Urban Poor Ask Supreme Court to Order Compliance of RA 7279 in Manila Bay Clean Up

Press Release

March 31, 2011

Urban Poor Associates (UPA) filed on Thursday before the Supreme Court a motion to issue order for compliance with Republic Act 7279 prior to demolition and/or eviction of informal settlers. This is an appeal on the high court’s decision on the implementation of the Manila Bay clean up rendered last February 15.

The Court orders Metropolitan Manila Development Authority (MMDA) and Department of Public Works and Highways (DPWH) to come up with the lists of informal settlers living along the Pasig-Marikina-San Juan Rivers, the NCR (Parañaque-Zapote, Las Piñas) rivers and the Navotas-Malabon-Tullahan-Tenejeros Rivers and the LGUs outside Metro Manila for the list of informal settlers along Meycauayan-Marilao-Obando (Bulacan) rivers, the Talisay (Bataan) River, the Imus (Cavite) river, the Laguna De Bay and Connecting waterways.

The high Court even set a timeline up to December 31, 2012 and 2015 for the full implementation of the demolition of houses and removal of the informal settlers.

However, UPA and other other movants Community Organizers Multiversity (COM), Community Organization of the Philippine Enterprise (COPE), Kabalikat sa Pagpapaunlad ng Baseco (KABALIKAT), Ugnayan Lakas ng mga Apektadong Pamilya sa Baybaying Ilog Pasig (ULAP) and residents along Radial 10 (R10) Boulevard in Tondo, Manila, found the court’s resolution silent as to the observance and compliance of the Urban Development and Housing Act of 1992 (RA 7279) which lays down requisites before eviction and/or demolition is enforced.

In a fifteen-page motion, the urban poor group through their lawyer, Ritche Esponilla, stressed that the effort in the rehabilitation of the Manila Bay should not be at loggerheads with the basic [human] rights accorded to the underprivileged and homeless citizens guaranteed by the 1987 Constitution itself.

RA 7279 requires that urban poor whose houses are subject to demolition should be notified 30 days before. It also compels consultation and relocation to the affected underprivileged citizens, and without such compliance there must be no evictions or demolitions.

UPA said with the SC decision shanties of 129,606 urban poor families surrounding Manila Bay are in danger of being demolished without relocation.

"There is an urgent need that the Court issues an order for compliance of requisites set out by RA 7279 prior to demolition and/or eviction to protect the housing rights of the poor. While the clean up is valuable it must not come at the expense of displacing thousands of urban poor families already marginalized by society,” Atty. Esponilla said.

“We must also remember that the high Court already recognized that this endeavor (preservation of Manila Bay) cannot go against the right of those whose dwellings are in danger of being torn down. In its ruling on October 2009, it emphasized that it does not give the MMDA and other concerned government agencies the power to evict any individual from his or her home without first giving notice,” he added.

UPA said President Benigno Aquino III tasked Department of Interior and Local Government (DILG) to form a technical working group (TWG) that would study issues/concerns of the urban poor. This TWG is already working.

UPA field director Alicia Murphy concluded, “The waterways dwellers are working hard to implement their dream of on-site housing through the TWG. We even came up with a housing proposal along waterways designed by Palafox architects that would not interfere with the cleaning of Manila Bay and the Pasig river. We believe that efforts on restoring the beauty of Manila Bay must be equipped with a comprehensive and decent housing program for the welfare of the poor. In this way, we will be able to preserve lives – the life of the poor and the life of the Bay. -30-

Urban Poor Asks Supreme Court to Convene Advisory Committee on Manila Bay Clean Up

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Urban Poor Asks Supreme Court to Convene Advisory Committee on Manila Bay Clean Up

08 October 2009. Eight months after the creation of the advisory committee that will oversee the Manila Bay clean up, the Urban Poor Associates (UPA) filed before the Supreme Court today a motion to convene the advisory committee and to submit report if no laws are violated or will be violated as well as other human and shelter rights by the concerned government agencies implementing the court’s decision to clean up Manila Bay.

The creation of the advisory committee came following the filing of a motion for clarification by the said group and the informal settlers who cried foul over the demolition of their houses without prior notice by the personnel of the Metropolitan Manila Development Authority (MMDA), supposedly in line with the ruling of the court issued on December 18, 2008 concerning the Manila Bay cleanup.

In a nine-page motion, the urban poor group through their lawyer, Ritche Esponilla, stressed that the urgency in convening the advisory committee is to come out with its official report. The report is to concern whether or not the various implementing government agencies follow the relevant laws or not particularly R.A 7279 or the Act providing for the Comprehensive and Continuing Urban Development and Housing Program.

