REPUBLIC OF THE PHILIPPINES

SANGGUNIANG PANLUNGSOD
CITY OF BISLIG

SP Ordinance No._____
“Ordinance Setting Guidelines for Extrajudicial Eviction and/or
Demolition in Bislig City and for Other Related Matters, amending
Ordinance No. 2015-03”

Authored by: Hon. Geoffrey G. Cagakit

WHEREAS, informal settlers have been observed to inhabit certain quarters in Bislig City,
not only in the urban areas but even in its timber or forest land areas, mostly due to the
migration of people seeking better livelihood and employment opportunities some of whom
are taken advantage of financially by professional squatters and squatting syndicates;

WHEREAS, the incessant nefarious construction of illegal structures by professional

squatters and squatting syndicates in both public and private lands in the different barangays of
the City may continue to proliferate to the great prejudice, damage, and disadvantage of the
registered landowners and legitimate barangay inhabitants.

WHEREAS, there are also unscrupulous persons who for profit or gain and taking
advantage of the absence or tolerance of the landowner, despite having their own house and
lot or already occupying a certain parcel of land, willfully and deliberately, are constructing
illegal structures in any vacant lot within the barangay to lease or sell to innocent persons
either for dwelling or for business purposes;

WHEREAS, as a consequence thereof, the registered landowner of the illegally occupied

property is deprived of his/her right to peacefully utilize, possess, and enjoy the same;

WHEREAS, the Punong Barangay and members of the Sangguniang Barangay, as persons
in authority, being primarily responsible in the maintenance of peace and order, and in
protecting private and public interest, should spearhead the eradication or curtailment of the
construction of illegal structures, the same being a clear violation of the National Building Code,
and other pertinent laws;

WHEREAS, Section 16 of R.A. 7160, otherwise known as the Local Government Code of
1991, explicitly provides that Local Government Units shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as power necessary or appropriate to
maintain peace and order, and preserve the comfort and convenience of their inhabitants;

WHEREAS, Section 27, Article Vll of Republic Act No. 7279, otherwise known as the
Urban Development and Housing Act of 1992, directs the curtailment of the nefarious and
illegal activities of professional squatters and squatting syndicates and states, thus:

“Section 27. Action Against Professional Squatters and Squatting

Syndicates. The local government units, in cooperation with the Philippine
National Police, the Presidential Commission for the Urban Poor (PCUP), and the
PCUP-accredited urban poor organization in the area, shall adopt measures to

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 identify and effectively curtail the nefarious and illegal activities of professional
squatters and squatting syndicates, as herein provided. Any person or group
identified as such shall be summarily evicted and their dwelling or structures
demolished, and shall be disqualified to avail of the benefits of the Program.”

WHEREAS, this Sanggunian is aware that some members of the informal sector are
actually victims of wily groups or individuals who only sought to gain or profit from the
economic misery of the former and, as such, should be treated with utmost understanding and
compassion if eviction and demolition should be resorted to;

WHEREAS, in fact, the DILG issued several Memorandum Circulars which not only
outlined the guidelines and/or proper procedure for the enforcement of national laws against
squatting but also serve as reminders to local officials of the advisory issued by Commission on
Human Rights (CHV (IV) No. A2011-003) on the right to adequate housing and human
treatment of informal settlers ;

WHEREAS, finally, this Sanggunian recognizes that even squatters have certain rights,
foremost of which are mentioned in the following Constitutional provisions, to wit:

(a) Article II Section 11 of the 1987 Philippine Constitution which declared as a matter
of policy that the State values the dignity of every human person and guarantees full
respect for human rights; and

(b) Article XIII Section 10 of the 1987 Philippine Constitution that the urban poor
dwellers shall not be evicted nor their dwellings demolished, except in accordance
with law and in a just and humane manner. Moreover, no resettlement of urban or
rural dwellers shall be undertaken without adequate consultation with them and the
communities where they are to be relocated;

WHEREAS, Section 3 of Executive Order No. 708, series of 2008, titled, Amending
Executive Order No. 152, Series of 2002, And Devolving The Function Of The Presidential
Commission For The Urban Poor As The Clearing House For the Conduct Of Demolition And
Eviction Activities Involving The Homeless And Underprivileged Citizens To The Respective Local
Government Units (LGUs) Having Territorial Jurisdiction Over The Proposed Demolition and
Eviction Activities Of Government Agencies, states, thus:

Section 3. Guidelines in the enactment of ordinance. – The Department

of Interior and Local Government (DILG) is hereby ordered to issue the necessary
guidelines for the enactment of ordinances creating Local Housing Boards or any
similar body to Local Government Units (LGUs) within six (6) months from the
effectivity of this Executive Order. The PCUP shall assist the Local Government
Units in enacting ordinances in whatever capacity they can provide within the
same period.

WHEREAS, pursuant to the immediately foregoing Executive Order, the Sangguniang

Panlungsod of Bislig passed Ordinance No. 2015-03 otherwise known as “An Ordinance
Creating the Local Housing Board of the City of Bislig, Defining Its Powers and Functions”
which created and designated the Bislig City Housing Board as the sole clearing house for
eviction and demolition activities concerning informal settlers in danger areas, public places
and government projects;

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 WHEREAS, the Ordinance Creating the Bislig City Housing Board is wanting in important
details as to how actual eviction and/or demolition activities are to be undertaken pursuant to
existing laws, rules and regulations;

NOW, THEREFORE, --

BE IT ORDAINED, by the Sangguniang Panlungsod of the City of Bislig in session duly

assembled that:

PART 1 – PRELIMINARIES

ARTICLE I
SHORT TITLE AND POLICIES

Section 1. Short Title. – This Ordinance shall be known as the “Ordinance Setting
Guidelines for Eviction and/or Demolition in Bislig City.”

Section 2. Declaration of Policies. – It shall be the policy of the City of Bislig –

(a) to value the dignity of every human person and guarantees full respect for human
rights; and

(b) to pursue a rights-based approach to urban development, housing and treatment of

informal settlers.

