Tuesday, March 13, 2007

Wanted: Candidates for the solid 8 million UP-All vote

Urban Poor Positions

We, the Urban Poor Alliance (UP-All), a coalition of 800 urban poor NGOs and people’s organizations, ask candidates to sign their agreement to these urban poor positions and promise to work for their realization when elected. UP-All promises to distribute thousands of copies of the positions and signatures. The following positions are the same as those advanced by the Catholic Bishops’ Conference of the Philippines in its February 8, 2007 “Statement on the Nation’s Housing Problem.”


Forced and Illegal Evictions. Thousands of poor families are evicted each year (40,000 plus in 2006) by Local Government Units and agencies, such as, Metro Manila Development Authority, National Housing Authority and the Department of Public Works and Highways. They regularly fail to provide any relocation, so the families are literally dumped in the street contrary to the Constitution (Art. 13, Sec. 9), our law (R.A. 7279) and international covenants the Philippines has signed that have the force of Philippine law.

We seek improvements in the law (R.A. 7279) but we realize good laws are not enough and require strong political will to achieve results. We ask your total involvement as legislators and advocates.

The following areas seem certain to be cleared of residents: C-5, R-10, North and South Rail, Pasig River (10-meter easement), and Esteros.

We ask our candidates:

a. To strengthen the laws governing evictions. Make the people’s right to relocation very clear. Also the law needs clarification on many points.

b. Punish those who put poor women, children and the aged in the streets. To date no official has been punished, though thousands of poor families have been evicted without relocation. This requires executive department action, but severe penalties can encourage observance of the law.

c. Guarantee decent, that is, in-city or near-city relocation to all evicted families. Cardinal Rosales has repeatedly asked government to be generous in interpreting deadlines and cut-off dates when deciding who are beneficiaries of relocation. All evicted poor families need relocation.

d. After the election immediately conduct hearings in Senate on the eviction problem.

e. Establish an Independent Commission to control illegal forced evictions. This commission, to be appointed by the president, must sign off on all evictions or the evictions are forced and illegal, and the people in charge are liable to punishment. It will have the power to issue subpoenas duces tecum. (See Appendix A)


The poor have a right to the city as citizens. Land and housing, therefore, must be found within the city. The following measures are steps in this direction:

· Triple the coverage of the Community Mortgage Program (from 13,000 families to 39,000).

· Upgrade and title all urban land proclaimed since 2001. This should include basic services (light, water, drainage, sanitation), lot assignment, and housing assistance. People will pay affordable monthly amortization.

· Continue urban land proclamations at a rate of about 50,000 families per year.

· Private landowners who have poor people living on their land should receive tax breaks if they grant the families long-term leases (10-15 years).

· A more basic solution to the high cost of urban land must be found during the first year of the next Congress. It can involve higher taxes on idle land and other proposals that have been suggested by experts for many years.


Basic Services

· Make it illegal for government or private land owner to deny right of way for water and light services to urban poor communities. To do so violates international law.

· Make it illegal for barangay officials to profit financially from light and water delivery.

· Installment fees cannot be paid all at once by most poor people. Extend payment over 18-24 months.

· Bring back the Depressed Area Electrification Program (DAEP).


Local Housing Boards

Require all cities and municipalities to have a functioning local Housing Boards.


Establish the Church-Government-Civil Society Planning Committee. As the Catholic Bishops’ Conference of the Philippines did in its “Statement on the Nation’s Housing Problem”, January 28, 2007, we recommend the immediate creation of a government-Church-civil society commission that will provide guidelines for the further development of our cities, so that the urban poor will have a decent place to live and economic development will go hand in hand with social and environmental considerations. The said commissions in each city and town can immediately conduct consultations to discuss and resolve the issues on homelessness in a pro-active way. Planning of mass housing for the poor is a concern of public officials for the sake of the common good, and not only of property developers for their own profit.

· There may be a committee in every urban center.

· A duty of the Committee will be to review major infrastructure plans to guarantee the minimum number of poor people are evicted.

· Another duty will be to organize critical discussions of governmental urban plans, in order to achieve prosperity and social justice in the country. There is at present no such body with the result that our cities and towns are largely unplanned and present a challenge to decent living rather than a help.


Community Mortgage Program and the Social Housing Finance Corporation. The Community Mortgage Program (CMP) was designed to minimize if not prevent forcible evictions. The Social Housing Finance Corporation was a major advocacy campaign of the urban poor. However, the SHFC has fallen short of the goals people had for it. It is supposed to handle the Community Mortgage Program and other forms of housing programs and schemes. It has failed to expand the CMP or offer other services.

We recommend the scaling up of the CMP by adopting the localization scheme. The Localized CMP will enable LGUs to access funds from SHFC and relend to its urban poor communities. We also recommend the enactment of a special charter for the SHFC. (See draft bill in Appendix B)


Other Needs. Many urban poor people are hungry or cannot afford to purchase the World Health Organization’s minimum water needs, or lack legal electric connections, or send their children to deteriorating schools or lack money to buy medicines.

Based on President Ramon Magsaysay’s aphorism: “He who has less in life, should have more in law,” we suggest the position of Ombudsman for the urban poor be created. His or her job will be to see the poor get an even break and even extra help, which is called “affirmation action” in other countries.


