no.-17-091.pdf - City Government of Muntinlupa

REPUBLIKA NG PILIPINASPAMAHALAANG LUNGSOD NG MUNTINLUPA

KALAKHANG MAYNILA

Sangguniang Panlungsod

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oRD|NANCE NO. 17-091

AN ORDINANCE DESIGNATING THE LOCAL HOUSING BOARD OF THECITY OF MUNTINLUPA AS THE SOLE DEMOLTTION CLEARING HOUSE INTHE CONDUCT OF DEMOLITION AND EVICTION UNDER SECTION 28 OFREPUBLIC ACT 7279 AND DEFINING ITS POWERS AND FUNCTTONS ASSUCH, AMENDTNG SECTION 9 OF MUNTTNLUPA CITY ORDINANCE NO.03.084, AND ESTABLISHING THE COVERAGE AND APPLICATION FOREVICTION AND DEMOLITION CERTIFICATES OF COMPLIANCE.************************ **** ****** ** ** ** ******** ****** ********r* ********* ******* *** ** *** **

Sponsored by: Hon. Coun. Mark Lesfer M. BaesHon. Coun. Atty. Patricio L. Boncayao,Hon. Coun. BallVrefes

Cou n. Stephanie G. IevesCoun. Allan Rey A. CamilanCoun. Ringo A. TevesCoun. Louisito A. ArciagaCoun. Alexander DiazCoun. lvee Rhia Arciaga-TadefaCoun. Ma. Dhesiree G. ArevaloCoun. Marissa Cole-RongavillaCoun. Lucio B. ConstantinoCoun. Rafael T. Sevilla

Hon.Hon.Hon.Hon.Hon.Hon.Hon.Hon.Hon.Hon.Hon.Hon.

****** *** ******* ****** ** *****

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WHEREAS, SectioSocial Justice and Human Rights states that: "Urbarr and rural poor dwellersshall not be evicted nor their dwellings demolished, except in accordance withlaw and in a just and humane manner."

WHEREAS, pursuant to such constitutional mandate, Section 28 ofRepublic Act No.7279 or the Urban Development and Housing Act (UDHA) of1992 prescribes the instances where evictions maybe undertaken as well asimposes certain requirements that must be met for an eviction involvinghomeless and underprivileged citizens to become valid.

WHEREAS, Executive Order 152, series of 2002 designated the

Presidential Commission for the Urban Poor as the sole Clearing House for theconduct of demolition and eviction activities involving homeless and

underprivileged citizens and establishing for the purpose a mechanism toensure strict compliance with the requirements of just and humane demolition

nd eviction under the Urban Development and Housing Act of 1992 and for

other purpcses

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REPUBLIKA NG PILIPINAS

PAMAHALAANG LUNGSOD NG MUNTINLUPAKALAKHANG MAYNILA


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Page 2Ordinance No. 17-092

WHEREAS, Executive Order 708, series of 2C08, amended ExecutiveOrder 152, series of 2002, and devolved the functions of the PresidentialCommission for the Urban Poor as the clearing house for the conduct ofdemolition and eviction activities involving homeless and underprivilegeditizens to the respective Local Government Units (LGUs) having territorial

jurisdiction over the proposed demolition and eviction activities of governmentagencies.

WHEREAS, Section 2 of Executive Order 708 series of 2008 alsorequired the creation of a Local Housing Board or any similar body through anappropriate ordinance before conducting the clearing house functionsmandated in above-mentioned Executive Order 708

WHEREAS, City Ordinance No. 03-084 converted the then SocializedHousing Program Committee of the City of tMuntinlupa into its Local HousBoard and provided for its composition as well as defined its powersfunctions.

WHEREAS, Section 2 of City Ordinance No. 06-097, which amendCity Ordinance No. 03-084, read as follows: "Section 9 of City Ordinance03-084 hereby amends its title 'Demolition Clearing House' and shall nowread as 'Role of the Local Housing Board in the conduct of Demolition'. "

WHEREAS, the Department of lnterior and Local Government (DllVlemorandum Circular 2009-05, which amended DILG Jtlemorandum Circu2008-143, prescribes the exemptions to the requirements for ComplianceCertificates in the conduct of eviction and demolitions.

WHEREAS, there is a need to clearly designate the Local HousingBoard of the City of ft/untinlupa as the so/e clearing house in the conduct ofeviction and demolition in compliance with existing laws, executive orders, rulesand regulation and define its powers and functions as such.

