09/02/2008 | 06:42 PM
Informal settlers seek intervention of CHR (Read on at http://tinyurl.com/6afklm
Informal settlers seek intervention of CHR (Read on at http://tinyurl.com/6afklm
Tuesday, September 2, 2008
Speech delivered by Commision on Human Rights (CHR) Chairperson Atty. Leila M. de Lima
On the Occasion of the Launch of the Manifesto on Illegal Demolitions and Forced Evictions
Quezon City, 2 September 2008
delivered by
LEILA M. DE LIMA
Magandang umaga sa inyong lahat.
The Fourth Commission has just marked the first 100 days in office and we reported to the media many of the accomplishments achieved in the past three and a half months. One of the most important campaigns of the Commission on human rights protection is the drive to put an end to illegal demolitions and forced evictions.
Today is an especially important landmark for the Fourth Commission. The Manifesto presented here today represents the first giant step forward for the Commission on the cause of putting an end to illegal demolitions and forced evictions. The passage of the UDHA several years ago was billed as a breakthrough for informal settlers. As we've seen over the years, however, the deficiencies of the UDHA have become apparent. Hindi na tugunan ng UDHA ang 'di makatarungan at maka-taong demolisyon at ebiksyon. Hindi lubusang matupad ng mga lokal na pamahalaan ang mga probisyon ng Saligang Batas at ng UDHA. This Manifesto represents the strongest statement from those affected most by MMDA and local government demolition operations. We at the Commission are thrilled that our contribution to and support for the efforts of the urban poor groups has culminated in this presentation of the Manifesto. We have noted, with great pride, that many of the recommendations of the Commission on the amendment of the UDHA have been incorporated into the Manifesto.
The Commission lauds the efforts of the Urban Poor Associates and its affiliated organizations. The strength of this campaign is not merely in the multitude that it seeks to protect and represent but in its effectiveness of organization. The Manifesto is a unifying document that brings together the thousands who are adversely affected by illegal demolitions. Hereafter, it is vital that the presentation of this Manifesto to the media will generate even more support from more urban poor organizations and bring as many stake-holders together and speak with one voice through one Manifesto.
The task is, by far, not over. From the hundreds here this morning, we have to gather thousands and thousands more. Remember that the strength is not just in the numbers. It must be in organized numbers.
There are many critical contributions that must follow for this campaign to succeed. Since the local government is a critical part in the process of demolitions and evictions, their positive action is key to our campaign. It is not enough that we invite representatives of the local government to attend our forums on illegal demolitions. Hindi sapat na sabihin nila na alam nila ang mga hinanakit ng mga impormal na nananahanan. Hindi rin sapat na alam nila na may problema sa implementasyon ng UDHA. Hindi sapat na sasabihin ng MMDA na sumusunod lang sila sa isang resolusyon ng Metro Manila Council. Sa panig naman ng mga LGUs, PCUP at NHA, hindi sapat na panay ang bintang nila sa MMDA. Nangangailangan na ng aksyon sa pamamagitan ng mga local legislation at ordinansya na ipinagbabawal ng di-makatarungang demolisyon. Having said this, it is extremely important now to foster cooperation between organized urban poor groups and the various mayors. Before the passage of any amended law on the UDHA, the local government units must be on-board and supportive of alternatives to forced evictions and proactively preventing illegal demolitions.
In addition, the contribution of the media in disseminating our cause is key. Today's event is intended to generate media interest. However, the campaign is far from over and media coverage must be sustained over the course of our struggle to bring about just and humane solutions to the urban housing problem. All the more, the efforts of the UPA and other groups have to be coordinated and organized, in order to sustain a public relations campaign. As with other human rights issues that occupy the front pages of the news, this campaign must gather enough momentum to find its way onto the newspapers and evening news. It must not stop until both the local and national government fulfill the promises of the UDHA and Constitution.
At the moment, we are witnessing some progress in the fight against unjust and inhumane evictions. In finding other allies in government, the efforts of both the Commission and the urban poor groups have been recognized by the Supreme Court no less. This is a very important development especially since there has hardly been any declared support from the Executive Branch and LGUs, and Legislative support, spearheaded by Senator Aquino will take time before an Amended UDHA can be passed. The Chief Justice, however, is already exploring the possibility of amending the Writ of Amparo to extend to the protection of economic, social and cultural rights, and thus the same writ intended to protect victims of extralegal killings and enforced disappearances may soon protect victims of illegal demolitions and forced evictions as well.
The gains are still small, but they are promising. What we need now is not so much a show of anger or dissidence or violence, but sobriety. We need to be very deliberate in our efforts to gain the cooperation of key sectors of government and civil society. We need to be calculating in our managing of our resources and networks in sustaining media coverage. We need to contribute, with earnest effort, to find alternatives to forced evictions in order to suggest solutions to the government authorities, instead of expecting them to devise their own solutions. In all, our campaign must not be driven by anger, but by soberness. We will attain the justice for all informal settlers not by indignation, but with clarity of thought.
Nang mabasa ko ang Manifesto,napansin ko na may pagkakatulad ito sa aming mungkahi para sa aming kampanya laban sa ilegal na demolisyon. Sa panawagan ninyo para sa moratorium sa demolisyon at sapilitang ebiksyon, imumungkahi ko sa Commission En Banc na magpalabas ng resolusyon ukol dito.
Ipagdasal natin na makakamit natin ang mga hangarin ng ating Manifesto at ang ating layunin ng ating pakikibaka. Ipagdasal din natin na mananatiling matatag ang loob ng mga lahat ng nagbubuhos ng pawis at dugo para sumulong ang kampanya natin na makamtam ang tunay na justisya para sa mga maralitang komunidad. Nawa'y maging tunay na makatao at makatarungan ang ating lipunan.
Maraming salamat po.
References: ADVISORY ON THE CONDUCT OF FORCED EVICTIONS AND HOUSE DEMOLITIONS
Quezon City, 2 September 2008
delivered by
LEILA M. DE LIMA
Magandang umaga sa inyong lahat.
The Fourth Commission has just marked the first 100 days in office and we reported to the media many of the accomplishments achieved in the past three and a half months. One of the most important campaigns of the Commission on human rights protection is the drive to put an end to illegal demolitions and forced evictions.
Today is an especially important landmark for the Fourth Commission. The Manifesto presented here today represents the first giant step forward for the Commission on the cause of putting an end to illegal demolitions and forced evictions. The passage of the UDHA several years ago was billed as a breakthrough for informal settlers. As we've seen over the years, however, the deficiencies of the UDHA have become apparent. Hindi na tugunan ng UDHA ang 'di makatarungan at maka-taong demolisyon at ebiksyon. Hindi lubusang matupad ng mga lokal na pamahalaan ang mga probisyon ng Saligang Batas at ng UDHA. This Manifesto represents the strongest statement from those affected most by MMDA and local government demolition operations. We at the Commission are thrilled that our contribution to and support for the efforts of the urban poor groups has culminated in this presentation of the Manifesto. We have noted, with great pride, that many of the recommendations of the Commission on the amendment of the UDHA have been incorporated into the Manifesto.
The Commission lauds the efforts of the Urban Poor Associates and its affiliated organizations. The strength of this campaign is not merely in the multitude that it seeks to protect and represent but in its effectiveness of organization. The Manifesto is a unifying document that brings together the thousands who are adversely affected by illegal demolitions. Hereafter, it is vital that the presentation of this Manifesto to the media will generate even more support from more urban poor organizations and bring as many stake-holders together and speak with one voice through one Manifesto.
