PH Senate approves bill waiving appeal bond for indigent tenants

The Philippine Senate has approved on third and final reading a bill that would exempt qualified underprivileged and homeless individuals from paying a supersedeas bond to appeal ejectment cases.

Senate Bill No. 70, sponsored by Senator Francis “Chiz” Escudero, seeks to amend Republic Act No. 7279, or the Urban Development and Housing Act, to provide greater protection to vulnerable people facing the loss of their homes through ejectment proceedings.

A supersedeas bond is a bond posted by an appellant to stop enforcement of a money judgment while an appeal is pending.

Under the proposed law, qualified underprivileged and homeless individuals would no longer have to post the bond as a condition for pursuing an appeal in an ejectment case.

The measure's proponents said the financial requirement can prevent indigent litigants from exercising their right to appeal, particularly when the case involves their home.

The bill would allow courts to accept a certificate of indigency issued by a barangay, or other equivalent documents, instead of the bond.

“A certificate of indigency duly issued by the barangay, or other analogous documents therein, may be accepted by the courts in lieu of the required bond. The appeal together with the certificate of indigency or its equivalent document or documents should be sufficient for the courts to stay the execution of judgment,” the bill states.

The measure seeks to ensure that a person's inability to pay does not prevent them from seeking judicial relief in cases involving their homes and places of residence.

Senate approval of the measure on final reading advances the proposed amendment, which aims to strengthen legal protections for underprivileged and homeless individuals involved in ejectment proceedings.