Signatures of Candidates:


_____________________________ ______________________________



_____________________________ ______________________________



(Appendix A)

URBAN POOR LEGISLATIVE AGENDA:

1. BILL TO REMOVE THE CUT-OFF DATE OF THE UDHA (MARCH 1992)

· The conditions listed in the UDHA for the three-year demolition moratorium (beneficiary listing, urban lands inventory, resettlement plans) were not complied with;

· With an annual average population increase for urban areas of 5%, the number of urban poor not covered by the UDHA is a staggering ___________.
The cut-all date was arbitrary contingent on a number of things that should have been implemented but were not by government. Hence, it has become discriminatory against the urban poor who came in after March 1992 and rendering them vulnerable to various human rights violations whose only fault is being born poor. The CBCP statement on housing quotes the Pontifical Commission Justice and Peace on the International Year of Shelter for the Homeless: “Any person or family that, without any direct fault on his or her part, does not have suitable housing is the victim of an injustice.

· This violates the equal protection of law for all.

· This violates Philippine treaty obligations arising from its being a signatory of international treaties, such as, the International Covenant on Economic, Social and Cultural Rights, etc. which guarantee the enjoyment of housing rights for all.


2. Bill to disallow the use of the national building code, specifically, the non-compliance of securing a building permit, for the urban poor.

· Even during Martial Law, Minister Hipolito had already disallowed this with his memorandum order, saying that the national building code does not apply to urban poor housing.


3. Bill to set up an independent quasi judicial body with powers to monitor, investigate and to stop demolitions that do not comply with the law.

· Massive violations of the UDHA continue to take place with impunity. One recourse is to go to court, but this is expensive and time-consuming so that by the time the court acts, the case has become moot and academic.

· Another recourse was provided by Executive Order No. 152, but practice has shown it to be toothless. Many government agencies and LGUs simply ignored it and have not been called to account.

· This is based on the recommendation of the UN in 1995.


4. Bill to limit to the issues listed in Section 28 of the UDHA as basis for demolition and strict compliance with the steps listed in Section 28.

· Government agencies and LGUs, including private individuals, have been using reasons other than those listed in the UDHA to carry out demolitions, such as, violation of the National Building Cose, nuisance, and old decrees and instructions issued by former dictator Marcos.


5. Bill obliging government agencies and LGUs to conduct consultations on and to implement in-city or near-city.

· UDHA says where feasible relocation should be in-city. A process open to public participation should be undertaken to determine what sites are feasible, instead of limiting the decision making to a small group of government planners and politicians. Government budgets should include allocation to acquire/expropriate in-city lands for relocation.


(Appendix B)

AN ACT CREATING THE SOCIAL HOUSING FINANCE CORPORATION, DEFINING THE POWERS AND DUTIES, APPROPRIATING FUNDS THEREFORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives in the Philippines in Congress assembled.

Section 1. Title. This Act shall be known as THE CHARTER OF THE SOCIAL
HOUSING FINANCE CORPORATION OF THE YEAR 2004.

Section 2. Creation. There is hereby created a Social Housing Finance Corporation (SHFC), which shall be the primary agency providing end-buyers financing for the low-income group, including the informal sector of the economy. It shall also provide developmental financing to developers, provided that the funds are utilized for socialized housing programs and projects.

To achieve this objective, the administration and/ or trusteeship of the Community Mortgage Program and the Abot Kaya Pabahay Fund (amortization support program and developmental financing program) are transferred from the NHMFC to the SHFC.

Section 3. Domicile. The Corporation shall have its principal place of business in
Metro Manila, but may have branches and agencies in other places as may be
necessary for the proper conduct of business.

Section 4. Capitalization. The Corporation shall have an authorized capital of Fifteen Billion Pesos (P15,000,000,000.00), divided into Fifteen Million shares (P15,000,000) with a par value of One Thousand Pesos per share, to be subscribed and paid for by
the Government of the Republic of the Philippines. In addition to the cash infusion
of the Government, the properties of the present NHMFC which may be transferred
to the Corporation and the contributions of the Government to the Community
Mortgage Program, shall be exchanged for shares of stock to the Corporation and
shall represent the equity investment of the Government.

Section 5. Purposes of the Corporation. The purposes of the Corporation shall
be as follows:

(a) To provide end buyers’ financing to the low-income groups, including the informal sector of the economy; and
(b) To provide developmental financing for socialized housing programs and projects

Section 6. Powers and Functions. The corporation shall have the following powers and functions:

(a) To provide end buyers’ financing to the low-income groups, including the informal sector of the economy;

(b) To provide developmental financing for socialized
housing programs and projects

(c) To administer the Amortization Support and Development Financing Components of the Abot Kaya Pabahay Fund, created under RA 6846, as amended by RA 7835

(d) To administer the Community Mortgage Program and innovative ways to
expand the Program and make it more accessible to the low-income
groups;

(e) To support people’s initiatives for self-help and incremental housing;

(f) To borrow funds from domestic or foreign, private and public financial institutions, and subdivision and condominium developers;

(g) To own, lease, purchase or otherwise acquire, sell or otherwise dispose of property, real or personal, as may be necessary and appropriate for the
conduct of its business;

(h) To invest the funds or monies of the Corporation not needed for end-
buyers’ and developmental financing in government securities and/or
deposited in government banks to ensure its liquidity, safety and growth;

(i) To enter into and perform such contracts with any person or entity, public
or private. As may be necessary, proper and conducive to the attainment
or furtherance of the objectives and purposes of the Corporation;

(j) To adopt, alter and use a corporate seal; to sue and to be sued; and
generally, to exercise all the powers of a corporation under the
Corporation Code which are not inconsistent herewith; and

(k) To promulgate such rules and regulations and to do and perform any and
all acts as may be necessary and proper to carry out is responsibilities,
powers and functions under this Act.