The task is, by far, not over. From the hundreds here this morning, we have to gather thousands and thousands more. Remember that the strength is not just in the numbers. It must be in organized numbers.
There are many critical contributions that must follow for this campaign to succeed. Since the local government is a critical part in the process of demolitions and evictions, their positive action is key to our campaign. It is not enough that we invite representatives of the local government to attend our forums on illegal demolitions. Hindi sapat na sabihin nila na alam nila ang mga hinanakit ng mga impormal na nananahanan. Hindi rin sapat na alam nila na may problema sa implementasyon ng UDHA. Hindi sapat na sasabihin ng MMDA na sumusunod lang sila sa isang resolusyon ng Metro Manila Council. Sa panig naman ng mga LGUs, PCUP at NHA, hindi sapat na panay ang bintang nila sa MMDA. Nangangailangan na ng aksyon sa pamamagitan ng mga local legislation at ordinansya na ipinagbabawal ng di-makatarungang demolisyon. Having said this, it is extremely important now to foster cooperation between organized urban poor groups and the various mayors. Before the passage of any amended law on the UDHA, the local government units must be on-board and supportive of alternatives to forced evictions and proactively preventing illegal demolitions.
In addition, the contribution of the media in disseminating our cause is key. Today's event is intended to generate media interest. However, the campaign is far from over and media coverage must be sustained over the course of our struggle to bring about just and humane solutions to the urban housing problem. All the more, the efforts of the UPA and other groups have to be coordinated and organized, in order to sustain a public relations campaign. As with other human rights issues that occupy the front pages of the news, this campaign must gather enough momentum to find its way onto the newspapers and evening news. It must not stop until both the local and national government fulfill the promises of the UDHA and Constitution.
At the moment, we are witnessing some progress in the fight against unjust and inhumane evictions. In finding other allies in government, the efforts of both the Commission and the urban poor groups have been recognized by the Supreme Court no less. This is a very important development especially since there has hardly been any declared support from the Executive Branch and LGUs, and Legislative support, spearheaded by Senator Aquino will take time before an Amended UDHA can be passed. The Chief Justice, however, is already exploring the possibility of amending the Writ of Amparo to extend to the protection of economic, social and cultural rights, and thus the same writ intended to protect victims of extralegal killings and enforced disappearances may soon protect victims of illegal demolitions and forced evictions as well.
The gains are still small, but they are promising. What we need now is not so much a show of anger or dissidence or violence, but sobriety. We need to be very deliberate in our efforts to gain the cooperation of key sectors of government and civil society. We need to be calculating in our managing of our resources and networks in sustaining media coverage. We need to contribute, with earnest effort, to find alternatives to forced evictions in order to suggest solutions to the government authorities, instead of expecting them to devise their own solutions. In all, our campaign must not be driven by anger, but by soberness. We will attain the justice for all informal settlers not by indignation, but with clarity of thought.
Nang mabasa ko ang Manifesto,napansin ko na may pagkakatulad ito sa aming mungkahi para sa aming kampanya laban sa ilegal na demolisyon. Sa panawagan ninyo para sa moratorium sa demolisyon at sapilitang ebiksyon, imumungkahi ko sa Commission En Banc na magpalabas ng resolusyon ukol dito.
Ipagdasal natin na makakamit natin ang mga hangarin ng ating Manifesto at ang ating layunin ng ating pakikibaka. Ipagdasal din natin na mananatiling matatag ang loob ng mga lahat ng nagbubuhos ng pawis at dugo para sumulong ang kampanya natin na makamtam ang tunay na justisya para sa mga maralitang komunidad. Nawa'y maging tunay na makatao at makatarungan ang ating lipunan.
Maraming salamat po.
References: ADVISORY ON THE CONDUCT OF FORCED EVICTIONS AND HOUSE DEMOLITIONS
Urban Poor Stages Rally to Support CHR De Lima and Call for Moratorium on Evictions
NEWS RELEASE
02 September 2008
Urban Poor Stages Rally to Support CHR De Lima and Call for Moratorium on Evictions
Some 500 urban poor people staged a demonstration rally this morning from the National Housing Authority in Quezon Circle to the Commission on Human Rights compound in Diliman to show their support for its current Chairperson Leila de Lima’s fight against human rights violations by the Metro Manila Development Authority (MMDA) in its clearing operations of sidewalk vendors and informal settlers and to jointly call for a moratorium on evictions.
The group, the Task Force Anti-Eviction, an alliance of urban poor in Metro Manila, depicted MMDA’s Chairman Bayani “BF” Fernando as “Satan”, a person masked with BF face complete with “devil’s horn and tail” in a fight with the “Angel” Saint Michael, represented by a woman with the face of CHR Chairwoman Leila de Lima. The group spokesperson, Presilda Juanich of Navotas, praised De Lima and assailed Chairman Fernando. “Chairwoman Leila de Lima is an angel sent from heaven for us, the urban poor, in her courageous stand against human rights violations, while BF, the undisputed “berdugo ng maralita” is Satan personified”, she said.
The Commission on Human Rights is currently investigating the Metropolitan Manila Development Authority in its conduct in evicting poor families from their dwellings due to complains from various urban poor organizations in Metro Manila. The Task Force Anti-Eviction stated that they documented and submitted to the CHR eight cases of violent demolitions conducted by the MMDA, in R-10 Navotas, Manila Estero, Pasay Estero, Quirino Bridge in South Super-Highway, Quaipo, Balintawak Market, Tatalon Quezon City, and Pasig City that affected more than 2,000 families. Majority of the evicted families are still living literally on the streets as no relocation was provided.
The government is set to demolish more than 300,000 families in Metro Manila because of its infrastructure projects and the Metro Gwapo project of the MMDA. From this, more than 70,000 families are living along the esteros whose majority is in Quezon City, Manila and Pasay City set to be cleared by the MMDA without the capacity to provide relocation.
Aside from the call for a moratorium to demolition, the Task Force Anti-Eviction in a Manifesto, presented to Chairwoman Leila de Lima a 10 point agenda that ask for the strict compliance of the procedures in eviction as stated by law, put a stop on treating informal settlers as “nuisance”, and for the Commission to require government officials to undergo seminars on human rights, among others. The group is also calling for the amendment of the Urban Development and Housing Act to strengthen the law against “callous” officials like Bayani Fernando.
Task Force Anti-Eviction
c/o COPE-COM-UPA 27 Ignacio Diaz St. Cubao, Quezon City
Contact: Soti Sabarre 09103916128 / 723-74-20
02 September 2008
Urban Poor Stages Rally to Support CHR De Lima and Call for Moratorium on Evictions
Some 500 urban poor people staged a demonstration rally this morning from the National Housing Authority in Quezon Circle to the Commission on Human Rights compound in Diliman to show their support for its current Chairperson Leila de Lima’s fight against human rights violations by the Metro Manila Development Authority (MMDA) in its clearing operations of sidewalk vendors and informal settlers and to jointly call for a moratorium on evictions.
