ra7279 irr relocation

7/27/2019 Ra7279 Irr Relocation

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THE DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENTand

THE HOUSING AND URBAN DEVELOPMENT COORDINATING COUNCIL

IMPLEMENTING RULES AND REGULATIONS TO ENSURE THE OBSERVANCE OF

PROPER AND HUMANE RELOCATION AND RESETTLEMENT PROCEDURES MANDATED

BY THE URBAN DEVELOPMENT AND HOUSING ACT OF 1992

Pursuant to Article XII, Section 44 entitled"Moratorium on Eviction and Demolition" and

Article VII, Section 28, entitled "Eviction andDemolition of Squatters" of Republic Act No.7279, otherwise known as the "Urban Develop-ment and Housing Act of 1992," the followingImplementing Rules and Regulations arehereby promulgated and adopted:

SECTION 1. DEFINITION OF TERMS. -- Forthe purpose of these implementing Rules andRegulations, the terms or words and phrasesused herein shall mean or be understood asfollows:

a) ADEQUATE CONSULTATION: Refers to"consultation" as defined by Sec. 3 (d) ofthe Act.

b) AFFECTED PERSONS OR ENTITIES:Refers to the actual occupants of allstructures within the premises subject forclearing.

.c) AVAILABLE FUNDING: Refers to the moneyavailable, sufficient and disbursible for thecommencement and usability of agovernment infrastructure project asformally certified by the appropriategovernment agency.

d) CONSENT: In the context of Sec. 28 (5) ofthe Act, "consent" refers to the writtenagreement by a family or a group of fami-lies to a particular course of action. Theconsent cannot be assumed to cover fami-lies, though these may be numbered in aminority, who have not expressed theiragreement in writing.

e) COURT ORDER: Refers to a writ of demo-

lition issued by a court of competentjurisdiction.

f) DANGER AREAS: Refer to areas which,when occupied for residential purposes,actually pose a danger to the life and safety

and property of either the concerned resi-dents or of the general community. Thedanger is due to an unavoidable source ofprobable harm to human life or well-being.

g) DEMOLITION: Refers to the dismantling bythe LGU, or any legally authorized agencyof government of all structures within thepremises subject for clearing.

h) DULY AUTHORIZED REPRESENTATIVEOF THE LOCAL GOVERNMENT UNIT(LGU): Refers to the Mayor or his dulyauthorized and properly identified repre-

sentative, who shall act on his behalf tosupervise and monitor the proper conductof the demolition, or, if warranted, to stopthe demolition.

i) DULY DESIGNATED REPRESENTATIVEOF FAMILIES: Refers to the member of thecommunity or of the concerned entity ororganization who is authorized by theindividual or head of the family as evi-denced by an appropriate document tospeak and make decisions on their behalf.

j) EVICTION: Refers to the removal of persons

and their belongings from a subjectbuilding/structure or area, or both. in ac-cordance with law.

k) GOVERNMENT INFRASTRUCTUREPROJECT: Refers to a project initiated bygovernment whose purpose is to introduce.enhance, or add to the local or nationalinfrastructure, i.e., the interrelated web ofroads, highways, public buildings, social-ized housing projects, public utilities, floodcontrol projects, and the like.

I) HEAVY EQUIPMENT: Refers to tools/

equipment such as bulldozers, payloaders,cranes,wrecking balls, the use of which willheavily damage, if not destroy, buildings/structures made of light materials.

m) PERMANENT RELOCATION: Refers to asocialized housing area characterized by


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the presence of basic services as defined b:by Sec. 21 of the Act, where relocatees arebrought for permanent resettlement.

n) TEMPORARY RELOCATION: Refers toa site accessible to major roads withpotable water to which relocatees are

brought pending determination by theLGU in coordination with NHA of apermanent relocation site. Should apermanent relocation site not bedetermined within one (1) year, thetemporary relocation becomes asocialized housing area. However, if thefamilies are transferred to a temporarysite, subsequent relocation must only beto a permanent resettlement site.

SECTION 2. SCOPE OF APPLICATION. -These Rules and Regulations shall apply to

demolitions allowed under Sec. 28 of theAct, to wit:

a) When persons or entities occupy dangerareas such as esteros, railroad tracks,garbage dumps, riverbanks, shorelines,waterways, and other public places suchas sidewalks, roads, parks, andplaygrounds;

b) When government Infrastructure projectswith available funding are about to beimplemented:

c) When there is a court order for eviction ordemolition.