UPA said 70,000 urban poor families surrounding Manila Bay are in danger of being demolished without due relocation. Earlier this year, it was also reported that unannounced and illegal demolitions were carried out along waterways and esteros surrounding the area of Manila Bay.

“There is an urgent need to convene the advisory committee as different government agencies are hastily implementing the clean up as a result of tropical storm Ondoy,” Atty. Esponilla said.

Atty. Esponilla said while the clean up is valuable and must be duly supported by all sectors it must not come at the expense of displacing thousands of urban poor families already marginalized by society.

“Let us be clear about two things here. One, the poor are not the major cause of the floodings. Second, the urban poor communities are not against any move to clean up Manila bay in order to restore its former splendor,” Atty. Esponilla stressed.

UPA said there are other explanation for floodings such as urban planning defects and environmental degradation as a result of illegal logging and quarrying activities in the mountains around Metro Manila. The group also said that the urban poor dwellers along esteros, waterways and other so-called danger areas not as a “matter of choice” but because they must in order to survive.

“As such, we believe in the effort to clean up Manila Bay, a comprehensive and decent relocation program and immediate economic relief must come with the initiative,” Atty. Esponilla said.

Atty. Esponilla also said the public must not be made to choose between the interest of the environment and the rights and welfare of the poor.

“They are not mutually exclusive of one another. Both are important. Surely, the rehabilitation of Manila Bay without resolving the urban poor question would be another tragedy. We would get rid off the pollution at the expense of the people. As such, we urge the government to convene the advisory committee to prevent or avert any violation of laws particularly the shelter rights of the poor living in the surrounding area of Manila Bay,” Atty. Esponilla concluded.

Other movants of the said motion include Community Organizers Multiversity (COM), Community Organization of the Philippine Enterprise (COPE), Kabalikat sa Pagpapaunlad ng Baseco (KABALIKAT), Ugnayang Lakas ng mga Apektadong Pamilya sa Baybaying Ilog Pasig (ULAP) and residents along Radial 10 (R-10) Boulevard in Tondo, Manila. -30-

Urban Poor Group Seeks Clarification of Supreme Court Ruling

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Urban Poor Group Seeks Clarification of Supreme Court Ruling

16 February 2009. Several urban poor communities have decided to seek clarification from the Supreme Court regarding its ruling in cleaning up Manila Bay that seems to give license to government agencies, particularly the Metro Manila Development Authority (MMDA), to demolish their dwellings found along the banks of Pasig River and its tributaries.

The communities have sought the assistance of St. Thomas More Law Center of the Urban Poor Associates (UPA) and the Sentro ng Alternatibong Lingap Panligal (Saligan) to act as their counsel in a motion for clarification before the Supreme Court which will be filed Monday (February 16) morning.

In its decision on MMDA vs. Concerned Residents of Manila Bay, et. al (SC GR. Nos. 171947-48), the Court mandates and authorizes the demolition of structures, houses of the urban poor included, as an integral process of cleaning the Manila Bay, without mentioning the obligation of the implementing agencies to observe the need for consultation and relocation in a humane manner as required by law.

Under Republic Act 7279 also known as the Urban Development and Housing Act of 1992 (more popularly known as the Lina Law), families who live in the so called danger zones may be relocated and their homes may be demolished provided that they are given adequate relocation after a process of consultation and dialogue.

This clarification from the court is urgently needed because the usual practice of MMDA is to demolish dwellings without giving notice and doing away with consultation, and without providing adequate relocation.

In fact, MMDA practices summary demolition based on the Building Code and the provision on summary demolition under the Civil Code.

MMDA has rendered thousands of urban poor families homeless, some of whom are now literally living in the streets with their children and elderly, exposed to the elements.

The number of families estimated to be directly affected by this court ruling is about 70,000.

While the communities have no legal standing to question the decision as they are not a party to the case, they have sought a prior leave of court to be allowed to seek clarification on the manner of executing and implementing the decision.

They will be directly affected if the government agencies, particularly the MMDA should interpret the decision as an order to demolish and destroy their dwellings without observing the people’s right to notice, consultation and relocation, among others.

Aside from UPA, other movants are housing rights NGOs such as the Community Organizers Multiversity (COM), Community Organization of the Philippine Enterprise (COPE), Kabalikat sa Pagpapaunlad ng Baseco (Kabalikat), Ugnayang Lakas ng mga Apektadong Pamilya sa Baybaying Ilog Pasig (ULAP) and residents along Radial 10 (R-10) Boulevard in Tondo, Manila. -30-

MEDIA ADVISORY: Urban Poor Group Seeks Clarification of Supreme Court Ruling in Cleaning Up Manila Bay

Attention: News Editor, News Desk, Reporters and Photojournalists

MEDIA ADVISORY

Urban Poor Group Seeks Clarification of Supreme Court Ruling in Cleaning Up Manila Bay

Due to the threats of demolitions and forced evictions, several urban poor community leaders are set to take up a legal battle on Monday (February 16) as they seek clarification from the Supreme Court with its ruling in cleaning up Manila Bay.