Section 3. Objectives. – This Ordinance seeks to achieve the following objectives, to wit:

(a) to suppress and eradicate the nefarious illegal activities of professional squatting
syndicates and squatters, and to discourage informal settling and construction of
illegal structures and dwellings;

(b) to insure utmost respect, protection and fulfillment of the right to adequate,
freedoms and entitlements of all citizens, including those of the informal settlers;

i. the right to adequate housing contains the following freedoms, to wit:

1. Protection against forced evictions and the arbitrary destruction and
demolition of one’s home;
2. The right to be free from arbitrary interference with one’s home, privacy
and family; and
3. The right to choose one’s residence, to determine where to live and to
freedom of movement;
ii. the right to adequate housing contains the following entitlements, to wit:
1. Security of tenure or the guarantee of legal protection against forced
evictions, harassments and other threats;
2. Housing, land and property restitution;
3. Equal and non-discriminatory access to adequate housing which, at a
minimum, requires the following, to wit:

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 3.a. security of tenure;
3.b. availability of services, materials, facilities and infrastructure;
3.c. affordability;
3.d. habitability;
3.e. accessibility;
3.f. location;
3.g. cultural adequacy; and
4. Participation in housing-related decision-making at the national and
community level;

(c) to prevent, if not, to stop the hostility and violence arising from the Demolition
and/or Eviction of Underprivileged and Homeless Citizens; and

(d) to safeguard from hostility and violence, not only the affected Underprivileged and
Homeless Citizens but also the representatives of government agencies and police
personnel, involved in the Demolition and/or Eviction.

ARTICLE II
DEFINITION OF TERMS

Section 4. Definition of Terms. – As used in this Ordinance, the following terms shall
mean:

a) Administrative Order – refers to an order of Eviction and/or Demolition from the

administrative or government agencies with quasi-judicial functions involving the
Underprivileged and Homeless Citizens.

b) Board – refers to the Bislig City Local Housing Board

c) Court Order – refers to a writ of eviction and/or demolition issued by a court of

competent jurisdiction. This does not include orders or decisions of courts of
competent jurisdiction which merely grant or lift temporary restraining orders,
permanent or indefinite injunctions/prohibitions arising from actions filed relative to
initial Extra- judicial Eviction and Demolition orders as defined herein. Neither does
this include writs, orders and/or decisions of courts of competent jurisdiction that
do not involve Underprivileged and Homeless Citizens.

d) Danger areas – refer to areas which when occupied for residential purposes actually
pose danger to the life, safety and property of either the concerned residents or of
the general community. The danger is due to an unavoidable source of probable
harm to human life or well-being.

e) Demolition – refers to the dismantling by the Local Government Unit (LGU), any
legally authorized agency or personnel of the government of all structures within the
premises subject for clearing.

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f) Dwelling – refers to a self-contained unit of accommodation used by one or more
households as a home, such as a house, apartment, mobile home, or other
substantial structure.

g) Eviction – is the removal of persons and their belongings from a structure or area.

h) Extra-judicial or Administrative Eviction and/or Demolition – refers to the Eviction

of Underprivileged and Homeless Citizens and/or the Demolition of their dwellings
located in danger areas such as “esteros”, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, public places such as sidewalks, public
cemeteries, roads, parks and playgrounds; or the Eviction of Underprivileged and
Homeless Citizens and/or the Demolition of their dwellings because of government
instrastructure projects with available funding that are to be implemented by
national or local governments or any legally authorized government agency without
a need of a court order pursuant to Section 28(a) and (b) of the UDHA.

i) Forced Eviction – is the permanent or temporary removal against their will of

individuals, families and/or communities from the homes and/or land which they
occupy, without the provision of and access to appropriate forms of legal or other
protection. Forced eviction does not include evictions carried out in accordance
with law.

j) Government funded infrastructure project – refers to a government initiated

project for purposes of enhancing, introducing or adding to the local or national
infrastructure, such as the interrelated web of roads, highways, public buildings,
socialized housing projects, public utilities, flood control projects and the like.

k) Illegal Squatting – refers to groups or individuals who engage in professional

squatting or in the business of squatter housing, land grabbing and selling of public
lands

l) On-going construction – refers to the actual, present, and new construction of

structure herein defined. It does not include the renovation or repair of the
structure already constructed or finished prior to the effectivity of this Ordinance.

m) Police Assistance – refers to the peacekeeping and law enforcement support of the
PNP during the conduct of Demolitions and/or Evictions.

n) Professional Squatters – refer to the individuals or groups who occupy lands

without the express consent of the landowner and who have sufficient income for
legitimate housing. The term shall also apply to persons who have previously been
awarded home lots or housing units by the Government but who sold, leased or
transferred the same to settle illegally in the same place or in another urban area,
and non-bonafide occupants and intruders of lands reserved for socialized housing.
The term shall not apply to individuals or groups who simply rent land and housing
from professional squatters or squatting syndicates.

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o) Proponent – refers to the party requesting for Police Assistance, i.e., national
government department, agency, institution or local government, or its duly
authorized representative

p) Public lands – all lands not privately owned, including, but not limited to, forest and
timber lands.

q) Registered landowner – refer to the owner of the land whose name appears in the
land title registered in the appropriate Registry of Deeds.

r) Security of Tenure – the guarantee of legal protection against forced evictions,

harassments and other threats;

s) Squatting Syndicate – refers to groups of persons engaged in the business of

squatter housing, land grabbing and selling of PUBLIC lands for profit or gain.

t) Structure – refers to all types of building, improvement, residential unit, wall, fence,
and other structures of similar character or nature which are adhered to the soil but
shall not included trees, plants, and growing fruits, and other fixtures that are mere
superimpositions on the land.

u) Summary eviction and demolition – refers to the eviction accomplished through a

simplified legal procedure, without the formalities of a formal trial; refers to the
immediate dismantling of new illegal structure by the LGUs or government agency
authorized to conduct demolition activities and to the immediate removal of
professional squatters and members of squatting syndicates pursuant to Section 27
and 30 of the UDHA.

v) UDHA – is the acronym for Urban Development and Housing Act of 1992 or RA No.
7279

w) Underprivileged and Homeless Citizens – refers to beneficiaries of the UDHA and to

individuals or families residing in urban or urbanizable areas whose income or
combined household income falls within the poverty threshold as defined by the
National Economic and Development Authority (NEDA) and who do not own house
facilities. This shall include those who live in makeshift dwelling units and do not
enjoy security of tenure.