These Implementing Rules and Regulationsshall not apply to those squatters whoconstructed their structures after March 28,1992, the effectivity date ofRA 7279.

SECTION 3. GUIDELINES FORIMPLEMENTATION. - The followingprocedures and guidelines on relocationoperation shall be strictly observed by theLocal Government Unit (LGU) or governmentagency authorized to demolish.

1. PRE-RELOCATION PHASE

a. Identification of Resettlement Site:Negotiations and arrangements arefinalized between the proponent LGU orgovernment agency authorized todemolish and the recipient LGU on theresettlement site and their correspondingroles and responsibilities.

Pre-Census

1.0 Completion of Data Requirements: The LGUor government agency authorized todemolish shall ensure that the followingdocuments are readily available prior to anyconduct of demolition:

1.1 Certified Xerox Copy of Title1.2 Tax Declaration or Tax Receipt1.3 Location Plan or Vicinity Map showing

the boundary and illegal constructions1.4 Pictures of the area (before operation)1.5 Certification from LGU or other

concerned agency that the area isincluded In the list of danger areas andsubject for clearing, if applicable

1.6 Certification from LGU or concernedagency that the area is the site of aninfrastructure project with available

funding which shall commence withinsixty (60) days after clearing of the saidarea. if applicable.

1.7 Copy of a Writ of Demolition, if theclearing of the area is decided by theCourt

1.8 Development plan of the property

2.0 Community Relations Operation: The LGUor concerned agency shall undertake thefollowing:

2.1 Establish communication and rapportwith recognized resident community

leaders;2.2 Meet the affected families to explain the

following:2.2.1 the governments shelter program

for the low and marginal incomefamilies Including squatters;

2.2.2 the need to relocate families fromdanger areas and infrastructureproject sites, or a writ ofdemolition, if applicable

2.2.3 procedures and guidelines onrelocation and resettlement; and

2.2.4 objectives and schedule of thecensus and tagging operation.


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2.3 Introduce the project team and censusenumerators to the BarangayChairman and community leaders. TheLGU or concerned government agencymay request the National Housing

Authority to provide technicalassistance in the conduct of pre-relocation activities.

c. Census:

1.0 Physical Survey: Using the location andvicinity map, title and technical descrip-tion submitted, the LGU shall determinethe physical boundary of the land to becleared of squatters.

2.0 Tagging: The LGU shall attach the tagcard with the corresponding number toevery structure for identification, inven-tory and control of illegal construction.The LGU shall encourage participation ofcommunity leaders in this undertaking.

3.0 Mapping and Household Listing: Incoordination with the community leaders,the LGU shall prepare a preliminarylisting of the names of owners/households of the affected houses/structures. A structural map shall beprepared and used to locate the struc-tures and identify the names of thestructure owners/households. During therelocation operation, every dismantled

structure shall be cross-out from thestructural map to prevent the possibilityof new or disqualified families fromclaiming residency on cleared lots.

4.0 Actual Census: The LGU or concernedagency shall conduct house-to-housecensus to determine the actual numberof occupants/households and their pos-sible resettlement options, e.g., "BalikProbinsiya." The LGU shall engage theassistance of community leaders in theconduct of the census. Should the af-

fected families resist the census, thehousehold listing of families shall suf-fice. Incidence of census refusal shall benoted and attested in writing by thecommunity leaders.

5.0 Census Data Evaluation/Processing andMasterlist Preparation: After the com-pletion of census, the LGU or con

cerned agency shall evaluate the datagathered and determine qualified familiesfor resettlement assistance based onapproved criteria for beneficiary selection.

Subsequently, an initial masteriist ofaffected families shall be prepared by the

proponent LGU and forwarded to therecipient LGU or to the NHA for reviewand pre-qualification. A final masteriistshall then be prepared by the dulyauthorized officials, a copy of which shallbe posted in conspicuous places in thearea.

6.0 Processing of Census Claims: A CensusCommittee, composition of which shall bedetermined by the parties involved, shallbe created to investigate and evaluate allcensus claims and recommendappropriate action to the LGU orconcerned agency.

Census claims, which involve cases suchas "out-during census" and "mis-statement of census data," shall beconsidered before the issuance of noticeof demolition. Claimants shall be dulynotified of the results of their censusappeals.

All qualified and disqualified families shallbe individually informed. A copy of theapproved final masteriist shall be posted

in public places.

7.0 Information Drive on Resettlement Site:The LGU and/orthe government agencyauthorized to demolish shall meet thequalified families for resettlement todiscuss the following, among others:

7.1 facilities and services in theresettlement projects; and

7.2 obligations and responsibilities ofthe affected families.