Section 7. Borrowing Power. Subject to the prior approval of the Monetary Board of
the Bangko Sentral ng Pilipinas and the President of the Philippines, the
Corporation shall borrow from domestic and foreign private or public financial
institutions, and subidivision and condominium developers, such amount as may,
from time to time be required for its operations, or issue bonds, promissory notes, debentures, certificates of indebtedness, and other debt instruments in foreign
currency. No part of the proceeds of domestic and//or foreign borrowings shall be
used for operating expenses of the Corporation.

The bonds, promissory notes, debentures, certificates of indebtedness and
other debt instruments issued in local or foreign currency shall be at such interest rates, maturities and other terms and conditions as the Corporation may determine.
The debt instruments may be secured by the assets of the Corporation and shall be
fully exempt, both as to the principal and interest, from any and all taxes imposed by
the Government or any of its subdivision. The debt instruments shall be negotiable
and shall be unconditionally guaranteed as to the principal and interest by the Government of the Republic of the Philippines, through the Home Guaranty Corporation, which guaranty shall be indicated on the face thereof.

A sinking fund is hereby created for the payment of the Corporation’s bonds issued under the provisions hereof in such manner that the total contribution thereto, accrued at such rate of interest as may be determined by the Secretary of Finance in consultation with the Monetary Board, shall be sufficient to redeem the bonds of maturity. The said fund shall be held in trust by the Bangko Sentral ng Pilipinas that shall have the power to:

(i) invest the same in such manner as the Monetary Board may approve;
(ii) charge all expenses of such investment to the said sinking fund; and,
(iii) credit the same with the interest on investments and other incomes
belonging to it.

A standby annual appropriation is hereby made out of any general funds in the National Treasury in such amount as may be necessary to provide for the sinking
Fund created herein and for the interest on bonds issued by the Corporation by
virtue hereof.

Section 8. Alternative Compliance to the Agri-Agra Law and Section 18 of the Urban Development and Housing Act. Subscription by banks of bonds and other
forms of indebtedness issued by the SHFC utilizing the portion of the Agri-Agra
Law, and R.A. 7835, otherwise known as the Comprehensive and Integrated Shelter Financing Act, and their Implementing Rules and Regulations.

Likewise, purchase of subdivision and condominium developers of these debt
instrument issued by the SHFC, in the amount of twenty percent (20%) of the total subdivision or condominium project cost, shall be considered compliance of the requirement prescribed under Section 18 of R.A. 7279 and its Implementing Rules.

Section 9. Governing Body. The powers and functions of SHFC shall be governed
by a Board of Directors, as follows:

(a) The Chairman of the Housing and Urban Development Coordinating Council
who shall be the Chairperson of the Board. Whenever the Chairman of
Housing and Urban Development Coordinating Council is unable to attend the
meeting of the Board, he/she shall designate the Secretary General as his
alternate, but who shall not act as Chairperson.

(b) The President of the Corporation, who shall be the Vice-Chairperson;

© The Secretary of the Department of Finance. Whenever, the Secretary of
Finance is unable to attend, he/she shall designate an Undersecretary or
any Assistant Secretary to act as alternate.

(d) The Secretary of the Department of the Interior and Local Government.
Whenever, the Secretary of Interior and Local Government is unable to
attend, he/she shall designate an Undersecretary or any Assistant Secretary to
act as alternate.

(e) The Secretary of the Department of Budget and Management. Whenever,
the Secretary of Budget and Management is unable to attend, he/she shall
designate an Undersecretary or any Assistant Secretary to act as alternate.

(f) Representative from the Bangko Sentral ng Pilipinas designated by the BSP
Governor.

(g) Four (4) representatives from the non-government organization, to be
appointed by the President of the Republic of the Philippines.

The members of the Board shall receive a per diem and reasonable transportation
and representation, at par with other government financial institutions, as may be provided by the Board of Trustees and approved by the President of the
Philippines.

Section 10. Powers of the Board. The Board shall have the following powers:

(a) To formulate policies, rules and regulations to effectively carry out the functions of the SHFC under this Act;
(b) To direct the management, operations and administration of the SHFC;
© To authorize such expenditures by the SHFC in the interest of the
effective administration and operations and
(d) Upon recommendation of the President of the SHFC to appoint and fix
the remuneration and other emoluments of subordinate officers and
personnel of the SHFC, and to remove or otherwise discipline such
officers or employees for cause as may be provided by law.

Section 11. President. The Chief Executive Officer of the SHFC shall be the
President who shall be appointed by the President of the Republic of the Philippines
for a term of 6 years unless sooner removed for cause or by reason or incapacity. He must be of good moral character, responsible, of unquestionable integrity and probity and must be of recognized competence in any of the field of economics, banking, finance, commerce or industry.

