28/05/2014
We in PK-Manila together with Manila Greens as our urban poor sector condemned the illegal demolition at communities of Brgy 8 and 9 Tondo Manila. As basis of the eviction and demolition is the Certificate of Compliance (COC) of eviction and demolition at 3 meter legal easement of Estero Dela Reina but the problem is the beyond 3 meter easement with no COC continue the operation for clearing the illegal occupants by the Manila City Government headed by Local Inter Agency Committee – Manila or LIAC. The affected families settled in the streets because no adequate relocation yet ready in the clearing operation of the City Engineers Office. Because of the street settled right after the demolition, a month old baby died because of suffocation of heat temperature and dust .
ACCORDING TO Sec. 28 of the Urban Development Housing Act (UDHA), the following rules should be observed accordingly by any Local Government Unit (LGU):
Eviction or demolition as a practice shall be discouraged.
In the execution of eviction or demolition orders involving poor and homeless families, the following shall be done by involved government agencies:
1. Notice upon the affected families at least thirty (30) days prior to the date of eviction or demolition;
2. Enough consultations about settlement with the duly designated representatives (i.e. community leaders) of the families to be transferred and the affected communities in the areas where they are to be relocated;
3. Presence of local government officials or their representatives during eviction or demolition;
4. All persons taking part in the demolition should have IDs;
5. Eviction or demolition shall only be done during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;
6. No use of heavy equipment for demolition except for structures that are permanent and of concrete materials;
7. Proper uniforms for members of the Philippine National Police (PNP) who shall occupy the first line of law enforcement and observe peace and order during the process; and
8. Adequate relocation, whether temporary or permanent. However, for eviction and demolition of poor and homeless citizens, relocation shall be undertaken by the local government unit (LGU) concerned and the National Housing Authority (NHA) with assistance of other government agencies within forty-five (45) days from serving of notice from the court. After this period the said order shall be executed. However, also, that if relocation is not possible within the said period, financial assistance in the amount equal to the present minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned.
