Final-IRR
Final-IRR
Final-IRR
13
RULE I.
GENERAL PROVISIONS
SECTION 1. TITLE. – This implementing guidelines shall be known and cited as the
2022 Implementing Guidelines of Executive Order No. 13 (hereinafter called
“Guidelines”)
Toward this end, the city government shall pursue an intensive and unrelenting
campaign against professional squatters and squatting syndicates through an integrated
system of monitoring, planning, implementation, and enforcement of pertinent city
ordinances and national laws.
A. Republic Act No. 7279 – Urban Development and Housing Act of 1992;
B. Quezon City Ordinance No. SP-2771 s. 2018 – Quezon City Comprehensive
Socialize Housing Code of 2018;
C. Quezon City Ordinance No. SP-2491 s. 2016 – Anti-Professional Squatting
Ordinance of Quezon City;
D. Executive Order No. 13 s. 2020 – An Order institutionalizing the Quezon City
Committee Against Squatting Syndicates and Professional Squatters pursuant to DILG
Memorandum Circular No. 2012-04;
E. DILG MC NO. 2012-04 – Creation of Local Committees and/or similar bodies
against squatting syndicates and professional squatters (LCASSPS).
F. DILG MC NO. 2017-89 - Policies and Guidelines on the Monitoring, Treatment
and Resettlement of Informal Settler Families and the Maintenance of Cleared Areas.
A. “Blighted lands” refers to the areas where the structures are dilapidated, obsolete,
and unsanitary, tending to depreciate the value of the land and prevent normal
development and use of the area.
C. “Danger Areas” – the term shall include esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and other public places such as sidewalks, roads,
parks, and playgrounds;
D. “False or Falsified Title” – includes transfer certificates of title declared null and
void, false or fraudulent by a competent court or titles not recorded before the registry of
deeds.
E. “Illegal Structures” – Illegal structures shall include any structures in danger areas
whether existing or new, including those previously cleared areas whether full or
partially cleared, structures constructed without the appropriate building permits or
consent of the registered owners, or structures or any improvement on existing dwelling
units without an occupancy permit.
H. “Person Complained of” – individual(s) or group (s) against whom the complaint
initiated by the landowner or person with a legally recognized right is directed or
individual(s) or group (s) reported by the BAU as an alleged professional squatter or
member of a squatting syndicate, or endorsed or referred as such by the TASKFORCE
COPRISS or City Legal Department
The term shall not apply to individuals or groups who simply rent land or housing
from professional squatters or squatting syndicates.
O. “Urban Areas” – refers to all cities regardless of their population density and to
municipalities with a population density of at least five hundred (500) persons per square
kilometer;
P. “Underprivileged and homeless citizens” - refers to the beneficiaries of Republic
Act no. 7279 and to individuals or families residing in urban and urbanizable areas whose
income or combined household income falls within the poverty threshold as defined by
the National Economic and Development Authority and who do not own housing
facilities. This shall include those who live in makeshift dwelling units and do not enjoy
security of tenure;
RULE II.
IMPLEMENTING AGENCIES AND ITS COMPOSITION, FUNCTIONS AND
POWERS
A. COMPOSITION:
Chairperson : Head, City Legal Department
The Quezon City Prosecutor’s Office shall be invited to observe and attend Committee
meetings accordingly.
1. Adopt the necessary measures to identify and effectively curtail the activities of
professional squatters and squatting syndicates, including the names of public officials
and/or private individuals or entities suspected of abetting or tolerating the commission
of any of the prohibited acts.
4. File or assist the complainant in filing appropriate charges before the Prosecutor’s
Office.
8. Submit reports to the DSHUD and the office of the President, copy furnished the
concerned agencies involved in the implementation of RA 11201 and RA 7279.
9. Request for assistance from the Philippine National Police, the Armed Forces of
the Philippines or any of their component units, or law enforcement agencies to assist in
the enforcement and execution of the Committee’s decisions, orders, resolutions and
other processes.
11. Perform any other functions as may be authorized and appropriate under the
relevant laws and regulations.
12. The Committee shall likewise exercise such powers as are implied in or are
necessary to the effective exercise of its express powers.
