Execution of a Writ of Demolition without Relocation for Displaced Households

Query: Can a writ of demolition be executed without relocation for the displaced households/informal settlers on the subject property?

In the Philippines, the execution of a writ of demolition affecting informal settlers is a sensitive issue, often invoking considerations of social justice, public policy, and the rights of property owners. Legal provisions and Supreme Court rulings provide guidance on when and how demolitions can be conducted.

1. Legal Basis for Demolition:

The execution of a writ of demolition generally falls under Rule 39 of the Rules of Court, which outlines the procedure for the execution, satisfaction, and effect of judgments【6†source】. Additionally, Republic Act No. 7279, or the Urban Development and Housing Act (UDHA) of 1992, sets the framework for demolitions involving informal settlers. The law provides that evictions or demolitions may be allowed under the following conditions:

1. When persons or entities occupy danger areas like esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places;
2. When government infrastructure projects with available funding are about to be implemented;
3. When there is a court order for eviction and demolition【7†source】.

2. Relocation Requirements:

RA 7279 requires that adequate consultation and relocation be provided for informal settlers before a demolition. However, the law makes a distinction between demolitions ordered by a court and other types of demolitions【8†source】. In court-ordered demolitions, while relocation is generally expected, it is not an absolute requirement. The Supreme Court has clarified that courts may exercise discretion on a case-by-case basis, considering factors like the rights of the property owner and the need for relocation【7†source】.

3. Supreme Court Jurisprudence:

The Supreme Court has ruled that while relocation is important, the absence of relocation does not automatically prevent the execution of a writ of demolition【9†source】. In some cases, the court may order the execution of the writ despite the lack of relocation, especially if the property owner's rights are being unduly prejudiced.

4. Summary:

A writ of demolition can be executed even without relocation for displaced households or informal settlers, but this depends on the specifics of each case. The courts generally weigh the interests of the property owner against the need for relocation and make a decision based on the facts and applicable laws.