PART II – COMMON PROVISIONS

ARTICLE III
ANTI-SQUATTING TASK FORCE

Section 5. Section 2 of Ordinance No. 2015-03 shall now read as follows, to wit:

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 “Section 2. Composition. – The Bislig City Local Housing Board which shall
likewise act as the Anti-Squatting Task Force shall be composed of the following:

Chairman – City Mayor

Vice-Chairman – President, Association of Barangay Captains
Secretariat/Action Officer – Dept. Head of the City Planning and Development
Office

Regular Members:
1. Chairperson of the Sangguniang Panlungsod Committee on Urban Planning;
2. City Planning and Development Coordinator;
3. City Engineer;
4. One (1) representative from the Presidential Commission for the Urban Poor;
5. One (1) representative of a duly accredited People’s Organization (PO) to be
appointed by the City Mayor;
6. One (1) representative from Bislig City Chamber of Commerce and Industry
Foundation, Inc.;

Honorary Members:
1. Chairperson, Committee on Peace and Order;
2. Chairperson, Committee on Good Government, Public Ethics and
Accountability and Laws, Justice and Human Rights.
3. Chief of Police, Philippine National Police;
4. One representative from National Housing Authority (NHA);
5. Regional Director, Department of Public Works and Highways;
6. Local Operations Officer, DILG;
7. City Officer, Philippine National Red Cross;
8. Head, Community Environment and Natural Resources Office;
9. Department Head, City Environment and Natural Resources Office;
10. Department Head – City Legal Office
11. Department Head – City Social Welfare and Development Office
12. Department Head – City Assessor’s Office;
13. President, Association of Barangay Captain (ABC President);”

Section 6. Section 3 of Ordinance No. 2015-03 shall read as follows, to wit:

“Section 3. POWERS AND FUNCTIONS OF THE BISLIG CITY HOUSING BOARD.

– As the sole clearing house for eviction and demolition activities concerning
informal settlers in danger areas, public places and government projects, the Bislig
City Housing Board shall exercise the following powers and functions :

a. Formulate or localize the eviction/demolition rules and regulations,

including the following:

1. Adopt necessary measures to identify and effectively curtail the

activities of professional squatters and squatting syndicates, including
the name of public officials and/or private individuals or companies
allowing, abetting or tolerating the commission of the act;

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 2. Provide assistance to the victims of professional squatters/syndicates
and make available a consolidated list of squatting syndicates and
professional squatters;

3. File the necessary charges against professional squatters and

squatting syndicates before the court or Prosecutor’s Office;

4. Conduct investigation involving illegal activities of professional

squatters and squatting syndicates and recommend appropriate
actions on the same to the Sangguniang Panlungsod;

5. Monitor demolition and eviction activities, whether voluntary, extra-

judicial, summary or court-ordered; hence, it shall draw up and
establish its monitoring system; and

6. Provide assistance to Barangay concerned in the conduct of eviction

and demolition of illegal dwelling and structures;

b. Require the proponent of an eviction and demolition, i.e., national

government department, agency, institution or local government, or its
duly authorized representative, to first secure from the Board the
Checklist, Guidelines and Eviction and Demolition Compliance Certificate
prior to the actual implementation thereof and, thereafter, to submit to
the Board the completed Checklist, attested to under oath by the
proponent and indicating that:
1. Adequate consultation with the affected families were undertaken;
2. Adequate resettlement site and relocation facilities are made
available; and
3. The provisions of Section 3, paragraph 1 of the Implementing Rules
and Regulations of Section 28 of Republic Act No. 7279 (Pre-
relocation) have been complied with;

c. Based on the completed Checklist, and subject to further verifications,

issue an Eviction and Demolition Compliance Certificate on a proposed
eviction and demolition;

d. Formulate policies on how to effectively implement and localize within the

city the compliance of developers of proposed subdivision projects to be
required twenty percent (20%) Socialized Housing counterparts of
developers as mandated by R.A. 7279, otherwise known as the Urban
Development and Housing Act of 1992;

e. Formulate policies and guidelines on application for exemptions of fees

for community associations involved in the acquisition of lands for the
underprivileged and homeless subject to the provisions of R.A. 7279;

f. Formulate polices as to the creation and management of the Socialized

Housing Fund;

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 g. Formulate policies and guidelines as to the identification, blacklisting and
prosecution of squatters; and

h. Perform other functions which are necessary, inherent and implied to

realize the objective of this ordinance.”

Section 7. Sections 4 up to 10 of Ordinance No. 2015-03, cited hereunder for clarity,

coherence and full appreciation, shall remain effective and unamended, thus:
“Section 4. SESSIONS AND QUORUM OF THE BISLIG HOUSING BOARD AND
THE COMMITTEES. – The Bislig City Housing Board shall regularly meet once every
quarter. Special sessions shall be called as maybe deemed necessary upon the call
of the Chair. The presence of a majority of its members shall constitute a quorum.
Each working committee shall meet at least once every quarter or as the need
arises.
“Section 5. THE ACTION OFFICER AND ITS FUNCTIONS. – The Action Officer of
the Bislig City Housing Board shall be the Department Head of the City Planning
and Development Office who shall be responsible on all administrative and
supervisory functions as may be provided for and allowed by laws, rules and
regulations.
“The Action Officer, within thirty (30) days from issuance of the appropriate
Executive Order, shall recommend to the City Mayor/Chairperson the issuance of
memoranda needed to ensure the attainment of the goals and objectives of the
Bislig City Housing Board.
“Section 6. THE SECRETARIAT AND ITS FUNCTIONS. – There shall be
Secretariat in the Board whose main function is to maintain and safe keep all the
records and assist the Board and its committees in their functions, to be composed
of Three (3) members from the City Planning and Development Office, to be
designated by the Board upon the favorable recommendations of the office head.
The program and projects of the Local Housing Board as mandated by
Republic Act 7279 shall be implemented by the City Planning and Development
Office. The budgetary requirements shall be embedded within the budget of the
City Planning and Development Office.
“Section 7. LOGISTICS. – The honorarium of all the members of the Board and
the secretariat, subject to the existing laws, rules and regulation regarding receipt
of honoraria and all other expenses needed and incurred in connection with this
endeavor shall be provided in the Annual Budget of the City Planning and
Development Office.
“Section 8. REPEALING CLAUSE. – All orders, memoranda, rules and
regulations, or any part or parts hereof, inconsistent with the provisions of this
Ordinance are hereby revoked or modified accordingly.
“Section 9. SEPARABILITY CLAUSE. – If for any reason a provision of this
Ordinance is declared invalid or unconstitutional, all other provisions hereof not
affected thereby shall continue to be in full force and effect.
“Section 10. EFFECTIVITY CLAUSE. – This Ordinance shall take effect ten (10)
days after its publication in a local newspaper of general circulation in the city.”

