EXECUTIVE ORDER NO. 152
EXECUTIVE ORDER NO. 152 -
DESIGNATING THE PRESIDENTIAL COMMISSION FOR THE URBAN POOR AS THE SOLE
CLEARING HOUSE FOR THE CONDUCT OF DEMOLITION AND EVICTION ACTIVITIES
INVOLVING THE HOMELESS AND UNDERPRIVILEGED CITIZENS AND ESTABLISHING
FOR THE PURPOSE A MECHANISM TO ENSURE STRICT COMPLIANCE WITH THE
REQUIREMENTS OF JUST AND HUMANE DEMOLITION AND EVICTION UNDER THE URBAN
DEVELOPMENT AND HOUSING ACT OF 1992, AND FOR OTHER PURPOSES
WHEREAS,
Section 10 of Article XIII of the Constitution provides that “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”;
WHEREAS, pursuant to such constitutional mandate, Sec. 28 of
Republic Act No. 7279 or the Urban Development and Housing Act (UDHA)
of 1992 prescribes the instances where evictions may be undertaken as
well as imposes certain requirements that must be met for an eviction
involving homeless and underprivileged citizens to become valid;
WHEREAS, the provisions of the said law notwithstanding, it has been
observed that several evictions and demolitions affecting the homeless
and underprivileged citizens have been conducted in utter disregard of
the above legal requirements;
WHEREAS, there is an urgent need for the government to take steps to
ensure strict implementation of the said law and its related rules and
regulations and thus uphold the constitutionally guaranteed rights of
the disadvantaged sectors of the society; and
WHEREAS, Sec. 31, Chapter 10, Title III, Book III of Executive Order
No. 292 or the Administrative Code of 1987 provides for the continuing
authority of the President to reorganize the administrative structure
of the Office of the President.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in me by law and the
Constitution, do hereby order:
Section 1. Clearing House for Demolition and
Eviction. — The Presidential Commission for the Urban Poor (PCUP) is
hereby designated as the sole clearing house for the conduct of
demolition and eviction activities involving the homeless and
underprivileged citizens. In pursuit of its mandate under this Order,
the PCUP shall exercise, among others, the following powers and
functions:
1.
Monitor all evictions and demolitions, whether extra judicial or
court-ordered, involving homeless and underprivileged citizens;
2. Require the
concerned departments and agencies, including concerned local
government units (LGUs), proposing to undertake demolition and eviction
activities to secure first from either the PCUP Central Office (in the
case of national projects) or from the PCUP Regional Office (in the
case of regional or local projects) the checklists, 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 and indicating that:
a.
Adequate consultations with the affected families have already been
undertaken;
b. Adequate
resettlement site and relocation facilities are available; and
c. The
provisions of Sec. 3, paragraph 1 of the Implementing Rules and
Regulations of Sec. 28 of RA 7279 (Pre-Relocation) have been
complied with.
3. Based on
the completed checklist, and subject to further verification, issue
demolition and eviction compliance certificates to proposed demolitions
and evictions involving the homeless and underprivileged citizens;
4. Investigate
motu proprio or upon complaint by any party, any violation of the
provisions of Sec. 28 of RA 7279 or its implementing rules and
regulations;
5. File motu
proprio or by way of assistance to any aggrieved party, the appropriate
criminal, civil or administrative case against any person or persons
found to have violated the provisions of Sec. 28 of RA 7279 or its
implementing rules and regulations;
6. Recommend
to the President appropriate measures for the implementation and
enforcement of Sec. 28 of RA No. 7279 and its implementing rules and
regulations, including possible administrative sanctions against
national or local government officials who have violated the said law,
rules and regulations;
7. Request any
government agency for assistance and necessary information in the
discharge of their respective functions under this Order;
8. Publicize
matters covered by its investigation of violations of the provisions of
Sec. 28 of RA 7279 or its implementing rules and regulations, when
circumstances so warrant and with due prudence: Provided, however, that
the PCUP shall, under the rules and regulations it shall hereafter
promulgate, determine what cases may not be made public: Provided,
further, that any publicity issued by the PCUP shall be balanced, fair
and true;
9. Administer
oaths, issue subpoena and subpoena duces tecum, and take the
testimonies of witnesses in the course of its investigation;
10. Adopt its
own operational guidelines and rules of procedures, as well as rules
and regulations not otherwise inconsistent with existing laws, rules
and regulations, to effectively carry out its mandate; and
11. Perform
such other functions as may hereafter be provided by law or executive
issuance.