The group, the Task Force Anti-Eviction, an alliance of urban poor in Metro Manila, depicted MMDA’s Chairman Bayani “BF” Fernando as “Satan”, a person masked with BF face complete with “devil’s horn and tail” in a fight with the “Angel” Saint Michael, represented by a woman with the face of CHR Chairwoman Leila de Lima. The group spokesperson, Presilda Juanich of Navotas, praised De Lima and assailed Chairman Fernando. “Chairwoman Leila de Lima is an angel sent from heaven for us, the urban poor, in her courageous stand against human rights violations, while BF, the undisputed “berdugo ng maralita” is Satan personified”, she said.
The Commission on Human Rights is currently investigating the Metropolitan Manila Development Authority in its conduct in evicting poor families from their dwellings due to complains from various urban poor organizations in Metro Manila. The Task Force Anti-Eviction stated that they documented and submitted to the CHR eight cases of violent demolitions conducted by the MMDA, in R-10 Navotas, Manila Estero, Pasay Estero, Quirino Bridge in South Super-Highway, Quaipo, Balintawak Market, Tatalon Quezon City, and Pasig City that affected more than 2,000 families. Majority of the evicted families are still living literally on the streets as no relocation was provided.
The government is set to demolish more than 300,000 families in Metro Manila because of its infrastructure projects and the Metro Gwapo project of the MMDA. From this, more than 70,000 families are living along the esteros whose majority is in Quezon City, Manila and Pasay City set to be cleared by the MMDA without the capacity to provide relocation.
Aside from the call for a moratorium to demolition, the Task Force Anti-Eviction in a Manifesto, presented to Chairwoman Leila de Lima a 10 point agenda that ask for the strict compliance of the procedures in eviction as stated by law, put a stop on treating informal settlers as “nuisance”, and for the Commission to require government officials to undergo seminars on human rights, among others. The group is also calling for the amendment of the Urban Development and Housing Act to strengthen the law against “callous” officials like Bayani Fernando.
Task Force Anti-Eviction
c/o COPE-COM-UPA 27 Ignacio Diaz St. Cubao, Quezon City
Contact: Soti Sabarre 09103916128 / 723-74-20
Monday, September 1, 2008
MANIFESTO
KAMING mga MARALITANG KOMUNIDAD SA LUNGSOD, ay saksi at dumanas ng di-makatao at mapanghamak na gawi ng MMDA, iba pang ahensiya ng pamahalaan at ibang lokal na pamahalaan sa tuwing may demolisyon at ebiksyon na isinasagawa na tahasang salungat sa itinakda ng ating Saligang Batas, batas na sinang-ayunan partikular ang UDHA at mga pandaigdigang kasunduan kung saan ang Pilipinas ay lumagda. Nagtutulak ito sa amin – mga kababaihan, kabataan at nakatatanda – sa kalsada lantad sa lahat ng porma ng pang-aabuso, inagawan ng aming mga pag-aari at, pinakamasama, hinubaran ng dignidad bilang tao.
Sa pagsasagawa ng mga kasamaang ito, pinoprotektahan nila ang kanilang mga sarili ng kadahilanan na ang kanilang isinasakatuparan ay para sa kapakanan at kaunlaran tungo sa ikabubuti ng nakararami. Samantalang, kaming mga maralitang komunidad sa lungsod ay tao rin na ginagarantiyahan ng mga batayang karapatan – sa sapat na proseso, karapatan sa pagmamay-ari, karapatan na hindi makaranas ng anumang anyo ng pang-aabuso at karapatan na magkaroon ng disenteng pabahay. Ang kabutihan para sa nakararami ay dapat isinasama ang karapatang pantao ng bawat isa. Hindi tayo makakapagbuo ng isang disenteng lipunan sa paglabag ng karapatan ng mga mahihina.
Hindi kami dapat ipinalalagay na panggulo o problema, sa halip ay bahagi ng kaunlaran ng bansa. Kung anumang kabutihan mayroon na hinahangad ang pamahalaan, hindi ito dapat lumalabag sa batas o yumuyurak sa mga karapatang pantao.
Upang alisin ang lahat ng mga nakagugulong bahagi sa pagpapatupad ng UDHA, ang mga maralitang komunidad sa lungsod ay isinusulong ang mga mungkahing pagbabago sa kongreso at senado hinggil dito upang anuman ang itinataguyod ng batas na ito ay maisakatuparan.
1. Dapat isama ng UDHA ang malinaw na pagbabago sa “title 12” ng “Civil Code” sa nuisance, sa pagsasaad na kung ang sasailalim ay mga tirahan ng mga di pormal na nananahan, ang seksyon 27 at 28 ng UDHA at ang IRR ang dapat na gamitin sa halip na ang probisyon sa “Civil Code.”
2. Ang hangganang panahon na 1992 ay dapat na alisin. Ang mga lokal na pamahalaan ay hindi sumunod sa batas na paglalaan ng lupa para sa pabahay ng mga maralita at hindi nagawang ilikas ang mga di pormal na nananahan sa lungsod sa loob ng dalawang taon tulad ng iniuutos ng UDHA. Kinakailangan ang bagong paraan ng pagtatakda ng hangganang panahon sa sa bawat demolisyon. Iminumungkahi na magsagawa ng census sa lugar na may nakatakdang demolisyon kung mayroon nang nakahandang relokasyon. Ang lahat ng nasa census, kasama ang mga umuupa at nakikitira, ay benepisyaryo.
3. Dapat na tahasang ilahad ng UDHA na ang di pagsasagawa ng lokal na pamahalaan sa census ay inilalagay na ang sinuman na magkakaroon ng ebiksyon at demolisyon sa ilalim ng UDHA ay awtomatikong dapat na makatanggap ng mga benepisyo ng relokasyon. Dagdag pa, ang hindi pagsasagawa niyan sa bahagi ng lokal na pamahalaan ay nagpipigil sa pagpapatupad ng biglaang ebiksyon sa ilalim ng IRR.
4. Ang UDHA ay dapat na banggitin ang mga opisyal at kinatawan ng pamahalaan na dapat na naroroon sa lahat ng panahon sa buong durasyon ng aktwal na ebiksyon o demolisyon. Dagdag pa, dapat na banggitin na ang lokal na pamahalaan ang siyang pinunong ahensiya na mangunguna at magsasagawa ng demolsiyon.
5. Dapat na nakasaad sa UDHA na maglaan ng pera sa “summary adjudicatory court procedures” (espesyal na proseso ng korte) na maaaring mag-utos na may layon na masagot ang mga di pormal na nanahaan laban sa pang-aabuso ng mga lokal na alkalde at iba pang mga opisyal ng pamahalaan na sangkot sa isinagawang iligal na demolisyon.
6. Mahigpit na ipatupad ang Seksyon 28 ng UDHA bago ang pagpapatupad ng demolisyon. Ang mga opisyal ng pamahalaan ay dapat na parusahan kung ang lahat ng hinihingi sa ilalim ng Seksyon 28 ng UDHA ay hindi istriktong ipinatutupad.
7. Mayroon dapat mga konsultasyon sa komunidad sa layunin ng paghahanda sa mga di pormal na nananahan para sa ebiksyon at demolisyon. Dapat na bigyang ng pagkakataon na magmungkahi ang mga apektadong pamilya ng mga alternatibong relokasyon at dapat ding kilalanin ang mga alternatibong plano ng mga tao.
8. Dapat magsagawa ng mga pagpapaliwanag sa batas upang masiguro na ang mga naninirahan sa komunidad na nakalaan sa demolisyon ay alam ang kanilang mga karapatan at kaparaanan partikular sa ilalim ng UDHA. Magtalaga ng ahensiya ng pamahalaan na magsasagawa nito.
