Query: How can one legally evict professional squatters who were previously awarded relocation by the government but continue to occupy the same area illegally, obstructing public road right of way?
In the Philippines, addressing the issue of professional squatters—individuals who deliberately squat on properties despite having the means to secure legal housing or those who have received government relocation but chose to remain—is governed by specific laws and administrative actions. The legal framework is designed to manage urban development and maintain public order while respecting human rights.
The Anti-Squatting Law Repeal Act (Republic Act No. 8368) decriminalized squatting, yet this does not protect those categorized as professional squatters and squatting syndicates. Specific provisions under various urban development and housing laws provide the necessary tools for local governments and property owners to initiate eviction processes legally.
The process usually begins with a formal notice to vacate issued by the property owner or relevant government agency, outlining the legal basis of the eviction and providing a reasonable timeframe for the squatters to vacate the premises voluntarily. This is often followed by coordination with local barangay officials to implement a peaceful eviction process. Should the squatters refuse to comply, the property owner can file an ejection case under the Rules of Court, where the matter will be judicially resolved.
Local government units, under the Urban Development and Housing Act (UDHA), are also empowered to carry out eviction and demolition orders. However, these must be done following strict guidelines that respect the rights of the informal settlers, such as proper notice, adequate relocation, and humane eviction procedures.
It is crucial for property owners or complainants to collaborate with local housing authorities and the Presidential Commission for the Urban Poor (PCUP), ensuring that the rights of all parties are considered and that any relocation efforts comply with the law and human dignity.
Evictions, especially those involving professional squatters who have previously been offered relocation, must balance the enforcement of property rights with social justice concerns. The aim is not merely to clear land but to integrate affected individuals into legal housing frameworks, contributing to orderly and sustainable urban growth. Such actions underscore the importance of following legal channels and ensuring that any eviction is justified, procedurally fair, and adequately documented to prevent potential abuses or misunderstandings.