Informal Settlers Eviction Rights

Below is a comprehensive overview of informal settlers’ eviction rights in the Philippines, covering the legal framework, procedural safeguards, obligations of government agencies, and relevant jurisprudence. While this article seeks to provide a broad and detailed view of Philippine law on the subject, it is always best to consult legal counsel or refer directly to statutes and case law for authoritative advice.

1. Constitutional and Policy Framework

  1. 1987 Philippine Constitution

    • Social Justice and Housing (Article XIII, Sections 9 and 10): The Constitution mandates the State to undertake a continuing program of urban land reform and housing. It specifically provides that eviction or demolition may only be carried out in accordance with law and in a just and humane manner.
    • Right to Due Process (Article III, Bill of Rights): No person shall be deprived of life, liberty, or property without due process of law. Although informal settlers typically have no legal title to the land, they are still entitled to procedural due process prior to eviction or demolition.

  2. State Policy on Housing

    • The government is obliged to protect the underprivileged from unjust or arbitrary eviction. The policy, reinforced in various laws, aims to balance the rights of property owners with the welfare of informal settlers.

2. Key Legislative References

  1. Republic Act No. 7279 (Urban Development and Housing Act of 1992, or “UDHA”)
    This is the principal law governing the rights of informal settlers and the procedures and requirements for eviction and demolition. Salient points include:

    • Coverage (Section 27): Applies to the eviction or demolition of underprivileged and homeless citizens in urban areas.
    • Just and Humane Eviction (Section 28): Eviction or demolition must comply with the following requirements:
      1. Proper notice to affected persons at least 30 days prior to the date of eviction or demolition.
      2. Adequate consultations with the affected families on the matter of resettlement and the schedule of eviction or demolition.
      3. Presence of local government officials or their representatives during eviction or demolition.
      4. Proper identification of all persons taking part in the demolition.
      5. Evictions or demolitions are to be carried out 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 of concrete and of a certain size and scale.
      7. Adequate relocation, whether temporary or permanent.
    • Relocation and Resettlement (Sections 21, 29, and 30): Government is mandated to provide relocation sites with basic services (water, electricity, health, and education facilities) to qualified informal settlers.
    • Prohibition Against New Squatting (Sections 45-46): The law identifies penalties for “professional squatters” and “squatting syndicates” but emphasizes that legitimate underprivileged and homeless citizens must still be accorded due process.

  2. Republic Act No. 11201 (Creation of the Department of Human Settlements and Urban Development, 2019)

    • Consolidates the housing, urban development, and resettlement functions under one department.
    • Oversees agencies like the National Housing Authority (NHA) and Social Housing Finance Corporation (SHFC) to ensure compliance with housing policies and the provision of relocation sites.

  3. Local Government Code (Republic Act No. 7160)

    • Imposes the obligation on local government units (LGUs) to ensure the welfare of constituents, including ensuring compliance with the UDHA, securing suitable relocation sites, and providing basic services to informal settler families (ISFs) under their jurisdiction.

  4. Repeal of the Anti-Squatting Law (Presidential Decree No. 772)

    • Previously criminalized squatting.
    • Repealed by RA 8368 in 1997, reflecting the shift in policy toward a more humane and developmental approach to informal settlements.
    • Despite repeal, certain acts (e.g., squatting syndicates) remain punishable under UDHA.

3. Who Are Considered Informal Settlers?

  • Definition under UDHA: Individuals or families residing in urban or urbanizable areas without legal claim or ownership of the land or housing facilities they occupy. They may be:

    • Underprivileged or homeless individuals or families.
    • Households in danger zones (riverbanks, railways, esteros) without legal tenure.
    • Occupants of government or privately-owned properties without the owner’s consent.

  • Professional Squatters and Squatting Syndicates:

    • Professional Squatters refer to persons who occupy land without the intention of legalizing occupancy, often taking advantage of government relocation benefits repeatedly.
    • Squatting Syndicates are groups that profit from selling or renting out lots they do not own.