Issuance of 30-Day Notice:

1.0 A written notice shall be issued to theaffected persons or entities by the LGUor government agency authorized todemolish together with the representa-tive of the Presidential Commission forthe Urban Poor. It shall be served to


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and received by the addressee person-ally. Should the concerned person refuseto acknowledge the notice, the sameshall be affixed conspicuously to theaddressee's dwelling.

2.0 Posters no smaller than 2'x3' are

displayed conspicuously in the commu-nity such as public markets, barangayhall, plaza and the like.

3.0 The written notices and the posters muststate the reason for the demolition.Should the reason be "implementation ofgovernment infrastructure project," thenotice should state the importance of theproject, that it has available fundstherefore, and the date of projectimplementation.

4.0 The actual date of demolition must not beearlier than thirty (30) days but not laterthan ninety (90) days after the notice hasbeen issued. It shall not be conducted onSaturdays and Sundays and legalholidays, unless the affected familiesconsent otherwise. It shall be undertakenfrom 8:00 a.m. to 3:00 p.m.

5.0 Should the announced demolition nottake place within ninety (90) days, noticelapses, and a new notice must be servedif demolition still needs to be undertaken.

e. Consultation Proper:

1.0 The LGU or government agency au-thorized to demolish shall preside overthe consultation meetings to be attendedby the barangay chairman, the affectedfamilies and the landowners or their dulydesignated representatives. Officials orrepresentatives of concerned agenciesand NGOs shall also be invited. Thefollowing shall be discussed:

1.1 the necessity of the demolition;

1.2 available options other than reset-tlement;

1.3 possible relocation sites - to includemodes of payment, tenure, facilitiesand services thereat;

1.4 advantagesofvoluntary disman-tling;

1.5 dismantling and resettlement pro-cedures;

1.6 submission of requirements (familypictures, marriage contract, etc.)

1.7 school accommodation of children;

1.8 roles of agencies involved, such asbut not limited to the Department ofSocial Welfare and Development(DSWD), the Philippine NationalPolice (PNP), the Department ofEducation, Culture and Sports(DECS), the Department of PublicWorks and Highways (DPWH), theNational Housing Authority (NHA), thePresidential Commission for theUrban Poor (PGUP), the Commissionfor Human Rights (CHR), and otherconcerned agencies; and

1.9 other problems and issues to ensurea peaceful and orderly relocationoperation.

2.0 In every consultation meeting, attend-ance is recorded. If majority of the af-fected families are present, the meetingshall proceed; otherwise, another meetingshall have to be called and rescheduledwithin five (5) days therefrom. If still themajority of the residents are again notpresent, the consultation requirement for

this particular case is consideredsatisfied.

3.0 The LGU or concerned governmentagency summarizes the points ofagreement and disagreement arrive atthrough the formal consultations, andprovides copies to participatingagencies/entitles for their signature.Should any party refuse to sign theagreement, the same shall be postedconspicuously in the area.

4.0 Schedules of the next meetings shall be

set; including two (2) feedback meetingswithin twenty (20) days from the issuanceof the notice of demolition and one (1)final meeting before the actualdemolition.


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Inter-Agency Meetings/Coordination: The LGUor government agency authorized to demolishshall convene an inter-agency meeting todiscuss the details of the actual relocationoperation and to ensure the support andassistance of the participating agencies.

The following requirements, among others,shall be ensured:

1.0 Resettlement Site - LQU or otherauthorized government agency

2.0 Relocation/Demolition Team - LGU orother authorized government agency

3.0 Other logistical requirements, such astrucks, tents, first aid and communica-tion facilities - LGU or other author-ized agency

4.0 Security - PNP

5.0 Balik Probinsiya - DSWD

6.0 Medical Assistance - Department ofHealth

7.0 Relocation Documentation - LGU orother authorized government agency

g. Completion of Relocation Documents/Requirements: The LGU or governmentagency authorized to demolish shall ensure

the completion of the following relocationdocuments/requirements by the affectedfamilies:

1.0 Family Picture;

2.0 Marriage Contract or Affidavit of Co-habitation

3.0 Other Identification Papers

h. Voluntary Relocation and Resettlement: Toencourage voluntary relocation, resettlementlots, transportation and manpower assistance

and other services shall be extended inadvance to the volunteer families.

II. RELOCATION PHASE

a. Preparations Before the Dismantling ofStructures:

1.0 Confirmation of Actual Date of Relocation:The proponent LGU or governmentagency authorized to demolish shall issuenotices of actual relocation to the affectedfamilies and shall furnish a copy of therolling schedule, three (3) days beforerelocation, to the recipient LGU or theNHA.