9. Bago ang pagsasagawa ng ebiksyon ang mga kasapi ng grupo ng demolisyon ay dapat na dumaan sa isang seminar sa karapatang pantao o pagbabalik-aral para sa karapatang pantao.
10. Dapat magtukoy ng paraan para masiguro na may relokasyon ang mga pamilyang pinalikas dahilan s autos ng korte sa mga lupang pribado.
IPAGLABAN ANG ATING MGA KARAPATAN!
HANGGANG HINDI NAISASAKATUPARAN ANG MGA HAKBANG NA ITO DAPAT MAGKAROON NG PAGPAPATIGIL SA LAHAT NG DEMOLISYON SA LUPA NG PAMAHALAAN!
TASK FORCE ANTI-EVICTION
Sa pagsasagawa ng mga kasamaang ito, pinoprotektahan nila ang kanilang mga sarili ng kadahilanan na ang kanilang isinasakatuparan ay para sa kapakanan at kaunlaran tungo sa ikabubuti ng nakararami. Samantalang, kaming mga maralitang komunidad sa lungsod ay tao rin na ginagarantiyahan ng mga batayang karapatan – sa sapat na proseso, karapatan sa pagmamay-ari, karapatan na hindi makaranas ng anumang anyo ng pang-aabuso at karapatan na magkaroon ng disenteng pabahay. Ang kabutihan para sa nakararami ay dapat isinasama ang karapatang pantao ng bawat isa. Hindi tayo makakapagbuo ng isang disenteng lipunan sa paglabag ng karapatan ng mga mahihina.
Hindi kami dapat ipinalalagay na panggulo o problema, sa halip ay bahagi ng kaunlaran ng bansa. Kung anumang kabutihan mayroon na hinahangad ang pamahalaan, hindi ito dapat lumalabag sa batas o yumuyurak sa mga karapatang pantao.
Upang alisin ang lahat ng mga nakagugulong bahagi sa pagpapatupad ng UDHA, ang mga maralitang komunidad sa lungsod ay isinusulong ang mga mungkahing pagbabago sa kongreso at senado hinggil dito upang anuman ang itinataguyod ng batas na ito ay maisakatuparan.
1. Dapat isama ng UDHA ang malinaw na pagbabago sa “title 12” ng “Civil Code” sa nuisance, sa pagsasaad na kung ang sasailalim ay mga tirahan ng mga di pormal na nananahan, ang seksyon 27 at 28 ng UDHA at ang IRR ang dapat na gamitin sa halip na ang probisyon sa “Civil Code.”
2. Ang hangganang panahon na 1992 ay dapat na alisin. Ang mga lokal na pamahalaan ay hindi sumunod sa batas na paglalaan ng lupa para sa pabahay ng mga maralita at hindi nagawang ilikas ang mga di pormal na nananahan sa lungsod sa loob ng dalawang taon tulad ng iniuutos ng UDHA. Kinakailangan ang bagong paraan ng pagtatakda ng hangganang panahon sa sa bawat demolisyon. Iminumungkahi na magsagawa ng census sa lugar na may nakatakdang demolisyon kung mayroon nang nakahandang relokasyon. Ang lahat ng nasa census, kasama ang mga umuupa at nakikitira, ay benepisyaryo.
3. Dapat na tahasang ilahad ng UDHA na ang di pagsasagawa ng lokal na pamahalaan sa census ay inilalagay na ang sinuman na magkakaroon ng ebiksyon at demolisyon sa ilalim ng UDHA ay awtomatikong dapat na makatanggap ng mga benepisyo ng relokasyon. Dagdag pa, ang hindi pagsasagawa niyan sa bahagi ng lokal na pamahalaan ay nagpipigil sa pagpapatupad ng biglaang ebiksyon sa ilalim ng IRR.
4. Ang UDHA ay dapat na banggitin ang mga opisyal at kinatawan ng pamahalaan na dapat na naroroon sa lahat ng panahon sa buong durasyon ng aktwal na ebiksyon o demolisyon. Dagdag pa, dapat na banggitin na ang lokal na pamahalaan ang siyang pinunong ahensiya na mangunguna at magsasagawa ng demolsiyon.
5. Dapat na nakasaad sa UDHA na maglaan ng pera sa “summary adjudicatory court procedures” (espesyal na proseso ng korte) na maaaring mag-utos na may layon na masagot ang mga di pormal na nanahaan laban sa pang-aabuso ng mga lokal na alkalde at iba pang mga opisyal ng pamahalaan na sangkot sa isinagawang iligal na demolisyon.
6. Mahigpit na ipatupad ang Seksyon 28 ng UDHA bago ang pagpapatupad ng demolisyon. Ang mga opisyal ng pamahalaan ay dapat na parusahan kung ang lahat ng hinihingi sa ilalim ng Seksyon 28 ng UDHA ay hindi istriktong ipinatutupad.
7. Mayroon dapat mga konsultasyon sa komunidad sa layunin ng paghahanda sa mga di pormal na nananahan para sa ebiksyon at demolisyon. Dapat na bigyang ng pagkakataon na magmungkahi ang mga apektadong pamilya ng mga alternatibong relokasyon at dapat ding kilalanin ang mga alternatibong plano ng mga tao.
8. Dapat magsagawa ng mga pagpapaliwanag sa batas upang masiguro na ang mga naninirahan sa komunidad na nakalaan sa demolisyon ay alam ang kanilang mga karapatan at kaparaanan partikular sa ilalim ng UDHA. Magtalaga ng ahensiya ng pamahalaan na magsasagawa nito.
9. Bago ang pagsasagawa ng ebiksyon ang mga kasapi ng grupo ng demolisyon ay dapat na dumaan sa isang seminar sa karapatang pantao o pagbabalik-aral para sa karapatang pantao.
10. Dapat magtukoy ng paraan para masiguro na may relokasyon ang mga pamilyang pinalikas dahilan s autos ng korte sa mga lupang pribado.
IPAGLABAN ANG ATING MGA KARAPATAN!
HANGGANG HINDI NAISASAKATUPARAN ANG MGA HAKBANG NA ITO DAPAT MAGKAROON NG PAGPAPATIGIL SA LAHAT NG DEMOLISYON SA LUPA NG PAMAHALAAN!
TASK FORCE ANTI-EVICTION
Sunday, August 31, 2008
MEDIA ADVISORY : Urban Poor Set to March to CHR for Eviction Moratorium
Attention: News Editor, News Desk, Reporters and Photojournalists
MEDIA ADVISORY
Urban Poor Set to March to CHR for Eviction Moratorium
Five hundred urban poor people will march to the Commission on Human Rights (CHR) on Tuesday (September 2) to meet with CHR Chairperson Leila de Lima in order to discuss the moratorium on forced evictions until the laws governing evictions and relocation are clearly agreed upon by all government agencies and the people concerned.
The idea of such a moratorium was suggested by government officials and various people’s groups associated with the Task Force Anti-Eviction. The people agree it is necessary. Too many families are being evicted in violation of the law, the people say.
People from urban poor communities around Metro Manila will march towards CHR at 8:00 AM beginning in front of the National Housing Authority (NHA) office at the Elliptical Road in Quezon City.
Photo ops: People will have someone to impersonate MMDA Chairman Bayani Fernando as “the devil with horns and tails.” There will be a skit and hopefully agreement about the moratorium.
