Punzi's Corner Blog: Blog Lecture No. 46: Demolition/Eviction

Blog Lecture No. 46: Demolition/Eviction

Now for a lecture on something close to my work right now.

Where is state policy as regards urban housing found?

It is found in Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992 (the "UDHA").

What is the difference between a demolition and an eviction?

Demolition involves destruction or removal of structures while eviction involves removal of persons from their places of dwelling.

There may be an eviction without a demolition but there cannot be a demolition without an eviction. (Did you get that?)

What is state policy as regards demolitions/evictions?

Acccoring Section 28 of the UDHA, eviction or demolition as a practice shall be discouraged.

What are the exceptions?

They are:

a. When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds;

b. When government infrastructure projects with available funding are about to be implemented; or

c. When there is a court order for eviction and demolition.

Any additional requirement(s) if the demolition/eviction will be effected by the government (whether national or local)?

If the proponent for a demolition/eviction activity is the national or local government, a government agency or a government owned and controlled corporation, it must also comply with Executive Order No. 152, series of 2002.

According to this executive order, a government proponent must apply for a certificate of compliance with the Presidential Commission for the Urban Poor before undertaking such demolition/eviction activity.

Is this certificate of compliance a clearance for the government agency to demolish/evict?

No. It merely certifies that the proponent has complied with the requirements of the UDHA (prior to the demolition/eviction activity). It is not a clearance and the lack thereof does not give anyone a ground to stop such activity.

One cannot get a court injunction on a demolition/eviction activity because of this lack of certificate.

So what is the consequence if the government proponent does not have such certificate upon commencing a demolition/eviction activity?

It exposes such government proponent (and the responsible officers) to possible administrative and criminal cases for violation of the UDHA and Executive Order No. 152.

Likewise, the proponent is not entitled to police assistance without such certificate.

What must be observed if at all, a demolition/eviction is to be undertaken?

According to Section 28, there must be:

1. Notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction or demolition;

2. Adequate consultations on the matter of resettlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;

3. Presence of Local government officials or their representatives during eviction or demolitions;

4. Proper identification of all persons taking part in the demolition;

5. Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;

6. No use of heavy equipment for demolition except for structures that are permanent and other of concrete materials;

7. Proper uniforms for members of the Philippines National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and

8. Adequate relocation, whether temporary or permanent.

What if these are not followed?

The responsible persons will be liable under the penal provisions of the UDHA which is not more than six (6) years of imprisonment or a find of not less than Five thousand pesos (P 5,000) but not more than One hundred thousand pesos (P 100,000), or both, at the discretion of the court.