All processes and other means necessary to carry into effect its powers or jurisdiction
may be employed by the Committee; and if the procedure to be followed in the exercise
of such power or jurisdiction is not specifically provided for by law or these guidelines,
any suitable process or proceeding may be adopted.
A. COMPOSITION:
Chairperson : Punong barangay
3. Notify new illegal structures and returning squatters of their violation and of the
possibility of demolition in case of failure to remove the illegal structure.
7. The BAU shall likewise exercise such powers as are implied in or are necessary to
the effective exercise of its express powers.
RULE III.
PROHIBITED ACTS
1.) To sell, lease or transfer their occupied land/constructed house and then settle
illegally in the same place or another urban area;
3.) To construct new structure/building or subdivide vacant lands within the same
barangay without the authority of the landowner or appropriate permit from the
government
4.) To occupy lands within the City without the authority of the landowner, or have
other lease the same without the authority from the land owner.
5.) To occupy, construct structures on, or sell, lease, encumber otherwise dispose land
considered as defined danger areas.
6.) To sale, lease, encumber, or otherwise dispose lands or portion thereof covered by
fake or falsified land titles.
7.) To commit any act that falls within the definition of professional squatting and/or
squatting syndicate.
Subject to the essential requirements of due process, the technicalities of law and
procedures and the rules governing the admissibility and sufficiency of evidence
obtained in the courts of law shall not apply.
The Committee shall employ, at its discretion, reasonable means to ascertain the
facts of the controversy including the conduct of ocular inspection of the premises in
question, if necessary.
The Committee shall also limit the presentation of evidence by the contending
parties only to matters relevant and material to the issues and necessary for a just,
expeditious, and inexpensive disposition of the case.
Upon the filing of the complaint, report, endorsement, or referral, the hour, day,
month, and year, when it was filed, shall be stamped thereon.
1. The complaint shall state the name and residence of the complainant and
that of the Person Complained of (POC), who is an alleged professional squatter
or a member of a squatting syndicate.
3. The complaint shall state the right of the complainant over the property in
controversy.
4. It shall state the area of the land involved and the Barangay where the land
is located, or if the land is located in two (2) or more barangays, the barangay
where the larger portion of the land is located.
9.1 He has not commenced any other action or filed any claim involving
the same land or issue in any court, tribunal, or quasi-judicial agency;
9.2 To the best of his knowledge, no such other action or claim is
pending therein;
9.3 He has no knowledge of any controversy or proceeding involving
the status of said parcel of land or the rights of person/s over its possession,
the determination of which is filed before any tribunal, court, or any other
agency;
9.4 Should there be any same or similar action or proceeding involving
the property, which is either pending or may have been terminated, he shall
report such fact within five (5) days from knowledge thereof to the
Committee with whom the complaint was filed.
1. The Report shall state the name and residence of the Person
Complained of (POC), who is an alleged professional squatter or squatting
syndicate.
3. It shall state the area of the land involved and the Barangay where
the land is located, or if the land is located in two (2) or more barangays,
the barangay where the larger portion of the land is located.
3. It shall state the area of the land involved and the Barangay where
the land is located, or if the land is located in two (2) or more barangays,
the barangay where the larger portion of the land is located.
If the PCO cannot be served within a reasonable time, service may be effected:
a. By leaving a copy of the summons at the PCO’s residence with some person of
suitable age and discretion residing therein; or
b. By leaving copies at the PCO’s office or regular place of business with some
competent person in charge thereof.
The provisions on service of summons as provided in the Rules of Court shall have a
suppletory effect.
SECTION 5. BY WHOM SERVED. -- The notice to file an answer with the attached
affidavits and documentary evidence, if any, may be personally served by any personnel
authorized by the Committee or by registered mail.
SECTION 6. ANSWER. -- The PCO shall file a sworn answer to the complaint within
ten (10) calendar days from the receipt thereof. It must be accompanied by certified true
copies of his documentary evidence and/or affidavits of witnesses, if any, including
photos of the property in controversy.
The ten (10) day-reglementary period within which the PCO is required to answer
shall not be extended.