Assembly point: National Housing Authority, Elliptical Road, Q.C.
Date: September 2, 2008 (Tuesday)
Time: 8:00 AM – 11:00 AM
Venue: Commission on Human Rights (CHR), Commonwealth Avenue, UP Complex, Diliman, Q.C.
MEDIA ADVISORY
Urban Poor Set to March to CHR for Eviction Moratorium
Five hundred urban poor people will march to the Commission on Human Rights (CHR) on Tuesday (September 2) to meet with CHR Chairperson Leila de Lima in order to discuss the moratorium on forced evictions until the laws governing evictions and relocation are clearly agreed upon by all government agencies and the people concerned.
The idea of such a moratorium was suggested by government officials and various people’s groups associated with the Task Force Anti-Eviction. The people agree it is necessary. Too many families are being evicted in violation of the law, the people say.
People from urban poor communities around Metro Manila will march towards CHR at 8:00 AM beginning in front of the National Housing Authority (NHA) office at the Elliptical Road in Quezon City.
Photo ops: People will have someone to impersonate MMDA Chairman Bayani Fernando as “the devil with horns and tails.” There will be a skit and hopefully agreement about the moratorium.
Assembly point: National Housing Authority, Elliptical Road, Q.C.
Date: September 2, 2008 (Tuesday)
Time: 8:00 AM – 11:00 AM
Venue: Commission on Human Rights (CHR), Commonwealth Avenue, UP Complex, Diliman, Q.C.
Friday, August 29, 2008
THE RIGHT TO ADEQUATE HOUSING: THE LEGAL FIELD
Prepared by Atty. Michael Vincent S. Gaddi, Sentro ng Alternatibong Lingap Panligal (Saligan)
GENERAL STATE POLICIES
•Article 25 (1) UN Declaration of Human Rights:
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
•Article 11 (1) International Covenant on Economic, Social and Cultural Rights (ICESCR):
The states parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to continuous improvement of living conditions. The States parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.
•Section 9, Article XIII 1987 Philippine Constitution:
The State shall by law, and for the common good undertake, in cooperation of the private sector, a continuing program for urban land reform and housing which will make available at affordable cost, decent housing and basic services to the underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such programs, the State shall respect the rights of small property owners.
•Section 10, Article XIII 1987 Philippine Constitution:
Urban and rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be located.
THE RIGHT AGAINST FORCED EVICTIONS AND DEMOLITIONS
•Section 28, Urban Development Housing Act (UDHA):
Section 28 of the UDHA lays down the mandatory requirements for a just and humane eviction and demolition. Non compliance with any of the following requirements renders the eviction or demolition unlawful:
•Notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction or demolition;
•Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;
•Presence of local government officials or their representatives during eviction or demolition;
•Proper identification of all persons taking part in the demolition;
•Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;
•No use of heavy equipment for demolition except for structures that are permanent and of concrete materials;
•Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and
•Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order hall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily age multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned
•Executive Order No. 152 (2002) & Executive Order No. 708 (2008):
•To implement Section 28 of the UDHA, Executive Order No. 152 was passed in 2002 designating the Presidential Commission for the Urban Poor (PCUP) as the monitoring agency and sole clearing house for the conduct of demolition and eviction activities involving the homeless and underprivileged citizens
•Under the Executive Order, government agencies proposing to undertake demolition and eviction activities are required to secure first from either the PCUP Central Office (in case of national projects) or from the PCUP Regional Office (in case of regional or local projects) the checklist, guidelines, and compliance certificates on demolition and eviction prior to the actual implementation thereof and thereafter, submit to the PCUP the completed checklist, attested to under oath by the proponent.
•Executive Order No. 152 (2002) & Executive Order No. 708 (2008):
•However, due to the passage of Executive Order No. 708 (series of 2008), such clearing house task of the PCUP has now been devolved to the city or municipality having territorial jurisdiction over the demolition and eviction.
•EO 708 cites the established policy of local autonomy and decentralization as basis for such devolution. But before each city and municipality can take on the task as a clearing house, the executive order mandates that each city and municipality must first create, via an ordinance, its own local housing board (or any similar body) which will carry out the clearing house function of PCUP within its territorial jurisdiction.
•Repeal and Attempted Revival of the Anti-Squatting Law: House Bill No. 1087
•A proviso in HB 1087 states:
–Provided, that any person or group of persons who with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will, and having received a written demand to either vacate or pay rent from said landowner, shall refuse to do so within a period of ninety (90) days, shall be considered a professional squatter within the purview of Republic Act No. 7279.
•Repeal and Attempted Revival of the Anti-Squatting Law: House Bill No. 1087
•Section 1 of PD 772 states:
–Any person who, with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will for residential commercial or any other purposes, shall be punished by an imprisonment ranging from six months to one year or a fine of not less than one thousand nor more than five thousand pesos at the discretion of the court, with subsidiary imprisonment in case of insolvency.
•Repeal and Attempted Revival of the Anti-Squatting Law: House Bill No. 1087
•Recent Favorable Developments on HB 1087:
–Inputs of Technical Working Group (TWG) composed of various NGOs & NGAs were considered by the author and resulted in a Substitute Bill entitled “An Act to Institute Reforms in the Anti-Professional Squatters/Squatting Syndicates Drive of the Government, Strengthening the Mechanisms therfor, and for Other Purposes”
–
–This drastic change in the bill’s tenor proved to be a very fortunate turn of events for the urban poor sector for the attempt at reviving PD 772 had been thwarted.
•Blatant Violations by the Metro Manila Development Authority (MMDA) – Examining the Legality of MMDA Resolution No. 03-96 and MMDA Resolution No. 02-28
•MMDA Resolution No. 03-96:
–adopts a uniform easement provision along the Pasig River system including its tributaries, maintaining a linear park or service road at the minimum setback of ten meters (10 m.) from the existing shoreline, banks, or streams
–and three meters (3 m.) from the existing esteros and canals, without prejudice to the LGUs' prerogative to impose more stringent easement provisions."
•Blatant Violations by the Metro Manila Development Authority (MMDA) – Examining the Legality of MMDA Resolution No. 03-96 and MMDA Resolution No. 02-28
•MMDA Resolution No. 02-28
–seeks to clear the sidewalks, streets, avenues, alleys, bridges, parks and other public places in Metro Manila of all illegal structures and obstructions
–allowing the MMDA to clear and confiscate whatever effects as garbage
•Blatant Violations by the Metro Manila Development Authority (MMDA) – Examining the Legality of MMDA Resolution No. 03-96 and MMDA Resolution No. 02-28
•MMDA Resolutions No. 03-96 and 02-28 are invalid under the following arguments:
–The MMDA is a mere coordinating body NOT bestowed with any law making powers.
–The MMDA is NOT a local government unit possessing the delegated power to legislate in exercise of its police power. Its main task is just to lend a helping hand to cities and municipalities in the delivery of basic services.
