people occupying the housing
units in the relocation area to pursue their illegal sale of relocation houses.

8.3.1 Electricity

Almost all low-cost housing and resettlement projects of the Philippine government
promise the availability of water and electricity before beneficiaries can transfer to

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the relocation site. However, this promise is often inadequately fulfilled. In reality,

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the beneficiaries usually wait for more than one or two years before they can have
water and enjoy electricity. As already mentioned above, the Typhoon Ketsana

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victims in the SRHP only acquired electricity in the relocation site after almost two
years of stay in the area. There was no electricity when they were transferred to the
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site. Because the relocation is a remote place and a former farmland, the area is
indeed dark at night, especially with the narrow streets of the subdivision with no
street lights. Moreover, many residents complained that the developer had made
electricity in the relocation a profitable business. Residents do not have individual
electric metering. The developers would just give them an unofficial receipts
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showing their high monthly electric bills. The electricity consumption of the resi-
dents due to common metering is often the main issue in local protest rallies of
beneficiaries and some members of NGOs. Residents claimed that the unpaid bills
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of other homeowners were added to their monthly bill as a system loss, thus making
electricity further unaffordable given their meager income.1 The sub-meters are
controlled by the developer. An individual monthly bill can reach as high as PHP
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2000 (US$40) because of the additional system-loss charge. Without prompt

payment, their electric connection is immediately cut off by the developer,
according to some informants. Moreover, residents claimed that the developer
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would charge them a minimum of 20 kilowatt-hour per month and household,

approximately equivalent to PHP 500 (US$10), i.e., greater than their daily wage
or income. Every resident is required to pay this minimum charge even if their
consumption is lower than 20 kilowatt-hour. Some of the residents work and stay
in Metro Manila to work or engage in sidewalk vending during weekdays and
return only to the relocation during weekends. Thus, they consumed electricity less
than the minimum charge.

1
Newsreel: Residents protest lack of electricity in the SRHP Phase 8B relocation site. See https://
www.youtube.com/watch?v=kXu1q-i-TF0.
8.3 The Social Services Situation in Southville Rodriguez 169

Fig. 8.1 The SRHP Phase

8A by day showing Manila
Electric Company
(MERALCO’s) electrical
posts with no street lamps.
Source Author

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Fig. 8.2 Southville
Rodriguez Housing Project
(SRHP) Phase 8A by night,
showing the darkness of the
relocation site due to the O
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absence of street lights.
Source Author
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Because there is no clear proof of monthly electric consumption, the Typhoon

Ketsana victims in the SRHP believed that they are overcharged by the developer in
their electricity bills. In an investigation, Demolitionwatch group discovered that
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the developers Baque Corporation and New San Jose Builders of the SRHP used
sub-meters instead of direct electricity connections. In the SRHP Phase 8B, for
instance, the residents were seriously facing problems of irregularities, high pay-
ment of system loss, overpricing in the electricity bill ranging from PHP 16.75 to
PHP 23 per kilowatt per hour and the compulsory payment of a flat rate per
month for electricity (Demolitionwatch, 2012) (Figs. 8.1 and 8.2).
170 8 Adequacy of Social Facilities and Services

Fig. 8.3 One of the few

artisian wells used by the
SRHP Phase 8A residents
before water facilities were
installed in the area. Source
Author

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8.3.2 Water Facility

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Like electricity, water facility was only available after more than one or two years

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after the Typhoon Ketsana victims were already relocated in the SRHP Phase 8A.
The source of water is not the water concessionaire, Manila Water. However, a few
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artisan wells were available in the area when the relocatees transferred to SRHP
Phase 8A. For the relocatees, this is a great source of inconvenience and suffering in
the relocation. Because these pumps were meant to be used by only a few instead of
the thousands of relocatees in Phase 8A, long queues were a common sight daily in
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the area. According to informants, some residents would wake up at dawn just to
avoid the long queues at the artisan wells lines and to fetch water for their cooking,
washing, and bathing of their children before attending school in the morning. The
water is not safe and potable. Residents need to boil it, which implies extra expenses
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for charcoal and gas for each household. Cases of diarrhea and other intestinal
diseases, especially among children, were common due to the poor quality of
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the water. During the first two years of their stay in the SRHP, residents get water
from the artesian well or through water delivery from the developer. Drinking water
is not, however, available to relocatees, contrary to the promise of the developer and
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the NHA that adequate social facilities will be provided before the disaster victims
could occupy their housing units. The Typhoon Ketsana victims in the SRHP had
no choice but to buy mineral or purified water at an average PHP20/day—another
added expense—for drinking, especially for their children (Fig. 8.3).

