a. persons/entities occupy danger areas
b. persons/entities occupy public places
c. place occupied is a government infrastructure project site
d. there is a court order for eviction or demolition
e. construction falls under the category: new illegal structure (construction after March 29, 1992)
f. structure belongs to a professional squatter or a member of a squatting syndicate
- In the execution of eviction or demolition involving underprivileged and homeless citizens, the following are mandatory: (Sec. 28, UDHA, Implementing Rules and Regulations)
- 30-day notice
- adequate consultation
- only during office hours and good weather
- presence of LGU officials
- all those participating in demolitions must have proper ID
- the Philippine National Police shall be in proper uniform (their task is not to demolish but for law enforcement and disturbance control only)
- heavy equipment shall not be used except for concrete structures
UDHA Resettlement Program
- resettlement of persons living in danger areas (esteros, railroad tracks, garbage dump, riverbanks shorelines and waterways) and public places (sidewalks, roads, parks and playgrounds)
- The LGUs, in coordination with the National Housing Authority, are tasked to provide relocation or resettlement sites with basic services and facilities and access to employment opportunities sufficient to meet the basic needs of the affected families. [1]
Republic Act 7279 was created to help the underprivileged to own and live freely however because of lack of political will of the government to apply the real intention of the law; Informal settlers found a way to circumvent the law and made it appear that the government has no right to evict them because there were no adequate consultation and no concrete plans for their relocation. The government concede to the ideas of these informal settlers so that they could satisfy their political careers because as I mentioned the slum consists of 21% of the population in the Metro Manila.
The creation of RA 7279 along side with RA 8356 where it decriminalize squatting made informal settlers more arrogant and created professional squatting common as the government has no real action to penalized the people who conduct such act. Although, the law gives the very best intention to help the underprivileged however it does not solve the real squatting problem of the Philippines because the government needs to learn that more than the informal settlers the real problem is poverty and lack of development in rural areas.
[1] http://www.pdhre.org/materials/learning4.html
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