–The resolutions violate the constitution, national laws (Civil Code, Water Code & UDHA), as well as international covenants (ICESCR)
LAWS & ISSUANCES AFFECTING HOUSING
•Presidential Proclamations: Executive Order No. 131 (s. 2002) and Memorandum Order No. 74 (s. 2002)
•Besides protecting the right against forced evictions and demolitions, the UDHA also upholds the right to adequate and affordable housing. As to what kind of lands can be subject to socialized housing, Section 4 of the UDHA states:
–SECTION 4. Coverage. — The Program shall cover all lands in urban and urbanizable areas, including existing areas for priority development sites, and in other areas that may be identified by the local government units as suitable for socialized housing
•Presidential Proclamations: Executive Order No. 131 (s. 2002) and Memorandum Order No. 74 (s. 2002)
•In relation to this, Section 5 states:
SECTION 5. Exemptions. — The following lands shall be exempt from the coverage of this Act:
(a) Those included in the coverage of Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law;
(b) Those actually used for national defense and security of the State;
(c) Those used, reserved or otherwise set aside for government offices, facilities and other installations, whether owned by the National Government, its agencies and instrumentalities, including government-owned or-controlled corporations, or by the local government units: Provided, however, That the lands herein mentioned, or portions thereof, which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of this Act, shall be covered by this Act;
(d) Those used or set aside for parks, reserves for flora and fauna, forests and watersheds, and other areas necessary to maintain ecological balance or environmental protection, as determined and certified to by the proper government agency; and
(e) Those actually and primarily used for religious, charitable, or educational purposes, cultural and historical sites, hospitals and health centers, and cemeteries or memorial parks.
The exemptions herein provided shall not apply when the use or purpose of the abovementioned lands has ceased to exist
•Presidential Proclamations: Executive Order No. 131 (s. 2002) and Memorandum Order No. 74 (s. 2002)
•The exemption in Section 5 refers to idle government lands, the purpose of which have been rendered nugatory owing to non-use for ten (10) years from the effectivity of the UDHA. Said government lands can be the subject of socialized housing and thus be distributed for such purpose. To distribute such lands for socialized housing, a presidential proclamation must first be issued by the President of the Philippines.
•To fully implement such UDHA mandate, two presidential issuances have been enacted -- Executive Order No. 131 (s. 2002) [EO 131] and Memorandum Order No. 74 (s. 2002) [MO 74]. In presidential proclamations for socialized housing, the basic idea is that if there are government lands which have become idle, based on the legal definition crafted in Section 5 of the UDHA, said lands may be identified, proclaimed, and thereafter distributed for socialized housing purposes to qualified beneficiaries.
•Aptly entitled “DECLARING OPEN TO DISPOSITION FOR SOCIALIZED HOUSING PURPOSES CERTAIN GOVERNMENT-OWNED LANDS DEFINED UNDER REPUBLIC ACT NO. 7279, OTHERWISE KNOWN AS THE URBAN DEVELOPMENT AND HOUSING ACT OD 1992, AND PROVIDING FOR DISPOSITION THEREOF”, the third whereas clause of EO 131 encapsulates its main objective:
•“WHEREAS, mass housing may be effected, among others, through the regularization of land tenure of informal settlers on government-owned lands which have not been used for the purposes for which they have been reserved or set-aside for the past ten (10) years from the effectivity of the UDHA including government-owned idle lands and alienable lands of the public domain and are suitable for socialized housing;”
• Thus, EO 131 provides a veritable opportunity for informal settlers living on government-owned lands to gain security of tenure over the land on which their houses are built. However, EO 131 merely deals with what is called a “pre-proclamation phase” meaning that its main aim only covers the identification and preparation of the subject government lands, and not the actual distribution and disposition of the same. To address this issue of distribution and disposition of proclaimed lands, MO 74 was likewise issued to compliment EO 131.
•MO 74 appoints the Housing and Urban Development Coordinating Council (HUDCC) as the lead government agency to realize the distribution and disposition of proclaimed government lands. Such task is of course in coordination with other relevant government agencies as well as the local government units where the subject land is located. As clearly stated in Section 1 of MO 74:
•“SECTION 1. The Housing and Urban Development Coordinating Council (HUDCC) shall confer with the Local Government Unit (LGU), within fifteen (15) days from the issuance of the Presidential Proclamation, for the purpose of facilitating and expediting the conduct of post-proclamation activities necessary to dispose of the proclaimed site to their actual bona fide occupants, to the end that these informal settlers are finally granted the titles to the lands they are occupying at the earliest possible time and in order that these lands are developed as a viable community through participatory planning and utilization of appropriate development schemes.”
•Executive Order No. 272 (s. 2004)
•It cannot be gainsaid how the government’s Community Mortgage Program (CMP) has immensely assisted numerous urban poor home owner associations (HOAs) in obtaining security of tenure over the land on which they were once considered as “squatters”. Originally implemented by the National Home Mortgage Finance Corporation (NHMFC), the program works to ease the HOAs’ burdens in paying for their purchased land with friendly terms and conditions.
•With Executive Order No. 272 (EO 272), the NHMFC has been mandated to create a subsidiary corporation which will focus exclusively on implementing the government’s Community Mortgage Program, because pursuant to its charter, the NHMFC is not the one officially tasked to implement the Community Mortgage Program. Thus, the Social Housing Finance Corporation (SHFC) was created via EO 272 to be the exclusive implementor of the government’s Community Mortgage Program.
•Proposed Legislation Relevant to Land Use and Land Distribution: the National Land Use Act (NLUA) and the Local Housing Board Law (LHB) [NOTE: both proposed measures are still pending in either the Senate or House]
•The National Land Use Act (NLUA) envisages a method by which land use may be planned at the national level. However, it is pertinent to consider the reasons why there should be land planning at any level. Indeed, while many Local Government Units (LGUs) have produced comprehensive land use plans, these are not a requirement. Under Article 13, section 1 of the Constitution, the state reserves the rights to regulate and to dispose of land. Similarly, under Article 12, section 6 of the Constitution, it is recognized that the state can interfere with private ownership for the common good. These provisions acknowledge that private interests over land can never be absolute and conversely that land has an existence independent of its private owners. One main reason for this is that the use of land affects not only its present users but also the land surrounding it and land’s future users.
•Proposed Legislation Relevant to Land Use and Land Distribution: the National Land Use Act (NLUA) and the Local Housing Board Law (LHB) [NOTE: both proposed measures are still pending in either the Senate or House]
•Local housing boards are local special bodies tasked to formulate, develop, implement, and monitor policies on the provision for housing and resettlement areas, and on the observance of the right of the underprivileged and homeless to a just and humane eviction and demolition.
•Local housing boards bring together two salient mandates in the Article on Social Justice and Human Rights, to wit: the undertaking to establish a continuing program of urban land reform and housing and to respect the right of urban or rural poor dwellers to be evicted in a just and humane manner, and the observance of the right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making.
GENERAL STATE POLICIES
•Article 25 (1) UN Declaration of Human Rights:
Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
•Article 11 (1) International Covenant on Economic, Social and Cultural Rights (ICESCR):
The states parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to continuous improvement of living conditions. The States parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.
•Section 9, Article XIII 1987 Philippine Constitution:
The State shall by law, and for the common good undertake, in cooperation of the private sector, a continuing program for urban land reform and housing which will make available at affordable cost, decent housing and basic services to the underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such programs, the State shall respect the rights of small property owners.
•Section 10, Article XIII 1987 Philippine Constitution:
Urban and rural poor dwellers shall not be evicted nor their dwellings demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be located.
