Query: Is it legal for a government agency to assess the value of lots including houses built by informal settlers in a government-owned subdivision?
In the Philippines, informal settlers, often due to poverty or calamity-driven displacement, sometimes occupy land without legal title. When these lands belong to government-owned subdivisions intended for specific purposes such as housing for agency members, complex legal and ethical issues arise, particularly concerning property valuation and ownership rights.
Legal Framework:
Property Rights and Ownership: Under Philippine law, ownership of land is distinct from ownership of any structure built on the land. Typically, the owner of the land also owns the buildings, unless otherwise stipulated through agreements such as lease contracts.
Assessment of Property: For taxation purposes, property assessment usually includes both the land and any permanent structures on it. However, if informal settlers build structures on government-owned land without formal authorization, the legal status of these structures can be contentious.
Government and Informal Settlers: Government agencies are bound by specific regulations concerning land use. Any assessment of property value that includes unauthorized structures by informal settlers raises questions about the recognition of these structures. While the agency may assess the land and structures for administrative purposes, such as planning or development, this does not necessarily confer any legal ownership rights to the settlers.
Rights of Informal Settlers:
RA 7279 (Urban Development and Housing Act of 1992): This act provides for the rights of underprivileged and homeless citizens, requiring proper relocation and resettlement sites to be provided by the government or the landowner before eviction.
Legal Aid and Consultation: Informal settlers facing assessment or potential eviction should seek legal advice. Various non-governmental organizations and legal aid services offer assistance to understand their rights and options.
Government Responsibilities:
Due Process: Any action taken regarding government-owned land where informal settlers reside must adhere to due process, ensuring that the rights of all parties are respected. This includes proper notice, consultation, and adherence to laws concerning eviction and resettlement.
Equitable Solutions: The government should aim for solutions that balance development needs with the welfare of informal settlers, possibly including regularization programs that legitimize tenure through compliant pathways.
Conclusion:
While a government agency can assess the value of properties within its subdivisions, including those with unauthorized structures, this does not automatically legalize the presence of informal settlers nor their constructions. Any assessment must be handled carefully, respecting legal statutes and the rights of the occupants. Agencies must navigate these situations with a focus on lawful procedures and humane resolutions, ensuring that the rights of the informal settlers are not infringed upon while also maintaining the legal and orderly use of government properties.