NOW THEREFOR, BE IT ORDAINED, AS IT IS HEREBY ORDAINED,by the 8th Sangguniang Panglungsod of Muntinlupa, lVletro Manila, by virtue ofthe powers vested in it by law, in Session assembled, that:

SECTTON 1. Title. This ordinance shall be known as "Ar? OrdinanceDesignating the Local Housing Board of the City of Muntinlupa as theClearing House for Eviction and Demolition under Secfion 28 of the UrbanDevelopment and Housing Act of 1992 and defining its powers and

as slrch."

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+-+SECTION 2. Definition of Terms. For purposes of this ordinance.

1. Available Funding refers to the money available, sufficient anddisbursable for the commencement and usability of a governmentinfrastructure project as formally certified by the appropriate governmentagency.

2. Certificate of Compliance (COC) - refers to the certificate duly issuedby the Local Housing Board (LHB) or a substantially equal body of theconcerned Local Government Units mandated as the sole clearing houseprior to the conduct of eviction or demolition showing that all the legalrequirements have been satisfactorily complied with by the proponent orthe agency authorized to evict and demolish.

3. Clearing House - refers to the local government and/or its authorizedbody or any government agency legally authorized to issue theCertificate of Compliance prior to the conduct of eviction and/ordemolition under the Urban Development and Housing Act of 1992.

4. Court Order - refers to a writ of execution and/or demolition issued by acourt of competent jurisdiction. This does not include orders anddecisions of courts of competent jurisdiction which merely grant or lifttemporary restraining orders, permanent or indefiniteinjunctions/prohibitions arising from actions filed relative to initial Extra-judicial Eviction and Demolition orders as defined herein. Neither doesthis include writs, orders and/or decisions of courts of competentjurisdiction that do not involve underprivileged and homeless citizens.

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5. Danger Areas - refers to areas which when occupied for residentialpurposes actually pose danger to the life, safety and property of eitherthe concerned residents or of the general community. The danger is dueto an unavoidable source of probable harm to hr.,man life or well-being.

6. Demolition - refers to the dismantling by the Local Government Unit,any legally authorized agency or personnel of the government of allstructures within the premises subject for clearing.

Extra-judicial Eviction and Demolition - refers to the Eviction ofunderprivileged and homeless citizens and/or the demolition of theirdwellings located in danger areas such as "esteros", railroad tracks,garbage dumps, riverbanks, shorelines, waterways, public places suchas sidewalks, public cemeteries, roads, parks and playgrounds; or theEviction of underprivileged and homeless citizens and/or the demolitionof their dwellings because of government infrastructure projects withavailable funding that are about to be implemented by the national orlocal governments or any legally aut government agency without

a) and (b) oJ the UDHAneed of-a't^*/4 ursuant toc-

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8. Eviction - refers to the removal of a person and their belongings from a

subject building, structure or area, or both.

g. Government-Funded lnfrastructure Project - refers to a government

initiated project for purposes of enhancing, introducing or adding to thelocal or national infrastructure, such as the interrelated web of roads,

highways, public buildings, socialized housing projects, public utilities,flood control projects and the like.

10. New Squatter - refers to individuals or groups who occupy land withoutthe express consent of the landowner after lt/larch 28, 1992. Theirstructures shall be dismantled and appropriate charges shall be filedagainst them by the proper authorities if they refuse to vacate thepremises.

11. Professional Squatters - refers to individuals or groups who occupylands without the express consent of the landowner and who havesufficient income for legitimate housing. The term shall also apply topersons who have previously been awarded home lots or housing unitsby the Government but who sold, leased or transferred the same to settleillegally in the same place or in another urban area and non-bona fideoccupants and intruders of lands reserved for socialized housing. Theterm shall not apply to individuals or groups who simply rent land andhousing from professional squatters or squatting syndicates.

l2.Proponent - refers to the entity or entities which is undertaking orproposing to undertake a project or program that impacts on the right toadequate housing of the urban poor and marginalized communities. ltshall have overall control and responsibility for the project together withconcerned government agencies duly constituted in a committee orboard.

13. Summary Eviction and Demolition refers to the immediatedismantling of new illegal structures by the LGUs or the governmentagency authorized to conduct Demolition activities and the immediateremoval of professional squatters and members of squatting syndicatespursuant to sections 27 and 30 of the UDHA.