Section 12. Powers and Duties of the President. The President shall have the
following powers:

(a) To prepare the agenda for the meetings of the board and to submit for consideration of the board, policies and measures which he believes are necessary to carry out the purposes and objectives of the SHFC;
(b) To execute and administer the policies and measures adopted by the
board; and
(c) To direct and supervise the operations and internal administration of the SHFC. He may delegate other administrative responsibilities to other executive officers of the SHFC subject to such rules and regulations promulgated by the Board, and to exercise such other powers as may be vested in him by the Board.

The salary of the President of the SHFC shall be fixed and determined by the Board of Directors as provided in Section 10 (d) hereof. The Board may authorize the payment of allowances and other emoluments to the President
of the Corporation.

Section 13. Appointment of Personnel. All other officers and employees of the
SHFC shall be appointed by the Board upon the recommendation of the President of
the SHFC.

Section 14. Auditor. The Chairman of the Commission on Audit shall act as the
ex-officio auditor of the SHFC and, as such, is empowered to appoint a
representative who shall act as the auditor of the corporation. He shall also appoint
the necessary personnel to assist said representatives in the performance of his duties.
The auditor of the SHFC and personnel under him may be removed only by the
Chairman of the Commission on Audit.

Section 15. Tax Exemption. Notwithstanding the provision of any general or
special law to the contrary, the SHFC, its properties and transaction except income
shall be exempted from the payment of all taxes, duties, fees and other charges including costs, service and filing fees, appeal bonds in any court in administrative proceedings.

Section 16. Separability Clause. If for any reason any section or provision of this
Act is declared to be unconstitutional or invalild, the other provision not affected
thereby shall continue in force and effect.

Section 17. Effectivity. This Act shall take effect after fifteen (15) days following
its publication in at least two (2) newspapers of general circulation.


Tuesday, March 6, 2007

Much more than 100,000 in Metro Manila homeless -- study

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Much more than 100,000 in Metro Manila homeless -- study

6 March 2007. Much more than 100,000 ‘new’ types of homeless have emerged in Metro Manila and they are all products of globalization and a mark of modern capitalism, according to a study recently presented to the Institute on Church and Social Issues (ICSI).

It also said that it is only a matter of time that this types of homeless will increase more and more, and that its existence will be recognized as the ‘new homeless’ different from the squatter homeless as they become noticeable everywhere.

“These are the people moving on the streets in some constant range and who cannot live even in the squatters,” said Hideo Aoki Ph.D., Director of Japan’s Urban Sociology Research Center and a research fellow at the Ateneo de Manila University.

Aoki said that street homeless have not attracted people’s attention so far because their existence has been overwhelmed by the large-scale squatter problem. According to him, the process why globalization resulted in the increase of street homeless is composed of the following sub-processes that are functional to each other:

Increase of life chance
The globalization has brought the expansion of the service economy in Manila. And it has brought the increase of the life chance for street homeless. First, the business facilities, the convenience store, the family restaurant etc. have increased drastically. As a result the life resources such as food with which street homeless can survive have increased. And the opportunity for street homeless to beg the money has increased too. This process is the first pull-factor that induces the poor people to the streets.

Secondly, the expansion of the service economy has urged the informalization of labor, that is, the increase of the new various occupations which poor people could be engaged in with the small equity capital and without any special knowledge and skills. The existing informal sector has expanded too. As a result jobs on the street such as vendor, scavenger, barker, carrier have increased especially in the bottom of the informal sector. Finally, the new informal occupations such as cleaner, sandwich man, car watcher, errand etc. have appeared. These job conditions have produced the new life chances of street homeless. This is the second pull-factor that induces the poor people to the streets.

Downward pressure in the status
The globalization has urged to reorganize the labor market through the neo-liberalist restructuring of company, that is, the flexibilization of labor, which worker is requested to have the ability to perform the various jobs and the contractualization of employment, which limits the worker’s employment term in 3 to 6 months. They have made the worker’s employment status unstable and cut back the real wage. There have increased the workers who get wages under the minimum level even in the modern companies including the multi-national corporations. Those conditions have made the worker's life situation worsen. Some workers have had side jobs mostly in the informal sector, other workers have transferred from the companies to the informal occupations. And other family members have set to work mostly in the informal occupation. All of these strengthened the downward pressure to the worker’s status. This situation of labor became the general background in which people in the bottom of the society became homeless. This process is the first push-factor that pushes the poor people to the streets.

Demolition of squatter
The globalization has accelerated the competition among the capitals and has urged to redevelop the land. The market of real estate has expanded. The lands, which were unused and devastated, have been redeveloped. And the gentrification of inner-city has been proceeded. The government’s policies such as privatization of the public land, improvement of the dangerous area, beautification of the street have accelerated these processes. And the demolition of squatter has been practiced from the inner-city. Squatter has increased on the surrounding edge of city, where the unused and devastated lands remained. People who were not given the lands to live, who rejected to transfer to the relocation sites and who returned from the relocation sites to Manila have increased. Among them people who did not have relatives to rely on have stayed on the streets. This process is the second push-factor that pushes the poor people to the streets.