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 Section 8. Honorarium. – Members of the Anti-Squatting Task Force shall receive an
honorarium of not less than P1,000.00 per attendance during monthly meetings which should
not be less than P1,000.00 per session, which should not be more than

ARTICLE IV
APPLICATION FOR AN EVICTION AND DEMOLITION COMPLIANCE CERTIFICATE

Section 9. Eviction and Demolition Compliance Certificate; Mandatory – Every

proponent of an extrajudicial eviction and demolition, whether administrative or summary,
shall, prior to actual eviction and demolition, secure a Compliance Certificate from the Board.

Section 10. Application Process. – The process of applying for the said certificate shall
be as follows:

1. Filling up of appropriate certificate of compliance application form:

a. In the case of administrative eviction and demolition involving the underprivileged

and homeless, the proponent shall obtain from the Board, the proper application
form for certificate of compliance and submit the same together with the required
documents as listed in the appropriate Checklist at least fifteen (15) days prior to the
actual conduct of eviction and demolition.

b. In the case of a summary eviction and demolition, the proponent shall likewise
obtain an application for certificate of compliance. Provided, that the said
application shall be submitted at least seven (7) working days prior to the conduct of
the same, pursuant to the rules on summary demolitions. However, in the event
that the affected persons are found to be among those subject to administrative
eviction or demolition, the Board shall immediately inform the proponent and
require the proper application for certificate of compliance.

c. In the case of voluntary eviction and demolition, the proponent shall obtain from
the Board, the proper application for certificate of compliance and submit the same
together with the required documents as listed in the appropriate Checklist at least
fifteen (15) working days prior to the actual conduct of eviction and demolition.

2. Determination of sufficiency of form and substance –

a. If the application is sufficient in form and substance, the Board, upon verification,
approve the application, issues the proper certificate of compliance and notifies the
proponent.
b. If, however, the application is incomplete in form and substance, the Board informs
the proponent and the latter has to comply with the deficiency within ten (10)
working days from notification, with the exception of a summary eviction and
demolition which shall be complied with within three (3) working days from
notification.

3. Issuance of certificate of compliance; content. – The certification shall indicate the name
of the proponent, the purpose and location of the area applied for eviction and
demolition, a statement of compliance to the pertinent rules covering the eviction or
demolition applied for, an authorization or approval for the rendering of police
assistance, validity period, the date of issuance, and the authorized signature.
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 In the event that the deficiency is not complied with within the periods mentioned
herein, the proponents shall be required to re-apply for a new compliance certificate.
In cases where the Board issues a certification or the proponent has already complied
with the deficient requirements for application and thus acquired a certification, the
eviction and demolition proceed as a matter of course.

ARTICLE V
EXEMPTION CLAUSE

Section 11. When Compliance Certificate Not Required. – The compliance certificate
requirement shall not cover court-ordered evictions and demolitions. As such, the concerned
courts or their officers shall not be required to apply for compliance certifications, pursuant to
Section 2 of the Implementing Guidelines of Executive Order No. 152, s. 2002.

ARTICLE VI
MANDATORY SAFEGUARDS DURING EVICTION OR DEMOLITION

Section 12. Conditions for Eviction or Demolition. – In case eviction or demolition is

deemed necessary as a measure of last resort, the following safeguards are mandatory and
must be strictly complied with, to wit:

a. Notice upon the affected persons or entities at least thirty (30) days prior to the date
of eviction or demolition;

b. The Anti-Squatting Task Force shall send a formal written letter-request for police
assistance to the Regional Director of the PNP at least ten (10) days prior to the schedulred dae
of the Demolition and/or Eviction with the following attachments, to wit:

i. A certified true copy of the relevant Court Order or Administrative Order

and/or certified true copy of the Certificate of Compliance (COC) on
Demolition or Eviction issued by the Chairman of the Local Housing Board
pursuant to the DILG Memorandum Circular No. 2008-143;

ii. A certified true copy of the Anti-Squatting Task Force’s formal letter request
for assistance addressed to the Philippine Commission for the Urban Poor
(PCUP) Regional/Field Office or PCUP Head Office, marked as “Received”; and

iii. Other pertinent information in support of the request.

c. Conduct of Pre-Demolition Conference;

d. All persons taking part in the summary eviction or demolition must wear Proper
uniforms and identification cards during the demolition or eviction;

e. The Barangay Public Safety Officers (BPSO) and police officers in proper uniform
from the nearest police station shall be deployed in the area to maintain peace and order who

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should occupy the first line of law enforcement, and observe proper disturbance control
procedure;

f. Presence of any members of Anti-Squatting Task Force, Officials or representative of

the Barangay Concerned and City Official;

g. Eviction or demolition may be executed only during regular office hours from
Mondays to Fridays and during inclement weather and disasters, unless the affected families
consent otherwise; and

h. No heavy equipment shall be used for the demolition, except for structures that are
permanent and made of concrete materials.