THE RIGHT AGAINST FORCED EVICTIONS AND DEMOLITIONS
•Section 28, Urban Development Housing Act (UDHA):
Section 28 of the UDHA lays down the mandatory requirements for a just and humane eviction and demolition. Non compliance with any of the following requirements renders the eviction or demolition unlawful:
•Notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction or demolition;
•Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;
•Presence of local government officials or their representatives during eviction or demolition;
•Proper identification of all persons taking part in the demolition;
•Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;
•No use of heavy equipment for demolition except for structures that are permanent and of concrete materials;
•Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and
•Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order hall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily age multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned
•Executive Order No. 152 (2002) & Executive Order No. 708 (2008):
•To implement Section 28 of the UDHA, Executive Order No. 152 was passed in 2002 designating the Presidential Commission for the Urban Poor (PCUP) as the monitoring agency and sole clearing house for the conduct of demolition and eviction activities involving the homeless and underprivileged citizens
•Under the Executive Order, government agencies proposing to undertake demolition and eviction activities are required to secure first from either the PCUP Central Office (in case of national projects) or from the PCUP Regional Office (in case of regional or local projects) the checklist, guidelines, and compliance certificates on demolition and eviction prior to the actual implementation thereof and thereafter, submit to the PCUP the completed checklist, attested to under oath by the proponent.
•Executive Order No. 152 (2002) & Executive Order No. 708 (2008):
•However, due to the passage of Executive Order No. 708 (series of 2008), such clearing house task of the PCUP has now been devolved to the city or municipality having territorial jurisdiction over the demolition and eviction.
•EO 708 cites the established policy of local autonomy and decentralization as basis for such devolution. But before each city and municipality can take on the task as a clearing house, the executive order mandates that each city and municipality must first create, via an ordinance, its own local housing board (or any similar body) which will carry out the clearing house function of PCUP within its territorial jurisdiction.
•Repeal and Attempted Revival of the Anti-Squatting Law: House Bill No. 1087
•A proviso in HB 1087 states:
–Provided, that any person or group of persons who with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will, and having received a written demand to either vacate or pay rent from said landowner, shall refuse to do so within a period of ninety (90) days, shall be considered a professional squatter within the purview of Republic Act No. 7279.
•Repeal and Attempted Revival of the Anti-Squatting Law: House Bill No. 1087
•Section 1 of PD 772 states:
–Any person who, with the use of force, intimidation or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will for residential commercial or any other purposes, shall be punished by an imprisonment ranging from six months to one year or a fine of not less than one thousand nor more than five thousand pesos at the discretion of the court, with subsidiary imprisonment in case of insolvency.
•Repeal and Attempted Revival of the Anti-Squatting Law: House Bill No. 1087
•Recent Favorable Developments on HB 1087:
–Inputs of Technical Working Group (TWG) composed of various NGOs & NGAs were considered by the author and resulted in a Substitute Bill entitled “An Act to Institute Reforms in the Anti-Professional Squatters/Squatting Syndicates Drive of the Government, Strengthening the Mechanisms therfor, and for Other Purposes”
–
–This drastic change in the bill’s tenor proved to be a very fortunate turn of events for the urban poor sector for the attempt at reviving PD 772 had been thwarted.
•Blatant Violations by the Metro Manila Development Authority (MMDA) – Examining the Legality of MMDA Resolution No. 03-96 and MMDA Resolution No. 02-28
•MMDA Resolution No. 03-96:
–adopts a uniform easement provision along the Pasig River system including its tributaries, maintaining a linear park or service road at the minimum setback of ten meters (10 m.) from the existing shoreline, banks, or streams
–and three meters (3 m.) from the existing esteros and canals, without prejudice to the LGUs' prerogative to impose more stringent easement provisions."
•Blatant Violations by the Metro Manila Development Authority (MMDA) – Examining the Legality of MMDA Resolution No. 03-96 and MMDA Resolution No. 02-28
•MMDA Resolution No. 02-28
–seeks to clear the sidewalks, streets, avenues, alleys, bridges, parks and other public places in Metro Manila of all illegal structures and obstructions
–allowing the MMDA to clear and confiscate whatever effects as garbage
•Blatant Violations by the Metro Manila Development Authority (MMDA) – Examining the Legality of MMDA Resolution No. 03-96 and MMDA Resolution No. 02-28
•MMDA Resolutions No. 03-96 and 02-28 are invalid under the following arguments:
–The MMDA is a mere coordinating body NOT bestowed with any law making powers.
–The MMDA is NOT a local government unit possessing the delegated power to legislate in exercise of its police power. Its main task is just to lend a helping hand to cities and municipalities in the delivery of basic services.
–The resolutions violate the constitution, national laws (Civil Code, Water Code & UDHA), as well as international covenants (ICESCR)
LAWS & ISSUANCES AFFECTING HOUSING
•Presidential Proclamations: Executive Order No. 131 (s. 2002) and Memorandum Order No. 74 (s. 2002)
•Besides protecting the right against forced evictions and demolitions, the UDHA also upholds the right to adequate and affordable housing. As to what kind of lands can be subject to socialized housing, Section 4 of the UDHA states:
–SECTION 4. Coverage. — The Program shall cover all lands in urban and urbanizable areas, including existing areas for priority development sites, and in other areas that may be identified by the local government units as suitable for socialized housing
•Presidential Proclamations: Executive Order No. 131 (s. 2002) and Memorandum Order No. 74 (s. 2002)
•In relation to this, Section 5 states:
SECTION 5. Exemptions. — The following lands shall be exempt from the coverage of this Act:
(a) Those included in the coverage of Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law;
(b) Those actually used for national defense and security of the State;
(c) Those used, reserved or otherwise set aside for government offices, facilities and other installations, whether owned by the National Government, its agencies and instrumentalities, including government-owned or-controlled corporations, or by the local government units: Provided, however, That the lands herein mentioned, or portions thereof, which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years from the effectivity of this Act, shall be covered by this Act;
(d) Those used or set aside for parks, reserves for flora and fauna, forests and watersheds, and other areas necessary to maintain ecological balance or environmental protection, as determined and certified to by the proper government agency; and
(e) Those actually and primarily used for religious, charitable, or educational purposes, cultural and historical sites, hospitals and health centers, and cemeteries or memorial parks.
The exemptions herein provided shall not apply when the use or purpose of the abovementioned lands has ceased to exist
•Presidential Proclamations: Executive Order No. 131 (s. 2002) and Memorandum Order No. 74 (s. 2002)
•The exemption in Section 5 refers to idle government lands, the purpose of which have been rendered nugatory owing to non-use for ten (10) years from the effectivity of the UDHA. Said government lands can be the subject of socialized housing and thus be distributed for such purpose. To distribute such lands for socialized housing, a presidential proclamation must first be issued by the President of the Philippines.
•To fully implement such UDHA mandate, two presidential issuances have been enacted -- Executive Order No. 131 (s. 2002) [EO 131] and Memorandum Order No. 74 (s. 2002) [MO 74]. In presidential proclamations for socialized housing, the basic idea is that if there are government lands which have become idle, based on the legal definition crafted in Section 5 of the UDHA, said lands may be identified, proclaimed, and thereafter distributed for socialized housing purposes to qualified beneficiaries.
