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(NAR) VOL. IV NO. 4 / OCTOBER-DECEMBER 1993

[ OP EXECUTIVE ORDER NO. 129, October 15, 1993 ]

ESTABLISHING AN INSTITUTIONAL MECHANISM TO CURTAIL THE ACTIVITIES OF PROFESSIONAL SQUATTING SYNDICATES AND PROFESSIONAL SQUATTERS AND INTENSIFYING THE DRIVE AGAINST THEM



WHEREAS, it is imperative to arrest the proliferation of squatters in the urban areas, which is aggravated by the activities of squatting syndicates;

WHEREAS, there is a need to effect the identification and registration of the rightful beneficiaries of the Urban Development and Housing Act (UDHA), who will be affected by the urgent infrastructure projects of government as against professional squatters and squatting syndicates;

WHEREAS, UDHA mandates the Local Government Units (LGUs), the Department of Interior and Local Government (DILG), and the Presidential Commission for the Urban Poor (PCUP) to identify and effectively curtail the nefarious and illegal activities to professional squatters and squatting syndicates as well as to implement relocation and resettlement procedures;

WHEREAS, there is a need to protect the rightful beneficiaries of the UDHA from the squatter syndicates and professional squatters, who continuously prey on and victimize the former by sowing disinformation, collecting fees, and inflicting harassment;

WHEREAS, it is imperative to establish a mechanism that shall ensure compliance with the provisions of the UDHA and its implementing rules and regulations relative to demolition and eviction.

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1.       Definition of Terms -

In accordance with the Urban Development Housing Act of 1992 (RA 7279) the following are hereby defined:

1.1       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 homelots or housing units by the Government but who sold, leased or transferred the same and settled 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.

1.2       Squatting syndicates refers to groups of persons engaged in the illegal business of squatter housing for profit or gain.

SECTION 2.       Creation of Committee Against Squatting Syndicates and Professional Squatters -

2.1.      National Committee

2.1.1        A National Committee Against Squatting Syndicates and Professional Squatters is hereby created composed of the following:
a.      Department of Interior and Local Government (DILG)

b.      Housing and Urban Development Coordinating Council (HUDCC)

c.       Department of Justice (DOJ)

d.      Presidential Commission for the Urban Poor (PCUP)

e.      Philippine National Police (PNP)

f.        National Bureau of Investigation (NBI)

g.      Representative of PCUP accredited National Urban Poor Organization

h.       Representative of a Non-Government Organization

DILG shall be the Chairman, HUDCC as Co-Chairman, and the remaining agencies as Members.
2.1.2        The Committee shall have the following functions:
a.      Oversee and coordinate government activities relative to the intensified drive against professional squatters and squatting syndicates.

b.      Recommend appropriate measures/actions to curtail the activities of professional squatters and squatting syndicates.

c.       Provide assistance to local government units in the implementation of UDHA provisions relative to squatting syndicates and professional squatters and make available, through the PNP and DOJ, a consolidated list of squatting syndicates and professional squatters.

d.      Update the Office of the President and submit reports thereof on the implementation of this EO.
2.2.      Local Committee

2.2.1        All government units are hereby directed to create a Committee Against Squatting Syndicates and Professional Squatters composed of the following:
a.      The mayor of the concerned cities/municipalities with permanent alternate;

b.      The local chief of PNP with permanent alternate;

c.       Representative of the PCUP with permanent alternate;

d.      President of the PCUP accredited urban poor organization with permanent alternate; and

e.      A representative from the private sector who shall be chosen by the above members.
2.2.2        The Committee shall have the following functions:
a.      Within 60 days from the effectivity of this Order, adopt the necessary measures to identify and effectivity curtail the activities of professional squatters and squatting syndicates, including the name of public officials and/or private individuals or companies abetting or tolerating the commission of the act;

b.      Provide the Housing and Urban Development Coordinating Council (HUDCC) and NHA copies of identified squatting syndicates and professional squatters in order to safeguard against their inclusion in future programs/projects and recommend disqualification in existing programs.

c.       Provide legal assistance to victims of professional squatters/syndicates and make available, through the PNP and DOJ, a consolidated list of squatting syndicates and professional squatters;

d.      File the necessary charges before the court or Prosecutor's Office;

e.      Undertake investigation in violation cases on demolition and eviction forwarded to it and recommend appropriate actions on the same to the concerned agencies.

f.        Monitor demolition and eviction activities; hence, it shall draw up and establish its monitoring system;

g.      Submit reports to the National Committee Office of the President, copy-furnish concerned agencies involved in the implementation of RA 7279; and

h.       Call on any government entities for assistance, if necessary.
SECTION 3.       Action Against Offenders -

3.1       The LGUs, upon the recommendation of their local committees, shall summarily evict the offenders and demolish their dwelling structures.

3.2       The LGUs, PCUP, and PNP shall monitor and implement Section 30 of Republic Act No. 7279 regarding new illegal entrants, defined as those guilty of squatting after the effectivity of said Act.

3.3       The concerned agencies herein identified shall enforce Section 45 (Penalty Clause) of Republic Act No. 7279 on new illegal entrants.

SECTION 4.       Repealing -All executive orders, rules, regulations and other issuances or parts thereof inconsistent with this Executive Order are hereby repealed or accordingly modified.

SECTION 5.       Effectivity Clause -This Executive Order shall take effect upon publication in a newspaper of general circulation as provided by law.

Adopted: 5 Oct. 1993

(Sgd.) FIDEL V. RAMOS
President

By the President:

(Sgd.) TEOFISTO T. GUINGONA, jr.
Executive Secretary
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