ARTICLE VII
PRE-DEMOLITION CONFERENCE

Section 13. The Pre-Demolition Conference. – To effect the implementation of

Demolition and/or Eviction activities, the following procedures shall be complied with, thus:

a. Upon receipt of the formal letter request, the PCUP shall within forty-eight (48)
hours, prepare and serve Notices of the Pre-Demolition Conference to the following:
DILG, PNP, Department of Social Welfare and Development (DSWD), National
Housing Authority (NHA), Commission on Human Rights (CHR), the Local Housing
Board of the LGU authorized to cause the Demolition or Eviction, representatives of
the affected families, landowner (in case of privately owned property), the
Proponent, the relevant Court or agency issuing the Demolition/Eviction Order, and
other concerned government agencies;

b. The Pre-Demolition Conference shall be convened and conducted by the PCUP at

least thre (3) days or seventy-two (72) hours prior to the scheduled date of
Demolition and/or Eviction. Nothing herein shall prevent the PCUP from convening
the Pre-Demolition Conference even before the receipt of requests for assistance
mentioned under Article IV Section 8(b), such as if the Proponent presents the PCUP
with a copy of a demand to vacate or other similar documents;

c. The PCUP shall preside over the Pre-Demolition Conference and may call on the
assistance of other agencies as necessary;

d. Before the conference commences, PCUP shall certify that the Notices of Pre-
Demolition Conference were served, through the accepted modes of service, to all
the concerned parties mentioned in Section 9(a);

e. The relevant government agencies and interested parties served with Notices of Pre-
Demolition Conference shall be listed and their presence and/or absence shall be
duly noted. This shall form an integral part of the records of the Pre-Demolition
Conference;

f. The following topics shall form part of the agenda to be discussed during the Pre-
Demolition Conference proper:
1. Project or case brief;

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 2. Review of Section 28 of RA No. 7279;
3. PNP Operational Procedures;
4. Roles and participation of LGU and other government agencies;
5. The designation of the appropriate Person-In-Charge during the actual conduct
of Demolition and/or Eviction;
6. Designation of the PNP Officer-In-Charge of the maintenance of peace and order
during the actual operations;
7. Information or updates on police intelligence activities which may affect the
orderly and peaceful implementation of the eviction and/or demolition;
8. Availability of the documents submitted to the PNP for verification;
9. Deliberate Plan of Action of the PNP;
10. Other issues and concerns of the affected families, participating agencies and
other stakeholders;

g. The designated DILG representative of the City shall serve as the secretariat of the
Pre-Demolition Conference. He/She shall be responsible for recording and
documenting the entire proceedings.
h. Police Assistance shall be provided only upon compliance of all the requirements
stated in Section 28 of the UDHA and procedures stated in the preceding sections.

ARTICLE VIII
AUTHORIZED POLICE ASSISTANCE

Section 14. Authorized Police Assistance; Requisites. –A proponent of eviction and

demolition may be provided with duly authorized police assistance only upon prior compliance
with the statutory requirements under Section 27, 28 and 30 of Republic Act No. 7279 and their
implementing rules and regulations, checklist and compliance certificate requirements, or with
the written notice requirement when applicable, as certified or authorized by the Board.

Section 15. Process for Police Assistance Request. – Before police assistance is provided
to the Proponent, the following processes shall be observed:

a. The Proponent shall make a formal letter request for police assistance to the Chief
PNP at the PNP National Headquarters for requests for Police Assistance with the
Regional Director at the PNP Regional Office at least ten (10) days prior to scheduled
date of the Demolition and/or Eviction;

b. The following documents shall be attached to the formal letter request:

1. A certified true copy of the relevant Court Order or Administrative Order and/or
a certified true copy of the Certificate of Compliance (COC) on Demolition or
Eviction issued by the Chairman of the Local Housing Board pursuant to the DILG
Memorandum Circular No. 2008-143; and

2. A certified true copy of the Proponent’s formal request for assistance addressed
to the Philippine Commission for the Urban Poor (PCUP) Regional/Field Office or
PCUP Head Office, marked as “Received”; and

3. Other pertinent information in support of the request.

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 Section 16. Police assistance in court-ordered demolition; When allowed. – In case of
court-ordered demolition, police assistance shall only be allowed under the following
circumstances:

1. In pursuance of any court order specifying police action or assistance;

2. In any case or event where voluntary eviction and dismantling of structures are
agreed upon, in writing, by the concerned parties, and approved by the Board;

3. In the case of a local infrastructure project where police assistance is approved, in

writing, by the duly authorized official of the Board;

4. In the case of a national infrastructure project. Provided, however, that the duly
authorized official of the Board level has approved the same in writing; and

5. In any other case of eviction and demolition where police assistance is necessary to
preserve peace and order. Provided, however, that the duly authorized official of
the Board has approved the same in writing

Section 17. Police assistance in court-ordered demolition; Circumstances when Board

approval is not necessary. – For purposes of the above, Board approval is not necessary in the
following instances, thus:

a. A written request by the sheriff for police assistance in the implementation of a court
order or writ with certified copies of the said order or wit annexed therein shall
suffice for the police to render assistance without further need of obtaining the
approval of the Board; or

b. In lieu of the approval of the Board, the concerned PNP Officer shall merely inform
the Board in writing of the date of eviction and demolition at least three (3) days
prior to the actual conduct of the same. The written notice shall contain copies of
the sheriff’s request for police assistance, the order or writ to be implemented and
other pertinent documents.

In any of the circumstances specified above, the members of the PNP tapped to provide
police assistance must be in proper uniform and in appropriate cases, carry with them the
necessary documents supporting the provision of police action or assistance.

The provisions of the above notwithstanding, the request for police assistance shall still
be subject to the pertinent guidelines and regulations of the Philippine National Police.

ARTICLE IX
REPORTORIAL REQUIREMENTS

Section 18. Required Reports. – The Punong Barangay concerned and the City Engineer
shall submit a Joint Activity Report to the Office of the City Mayor, briefly stating the vital
information and the circumstances surrounding any demolition and/or eviction activity/ies.