Deadlock of operating the policies
The globalization has given birth a small government through the neo-liberalism, and has deteriorated the financial crisis of developing country. As a result the policies about homeless people have gone to be deadlocked. Firstly, the policy to create jobs for the urban poor, especially the squatter inhabitants, has been deadlocked. Secondly, the policy for the land secure and the house construction for the squatter inhabitants have been deadlocked. The compensation such as relocation has been practiced only for some parts of squatter inhabitants. Thirdly, the policy for the employment and the welfare that should relieve the street homeless has been deadlocked. There have been no homeless measures worth of special mention except the emergency aid of medical treatment, and six temporary facilities for the street homeless in Manila. These conditions are the third push-factor that pushes the poor people to the streets.

Street homeless are formed as a social stratum through the processes in which the various factors which induce the poor people to the streets, the pull-factors, and the various factors which push the poor people to the streets, the push-factors, operate together. The circumstances in which homeless people are produced are different in each country, each city being defined by each history. However, ‘new homeless’ has appeared almost at the same time in the cities of industrial country and of developing country.

According to Aoki, the increase of the street people in Manila has its unique process prescribed by the history in the Philippines: Why is the Philippines’ economy not able to take off? Why is the Philippines’ government not able to resolve the problems of poverty and housing? What political, social and cultural conditions are there behind those problems?

The transformation of urban industrial and spatial structure through the globalization is intensively represented in the situation of new homeless. The homeless problem ranged over a wide variety of social areas from exploitation, discrimination and exclusion to civility, public space and social movements. It manifested, at a stroke, the modern society’s diverse set of problems. New homeless are a symbolic existence that expresses the polarization of urban class structure. -30-

For additional information please contact John Lagman
(632) 4264118.

Tuesday, February 27, 2007

MMDA demolition in Paco terrorized poor dwellers

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MMDA demolition in Paco terrorized poor dwellers

27 February 2007. A violent demolition today, this time in Paco, Manila hurt scores of residents living under the San Andres Bridge 1 along South Super Highway and displaced some 54 urban poor families. Accompanied by armed policemen, the demolition was carried out by more than 200-strong demolition team from Metro Manila Development Authority (MMDA).

It was already 2:30 in the afternoon when 64 year-old Natividad Navarro was hit by a bottle on her knee, and then suddenly she heard the gunfire and explosions. At first she was shocked and terrified, she waited for the noise to die down. But after a while, when she realized that the gunfire and explosions were not going to stop, she ran away with her 2-year old granddaughter, aiming to get out of the demolition teams and seek the safety on a nearby tree beside the highway. “Mga hayop sila, di sila makatao,” Navarro cried out.

After several armed assaults, many children including her granddaughter were crying out in terror. “Di ko na alam ang aking gagawin. Ang pag-aaral ng mga apo ko nasira na. Wala naman kaming pupuntahan,” Navarro said.

Before the clash started, Fr. Jorge Anzorena, a famous Jesuit priest, architect and Ramon Magsaysay awardee helped in the resident’s negotiation with MMDA. Before the violence started, Fr. Jorge said the barangay chairman and the residents had requested that they be given 30 minutes to get some of their personal belongings. The MMDA, however, went ahead which made the chairman angry. Warning shots rang out from the guns of MMDA personnel and the armed police escorts.

“How could you destroy their lives, their livelihood, their future? This is very disgusting in a country with so much suffering,” Fr. Anzorena told the MMDA.

Anzorena recalled that only yesterday, in a meeting at the barangay hall, the MMDA and personnel from Manila City government promised the residents that they will delay the demolition for one week as the residents look for relocation site.

“This is something difficult to understand…making poorer the poor. A government which is suppressing the people,” Anzorena added. “It’s very sad, how people could do this,” he said.
People were shouting while their barangay captain Alfredo Tan was being beaten like a dog by swarming MMDA personnel. According to the residents, 5 more men including a barangay councilor had been hit in their head and were brought to a nearby hospital.

Her worst fear was confirmed when Alberta Abenaza saw the poor families sprawled all over. Abenaza, president of Samahan ng mga Taga Ilalim ng Tulay Neighborhood Association (SAINT), a people’s organization, felt betrayed as she was tricked by the MMDA personnel. “Tinawag nila ako para mawala ako sa barikada. Wala na ang mga gamit ko, ninakaw lahat ng MMDA. Hayop talaga,” Abenaza said.

While the leaders were away to discuss everything in a meeting with a certain Engineer Baal of Manila City Engineering Office and only barricade of children were present, the demolition teams began to surround the bridge and drive away the residents. When the barangay captain arrived, he was so upset and angry with the deception. “Huwag munang magdemolis, may negotiation pa,” the barangay captain told the notorious demolition team.

Aside from the 54 families under San Andres Bridge 1, some 87 families under South Super Highway Bridge 1 in San Andres Bukid were also forcibly evicted beginning this morning, according to the Urban Poor Associates (UPA), an NGO helping the poor families in eviction crises. “More than 100 families may sleep on the streets tonight because they have no relocation site. The MMDA used a ploy by giving away 5,000 pesos for each family instead,” the UPA said.
There were uniformed policemen present when the assault occurred. The police tried to arrest angry residents who started to throw things in the air while the noise started.

Anzorena believe that the number of violent demolitions will continue as long as the government is going against its rule. “It was painful. I think the politicians should really care for the poor,” Anzorena said

The government action to demolish and evict the petitioners without consultation and more importantly, without any provision for adequate relocation as mandated by the Constitution and Republic Act 7279 also known as Urban Development and Housing Act (UDHA) is gross violation of the law, according to UPA. -30-

For additional information please contact UPA at 4264118.