Several urban poor communities in Metro Manila have sought the assistance of St. Thomas More Law Center of the Urban Poor Associates (UPA) and the Sentro ng Alternatibong Lingap Panligal (Saligan) to act as their counsel in a motion for clarification before the Supreme Court.

The urban poor movants in this motion for clarification will accompany the lawyers to the Supreme Court on Monday at 10:00 AM. After the filing they will give a press con outside the court.

The Supreme Court ruling seems to give license to government agencies, particularly the Metro Manila Development Authority (MMDA), to demolish their dwellings found along the banks of Pasig River and its tributaries.

In its decision on MMDA vs. Concerned Residents of Manila Bay, et. al (SC GR. Nos. 171947-48), the Court mandates and authorizes the demolition of structures, houses of the urban poor included, as an integral process of cleaning the Manila Bay, without mentioning the obligation of the implementing agencies to observe the need for consultation and relocation in a humane manner as required by law.

This clarification from the court is urgently needed because the usual practice of MMDA is to demolish dwellings without giving notice and doing away with consultation, and without providing adequate relocation.

According to UPA, the number of families estimated to be directly affected by this court ruling is about 70,000.

Date: February 16, 2009 (Monday) / 10:00 AM

Venue: Supreme Court

Download: MOTION FOR CLARIFICATION OF PRONOUNCEMENTS OF THE SUPREME COURT


MOTION FOR PRIOR LEAVE


LEAVE OF COURT TO ADMIT THE ATTACHED MOTION FOR CLARIFICATION OF PRONOUNCEMENTS


News Release - Urban Poor Group Seeks Clarification of Supreme Court Ruling


Media Advisory - Urban Poor Group Seeks Clarification of Supreme Court Ruling in Cleaning Up Manila Bay

MEDIA ADVISORY: Human Rights and Access to Justice for the Poor

Attention: News Editor, News Desk, Reporters and Photojournalists

MEDIA ADVISORY

Human Rights and Access to Justice for the Poor

It is our distinct honor to invite you to attend a special seminar entitled, “Amending UDHA: Human Rights and Access to Justice for the Poor.” Commission on Human Rights Chairperson Leila de Lima, Senator Benigno “Noynoy” Aquino, Supreme Court Spokesman Jose Midas Marquez and Naga City Mayor Jesse Robredo will be the main speakers.

The seminar will be held August 4, 2008 (Monday) at the Audio Visual Room, Social Development Complex of the Ateneo de Manila University. It will begin at 9:00AM and end at 1:00PM. A modest lunch will follow.

The seminar brings together initiatives that promise improvement in the manner in which urban poor people are treated, especially in matters of evictions and relocation. Senator Aquino as chairperson of the Senate Committee on Local Government has already begun hearings on amending UDHA.

Chairperson de Lima took up the issues of evictions and relocation with a special emphasis on the human rights of the people involved in such activities contained in the country’s Constitution and laws and the International Covenants the country has signed.

The seminar is also our effort to follow through the highly successful "Forum on Increasing Access to Justice: Bridging Gaps and Removing Roadblocks" which the Supreme Court Chief Justice has initiated.

Naga City has been awarded the 2007 Housing Rights Protector Award for its Kaantabay sa Kauswagan Programme, an initiative providing security of tenure and improved living conditions for thousands of its residents.

After the speakers make their opening statements, urban poor people will have a chance to tell stories of how they have suffered in recent evictions, for example, the absence of consultation, legal notice and relocation. Government agencies will have time to make their comments on what has been said by the speakers and the poor. Then there will be an open forum.

At the end, the speakers will share their final thoughts on the subjects discussed. There will be a large poster-size statement of purpose that the participants will be asked to sign.

Date: August 4, 2008 (Monday) / 9:00AM - 1:00PM

Venue: Audio Visual Room, Social Development Complex, Ateneo de Manila University, Loyola Heights, Quezon City

TRO sought against MMDA, DPWH, PNR, NHA to stop forced eviction

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TRO sought against MMDA, DPWH, PNR, NHA to stop forced eviction

16 April 2008. To prevent their eviction and the demolition of their houses, settlers along the railway and Radial Road 10 (R-10) are seeking a temporary restraining order against the Metropolitan Manila Development Authority (MMDA), Department of Public Works and Highways (DPWH), Philippine National Railways (PNR) and National Housing Authority (NHA).

