Proper and Humane Relocation Procedures PDF
Proper and Humane Relocation Procedures PDF
Proper and Humane Relocation Procedures PDF
and
THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL
Pursuant to Article XII, Section 44 entitled and property of either the concerned resi-
"Moratorium on Eviction and Demolition" and dents or of the general community. The
Article VII, Section 28, entitled "Eviction and danger is due to an unavoidable source of
Demolition of Squatters" of Republic Act No. probable harm to human life or well-being.
7279, otherwise known as the "Urban Develop-
ment and Housing Act of 1992," the following g) DEMOLITION: Refers to the dismantling by
Implementing Rules and Regulations are the LGU, or any legally authorized agency
hereby promulgated and adopted: of government of all structures within the
premises subject for clearing.
SECTION 1. DEFINITION OF TERMS. -- For
the purpose of these implementing Rules and h) DULY AUTHORIZED REPRESENTATIVE
Regulations, the terms or words and phrases OF THE LOCAL GOVERNMENT UNIT
used herein shall mean or be understood as (LGU): Refers to the Mayor or his duly
follows: authorized and properly identified repre-
sentative, who shall act on his behalf to
a) ADEQUATE CONSULTATION: Refers to supervise and monitor the proper conduct
"consultation" as defined by Sec. 3 (d) of of the demolition, or, if warranted, to stop
the Act. the demolition.
2.0 Posters no smaller than 2'x3' are 1.7 school accommodation of children;
displayed conspicuously in the commu-
nity such as public markets, barangay 1.8 roles of agencies involved, such as
but not limited to the Department of
hall, plaza and the like.
Social Welfare and Development
3.0 The written notices and the posters must (DSWD), the Philippine National
state the reason for the demolition. Police (PNP), the Department of
Should the reason be "implementation of Education, Culture and Sports
government infrastructure project," the (DECS), the Department of Public
notice should state the importance of the Works and Highways (DPWH), the
project, that it has available funds National Housing Authority (NHA), the
therefore, and the date of project Presidential Commission for the
implementation. Urban Poor (PGUP), the Commission
for Human Rights (CHR), and other
4.0 The actual date of demolition must not be concerned agencies; and
earlier than thirty (30) days but not later
than ninety (90) days after the notice has 1.9 other problems and issues to ensure
been issued. It shall not be conducted on a peaceful and orderly relocation
Saturdays and Sundays and legal operation.
holidays, unless the affected families
2.0 In every consultation meeting, attend-
consent otherwise. It shall be undertaken
from 8:00 a.m. to 3:00 p.m. ance is recorded. If majority of the af-
fected families are present, the meeting
5.0 Should the announced demolition not shall proceed; otherwise, another meeting
take place within ninety (90) days, notice shall have to be called and rescheduled
lapses, and a new notice must be served within five (5) days therefrom. If still the
if demolition still needs to be undertaken. majority of the residents are again not
present, the consultation requirement for
e. Consultation Proper: this particular case is considered
satisfied.
1.0 The LGU or government agency au-
thorized to demolish shall preside over 3.0 The LGU or concerned government
the consultation meetings to be attended agency summarizes the points of
by the barangay chairman, the affected agreement and disagreement arrive at
families and the landowners or their duly through the formal consultations, and
designated representatives. Officials or provides copies to participating
representatives of concerned agencies agencies/entitles for their signature.
and NGOs shall also be invited. The Should any party refuse to sign the
following shall be discussed: agreement, the same shall be posted
conspicuously in the area.
1.1 the necessity of the demolition;
4.0 Schedules of the next meetings shall be
set; including two (2) feedback meetings
1.2 available options other than reset-
within twenty (20) days from the issuance
tlement;
of the notice of demolition and one (1)
1.3 possible relocation sites - to include final meeting before the actual
modes of payment, tenure, facilities demolition.
and services thereat;
1.4 advantages of voluntary disman-
tling;
Inter-Agency Meetings/Coordination: The LGU 1.0 Confirmation of Actual Date of Relocation:
or government agency authorized to demolish The proponent LGU or government
shall convene an inter-agency meeting to agency authorized to demolish shall issue
discuss the details of the actual relocation notices of actual relocation to the affected
operation and to ensure the support and families and shall furnish a copy of the
assistance of the participating agencies. rolling schedule, three (3) days before
relocation, to the recipient LGU or the
The following requirements, among others, NHA.
shall be ensured:
2.0 Ensuring Availability of Resources and
1.0 Resettlement Site - LQU or other Necessary Documents: The LGU or
authorized government agency government agency authorized to de-
2.0 Relocation/Demolition Team - LGU or molish shall review the documents and
other authorized government agency check the availability of resources/serv-
ices as committed by the participating
3.0 Other logistical requirements, such as agencies.
trucks, tents, first aid and communica-
tion facilities - LGU or other author- b. Dismantling of Structures/Movement of
ized agency Families:
1.9 Record the names and number of families f. Welcome and Reception: The concerned
and structures affected by the relocation and resettlement project team together with the
resettlement. representatives of the resettlement com-
munity shall:
2.0 Representatives from other concerned
agencies, such as the Presidential 1.0 Welcome and receive the relocated
Commission for the Urban Poor and the families;
Commission on Human Rights shall also be
2.0 Provide needed medical services, if
present in the area to monitor and observe
necessary.