Saturday, February 24, 2007

Urban poor women and children to fight against illegal demolition

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Urban poor women and children to fight against illegal demolition

The country’s slum dwellers are always the first to suffer when government pushes its development projects. This time, however, poor families living under San Andres Bridge 1 along South Super Highway in Paco, Manila are intending to put up a fight against Metro Manila Development Authority (MMDA) and the Department of Public Works and Highways (DPWH).

Threatened with illegal demolition, the settlers are planning on Tuesday, February 27, to form a barricade of women and children to resist any attempt to tear down their houses along Estero Tripa de Gallina. “Lalaban kami kung kailangang magbuwis ng buhay. Di baleng mamatay ako, madinig lang, pansinin lang ang problema,” said 47-year old Alberta Abenaza, president of Samahan ng mga Taga Ilalim ng Tulay Neighborhood Association (SAINT), a people’s organization.

Since 2001, Abenaza has written letters asking for relocation assistance to the Housing and Urban Development Coordinating Council (HUDCC), Presidential Action Center, National Housing Authority (NHA), Department of Social Welfare and Development (DSWD), DPWH, MMDA, Church groups, and several Manila City officials.

“Di naman po kami tutol sa proyekto, ang hinihiling lamang po namin ay mabigyan ng pag-asa upang mabago at maitaguyod ang aming pamilya sa maayos na pamumuhay,” said Abenaza.

Personnel from MMDA and DPWH have verbally informed the residents last February 21 that they will be forcibly evicted due to the repair of the bridge.

The settlers who have lived for more than 14 years at the community filed their petition for a temporary restraining order (TRO) and preliminary injunction last January 12 at the Manila Regional Trial Court to prevent their eviction and the demolition of their houses. The presiding judge of the case is Judge Tita Bughao Alisuag of RTC Branch 1.

The people charge that the government “action to demolish and evict the petitioners without consultation and more importantly, without any provision for adequate relocation as mandated by the Constitution and Republic Act 7279 also known as Urban Development and Housing Act (UDHA) is gross violation of the law,” said Atty. Bienvenido A. Salinas 2nd, coordinator of the legal unit of Urban Poor Associates (UPA), St. Thomas More Law Center. “It also runs afoul of the provisions of the International Covenant on Economic, Social and Cultural Rights (ICESCR),” he added.

In a meeting with the residents held in Brgy. 734 last January 24, Manila Mayor Lito Atienza promised that there would be no demolition as he looked for a relocation site.

SAINT appealed anew last February 21 in a letter to Mayor Atienza to halt the demolition. “Dumating na po sa sukdulan ang pinangangambahan namin. Hirap, pagod, gutom at takot na kami. Ikaw lang po ang makakatulong sa aming problema sa ngayon,” the letter read.

Atty. Christine Anne Marie R. Alcazar of the Presidential Commission for the Urban Poor (PCUP) issued a certification dated February 23 saying that MMDA and DPWH has not applied for a Certificate of Compliance (COC) for the February 27 demolition of some 54 families under the bridge.

President Gloria Macapagal Arroyo’s Executive Order No.152 designated the PCUP as the sole clearinghouse for the proper conduct of demolitions and evictions involving the homeless and underprivileged and establishing a mechanism to ensure strict compliance with the requirements of just and humane demolition and eviction.

The Catholic Bishops’ Conference of the Philippines (CBCP) issued last January their Pastoral Statement for this year saying: “We call on those concerned to stop uncaring evictions and demolitions. We have laws in the land that tell us the proper processes for eviction. Let these laws be respected and followed, especially by law-enforcing agencies.”

Urban Poor Associates (UPA) is a non-government organization established to assist urban poor people in eviction crises, educate families in housing rights matters and upgrading of poor communities. -30-

For interviews with Urban Poor Associates (UPA) or additional information please contact UPA’s Media Advocacy Officer, John Lagman on (632) 4264118.

Thursday, February 15, 2007

6,000 voters in Makati denied right to suffrage?



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6,000 voters in Makati denied right to suffrage?

15 February 2007. As politicians prepare for May elections, former railway dwellers in Makati City who were relocated at the Southville Housing Project in Cabuyao, Laguna are facing a legal battle to preserve their right to vote.

Up to 6,000 voters may be denied the vote this upcoming election due to the largest displacement of people in the history of the Philippines, according to the Urban Poor Associates (UPA).

This developed after petitions for exclusion of voters has been raffled off and assigned to Judge Roberto Buenaventura of Branch 63 and Judge Carlito Calpatura of Branch 62 of the Makati City Metropolitan Trial Court. Judge Buenaventura will hear a case starting today, while Judge Calpatura will hear the other cases starting tomorrow.

Respondents were former residents of Barangay Magallanes, Bangkal, Pio del Pilar and San Antonio along the PNR railway tracks.

Petitioner Edgardo Collado and Oscar Ibay filed the petition February 2. The petitioners argued that respondents, having permanently transferred their residence, their names should be cancelled and excluded from the list of voters considering that they have ceased to be bona fide residents of Makati City.