8.3.3 Health and Hospital Facilities

Health services is another major problem in SRHP for its estimated 40,000 residents
in 2013. The entire relocation area had no public and private hospitals and adequate
clinics inside the relocation site nor in the nearby barangay center. According to
8.3 The Social Services Situation in Southville Rodriguez 171

informants, the barangay health center could only offer first-aid intervention. There
were no permanent doctors or nurses stationed in the barangay health center for
emergency cases. Medicines, aside from a few paracetamols, were not readily
available to relocatees. There is no ambulance on standby for emergency situations.
The nearest private clinic is located in Kasiglahan Village I, a few kilometers away
from the SRHP, and the nearest public hospitals, which offer cheaper medical
services, are the Amang Rodriguez General Hospital in Marikina City and the East
Avenue Medical Center in Quezon City. These hospitals are located far from the
SRHP, approximately around 15–20 kilometers away from the relocation site, and
require at least one tricycle and two jeepneys or bus rides to reach. The high fare is
a major reason why many poor relocatees only visit these government hospitals
during emergencies or life-threatening cases despite free or low medical fees.

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8.3.4 Educational and Religious Facilities

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Relocationing disaster victims into the SRHP is often done in the middle of the
school year. Many Typhoon Ketsana victims in Phase 8A were relocated sometime
in December 2009 and January 2010 when their children had not yet finished the
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school year in their place of origin. Although there is an elementary and a high
school in the relocation site, these schools were not prepared to accept transferees
from the relocatees. The school buildings lacked chairs, tables, and classrooms to
accommodate transferees. A fact-finding mission by Gabriela Women’s Party
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revealed that parents forged agreements with teachers that their children would
attend their classes school only twice or thrice a week or only during examinations
just to finish the school year while minimizing daily expenses (COHRE, 2008).
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Finally, the current PDRRMA, which claims to be holistic in its approach failed
to include religious structures and facilities as an integral part of long-term
post-disaster recovery of the beneficiaries and Typhoon Ketsana victims. The
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construction of religious churches or chapels to address the religious needs of the

relocatees is not an integral part of the relocation plan. However, the NHA has the
discretion of whether or not to allow the construction of churches inside the relo-
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cation area depending on the requesting party. According to one pastor of a small
born-again Christian group in the SRHP Phase 8A, she requested that her group be
allowed to buy a piece of land and build their church. But she said that the NHA
had repeatedly rejected her request. But she heard some news that the powerful
Iglesia ni Cristo (INC) Church was able to buy a large parcel of land in the SRHP
Phase 8B for the construction of their new church (Fig. 8.4). Some informants
confirmed that palakasan (patronage) plays an important informal norm in getting
concessions and favors from the NHA. Those who are malakas (politically strong)
or who have social and political connections with some top officers in the NHA can
often get what they to do in the SRHP.
172 8 Adequacy of Social Facilities and Services

Fig. 8.4 Due to extreme

poverty, many residents
cannot afford to buy a
liquefied-gas stove. Instead
they use charcoal for cooking,
which is even more expensive
because wood charcoal is
scarce. Source Author

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Fig. 8.5 The San Jose

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Labrador Chapel of the
Catholic Church was the only
religious structure found
inside the relocation in early
2013. However, this building O
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already existed before the
SRHP was constructed as a
relocation site in 2009. Source
Author
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8.4 Summary
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Despite the legal provisions of PDRRMA and its allied laws that assured social and
educational facilities and services to disaster victims, Typhoon Ketsana victims
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experienced hardships inside the SRHP due to the lack of water supply, electricity,
and health facilities in the relocation area. Adequate relocation and housing for
disaster victims must not only provide housing units but also sufficient social,
health, and educational services. This chapter had shown that relocatees and dis-
aster victims did not receive adequate social services in the SRHP especially when
they first moved into the resettlement area. The relocation site had no electricity or
adequate water supply during the first and second year of relocatees’ residence in
the area. The health center in the area had no nurse or doctor. It can only provide
first aid assistance, but no medicines. There are no public and private hospitals
nearby. The relocation had no adequate religious structures to provide religious
services to relocatees with different religious affiliations.
 References 173

References

COHRE. (2008). Written comments by the Centre on Housing Rights and Evictions (COHRE)
concerning Philippines for consideration by the United Cultural Rights at its 41st Session,
3–21 November 2008. http://www2.ohchr.org/english/bodies/cescr/docs/info-ngos/COHRE
Philippines.pdf
OHCHR. (2009). The right to adequate housing. Fact sheet No. 21 (Rev. 1). http://www.ohchr.org/
Documents/Publications/FS21_rev_1_Housing_en.pdf. Accessed February 12 2015.
Demolitionwatch. (2012). Urgent appeal filed to the United Nations special rapporteur on adequate
housing regarding the worsening condition of families in the relocation. https://demolitionwatch.
wordpress.com/2012/02/29/urgent-appeal-f-2/

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