the actual operations.
g. Processing of Documents and Lot Assign-
c. Issuance of Entry Passes: The LGU or
ment: The resettlement project team shall:
authorized government agency shall ensure that
all entry passes are prepared with the 1.0 Review and process the entry passes and
corresponding family pictures. The LGU or other documents of the resettled families;
authorized agency shall prevent the tampering
or illegal transfer of such entry 2.0 Assign lots to the families; and
3.0 Assist the families in accomplishing the
d. Loading and Transporting: The LGU or gov- required forms.
ernment agency authorized to demolish shall
h. Transfer to Assigned Lot: The resettlement
ensure that:
project team shall accompany the resettled
1.0 Transportation vehicles shall have the families to their assigned lots; and whenever
necessary sign board displayed in front of the feasible provide manpower assistance/
windshields for proper Identification and shall volunteers to help the resettled families un-
proceed to the area before the start of actual load their materials and belongings from the
dismantling operations. truck and transfer them to their assigned lots.
III. POST RELOCATION PHASE SECTION 4. EVICTION AND DEMOLITION
PURSUANT TO A COURT ORDER. - In cases
a. Place of Origin: of eviction and demolition pursuant to a court
order involving underprivileged and homeless
1.0 After the relocation operation, the LGU or
citizens, relocation shall be undertaken by the
government agency authorized to local government unit concerned and the
demolish shall require the property owner National Housing Authority with the assistance
or concerned agencies to clear, secure and
of other government agencies within forty-five
undertake development of the property. (45) days from the service of notice of final
2.0 To document the area that has been judgment by the court, after which period the
cleared of squatters, the LGU or said order shall be executed: Provided, further,
government agency authorized to demolish That should relocation not be possible within
shall take an after-operation picture of the the same period, financial assistance in the
area from the same angle that the before- amount equivalent to the prevailing minimum
operation picture has been taken. daily wage multiplied by sixty (60) days shall be
extended to the affected families by the local
3.0 A letter documenting that the area has government unit concerned.
already been cleared, with the attached
pictures of the area before and after the SECTION 5. ORGANIZATION. - To ensure the
operation shall be Issued to the property smooth and effective implementation of all
owner by the LGU or government agency relocation and resettlement operations, the
authorized to demolish. LGU or the government agency authorized to
demolish shall create a Task Force on
b. Resettlement Site: Relocation and Resettlement.
SECTION 6. PENALTY CLAUSE. - Any person who In cases of complaints against any member
violates any provision of the R.A. 7279 shall be of the Philippine National Police (PNP), the
imposed the penalty of not more than six (6) years of same shall be lodged with the DILG.
imprisonment or a fine of not less than five thousand
pesos (P5.000) but not more than one hundred In all instances, the aggrieved party may file
thousand pesos (P100,000), or both, at the his complaint directly with a court of
discretion of the court; Provided, That, if the offender competent jurisdiction pursuant to Section
is a corporation, partnership, association or other 45 of R.A. 7279.
juridical entity, the penalty shall be imposed on the SECTION 8. SEPARABILITY CLAUSE. -
officer or officers of said corporation, partnership. The provisions of this Implementing Rules
association or juridical entity who caused the and Regulations are hereby declared
violation. separable, and in the event that any of such
SECTION 7. VENUE FOR GRIEVANCE. - provisions are declared null and void, the
Complaints of violations of this Implementing Rules validity of all other provisions shall not be
and Regulations against local government affected thereby.
executives shall be filed and prepared in accordance SECTION 9. EFFECTIVITY. - This
with Section 61 of the Local Government Code of Implementing Rules and Regulations shall
1991 (R.A. 7160), through the Department of Interior take effect immediately after its publication
and Local Government. in at least two (2) national newspapers of
general circulation.
Complaints against subordinate officials falling within
the administrative jurisdiction of the local chief APPROVED, this 24th day of September.
executives shall be filed with the office of the local 1992, in the City of Manila.
chief executive concerned who shall cause to be
instituted administrative or judicial proceedings
against any subordinate official or employee who
may have committed an offense in violation hereof or (Sgd.) ZORAYDA AMELIA C. ALONZO
the Act itself. Chairman
Housing and Urban Development
Complaints against officials of other national Coordinating Council
agencies, may be filed with the Office of the
President, or the Office of the Ombudsman, as the (Sgd.) RAFAEL M. ALUNAN III
case may be. Secretary
Department of Interior and
Local Government