One of the basic human rights recognized in the international instruments of human rights is the right to vote as guaranteed by the Article 25 of the International Covenant on Civil and Political Rights. The said right is reiterated in Article V of the Philippine Constitution.

“Libo-libong relocatee ang hindi makakaboto dito dahil ayaw silang pabotohin sa Makati at hindi naman sila registered sa Cabuyao. Ang Comelec dito, sa haba ng pila, alas kwatro pa lang ng madaling araw sarado na dahil 300 lang kasi ang pwedeng magparehistro bawat araw. Isa pa kailangan ng 6-month residency para makapagparehistro,” said Estrella Terencio, president of UPSAI. “Ang kailangan namin dito ay special registration dahil sa 7,000 families na na-relocate dito halos kalahati ay di pa nakapagparehistro.”

The respondents appeal to the Commission on Elections (Comelec) invoking their right to vote. “Sana ay mabigyan sila ng special consideration dahil hindi naman nila ginusto ang kanilang kalagayan. In the first place, the laws are made for man and to protect his/her right,” said Atty. Bienvenido Salinas 2nd, coordinator of UPA’s legal unit, St. Thomas More Law Center.

In a demolition drive that began since early 2005 and still continues in Pandacan, more than 145,000 people (29,000 families) have already been evicted from their homes in Metro Manila and Bulacan due to the rehabilitation of the Philippine railway system.

To 26 year-old Marnellie Buenviaje, there is almost no reason to be happy on Valentines Day. “Last year masaya, kasi kasama ko ang asawa ko. Pero ngayon ang hirap, wala siya, wala akong katuwang sa pagpapalaki sa mga anak ko. Pero kapag pinanghihinaan ako ng loob, kawawa ang mga anak ko.”

Buenviaje’s husband died in a motorcycle accident last year right before her family was relocated beside a dumpsite in Southville as part of the government’s Northrail-Southrail Linkage Project. Instead, the single mother of 3 spent her Valentines with a paralegal training seminar held yesterday in Cabuyao for the Urban Poor Southville Association Inc. (UPSAI).

Members of UPSAI sought the help of Urban Poor Associates (UPA) regarding their security of tenure, problems on distant relocation and basic services.

UPA research reveals that most of the evictees have been moved to relocation sites where living conditions are appalling due to a lack of basic services such as potable water, electricity, transport, medical, education and livelihood programs.

The dengue outbreak and unsanitary conditions in Southville have claimed the lives of 15 children. “This contradicts the promise of politicians in their manifesto and platform in the recent elections. Those are promises believed to have garnered electoral support among poor,” the UPA said in a statement.
Urban Poor Associates (UPA) is a non-government organization that concentrates on evictions of urban poor people and upgrading of poor communities. -30-
For interviews with Urban Poor Associates (UPA) or additional information please contact UPA’s Media Advocacy Officer, John Lagman (632) 4264118.

Monday, January 29, 2007

Housing Problems highlights CBCP’s latest pastoral statement




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Housing Problems highlights CBCP’s latest pastoral statement

29 January 2007. “Binabati namin po kayong lahat sa oras na ito. Kung sino man ang maawa sa amin. Hihingi po kami sana ng tulong pang-dagdag pamasahe sa Cagayan Valley. Dito lang kami kalsada natutulog. Wala kaming tahanan. Kaya gusto naming umuwi na.”

These are the words written beside a “kariton” which is home for 1 ½ year old baby Sharon and 6 more children of Antonio and Cristy Bautista. “Pinaalis kami ng may-ari ng bahay sa Payatas kaya andito kami ngayon sa kalsada. Pag gabi sa City Hall kami natutulog. Pero gusto na naming bumalik sa Amulong, Cagayan,” said 44-year old Antonio, a scavenger.

Bautista Family is only one of the increasing number of street families in Metro Manila caused mainly by forced evictions and illegal demolitions, according to the Urban Poor Associates (UPA), a non-government organization working on housing rights issues.

“For more than 5 million people in Metro Manila, there is literally no place like home because they do not have decent housing, clean inexpensive water, sanitation drainage, security of tenure, health care, good schools and employment. Hence they live in squalor unfit for human beings,” the UPA said in a statement.

Lack of adequate housing highlights a key concern for Catholic Bishops’ Conference of the Philippines (CBCP) this year in a Pastoral Statement signed yesterday by CBCP President Archbishop Angel N. Lagdameo.

"Any person or family that, without any direct fault on his or her own, does not have suitable housing is the victim of an injustice," the pastoral statement read.

“We call the attention of our people to a grave problem that many, especially among the urban poor, suffer the lack of adequate housing. Their inadequacy breeds other problems such as immoralities in the home, the abuse of children, the lack of education of many young people, unhygienic conditions in the family, joblessness among the people, malnutrition of children, and criminality,” said Archbishop Lagdameo. “We call on those concerned to stop uncaring evictions and demolitions. We have laws in the land that tell us the proper processes for eviction. Let these laws be respected and followed, especially by law-enforcing agencies.”

UPA’s annual demolition report shows the following:

•From January to December 2006 some 7,635 families lost their houses due to demolitions.

•Some 261 families or 3.41% did so due to court orders.

•Government did most of the demolitions. Local government units demolished the houses of some 1,102 families (15.37%), while the University of the Philippines in Diliman demolished the houses of some 166.