While UDHA intends to protect underprivileged informal settlers, it also seeks to penalize professional squatters and syndicates.

4. Grounds and Procedures for Eviction and Demolition

  1. Grounds for Eviction or Demolition

    • Court Order: If the lawful owner or the government obtains a court decision ordering eviction.
    • Danger Areas: Occupants of areas deemed hazardous (e.g., waterways, esteros, railroad tracks) may be required to relocate in the interest of public health and safety.
    • Government Infrastructure Projects: If informal settlements impede publicly-funded projects (e.g., roads, railways), relocation may be pursued.
    • Expired Leasing Arrangements: Cases where occupants fail to vacate after the expiration of lease or authority to occupy.

  2. Notice Requirements

    • 30-Day Notice: The UDHA requires that informal settlers receive written notices at least 30 days before the date of demolition or eviction.
    • Consultation: There must be an honest effort to consult and negotiate with the affected families about the relocation plans, including a discussion of available options and assistance.

  3. Presence of Government Officials

    • On the day of the scheduled eviction or demolition, representatives from the relevant local government unit (LGU) and possibly the Philippine National Police (PNP) or the Department of Social Welfare and Development (DSWD) should be present to ensure compliance with guidelines and to prevent undue violence or abuse.

  4. Relocation Assistance

    • Permanent or Temporary Relocation: Prior to demolition, a relocation plan must be in place, offering the affected families a viable place to move.
    • Basic Services: Relocation sites are required to have basic amenities—potable water, electricity, health facilities, schools, and access roads.
    • Financial Assistance: In certain cases, LGUs or the National Housing Authority may provide financial aid (e.g., disturbance compensation) to affected families, especially when suitable relocation sites are still under development.

  5. Demolition Proper

    • Only after the procedures (notice, consultation, presence of officials, relocation) have been complied with can the demolition proceed.
    • Time and Manner: Demolitions are allowed only during weekdays, between 8:00 a.m. and 5:00 p.m., and in good weather (unless the affected community requests or agrees otherwise).

5. Exceptions: Urgent Demolitions

In exceptional circumstances—such as calamities, public safety emergencies, or ongoing construction of priority government infrastructure—some requirements can be streamlined. Even then, minimal procedural safeguards must still be observed to avoid violations of due process and to ensure the well-being of the affected families.

6. Government Responsibilities and Mechanisms

  1. National Housing Authority (NHA)

    • Leads the development and implementation of housing programs, including the identification of relocation sites and distribution of housing units.
    • Often the key implementing agency when dealing with large-scale demolition or eviction.

  2. Local Government Units (LGUs)

    • Primary responsibility for local housing concerns.
    • Coordination with the NHA and other agencies to develop relocation sites, mobilize funds, and oversee the demolition process in line with UDHA standards.

  3. Department of Human Settlements and Urban Development (DHSUD)

    • Sets policies and guidelines for housing, human settlements, and urban development.
    • Ensures coordination among all agencies and LGUs for the effective and humane implementation of eviction and relocation.

  4. Inter-Agency Coordination

    • UDHA contemplates that NHA, LGUs, DHSUD, and other relevant offices (e.g., DSWD, PNP) will work together to ensure that demolition is done humanely and that relocation sites are habitable.

7. Remedies and Recourse for Affected Informal Settlers

  1. Court Injunction

    • If residents believe that the procedural requirements (e.g., adequate notice, consultation, relocation) were not met, they can file a petition for injunction or other appropriate relief in court to stop or delay the demolition.

  2. Administrative Complaints

    • Affected families can file complaints with the Commission on Human Rights (CHR) or the Office of the Ombudsman if they believe their rights have been violated by government officials.

  3. Negotiation and Mediation

    • Community organizations and non-governmental organizations (NGOs) often intervene to negotiate with LGUs or property owners for an extension of stay, on-site development, or better relocation terms.

  4. People’s Organizations and NGOs

    • Under the UDHA, people’s organizations are encouraged to participate in policy-making and program implementation for housing. They can act as conduits between communities and government agencies.