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14. Underprivileged and Homeless Citizens - refers to the beneficiaries ofthe UDHA and to individuals or families residing in urban andurbanizable areas whose income or combined household income fallswithin the poverty threshold as defined by the National Economic andDevelopment Authority and who do not own housing facilities. This shallinclude those who live in makeshift dwelling units and do not enjoy thesecurity of tenure

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15. Squatting Syndicates - refers to groups of persons engaged in thebusiness of squatter housing for profit or gain.

l6.Voluntary Demolition and Relocation - refers to the act of willinglyvacating subject premises and the dismantling or demolition or allowingthe dismantling or demolition of one's structure.

SECTION 3. Section 9 of City Ordinance No. 03-084, as amended byCity Ordinance 06-07, is hereby amended as follows:

"Section 9. CLEARING HOUSE. The Local HousingBoard of Muntinlupa shall be the sole Clearing House inthe conduct of the demolition and eviction underSection 28 Republic Act 7279 and its implementing rulesand regulations. IVo eviction or demolition shall beimplemented without the prior approval of the LocalHousing Board of the City and in this regard the Boardshall pertorm the following functions:

1. [VIonitor and coordinate government activities relative to consultation,relocation and resettlement of underprivileged and homeless citizens incases of UDHA beneficiaries where eviction and demolition affectingthem are necessary and allowed under existing laws.

2. Recommend policy measure and/ or undertake appropriate action toensure full compliance with the constitutional mandate and statutoryrequirements prior to the evictions and/or demolitions affectingunderprivileged and homeless citizens.

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3. [\4onitor all eviction and demolitions, whether voluntary, extra-judicialsummary, or court ordered.

4. Require the proponents of an eviction and demolition to first secure fromthe board the checklists, guidelines, and eviction and demolitionCertificate of Compliance, if not exempted, prior to the actualimplementation thereof and, thereafter, submit to the board thecompleted checklist, attested to under oath by the proponents andindicating that:

1. Adequate consultations with the affected families have alreadybeen undertaken;

2. Adequate resettlement site and relocation facilities are available;and,

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3. The provision of Section 3, paragraph 1 of the implementing rules

and regulation of Section 28 of Republic Act No. 7279 have beencomplied with.

4. Based on the completed checklist, and subject to furtherverification, issue demolition and eviction compliance certificatesto proposed demolitions and evictions involving homeless andunderprivileged citizens.

SECTION 4. Exemptions on Certificate of Compliance. The Evictionand Demolition Certificate of Compliance shall not cover the following.

1. Court-order evictions and demolitions;2. Voluntary Demolition and Relocation;3. Summary Eviction and Demolition of professional squatters and

squatting syndicates and dismantling of new illegal structures; and4. Evictions and Demolitions undertaken by the National Housing

Authority (NHA) within ifs housing projects pursuant toPresidential Decree No. 1472 against illegal occupants of saidhousing prolects and for violation by awardees of housing andother types of units of the terms and conditions of LeaseContracts, Deeds, or Contracfs of Sa/e other types of agreementsexecuted with the NHA.

SECTION 5. Application for CerTificate of Compliance (COC).Proponents of an eviction and demolition that is not covered by the exemptionsset forth in the preceding section shall, prior to actual eviction and demolition,secure a Certificate of Compliance from the Board. The process of applying forthe said Certificate shall be as follows.

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The proponent shall obtain from the Board, the proper application formfor the COC and submit the same together with the required documentsas listed in the appropriate Checklist at least fifteen working (15) daysprior to the actual conduct of eviction and demolition.

b) lf the application is sufficient in form and substance, the Board, uponverification, approves the application, issues the proper COC and notifiesthe proponent.

c) COC shall indicate the name of the proponent, the purpose andlocation of the area applied for eviction and demolition, a statement ofcompliance to the pertinent rules covering the eviction or demolitionapplied for period, an authorization or approval for the rendering of police

assistance, validity period, the date of issuance, and the authorizedsignature

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REPUBLIKA NG PIL!PINAS




d) lf the application is incomplete in form and substance, the Board informs

the proponent and the latter has to comply with the deficiency within fenworking (10) days from notification.

ln the event that the deficiency is not complied with the periods

mentioned herein, the proponents shall be required to re-apply for a newcom pliance certificate.

e) ln case where the board issues a COC or the proponent has alreadycomplied with the deficient requirements for application and thusacquired a COC, the eviction and demolition proceeds as a matter ofcourse.