•National government agencies ordered the demolition of the houses of some 6,034 families: PNR and NHA some 4,500 families, the DPWH some 800 families, the Philippine Army and MMDA some 806 families.

•Five demolitions involving 1,911 families (25%) were violent.

Conclusion:

From 2001 to 2004, the number of demolitions in Metro Manila went down. This coincides more or less with positive developments in 2001 to 2003 when government allocated urban lands for socialized housing through presidential proclamations and some reforms in the government’s community mortgage program.

As shown in Urban Poor Associates’ monitoring of demolitions in Metro Manila since 1996, the number of demolitions went down during national elections (1998, 2004) and EDSA II.
Metro Manila

YEAR No. of Demolitions Number of FamiliesAffected Comments
1996 72 6,975 APEC-related demolitions to beautify Metro Manila
1997 16 8,067 Sta Elena Compound,Binondo, R-10, Sitio Mendez, Smokey Mountain
1998 20 3,882 National election
1999 36 7,873 New Bilibid Prison eviction of land invaders; more demolitions in private lands than government
2000 29 6,059 Pasig River, Flood Control, R-10
2001 13 2,073 EDSA II. PGMA instruction no demolition without in-city relocation, a defacto moratorium on demolitions
2002 15 1,043 PGMA instruction no demolition without in-city relocation, a defacto moratorium on demolitions
2003 26 4,315 MMDA clearing operation
2004 8 925 National Election
2005 26 2,074+ 20,000 (north rail in Valenzuela and Bulacan)=22,074 families Northrail Project
2006 Jan to December 7,635 Southrail project, Fort Bonifacio proclaimed lands, R-10

The demolitions in 2006 marked the almost complete turn around of the administration of President Gloria Macapagal Arroyo from its pro-urban poor stance in 2001: no more violent demolitions, in-city or near city relocation and on-site development through presidential proclamations and the community mortgage program. From pro-poor to anti-poor, as most in civil society organizations would say today.

In 2005 and 2006, a number of church leaders, including Manila Archbishop Gaudencio Cardinal Rosales, became alarmed with the way the government implemented its north and southrail linkage project. Taking up the issues of the affected families, they wrote to the president and to the vice president.

-30-

For interviews with Urban Poor Associates (UPA) or additional information please contact UPA’s Media Advocacy Officer, John Lagman on 632) 4264118
Urban Poor Associates
25-A Mabuhay Street, Brgy. Central, Q.C.
Telefax: 4264118 Tel.: 4264119 / 4267615
Ref: John Francis Lagman
http://www.flickr.com/photos/jlagman17

Tuesday, January 23, 2007

Urban poor hit Mayor Atienza for illegal demolition

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Urban poor hit Mayor Atienza for illegal demolition

23 January 2007, Manila. “Mabuti pa ang basura may paglalagyan, kami wala.”

Angry urban poor residents branded as illegal the demolitions being conducted by the City Engineering Office of Manila on their settlements under Quezon Bridge in Quiapo a week after the celebration of the 400th anniversary of the Black Nazarene.

With armed police escorts, the demolitions took place catching the residents by surprise since there were no demolition notices. People say they felt betrayed because most of the residents supported Mayor Lito Atienza during the past elections.

The city government has been doing it for several days beginning last week as part of its Quinta Market renovation project. They want to transfer the market vendors under the bridge as well as demolish the houses of the residents, according to Urban Poor Associates (UPA), a non-government organization working with urban poor issues.

“About 100 families were forced to live in the streets because demolished residents do not have temporary shelter. Many children have stopped schooling and are exposed to vehicular accidents,” said Teodoro Añana, UPA deputy coordinator.

Five-year old John Joshua Pangan, one of the demolished residents, was still at the Popular Memorial Chapel in Rizal Avenue, Sta. Cruz as of today because his family cannot afford the funeral expenses worth 20,000 Pesos. Pangan was a victim of hit and run in Palanca Street last Saturday and was declared dead upon arrival at the Philippine General Hospital. The jeepney driver who tried to escape from the vehicular accident was caught and detained in Traffic Bureau, Pier Area.

“Patay na yung nanay ni John Joshua at yung tatay naman ay walang pambayad dahil nagsa-sidecar lang. Isa pa, walang pagbuburulan dito dahil may demolisyon. Halos lahat nga dito ay pakalat-kalat, walang mahigaan kaya sa bangketa na lang natutulog,” said 57-year old Mercedes Ruiz, a resident under the bridge since birth.

Ruiz pleaded that the homes of remaining 200 families be spared from the on-going demolitions until a relocation site is given. She also worries about displacement from their livelihood.

Last November 22, the local government of Manila demolished the houses of some 50 families in the same community. City hall did not secure a certificate of compliance from the Presidential Commission for the Urban Poor (PCUP) prior to the demolition as required by Executive Order 152 of President Gloria Macapagal Arroyo, according to Onesimo Foundation, a non-government organization helping streetchildren.

“The Urban Settlements Office did not conduct consultations, neither did it provide relocation to the affected families as required by section 28 of the Urban Development and Housing Act (UDHA), said Daniel Wartenweiler, coordinator of Onesimo Bulilit. -30-

For interviews with Urban Poor Associates (UPA) or additional information please contact UPA’s Media Advocacy Officer, John Lagman on (632) 4264118

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