2.0 Ensuring Availability of Resources andNecessary Documents: The LGU orgovernment agency authorized to de-molish shall review the documents andcheck the availability of resources/serv-ices as committed by the participatingagencies.

b. Dismantling of Structures/Movement ofFamilies:

1.0 During the actual relocation, the LGU orgovernment agency authorized todemolish shall:

1.1 Provide the necessary identification toall staff and crew involved in theoperation.

1.2 Ensure that members of the PNP whoare in proper uniform occupy the firstline of law enforcement and civildisturbance control, and do notparticipate in the physical dismantlingof any structure.

1.3 Ensure that the electricity of theaffected area has been shut off.

1.4 Give the order to commence, or tostop or suspend the demolition es-pecially during inclement weather.

1.5 Ensure that the dismantling ofstructure shall be executed ascarefully as possible for the maximumrecovery of materials which could bereused by families to rebuild theirstructures in the resettlement project,

and that heavy equipments are notuse except for structures which arepermanent and of concrete materials.

1.6 Encourage and motivate families tovoluntarily and peacefully dismantletheir structures and whenever


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requested by the families, assign manpowerto assist families in the dismantling.

1.7 Ensure that all structures covered by theletter-advice shall be dismantled withoutexception based on the rolling schedule, andthat only structures schedule for the day shall

be dismantled.

18. Ensure that no staff or official participant inthe demolition engages in looting, acceptsbribes, employs unnecessary force orviolence, and that violators are chargedadministratively or criminally;

1.9 Record the names and number of familiesand structures affected by the relocation andresettlement.

2.0 Representatives from other concernedagencies, such as the Presidential

Commission for the Urban Poor and theCommission on Human Rights shall also bepresent in the area to monitor and observethe actual operations.

c. Issuance of Entry Passes: The LGU orauthorized government agency shall ensure thatall entry passes are prepared with thecorresponding family pictures. The LGU orauthorized agency shall prevent the tamperingor illegal transfer of such entry

d. Loading and Transporting: The LGU or gov-

ernment agency authorized to demolish shallensure that:

1.0 Transportation vehicles shall have thenecessary sign board displayed in front of thewindshields for proper Identification and shallproceed to the area before the start of actualdismantling operations.

2.0 Before departure, the documents of thefamilies shall be checked and theirbelongings property loaded. The safetyand comfort of the families particularly thechildren shall be ensured. The last tripshall be dispatched not later than3:00 p.m.

.;

e. Monitoring and Documentation: The LGU orgovernment agency authorized to demolishshall monitor and report on the relocationoperation daily and weekly using theprescribed forms.

f. Welcome and Reception: The concernedresettlement project team together with therepresentatives of the resettlement com-munity shall:

1.0 Welcome and receive the relocated

families;

2.0 Provide needed medical services, ifnecessary.

g. Processing of Documents and Lot Assign-ment: The resettlement project team shall:

1.0 Review and process the entry passes andother documents of the resettled families;

2.0 Assign lots to the families; and

3.0 Assist the families in accomplishing therequired forms.

h. Transfer to Assigned Lot: The resettlementproject team shall accompany the resettledfamilies to their assigned lots; and wheneverfeasible provide manpower assistance/volunteers to help the resettled families un-load their materials and belongings from thetruck and transfer them to their assigned lots.


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III. POST RELOCATION PHASE

a. Place of Origin:

1.0 After the relocation operation, the LGU orgovernment agency authorized todemolish shall require the property owner

or concerned agencies to clear, secure andundertake development of the property.

2.0 To document the area that has beencleared of squatters, the LGU orgovernment agency authorized to demolishshall take an after-operation picture of thearea from the same angle that the before-operation picture has been taken.

3.0 A letter documenting that the area hasalready been cleared, with the attachedpictures of the area before and after theoperation shall be Issued to the property

owner by the LGU or government agencyauthorized to demolish.

b. Resettlement Site:

1.0 Organized community-based structuresshall be strengthened so as to facilitate thedelivery of services in the site. Theidentified leaders with the assistance of theNGOs shall be trained and equipped withproper organizational skills and attitudesnecessary to effectively manage the affairsof the community.

2.0 To promote the general well-being ofresettled families, adequate social servicesin health, nutrition, education, responsibleparenthood, environmental sanitation, etc.shall be provided in the resettlement sites

jointly or under the auspices of cooperatingagencies such as, but not limited to. theDECS, DOH, DSWD, and NGOs.

