EXECUTIVE ORDER NO. 129
EXECUTIVE ORDER NO. 129 -
ESTABLISHING AN INSTITUTIONAL MECHANISM TO CURTAIL THE ACTIVITIES OF
PROFESSIONAL SQUATTING SYNDICATES AND PROFESSIONAL SQUATTERS AND
INTENSIFYING THE DRIVE AGAINST THEM
WHEREAS, it is imperative to arrest
the proliferation of squatters in the urban areas, which is aggravated
by the activities of squatting syndicates;
WHEREAS, there is a need to effect the identification and registration
of the rightful beneficiaries of the Urban Development and Housing Act
(UDHA), who will be affected by the urgent infrastructure projects of
government as against professional squatters and squatting
syndicates;
WHEREAS, UDHA mandates the Local Government Units (LGUs), the
Department of Interior and Local Government (DILG), and the
Presidential Commission for the Urban Poor (PCUP) to identify and
effectively curtail the nefarious and illegal activities to
professional squatters and squatting syndicates, as well as to
implement relocation and resettlement procedures;
WHEREAS, there is a need to protect the rightful beneficiaries of the
UDHA from the squatter syndicates and professional squatters, who
continuously prey on and victimize the former by sowing disinformation,
collecting fees, and inflicting harassment;
WHEREAS, it is imperative to establish a mechanism that shall ensure
compliance with the provisions of the UDHA and its implementing rules
and regulations relative to demolition and eviction.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. Definition of Terms. —
In accordance with the Urban Development Housing Act of 1992 (RA 7279)
the following are hereby defined:
1.1
“Professional Squatters” refers to individuals or groups who occupy
lands without the express consent of the landowner and who have
sufficient income for legitimate housing. The term shall also apply to
persons, who have previously been awarded homelots or housing units by
the Government but who sold, leased or transferred the same and settled
illegally in the same place or in another urban area, and non-bona fide
occupants and intruders of lands reserved for socialized housing. The
term shall not apply to individuals or groups, who simply rent land and
housing from professional squatters or squatting syndicates.
1.2 Squatting
syndicates refers to groups of persons engaged in the illegal business
of squatter housing for profit or gain.
Sec. 2. Creation of Committee Against Squatting
Syndicates and Professional Squatters. —
2.1.
National Committee
2.1.1
A National Committee Against Squatting Syndicates and Professional
Squatters is hereby created composed of the following:
a.
Department of Interior and Local Government (DILG)
b. Housing and
Urban Development Coordinating Council (HUDCC)
c. Department
of Justice (DOJ)
d.
Presidential Commission for the Urban Poor (PCUP)
e. Philippine
National Police (PNP)
f. National
Bureau of Investigation (NBI)
g.
Representative of PCUP accredited National Urban Poor Organization
h.
Representative of a Non-Government Organization
DILG
shall be the Chairman, HUDCC as Co-Chairman, and the remaining agencies
as Members.
2.1.2
The Committee shall have the following functions:
a.
Oversee and coordinate government activities relative to the
intensified drive against professional squatters and squatting
syndicates.
b. Recommend
appropriate measures/actions to curtail the activities of professional
squatters and squatting syndicates.
c. Provide
assistance to local government units in the implementation of UDHA
provisions relative to squatting syndicates and professional squatters
and make available, through the PNP and DOJ, a consolidated list of
squatting syndicates and professional squatters.
d. Update the
Office of the President and submit reports thereof on the
implementation of this EO.
2.2.
Local Committee
2.2.1
All government units are hereby directed to create a Committee Against
Squatting Syndicates and Professional Squatters composed of the
following:
a.
The mayor of the concerned cities/municipalities with permanent
alternate;
b. The local
chief of PNP with permanent alternate;
c.
Representative of the PCUP with permanent alternate;
d. President
of the PCUP accredited urban poor organization with permanent
alternate; and
e. A
representative from the private sector who shall be chosen by the above
members.
2.2.2
The Committee shall have the following functions:
a.
Within 60 days from the effectivity of this Order, adopt the necessary
measures to identify and effectivity curtail the activities of
professional squatters and squatting syndicates, including the name of
public officials and/or private individuals or companies abetting or
tolerating the commission of the act;
b. Provide the
Housing and Urban Development Coordinating Council (HUDCC) and NHA
copies of identified squatting syndicates and professional squatters in
order to safeguard against their inclusion in future programs/projects
and recommend disqualification in existing programs.
c. Provide
legal assistance to victims of professional squatters/syndicates and
make available, through the PNP and DOJ, a consolidated list of
squatting syndicates and professional squatters;
d. File the
necessary charges before the court or Prosecutor’s Office;
e. Undertake
investigation in violation cases on demolition and eviction forwarded
to it and recommend appropriate actions on the same to the concerned
agencies.
f. Monitor
demolition and eviction activities; hence, it shall draw up and
establish its monitoring system;
g. Submit
reports to the National Committee Office of the President, copy-furnish
concerned agencies involved in the implementation of RA 7279; and
h. Call on any
government entities for assistance, if necessary.
Sec. 3. Action Against Offenders. —
3.1
The LGUs, upon the recommendation of their local committees, shall
summarily evict the offenders and demolish their dwelling structures.
3.2 The LGUs,
PCUP, and PNP shall monitor and implement Sec. 30 of Republic Act
No. 7279 regarding new illegal entrants, defined as those guilty of
squatting after the effectivity of said Act.
3.3 The
concerned agencies herein identified shall enforce Sec. 45 (Penalty
Clause) of Republic Act No. 7279 on new illegal entrants.
Sec. 4. Repealing. —
All executive orders, rules, regulations and other issuances or parts
thereof inconsistent with this Executive Order are hereby repealed or
accordingly modified.
Sec. 5. Effectivity Clause. —
This Executive Order shall take effect upon publication in a newspaper
of general circulation as provided by law.
DONE in the City of Manila,
this 15th day of October in the year of Our Lord, nineteen hundred and
ninety-three.
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