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 Further, Punong Barangays will submit quarterly report to the Anti-Squatting Task Force
on the progress and problems encountered in the administration and enforcement of this
Ordinance making the necessary comments and/or recommendations therefor;

ARTICLE X
SANCTIONS FOR VIOLATIONS

Section 19. Sanctions for Omission, Misrepresentation or Fraud. – Failure to comply

with the statutory requirements as stated hereinabove, or any act of misrepresentation or
fraud in connection with any information contained in any verification report or any application
for certificate of compliance or in securing the same, shall subject the government officials or
employees responsible for such omission, misrepresentation or fraud to:

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

2. Prosecution under the penalty clause of Republic Act No. 7279, thus:

Section 45. Penalty Clause. – Any person who violates any provision
of this Act shall be imposed the penalty of not more than six (6) years of
imprisonment or a ne of not less than Five Thousand Pesos (P5,000) but not
more than One Hundred Thousand Pesos (P100,000), or both, at the
discretion of the court xxx .

PART III –ADMINISTRATIVE EVICTION AND DEMOLITION

ARTICLE XI
GROUNDS FOR EVICTION AND/OR DEMOLITION

Section 20. Administrative Evictions and Demolitions; Grounds. – Administrative

evictions and/or demolitions are allowed only under the following situations, to wit:

(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. – see Section 28 of the
Urban Housing and Development Act (UHDA)

ARTICLE XII
CONSULTATION REQUIREMENT

Section 21. Requisite Consultation. – No eviction and demolition shall be implemented

without adequate consultation with affected residents which requires the following, to wit:

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 1. Effective dissemination of relevant information and documents including but not
limited to land records, housing budgets, the proposed project, alternative housing
options, comprehensive resettlement plans, etc.;

2. Reasonable time for the public to review, comment and object to the proposed plan
or project;

3. Provision of legal, technical, and other advice to affected persons about their rights
and options by the government and/or non-government organizations;

4. Public hearing(s) that provide(s) affected persons and their advocates with
opportunities to challenge the eviction and decision and/or to present alternative
proposals and to articulate their demands and development priorities; and

5. In case no agreement is reached on the proposals of concerned parties, an

independent body having constitutional authority, such as a court of law, should
mediate, arbitrate or adjudicate as may be appropriate.

ARTICLE XIII
RELOCATION

Section 22. Mandatory Relocation. – Other than in cases of summary evictions and
demolition, the following shall be observed in all cases of evictions and demolitions, to wit:

1. No eviction or demolition should ensue without the provision of an adequate

relocation;

2. In case of eviction or demolition, efforts should be exerted for on-site relocation or in-
city transfer;

3. Informal settlers who accept a “balik probinsya” offer should be closely monitored bby
the concerned government agencies and assisted by the receiving local government;

4. Relocation should conform with the following minimum conditions and standards:
a. Basic services and facilities should be available for informal settlers in the
relocation site. Such basic services and facilities should include:
i. Potable water;
ii. Power and electricity;
iii. Sewerage facilities and an adequate solid waste disposal system;
iv. Access to primary roads and transportation facilities;
b. Education for the relocating children should not be disrupted by reason of
relocation;
c. Relocated informal settlers should not be deprived of employment and livelihood
opportunities;

5. To promote the general well-being of the resettled families, adequate social services
in health, nutrition, education, responsible parenthood, environmental sanitation,
etc., should, as far as possible, be provided in the resettlement sites jointly or under
the auspices of cooperating agencies such as, but not limited to, the Department of

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 Education, the Department of Health, the Department of Social Welfare and
Development, and non-government organizations.

6. To generate employment and income opportunities for the relocated families, the
resettlement project should act as a conduit for the families to avail of manpower
training and livelihood program through sustained networking and resource
syndication activities.

7. Under Article 29, paragraph 1 of the Universal Declaration of Human Rights, everyone
has duties to the community in which alone the free and full development of his
personality is possible. Persons who have accepted relocation, benefits and the like
are duty bound to abide with the terms and conditions of their relocation agreement.

PART IV – CASES SUBJECT FOR SUMMARY EVICTION

ARTICLE XIV
PROHIBITED ACTS

Section 23. Prohibited Acts. – It shall be unlawful for any person or group of persons
who:

a. Despite having sufficient income for legitimate housing, occupy public lands or
privately-owned lands without the express consent of the landowner. This covers
the following scenarios, to wit:

i. With the use of force, intimidation or threat, stealth or strategy, occupies or

possesses a privately-owned property against the will of its owner for dwelling or
business or any other purpose/s;

ii. Taking advantage of the absence or tolerance of the owner of a private land,
constructs and/or builds any structures therein without the express
consent/approval of the owner thereof and the necessary permit duly issued by
the Office of the Building Official;

Individuals or groups who simply rent land and housing from professional squatters
or squatting syndicates are not covered under this prohibition.

b. Having been previously granted or awarded with lands or home lots, or housing
units by the government whether local or national, but subsequently sold, leased or
transferred the same and settle illegally in the same place or in another urban area;

c. Are non-bonafide occupants and/or intruders of lands which are previously certified
by the City as reserved for socialized housing; and

d. Engage in the business of squatter housing, land grabbing and selling of PUBLIC
lands.

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 ARTICLE XV
PENALTIES

Section 24. Penalties. – For purposes of this Ordinance, any and all violation of this part
of the Ordinance shall be meted the following fines and penalties:

1. For paragraphs a, b, c and d of section 23, the imposable penalty shall be fine of
not less than five thousand pesos (5,000.00) or one (1) year imprisonment or both, at the
discretion of the court. Violators shall likewise be disqualified from availing of the benefits for
legitimate relocations.