3.0 To generate employment and incomeopportunities for the resettled families,the resettlement project shall act as aconduit for the families to avail of

manpower training and livelihood programthrough sustained networking andresource syndication activities.

SECTION 4. EVICTION AND DEMOLITIONPURSUANT TO A COURT ORDER. - In casesof eviction and demolition pursuant to a courtorder involving underprivileged and homelesscitizens, relocation shall be undertaken by thelocal government unit concerned and theNational Housing Authority with the assistanceof other government agencies within forty-five(45) days from the service of notice of final

judgment by the court, after which period thesaid order shall be executed: Provided, further,That should relocation not be possible withinthe same period, financial assistance in theamount equivalent to the prevailing minimumdaily wage multiplied by sixty (60) days shall beextended to the affected families by the localgovernment unit concerned.

SECTION 5. ORGANIZATION. - To ensure thesmooth and effective implementation of all

relocation and resettlement operations, theLGU or the government agency authorized todemolish shall create a Task Force onRelocation and Resettlement.

a. Primary Responsibility:

The Task Force shall be primarilyresponsible for ensuring that theseImplementing Rules and Regulations on theeviction of families and demolition ofstructures are adhered to.

b. Structure and Composition:

1.0 The City/Municipal Mayor or the duly-designated representative of theconcerned government agencyauthorized to demolish as Chairman;

2.0 The membership shall include thefollowing:

2.1 Legal Services Group2.2 Security Group2.3 Dismantling and Relocation Group2.4 Community Relations Group2.5 Census and Tagging Group2.6 Surveillance Group

3.0 Action Teams shall be created by theChairman for every relocation andresettlement operation tooversee/undertake actualeviction/relocation of families anddismantling of structures.


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4.0 The Action Teams shall be composed of, butnot limited to, the following:

4.1 City/Municipal Engineer/Building Official4.2 Medical/Health Personnel4.3 Dismantling Crew/Relocation Officer4.4 Social Worker

4.5 Barangay Chairman4.6 NGO Representative

SECTION 6. PENALTY CLAUSE. - Any person whoviolates any provision of the R.A. 7279 shall beimposed the penalty of not more than six (6) years ofimprisonment or a fine of not less than five thousandpesos (P5.000) but not more than one hundredthousand pesos (P100,000), or both, at thediscretion of the court; Provided, That, if the offenderis a corporation, partnership, association or other

juridical entity, the penalty shall be imposed on theofficer or officers of said corporation, partnership.

association or juridical entity who caused theviolation.

SECTION 7. VENUE FOR GRIEVANCE. -Complaints of violations of this Implementing Rulesand Regulations against local governmentexecutives shall be filed and prepared in accordancewith Section 61 of the Local Government Code of1991 (R.A. 7160), through the Department of Interiorand Local Government.

Complaints against subordinate officials falling withinthe administrative jurisdiction of the local chiefexecutives shall be filed with the office of the local

chief executive concerned who shall cause to beinstituted administrative or judicial proceedingsagainst any subordinate official or employee whomay have committed an offense in violation hereof orthe Act itself.

Complaints against officials of other nationalagencies, may be filed with the Office of thePresident, or the Office of the Ombudsman, as thecase may be.

Aggrieved parties may also direct theircomplaints to and or seek the assistance ofthe Commission on Human Rights or thePresidential Commission for the Urban Poor.

An aggrieved urban poor organization orperson may seek the legal assistance of the

Public Attorney's Office of the Department ofJustice for violations hereof.

In cases of complaints against any memberof the Philippine National Police (PNP), thesame shall be lodged with the DILG.

In all instances, the aggrieved party may filehis complaint directly with a court ofcompetent jurisdiction pursuant to Section45 of R.A. 7279.

SECTION 8. SEPARABILITY CLAUSE. -The provisions of this Implementing Rules

and Regulations are hereby declaredseparable, and in the event that any of suchprovisions are declared null and void, thevalidity of all other provisions shall not beaffected thereby.

SECTION 9. EFFECTIVITY. - ThisImplementing Rules and Regulations shalltake effect immediately after its publicationin at least two (2) national newspapers ofgeneral circulation.

APPROVED, this 24th day of September.1992, in the City of Manila.

(Sgd.)ZORAYDA AMELIA C.ALONZOChairmanHousing and Urban DevelopmentCoordinating Council

(Sgd.) RAFAEL M. ALUNAN IIISecretaryDepartment of Interior andLocal Government