(NAR) VOL. 25 NO. 2 / APRIL - JUNE 2014
Date Filed: 24 June 2014
WHEREAS, Section 10, Article XIII of the 1987 Constitution provides that “Urban and rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner”;
WHEREAS, pursuant to this constitutional mandate, Section 28 of Republic Act (RA) No. 7279, otherwise known as “Urban Development of Housing Act (UDHA) of 1992”, prescribes certain requirements that must be complied with in the execution of demolition and/or eviction to be undertaken;
WHEREAS, Sections 4 and 5 of Executive Order (EO) No. 152 as amended by EO No. 708 recognizes the need to provide police assistance in the conduct of demolition and eviction activities involving the underprivileged and homeless citizens;
WHEREAS, on May 2, 2012, the Department of the Interior and Local Government (DILG) issued a Letter directing the Philippine National Police (PNP) to strictly comply with the mandatory Pre-Demolition Conference mandated by the UDHA, prior to rendering assistance in demolitions and/or evictions activities;
NOW, THEREFORE, in order to clarify any confusion in the implementation of demolition and/or eviction activities, to be conducted after a Pre-Demolition Conference (PDC) the following guidelines are hereby promulgated and adopted.
Section 1. TITLE. – This shall be referred to as the “Guidelines on Requesting for Police Assistance in Demolition or Eviction Activities under the UDHA”.
Section 2. COVERAGE. – This set of Guidelines shall apply to requests for Police Assistance in Demolition or Eviction activities affecting Underprivileged and Homeless Citizens whether through (1) a Court Order, or (2)Administrative Order (Summary or Extra-judicial Evictions and/or Demolitions).
Section 3. OBJECTIVES. – This set of Guidelines is intended to:
Section 4. DEFINITION OF TERMS. – For the purpose of interpreting these Guidelines, the terms and words used herein shall be construed to mean as follows:
Administrative order – refers to an order of Eviction and/or Demolition from the administrative or government agencies with quasi-judicial functions involving the Underprivileged and Homeless Citizens.
Court Order – refers to a writ of eviction and/or demolition issued by a court of competent jurisdiction. This does not include orders or decisions of courts of competent jurisdiction which merely grant or lift temporary restraining orders, permanent or indefinite injunctions/prohibitions arising from actions filed relative to initial Extra-judicial Eviction and Demolition orders as defined herein. Neither does this include writs, orders and/or decisions of courts of competent jurisdiction that do not involve Underprivileged and Homeless Citizens.
Danger Areas – refer to areas which when occupied for residential purposes actually pose danger to the life, safety and property of either the concerned residents or of the general community. The danger is due to an unavoidable source of probable harm to human life or well-being.
Demolition – refers to the dismantling by the Local Government Unit (LGU), any legally authorized agency or personnel of the government of all structures within the premises subject for clearing.
Eviction – refers to the removal of a person and their belongings from a subject building, structure or area, or both.
Extra-judicial Eviction and Demolition – refers to the Eviction of Underprivileged and Homeless Citizens and/or the Demolition of their dwellings located in danger areas such as “esteros”, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, public places such as sidewalks, public cemeteries, roads, parks and playgrounds; or the Eviction of Underprivileged and Homeless Citizens and/or the Demolition of their dwellings because of government infrastructure projects with available funding that are to be implemented by national or local governments or any legally authorized government agency without a need of a court order pursuant to Section 28 (a) and (b) of the UDHA.
Government funded infrastructure project – refers to a government initiated project for purposes of enhancing, introducing or adding to the local or national infrastructure, such as the interrelated web of roads, highways, public buildings, socialized housing projects, public utilities, flood control projects and the like. Police Assistance – refers to the peacekeeping and law enforcement support of the PNP during the conduct of Demolitions and/or Evictions.
Proponent – refers to the party requesting for Police Assistance.
Summary Eviction and Demolition – refers to the immediate dismantling of new illegal structures by the LGUs or government agency authorized to conduct Demolition activities and to the immediate removal of professional squatters and members of squatting syndicates pursuant to Sections 27 and 30 of the UDHA.
Underprivileged and Homeless Citizens – refers to the beneficiaries of the UDHA and to individuals or families residing in urban or urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the National Economic and Development Authority (NEDA) and who do not own house facilities. This shall include those who live in makeshift dwelling units and do not enjoy security of tenure.
REQUEST FOR POLICE ASSISTANCE PROCEDURES
Section 5. POLICE ASSISTANCE. – Before police assistance is provided to the Proponent, the following processes shall be observed:
Section 7. SEPARABILITY CLAUSE. – If any provisions of the Guidelines are held invalid or unconstitutional, any other provisions not so affected shall continue to be valid and effective.
Section 8. EFFECTIVITY. – These Guidelines shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
Approved this ___ day of ___________, 2013 in Quezon City, Philippines.
(SGD) MAR ROXAS
Secretary
Department Of Interior and Local Government (SGD) HERNANI B. PANGANIBAN
Chairman/CEO
Presidential Commission (SGD) ALAN LA MADRID PURISIMA
Police Director General
Chief, PNP With our Conformity: (SGD) HERBERT M. BAUTISTA
National President
League of Cities of the Philippines (SGD) LEONARDO M. JAVIER, JR.
National President
League of Municipalities of the Philippines