Petitioners filed their petition for a TRO and preliminary injunction April 16 at the Supreme Court. The settlers who live along the railroad tracks in Sta. Cruz, Tondo and Sampaloc, Manila are being threatened with demolitions and evictions due to the Northrail Southrail Linkage Project (NSLP). While the residents along R-10, North Bay Boulevard in Navotas City are affected by the road-widening project.

The government agencies should be prohibited from evicting the informal settlers and demolishing houses since the evictions are being carried out in utter violation of the constitutional guarantees and safeguards regarding forced evictions vis-à-vis Republic Act 7279, otherwise known as the Urban Development and Housing Act (UDHA), according to the Urban Poor Associates (UPA), a non-government organization who provided the assistance through its legal unit, the St. Thomas More Law Center.

“The respondent government agencies brazenly laid down its plan of actions for the year 2008 which involve the demolition of houses and evictions of thousands of urban informal settlers in the guise of carrying out its development and/or clearing operation along the whole stretch of railroad tracks and Road 10, Navotas City,” the counsel for the petitioners, lawyer Bienvenido Salinas Jr. and Ritche Esponilla, said in a statement.”

Other NGOs such as the Sentro ng Alternatibong Lingap Panligal (SALIGAN) and Community Organizers of the Philippine Enterprise (COPE) Foundation co-sponsored the filing of the case.

The group cited the Presidential Commission for the Urban Poor (PCUP) who admittedly observed several flaws in the conduct of demolitions and evictions in urban poor communities. Such violations are: a mere 5 five days verbal notice; No consultation; Insufficient fund; No relocation; Proponent (like MMDA) do not apply for the Certificate of Compliance with PCUP as required by E.O. 152; Affected families are forced to receive financial assistance instead of relocation; Relocation sites have few if any available economic opportunities; and Relocation sites have no adequate basic services.

“These looming threats of eviction and demolition despite non-compliance with what are required by no less the Constitution and UDHA – e.g. prior notice/s, adequate relocation and consultation which continuously being undertaken by the respondent government agencies inflict gross injustice on the urban poor community. The effect and impact of massive displacements of affected families, including women and children, cannot be denied.”

Petitioners are aware of the basic principle on the observance of hierarchy of courts. With due deference, however, petitioners find it proper to file this suit directly before the Supreme Court under the exception that “when the issue at hand transcends national interest and with a sense of urgency, petition of this nature may be filed directly with the High Court.”

“Undeniably, the issue at hand which will create, as in fact it has created in last year’s demolitions and evictions, massive displacement of affected families within the railroad tracks transcends national interest. This concerns human beings who are also accorded basic rights by no less the Constitution itself to life and shelter. They cannot simply be dragged and forced from their makeshifts in the guise of development and promotion of general welfare.”

Some 50,000 families living on the railroad tracks will be evicted because of the railway project. About 30,000 families still remain on the tracks. While some 16,000 families along R-10 will be evicted due to the road-widening project. -30-

Urban poor group seeks SC's help vs demolitions

Urban poor asks Supreme Court to stop demolitions

Manila, Navotas residents seek TRO vs MMDA demolition

Group asks SC to stop eviction of railway residents

Group says railway project to displace 50,000 families

Stop to demolition

MEDIA ADVISORY : Settlers to seek Supreme Court TRO against MMDA, DPWH, PNR, NHA to stop forced eviction

Attention: News Editor, News Desk, Reporters and Photojournalists

MEDIA ADVISORY

Settlers to seek Supreme Court TRO against MMDA, DPWH, PNR, NHA to stop forced eviction

The Urban Poor Associates (UPA), Sentro ng Alternatibong Lingap Panligal (SALIGAN) and Community Organizers of the Philippine Enterprise (COPE) Foundation request your presence at a media conference to be held at the Max’s Restaurant on Wednesday, April 16 (11:00 AM).

It will coincide with the filing of Temporary Restraining Order (TRO) against Metropolitan Manila Development Authority (MMDA), Department of Public Works and Highways (DPWH), Philippine National Railways (PNR) and National Housing Authority (NHA).

Settlers who will be affected by the Northrail Southrail Linkage Project (NSLP) in Manila and the road-widening project along Radial Road 10 (R-10) in Navotas are seeking a TRO at the Supreme Court to prevent their eviction and the demolition of their houses in the absence of compliance with what is required by the Urban Development and Housing Act (UDHA).

Some 50,000 families living on the railroad tracks will be evicted because of the railway project. About 30,000 families still remain on the tracks. While some 16,000 families along R-10 will be evicted due to the road-widening project.


Press Conference

Date: April 16, 2008 (Wednesday)

Time: 11:00 AM

Venue: Max’s Restaurant, 1123 Ma. Orosa St., Brgy. 669, Ermita, City of Manila (Mercedes Function Room)