8. Relevant Jurisprudence

  1. Case Law Emphasizing Strict Compliance

    • The Supreme Court has repeatedly stressed that demolitions involving underprivileged citizens must comply strictly with procedural requirements laid down by the UDHA (e.g., Bagong Silang Homeowners Association, Inc. v. BSP, and other related cases).
    • Courts typically grant injunctions when there is a clear showing of lack of notice, consultation, or relocation.

  2. Cases on Danger Zones and Infrastructure

    • Eviction is often upheld when the safety of residents or the necessity of infrastructure is proven, but only if relocation options are sufficiently presented.

  3. Clarifications on Professional Squatters

    • The Supreme Court has clarified that professional squatters are not protected under the UDHA in the same manner as underprivileged and homeless settlers who meet the law’s definition. However, eviction still cannot be done summarily without minimal due process.

9. Practical Considerations

  1. Distinguishing Legitimate ISFs vs. Professional Squatters

    • Legitimate underprivileged settlers are accorded greater housing and relocation rights under the law.
    • Authorities must conduct surveys or profiling to ensure assistance is directed to rightful beneficiaries.

  2. On-Site vs. Off-Site Relocation

    • On-Site Relocation: Favored by many as it minimizes disruption in employment, education, and community ties. However, land tenure issues often make on-site relocation difficult.
    • Off-Site Relocation: Common but problematic if the site is too distant from job opportunities, schools, and urban services.

  3. LGU Capacity and Budget

    • Implementation of relocation projects can be hampered by limited budgets, lack of political will, or absence of suitable land within the LGU’s jurisdiction.

  4. Coordination with Utilities and Service Providers

    • A relocation site’s long-term viability depends on the availability of utilities (water, electricity), infrastructure (roads, drainage), and social services (schools, healthcare).

  5. Risk of Re-Occupancy

    • If relocation sites are inadequate, some evicted families return to informal settlements nearer to livelihood sources, perpetuating the cycle of eviction and resettlement.

10. Summary of Rights and Obligations

  • Rights of Informal Settlers

    1. Due Process: Proper notice, consultation, and compliance with legal procedures.
    2. Humane Treatment: Demolition must be conducted in a humane manner (no excessive force, demolition only during appropriate hours).
    3. Relocation Assistance: Access to a relocation site or financial assistance if qualified as underprivileged settlers.
    4. Legal Remedies: Right to seek injunction or protection if eviction is unlawful or if procedural safeguards are not followed.

  • Obligations of Property Owners/Government

    1. Legal Basis: Must secure appropriate orders (court or administrative) before carrying out demolition.
    2. Compliance with UDHA: Observe the minimum guidelines—30-day notice, consultation, presence of government officials, and relocation plan.
    3. Coordination with Relevant Agencies: LGUs, NHA, and DHSUD must coordinate to ensure relocation facilities are adequate.
    4. Respect for Human Dignity: Even if the eviction is validly pursued, respect for human rights and dignity is paramount.

Final Observations

The Philippines, through its Constitution and various statutes (most notably, the Urban Development and Housing Act), endeavors to protect underprivileged families from arbitrary eviction and demolition. The law strikes a balance between the rights of landowners to utilize their property and the duty of the State to promote social justice by ensuring adequate housing.

Nonetheless, the gap often lies in the effective implementation of these laws. Informal settlers, faced with socio-economic challenges, may remain in precarious settlements if relocation sites are either non-existent, inadequate, or too far removed from their means of livelihood. Meanwhile, private landowners and government agencies are often left in a complex position of balancing legitimate property rights with the equally compelling mandates of social welfare.

Ultimately, a holistic approach—encompassing legal due process, robust social housing programs, community participation, and sustainable urban planning—is essential for addressing the perennial issue of informal settlements in a fair and humane manner.

Disclaimer

This article provides a generalized legal overview for educational purposes and does not constitute legal advice. For specific cases or legal interpretations, consulting an attorney or referring to the latest laws, administrative issuances, and court decisions is strongly recommended.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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