2. For Barangay Officials especially the Barangay Captain who prepared and grant
the Barangay Construction Clearance and/or Waiver to the informal settlers allowing them to
occupy/build structures in the PUBLIC LAND and (suggested by For. Rosalyn C. Pantaleon, MEM,
Zoning Officer II) who directly or indirectly permit professional squatters or members of
squatting syndicates to occupy public or privately owned lands or allow, abet or otherwise
tolerate the construction of any structure in violation of the preceding section within their
territorial or administrative jurisdiction shall be meted with administrative sanctions as
provided for in the Administrative Code of 1987, R.A. 6713 otherwise known as the Code of
Conduct and Ethical Standards for Public Officials and Employees; R.A. 3019 of the Anti-Graft
and Corrupt Practices Act; R.A. 7279 or the Urban Development and Housing Act of 1992, after
the observance of substantive and procedural due process provided by law; and

3. For registered landowners, juridical personalities/public utilities through their

officers who directly or indirectly permit professional squatters or members of squatting
syndicates to occupy privately owned lands or allow the availment of public utility services such
as electricity and water supply within their territorial or administrative jurisdiction shall be
penalized in accordance with existing laws after the observance of substantive and procedural
due process the law so provides.

ARTICLE XVI
BARANGAY MANDATE

Section 25. Mandate of Punong Barangays and Barangay Task Force of Illegal
Structures and Informal Settlers. – All Punong Barangays are hereby mandated to prohibit
informal settling and putting up of illegal structures along public and privately owned lots and
summarily evict all persons engaged in any construction of any structure within the territorial
jurisdiction of the Barangay concerned, without the express consent of the registered
landowner and the necessary permit from the city government and to demolish such structure
as necessary pursuant to Republic Act No. 7279;

Pursuant to this, Punong Barangays are ordered to create the Barangay Task Force on
Illegal Structures and Informal Settlers which would assist the office of the Punong Barangay to
monitor and investigate any activities of professional squatters and squatting syndicates, and
the construction of illegal structures and dwellings;

ARTICLE XVII
SUMMARY EVICTION AND DEMOLITION

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 Section 26. Self-Demolition and Removal of Valuable Things. – Upon discovery of
receipt of a complaint or report of the on-going illegal construction of dwelling or structure, the
Office of the Punong Barangay concerned or the Office of the Building Official shall, motu
proprio, conduct an investigation and summon the owner or builder of the structure to appear
in person within 36 hours from receipt of hereof. And, if evidence so warrants, the Office
concerned shall notify the owner/builder of the illegal structure to dismantle it, and to vacate
the premises and bring with him all his valuable, materials and debris within three (3) days from
receipt of notice.

Section 27. Additional Mandatory Conditions for Summary Eviction and/or

Demolition. – In case of non-compliance with the provisions of the immediately preceding
paragraph, summary eviction and demolition shall be executed jointly by the barangays
concerned and Anti-Squatting Task force without need of a court order. In the implementation
thereof, the following MANDATORY CONDITIONS, aside from those provided in Section 8
hereof, except as to the notice requirement, must be observed , to wit:

a. The Anti-Squatting Task Force and/or the barangay council through a resolution find
grounds for and recommend summary eviction of professional squatters/syndicates;
or demolition of illegal construction of dwellings or structures;

b. The dwelling or structure is constructed or built in the land not owned by the builder
or owner of the materials;

c. The construction of the dwelling or structure is without the consent/approval of the

owner of the land or home lot;

d. The construction of the dwelling or structure has no necessary permit issued by the
City Government;

e. The construction of the dwelling or structure is ON-GOING or newly constructed;

f. Notice upon the owner of the materials or builders at least three days prior to the
date of eviction and demolition;

Section 28. Confiscation of Materials. – Construction materials of the demolished

structure shall be confiscated in favor of the barangay should the owner thereof fails to claim
the same within a period of three (3) days after the conduct of demolition.

PART V – BUDGETARY ALLOCATION

ARTICLE XVIII
FISCAL MATTERS

Section 29. Annual Allocation. – As provided under Section 6 of City Ordinance No.
2015-03, the program and projects of the Local Housing Board as mandated by Republic Act
7279 shall be implemented by the City Planning and Development Office. The budgetary
requirements shall be embedded within the budget of the City Planning and Development
Office.

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 For purposes of supplies, food, transportation, honoraria and other related expenses for
the Anti-Squatting Task Force (also known as the Bislig City Local Housing Board), there shall be
provided an annual allocation of not less than ONE MILLION PESOS (P1,000,000.00), subject to
COA and Accounting rules and regulations.

Section 30. Trust Fund. – A trust fund shall be created solely for the purpose of this
Ordinance.

a. The Bislig City Local Housing Board Trust Fund shall be created and maintained at
the Treasurer’s Office to provide additional financial and/or material aid to the city’s
urban development and housing programs and projects.

b. To this Bislig City Local Housing Board Trust Fund shall be paid/deposited all
payments from existing housing projects such as Core Shelter 1 and 2, donations
from individuals or institutions, earnings from income-generating activities and
projects undertaken by the Bislig City Local Housing Board and/or Anti-Squatting
Task Force, and savings from externally-funded activities.

c. This Bislig City Local Housing Board Trust Fund shall be managed by Trustees that by
resolution shall approve disbursements for full and exclusive assistance to city’s
urban development and housing programs and projects and shall require annual
audit of the same. The Trustees shall include:

1) City Mayor – Chairman

2) City Social Welfare Development – Vice-Chairman
3) City Planning and Development Officer – Member
4) SP Committee Chair for Urban Planning and Development
5) City Treasurer – Member

PART VI – MISCELLANEOUS PROVISIONS

ARTICLE XIX
MISCELLANEOUS PROVISIONS

Section 31. Separability Clause. – If for any reason a provision of this Ordinance is
declared invalid or unconstitutional, all other provisions hereof not affected thereby shall
continue to remain in full force and effect.

Section 32. Repealing Clause. – All ordinances, rules and regulations, or parts thereof, in
conflict with or inconsistent with the provisions of this ordinance are hereby repealed or
modified accordingly.

Section 33. Effectivity Clause. – This Ordinance shall take immediately after its approval
by the Sangguniang Panlungsod.

Enacted by the ____ Sangguniang Panlungsod, City of Bislig on its ____ Regular Session
held on ____ day of ____________, 2018.