SECTION 8. REPLY AND REJOINDER. – A reply may be filed within five (5) days
from the service of the pleading responded to. Thereafter, a rejoinder may be filed within
five (5) days from the receipt of the reply.
At the conference, the affidavits submitted by the parties shall constitute the direct
testimonies of the witnesses who executed the same. A witness notified to appear may be
subjected to clarificatory questioning even without submitting his affidavit.
Upon termination of the clarificatory conference, the case shall be deemed submitted
for decision or resolution.
SECTION 10. RECORD OF THE PROCEEDINGS. -- The Secretariat shall make a
written summary of the proceedings which shall be attested by the parties or their counsel
and shall form part of the records of the case. Should any party refuse to sign, the reason
for such refusal shall be noted therein.
SECTION 11. DECISION; HOW RENDERED. -- The Committee shall render the
decision on the merits of the case within thirty (30) days after the filing of the last
responsive pleading, or after the lapse of the period to file last responsive pleading
without the same having been filed or after the clarificatory hearing shall have been
concluded by the Committee or within a period to be determined by the Committee.
In every case heard by the Committee, the orders, decisions, and resolutions disposing
of the merits of the matter within its jurisdiction shall be reached after deliberation and
consultation and with the concurrence of at least a majority of the regular members
present therein.
Each regular member is entitled to one (1) vote; provided that, the Chairman is
entitled to vote in case of a tie. Provided further that, Honorary Members and Resource
speakers are not entitled to vote in any case brought before the Committee.
The parties and the Local Housing Board shall be furnished with a copy of the order,
decision, or resolution of the Committee.
a. the findings of fact in the said decision, order, resolution is not supported by
substantial evidence; or
The motion for reconsideration shall be filed together with proof of service of a copy
thereof to the adverse party.
Only one (1) Motion for Reconsideration shall be allowed for each party.
RULE V
PROSECUTION
SECTION 1. PROSECUTION. – If the PCO is found have committed any of the acts
constituting professional squatting or operating as a squatting syndicate or committing
any of the prohibited acts enumerated herein, the Committee may in its own initiative
file or assist the complainant in filing appropriate charges before the Office of the
Prosecutor.
However, an acquittal for a charge or violation of Section 27 of Republic Act No. 7279
shall not automatically result in the revocation of the Resolution or Decision of the
Committee declaring the certain individual or group as a professional squatter or
squatting syndicate operating within the City.
Upon termination of the proceedings before the Committee, it shall report the erring
government employee or public official to the City Legal Department, who shall refer the
same to the appropriate disciplinary authority for appropriate action. In case of elected
Barangay Officials, the same shall be reported to the Special Investigative Committee of
the Sangguniang Panglungsod.
The report to be transmitted by the Committee to the City Legal shall contain the
following:
Each regular member is entitled to one (1) vote; provided that, the Chairman is
entitled to vote in case of a tie. Provided further that, Honorary Members and Resource
speakers are not entitled to vote in any case brought before the Committee.
SECTION 2. MEETING. -- The Committee shall meet quarterly on such day and time
as it may specify or whenever the need arises, at the Quezon City Hall or at such other
places in the Philippines as it may designate.
RULE VIII.
PROCEDURE BEFORE THE BARANGAY ANTI-SQUATTING UNIT (BAU)
The BAU may conduct an ex parte examination of records and documents submitted
before it as well as documents readily available from other government offices.
If necessary, the BAU may require the appearance of any person for a scheduled
conference to obtain information pertinent to the case and where it may propound
clarificatory and other relevant questions.
The BAU shall commence the investigation not later than five (5) days from receipt of
the information and shall be terminated within twenty (20) days thereafter, or within the
period to be determined by the BAU.
The findings of the BAU are merely recommendatory and shall not be binding upon
the QC-CASSPS.
RULE IX.
PENALTIES
B. In the event that the individual or group was previously regarded as a beneficiary,
he or she shall be disqualified thereof and summarily evicted.
C. The case will be endorsed to the City Legal Department for the summary
demolition of the illegal structure and filing of the appropriate case against the
respondents.
RULE X.
MISCELANEOUS PROVISIONS.