04/02/2020
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allowed as crafted exceptions to the moratorium on eviction under Section 44,
Article XII[33] of the same law.
Sec. 28. Eviction and Demolition. — Eviction or demolition as a practice
shall be discouraged. Eviction or demolition, however, may be allowed
under the following situations:
(a) When persons or entities occupy danger areas such as esteros,
railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and
other public places such as sidewalks, roads, parks, and playgrounds;
(b) When government infrastructure projects with available funding are
about to be implemented; or
(c) When there is a court order for eviction and demolition.
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This Department of the Interior and Local Government and the Housing
and Urban Development Coordinating Council shall jointly promulgate the
necessary rules and regulations to carry out the above provision.
(Emphases supplied)
Section 2 of the Summary Eviction IRR provides that only new squatter[34] families
whose structures were built after the effectivity of RA 7279, otherwise known as the
“Urban Development and Housing Act of 1992,” and squatter families identified by
the local government unit (LGU) as professional squatters[35]or members of
squatting syndicates shall be subject of summary eviction:
SECTION 2. Coverage – The following shall be subject for summary
eviction:
1.0New squatter families whose structures were built after the
effectivity of RA7279; and
2.0Squatter families identified by the LGU in cooperation with the
Presidential Commission of the Urban Poor (PCUP), Philippine
National Police (PNP) and accredited Urban Poor [O]rganization
(UPO) as professional squatters or members of squatting
syndicates as defined in the Act.
Under the Summary Eviction IRR, the term “summary eviction” has been defined
as “the immediate dismantling of new illegal structures by the local government
units or government agency authorized to [demolish] in coordination with the
affected urban poor organizations without providing the structure owner(s) any
benefits of the Urban Development and Housing Program.”[36]
Meanwhile, the terms “new squatter,” “professional squatters,”and “squatting
syndicates” have been respectively defined as follows:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60932
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