•Aptly entitled “DECLARING OPEN TO DISPOSITION FOR SOCIALIZED HOUSING PURPOSES CERTAIN GOVERNMENT-OWNED LANDS DEFINED UNDER REPUBLIC ACT NO. 7279, OTHERWISE KNOWN AS THE URBAN DEVELOPMENT AND HOUSING ACT OD 1992, AND PROVIDING FOR DISPOSITION THEREOF”, the third whereas clause of EO 131 encapsulates its main objective:
•“WHEREAS, mass housing may be effected, among others, through the regularization of land tenure of informal settlers on government-owned lands which have not been used for the purposes for which they have been reserved or set-aside for the past ten (10) years from the effectivity of the UDHA including government-owned idle lands and alienable lands of the public domain and are suitable for socialized housing;”
• Thus, EO 131 provides a veritable opportunity for informal settlers living on government-owned lands to gain security of tenure over the land on which their houses are built. However, EO 131 merely deals with what is called a “pre-proclamation phase” meaning that its main aim only covers the identification and preparation of the subject government lands, and not the actual distribution and disposition of the same. To address this issue of distribution and disposition of proclaimed lands, MO 74 was likewise issued to compliment EO 131.
•MO 74 appoints the Housing and Urban Development Coordinating Council (HUDCC) as the lead government agency to realize the distribution and disposition of proclaimed government lands. Such task is of course in coordination with other relevant government agencies as well as the local government units where the subject land is located. As clearly stated in Section 1 of MO 74:
•“SECTION 1. The Housing and Urban Development Coordinating Council (HUDCC) shall confer with the Local Government Unit (LGU), within fifteen (15) days from the issuance of the Presidential Proclamation, for the purpose of facilitating and expediting the conduct of post-proclamation activities necessary to dispose of the proclaimed site to their actual bona fide occupants, to the end that these informal settlers are finally granted the titles to the lands they are occupying at the earliest possible time and in order that these lands are developed as a viable community through participatory planning and utilization of appropriate development schemes.”
•Executive Order No. 272 (s. 2004)
•It cannot be gainsaid how the government’s Community Mortgage Program (CMP) has immensely assisted numerous urban poor home owner associations (HOAs) in obtaining security of tenure over the land on which they were once considered as “squatters”. Originally implemented by the National Home Mortgage Finance Corporation (NHMFC), the program works to ease the HOAs’ burdens in paying for their purchased land with friendly terms and conditions.
•With Executive Order No. 272 (EO 272), the NHMFC has been mandated to create a subsidiary corporation which will focus exclusively on implementing the government’s Community Mortgage Program, because pursuant to its charter, the NHMFC is not the one officially tasked to implement the Community Mortgage Program. Thus, the Social Housing Finance Corporation (SHFC) was created via EO 272 to be the exclusive implementor of the government’s Community Mortgage Program.
•Proposed Legislation Relevant to Land Use and Land Distribution: the National Land Use Act (NLUA) and the Local Housing Board Law (LHB) [NOTE: both proposed measures are still pending in either the Senate or House]
•The National Land Use Act (NLUA) envisages a method by which land use may be planned at the national level. However, it is pertinent to consider the reasons why there should be land planning at any level. Indeed, while many Local Government Units (LGUs) have produced comprehensive land use plans, these are not a requirement. Under Article 13, section 1 of the Constitution, the state reserves the rights to regulate and to dispose of land. Similarly, under Article 12, section 6 of the Constitution, it is recognized that the state can interfere with private ownership for the common good. These provisions acknowledge that private interests over land can never be absolute and conversely that land has an existence independent of its private owners. One main reason for this is that the use of land affects not only its present users but also the land surrounding it and land’s future users.
•Proposed Legislation Relevant to Land Use and Land Distribution: the National Land Use Act (NLUA) and the Local Housing Board Law (LHB) [NOTE: both proposed measures are still pending in either the Senate or House]
•Local housing boards are local special bodies tasked to formulate, develop, implement, and monitor policies on the provision for housing and resettlement areas, and on the observance of the right of the underprivileged and homeless to a just and humane eviction and demolition.
•Local housing boards bring together two salient mandates in the Article on Social Justice and Human Rights, to wit: the undertaking to establish a continuing program of urban land reform and housing and to respect the right of urban or rural poor dwellers to be evicted in a just and humane manner, and the observance of the right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making.
iWitness: Pier 16
08/19/2008 | 12:06 AM
They move from one place to another, rain or shine, they bring along their families cramped in a trailer van. This August, Kara David bears witness to the life of trailer van assistants.
Assistants to trailer van drivers or pahinantes usually travel from city to province taking with them family members. They reside in a trailer van with address at Pier 16! Just like a typical house, the trailer has facilities too. The van's chassis becomes their basement, the road serves as their kitchen, and nearby drainage functions as their toilet.
Pahinantes are modern-day Filipino nomads that reflect the country's poverty. Evelyn brings her child every week to the hospital due to persistent coughs and colds while Leonard studies under the pier's lamp post. Everyday, they scramble up the pier's fence to avoid getting caught by guards.
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Palipat-lipat ng lugar, karay-karay ang buong pamilya, umulan man o umaraw, nagsisiksikan sa iisang trailer van. Ngayong Agosto, ang buhay ng mga pahinante ang susundan ni Kara David.
Bumabiyahe ang mga pahinante mula lungsod hanggang lalawigan angkas ang buong mag-anak. Sa trailer van na sila nakatira, at ang kanilang address -- Pier 16! Itinuturing na nila ang sasakyan na kanilang mansyon kung saan dito na sila namumuhay. Ang chassis ng van ang siya nilang silong, ang kalsada ang kusina, at ang kalapit na estero sa pier ang palikuran.
Sila ang makabagong "nomadic" na Pinoy, ang salamin ng kahirapan sa Pilipinas. Si Leonard, pilit na nag-aaral sa ilaw ng poste ng pier. Si Evelyn naman, linggo-linggong dinadala ang anak sa ospital dahil sa pasakit na ubo at sipon. At araw-araw, sumasampa sila sa bakod ng pier makaiwas lang sa mga mata ng tagapagbabantay sa compound.
They move from one place to another, rain or shine, they bring along their families cramped in a trailer van. This August, Kara David bears witness to the life of trailer van assistants.
Assistants to trailer van drivers or pahinantes usually travel from city to province taking with them family members. They reside in a trailer van with address at Pier 16! Just like a typical house, the trailer has facilities too. The van's chassis becomes their basement, the road serves as their kitchen, and nearby drainage functions as their toilet.
Pahinantes are modern-day Filipino nomads that reflect the country's poverty. Evelyn brings her child every week to the hospital due to persistent coughs and colds while Leonard studies under the pier's lamp post. Everyday, they scramble up the pier's fence to avoid getting caught by guards.
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Palipat-lipat ng lugar, karay-karay ang buong pamilya, umulan man o umaraw, nagsisiksikan sa iisang trailer van. Ngayong Agosto, ang buhay ng mga pahinante ang susundan ni Kara David.
Bumabiyahe ang mga pahinante mula lungsod hanggang lalawigan angkas ang buong mag-anak. Sa trailer van na sila nakatira, at ang kanilang address -- Pier 16! Itinuturing na nila ang sasakyan na kanilang mansyon kung saan dito na sila namumuhay. Ang chassis ng van ang siya nilang silong, ang kalsada ang kusina, at ang kalapit na estero sa pier ang palikuran.
Sila ang makabagong "nomadic" na Pinoy, ang salamin ng kahirapan sa Pilipinas. Si Leonard, pilit na nag-aaral sa ilaw ng poste ng pier. Si Evelyn naman, linggo-linggong dinadala ang anak sa ospital dahil sa pasakit na ubo at sipon. At araw-araw, sumasampa sila sa bakod ng pier makaiwas lang sa mga mata ng tagapagbabantay sa compound.
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