SECTION 6. Penalties and Sanctions. Failure to comply with therequirements as stated in this Ordinance or any act of misrepresentation orfraud in connection with any information contained in any application for theCertificate of Compliance or in securing the same, shall subject governmentofficials or employees responsible for such omission, misrepresentation or fraudto:

1. Disciplinary action under Book 1, Title Two, Chapter 4 of Republic Act7160 or the Local Government Code; or

2. Prosecution under the penalty clause of Republic Act 7279 or the UDHALaw, quote:

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"Section 45. Penalty Clause - Any person who violates anyprovision of this Act shall be imposed the penalty of not morethan six (6) years of imprisonment or a fine of not less thanFive thousand pesos (Php5,000) but not more than OneHundred thousand pesos (Php100,000), or both, at thediscretion of the court xxx."

llforce and effect.

SECTION 8. Repealing Clause. All ordinances, resolutions, executiveorders, rules and regulations or parUs thereof, which are inconsistent with anyof the provisions of this Ordinance are hereby repealed or modified accordingly.

SECTION 9. Effectivity Clause. This Ordinance shall take effectimmediately upon its approval.

ENACTED, by 8'n Sangguniang of Muntinlupa this 29th

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SECTION 7. Separability Clause. lf for any reason, any parUs orprovision/s of this Ordinance shall be declared unconstitutional or invalid, otherparts or provisions hereof which are not affected thereby shall continue to be in

REPUBLIKA NG PILIPINASPAMAHALAANG LUNGSOD NG MUNTINLUPA

KALAKHANG MAYNTLA


Page IOrdinance IVo. 17-092

CONCURRED:orsrn\rK.\

arhrcro r-.lytember

COUN. BAL ESMember

COUN. MAMember

COUN. ATTY. P BONCAYAO, JR.

COUN. STEMember

Member

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G. AREVALO

G. TEVES

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W^COUN. LOUISITb A. ARCTAGAMember

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.VAUAHG MUHTINLUPAIPeople Center Bldg., City Hall of MuntinlupaNational Road, Putatan, Muntinlupa City, PhilippinesWebsite: www.muntinlupacity. gov.ph

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COUN. W A. ARCILLASe ative

League of Barangay Captains

ABSENT:

COUN. ATTY. PATRICIO L. BONCAYAO, JRMember

COUN. CHRISTINE MAY A. ABASMember

COUN. GRACE B. GONZAGAMember

I HEREBY CERTIFY, as to the correctness of the foregoin rnance

cEc RTESecretary

ATTE ED:

CECity Officer

APPROVED:

ATTY. J DIMayor

Date: ?-t .lllN mrzuu--_-g-"-Zlqr7

Norie/|th SP

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CITY ffiF MUNTTI{IUI.AREPUBLIC OF THE PHILIPPINES

Noted by:

Orne H 0F THE CtrY ArronNEY

l0 April 2017

COI.IE\I!LOR TESTER BAES

Songuniong PonlunEsod

RE- Ordinonce Desiqnofing LHB os Sole Demolifion/Evictior-Cleorin g House

Deor Councilor Bqes:

This refers to the droft ordinonce entiiled, "AN ORD,NAN(""E DES/GNAI/NGTHE LOCAL HOUSING BOARD OF THE CITY OF MUNI'NLUP,.. AS THE SOLE

DEA/OLITION CLEAR'NG HOUSE IN IHE CONDUCT OF DEMOLITIOT,,'AND EV'CI'ONUNDER SECIION 28 OF REPUBLIC ACT 7279, AND DEF'NING 11,:; POWERS ANDFUNCIIONS AS SUCH, AMENDING SECI/ON 9 OF MUNI'NI.UPA C"iW ORD'NAN-CENO. 03-084, AND ESIABL,SH,NG IHE COVERAGE AND APPL|CATIC,:'I FOR EVICLONAND DEMOLITION CERIIF,CAIES OF COMPL,ANCE,,, referred ti- this OIfiCE fdrreview.

The proposed ordinonce designotes the Locol Housing B<:crd (LHB) of theCity of Muntinlupo os the sole cleoring house in the conduct o; demolition qndeviction under Section 28 of RA No. 7279 ond defines its duties r:nd functions ossuch.

Upon coreful perusol of the subject ordinonce, this Offi, e interposes noobjection to the designotion of the Locol Housing Boord os sol cleoring housefor demolition ond eviction octivities of homeless ond underpriv,:eged citizens osthe some is consistent with the mondote of Executive Order No. 7'",,8, Series of 2008,ond implemented in DILG lvlemorondum Circulor No. 2008-143.

We hope the foregoing oddresses your concerns.

Very truly

ATTY. M. OR ".lTAAttorney lV

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no.-17-091.pdf - City Government of Muntinlupa

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