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 ANNEXES – FORMS
ANNEX A-1 – APPLICATION FOR CERTIFICATE OF COMPLIANCE
FOR ADMINISTRATIVE DEMOLITION AND EVICTION

ANNEX A-2 – APPLICATION FOR CERTIFICATE OF COMPLIANCE

FOR SUMMARY DEMOLITION AND EVICTION

ANNEX B – VERIFICATION REPORT

ANNEX C-1 – CERTIFICATE OF COMPLIANCE ON DEMOLITION

(SECTION 28, UDHA)

ANNEX C-2 – CERTIFICATE OF COMPLIANCE ON DEMOLITION

(SECTION 27, UDHA)

TYPES OF EVICTION AND/OR DEMOLITION:

A. VOLUNTARY
B. EXTRAJUDICIAL
1. ADMINISTRATIVE
2. SUMMARY
C. JUDICIAL (WITH COURT ORDER)

CITY ORDINANCE NO. ______________

ORDINANCE MANDATING BARANGAY RECORD-KEEPING OF ITS INHABITANTS
IN BISLIG CITY, PROVIDING FUNDS THEREFOR AND FOR RELATED MATTERS

WHEREAS, Section 394(d)(6) of RA No. 7160, otherwise known as the Local Government
Code of 1991, as pointed out in DILG MC No. 2005-69 and reiterated in DILG MC No. 2008-144,
mandates that the barangay secretaries should maintain, update and keep records of
inhabitants in their respective barangays.

WHEREAS, the maintenance and updating of the list of inhabitants is necessitated by

the call of the times and the need to formulate an efficient system of keeping the records of
inhabitants in all the barangays throughout the city.

NOW, THEREFORE, --

BE IT ORDAINED, by the Sangguniang Panlungsod of the City of Bislig in session duly

assembled that:

Section 1. Short Title. – This Ordinance shall be called the “Record of Barangay
Inhabitants Ordinance of Bislig City”.

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 Section 2. Objectives. – The record-keeping of inhabitants is necessary for the following
purposes, to wit: (1) easy identification of inhabitants; (2) for planning; and (3) as updated
references in the number of inhabitants in a specific barangay.

Section 3. Coverage. – This Ordinance shall cover all barangay inhabitants in the City of
Bislig.

For individuals, new barangay inhabitants aged fifteen (15) and above shall accomplish
RBI Form B in two copies, one copy shall be retained by the individual barangay inhabitant and
the other copy shall be kept on record by the Barangay Secretary.

For households, RBI Form A shall be accomplished in two (2) copies by the household
head, one copy shall be retained by the household head and the other copy shall be kept on
record by the Barangay Secretary.

Section 4. RBI Forms; How to Fill Up. – The information contained in the Records of
Barangay Inhabitants (RBI) should include the name, address, place and date of birth, sex, civil
status, citizenship and occupation of said inhabitants.

The instructions on how to accomplish the Record of Barangay Inhabitants (RBI) by

Household as well as the RBI Form A and RBI Form B are attached hereto as Annexes “A”, “B”
and “C”, respectively, and are made integral parts hereof;

Section 5. Periodical Update of RBI Forms. – There shall be a regular updating every six
(6) months of Records of Barangay Inhabitants (RBI) by the Barangay Secretary.

Section 6. RBI Form Access; Limitation. – The Barangay shall ensure that the right to
privacy will be observed in the process of maintaining and updating records of all inhabitants of
the barangay. For this purpose, they shall adopt measures such as, but not limited to, the
following, to wit:

(a) The data to be recorded and stored, which shall be used only for the purpose of
establishing the identity of a person. RBI Form A (Household Record of Barangay
Inhabitants) and RBI Form B (Individual Record of Barangay Inhabitant) shall be used
as the data capture instruments.
(b) In no case shall the collection or compilation of other data in violation of a person’s
right to privacy be allowed or tolerated under this Ordinance;
(c) Stringent systems of access and control to data shall be instituted;
(d) Data collected and stored for this purpose shall be kept and treated as strictly
confidential and a personal written authorization of the Owner shall be required for
access and disclosure of data;
(e) Any correction or revision in the inhabitant’s record shall be done only when a
written a written request from the Owner is obtained;
(f) The Chief of Police and Local Civil Registrar may, from time to time, be allowed to
verify the records kept by the Barangay Secretary, when circumstances warrant.

Section 7. City RBI Task Force. – The City RBI Task Force shall be headed by the City
Mayor with members composed of the local civil registrar, the city President of the Liga ng mga
Barangay, the DILG Officer assigned in the city and two (2) other members to be designated by
the Mayor. It shall be the function of the City RBI Task Force to ensure that the barangays are
compliant with the requirements of this Ordinance.

The City RBI Task Force shall make sure that all barangays in Bislig City are provided with

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the necessary RBI Forms, the printing of which shall be chargeable against local funds. For this
purpose, there shall be an annual allocation of the amount of One Million Pesos
(P1,000,000.00), the disbursement of which shall be subject to accounting rules and
regulations.

Section 8. Barangay RBI Task Force. – To facilitate the updating of records of barangay
inhabitants, the Barangay Secretary shall be assisted by a Task Force to be created by the
Punong Barangay. The Barangay RBI Task Force shall be responsible for the house to house
distribution of RBI Forms A & B and retrieval of the same.

Section 9. Penalty. – Failure to comply with the requirements under this Section will
subject the responsible official/s to the following administrative sanctions, thus:

(a) First Offense – Public Reprimand;

(b) Second Offense – Fine of P1,000; and
(c) Third and Subsequent Offenses – Fine of P5,000.

Section 10. Separability Clause. – If for any reason a provision of this Ordinance is
declared invalid or unconstitutional, all other provisions hereof not affected thereby shall
continue to remain in full force and effect.

Section 11. Repealing Clause. – All ordinances, rules and regulations, or parts thereof, in
conflict with or inconsistent with the provisions of this ordinance are hereby repealed or
modified accordingly.

Section 12. Effectively Clause. – This Ordinance shall take affect take effect immediately
after its approval by the Sangguniang Panlungsod.

Enacted by the ____ Sangguniang Panlungsod, City of Bislig on its ____ Regular Session
held on ____ day of ____________, 2018.

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