Sec. 2. Delegation of Functions to PCUP Regional
Officials. — The PCUP shall properly delegate to its regional officials
the performance of any of the functions mentioned in the preceding
Section insofar as they relate to purely regional or local concerns.
Sec. 3. Monitoring Support from NUPSC. — The
National Urban Poor Sectoral Council (NUPSC), one of the sectoral
organizations represented in the National Anti-Poverty Commission
(NAPC), is hereby deputized as the civilian arm of the PCUP in the
conduct of monitoring activities at the local level relative to the
implementation of the provisions of this Order. The NUPSC shall report
directly to the PCUP Central or concerned Regional Office regarding
compliance with or violations of any of such provisions.
Subject to the availability of resources, the PCUP shall likewise
provide the necessary technical, administrative and financial support
to the NUPSC, and to such other similar organizations as may hereafter
be deputized, to enable them to carry out their monitoring activities
in accordance with the provisions of this Order.
Sec. 4. Provision of Police Assistance. — The
concerned departments and agencies of the government, the LGUs, or
other proponents of eviction and demolition activities shall be
provided authorized police assistance only upon their prior compliance
with the statutory requirements under Sec. 28 of RA 7279 or its
implementing rules and regulations as well as with the checklist and
compliance certificate requirements, as certified by the PCUP.
Police assistance, as used in this Order, shall be limited to
peace-keeping and law enforcement and shall, in no way, mean
participation in actual eviction or demolition.
Sec. 5. Police Assistance; When Authorized. — The
foregoing provisions notwithstanding, police activities or assistance
shall be allowed only under any of the following circumstances:
1.
In pursuance of any court order specifying police action or assistance;
2. In any case
or event where voluntary dismantling of structures has been agreed upon
in writing by the parties concerned and approved by the PCUP, or where
police assistance shall be necessary to preserve peace and order;
3. In cases of
local infrastructure projects, provided however, that the duly
authorized official of the PCUP at the regional or local level has
approved the same in writing; and
4. In cases of
national infrastructure projects, provided however, that the PCUP
Central Office has approved the same in writing.
In any of the circumstances specified in this Section , the members of
the PNP tapped to provide police assistance shall be in proper uniform
and, in appropriate cases, carry with them the necessary papers and
documents supporting the provision of police action or assistance.
Sec. 6. Non-compliance with the Checklist
Requirement. — Failure on the part of the proponent of demolition or
eviction activities to submit to the PCUP the required checklist; or
submission by the former of a false or fraudulent checklist shall
subject the concerned government official or local chief executive to
appropriate disciplinary action pursuant to the provisions of Sec. 61 of Republic Act No. 7160 or the Local Government Code of 1991 and
other relevant laws, rules and regulations, without prejudice to the
institution of separate criminal or civil actions that may be
applicable under the circumstances.
Sec. 7. Demolition Without Completed Checklist or
Unauthorized Police Assistance. — Any official of the PCUP who shall
cause the endorsement of a demolition or eviction activity without a
completed checklist, or if such checklist is submitted but the veracity
of which has not been certified, or any of the officers and members of
the PNP who shall take part in or provide assistance to demolition or
eviction activities without prior authorization from the PCUP, shall
likewise be meted proper disciplinary action, without prejudice to
other criminal and civil actions.
Sec. 8. Cooperation of Concerned Agencies. — All
concerned government agencies, such as the Department of the Interior
and Local Government (DILG), Philippine National Police (PNP),
Department of Social Welfare and Development (DSWD), Department of
Public Works and Highways (DPWH), Department of Health (DOH), Housing
and Urban Development Coordinating Council (HUDCC), and the National
Housing Authority (NHA), are hereby called upon to extend full
cooperation to the PCUP, and where necessary, to make available to the
latter such materials, data and other resources to ensure the effective
and efficient implementation of this Order.
Sec. 9. Submission of Periodic Reports. — The PCUP
shall submit periodic reports to the Office of the President, through
the Office of the Executive Secretary, relative to the status of
compliance with the provisions of this Order and the pertinent
provisions of the law governing eviction, demolition and relocation
activities.
Sec. 10. Funding. — The funds necessary to carry
out the provisions of this Order shall be incorporated in the annual
budget of the PCUP under the General Appropriations Act.
Sec. 11. Separability Clause. — Should any
provision of this Order be declared invalid, the validity of the other
provisions hereof shall be unaffected thereby.
Sec. 12. Effectivity. — This Executive Order shall
take effect upon its publication in a national newspaper of general
circulation.
DONE in the City of Manila,
this 10th day of December, in the year of Our Lord, Two Thousand and
Two.
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