34.
The Government must provide resettlement or access to alternative housing for
personsdisplaced as a result of forced evictions or preventative policies, such as “no.
build or no-dwelling zones”.** Resettlement must ensure safe and secure accessto:
(a) Essential food, potable water and sanitation;
(b) Basic shelter and housing;
(c) Appropriate clothing;
(d) Essential medical services;
(e) Livelihood sources;
(f) Fodder for livestock and access to common property resources previously
depended upon; and
(g) Education for children and childcarefacilities.”
35.
Since displacement should last no longer than required by the circumstances,”
access to permanent core housing shelters must be provided to persons subject to
relocation as soon as possible.
Safeguards Against and During Evictions under Philippine Law
36.
Bhi
Philippine law discouragesevictions and demolitions.°! The 1987 Constitution ofthe
Philippines states that evictions or demolitions are only permitted according to law
and in a just and humane manner.*~
The Urban Development and Housing Act establishes an exhaustive list of
circumstances in whichevictions and demolitions are permitted by law, whichis as
follows:
(a) When persons occupy “danger areas 953
,
(b) When governmentinfrastructure projects are about to be implemented;and
(c) Whenthereis a court order for eviction and demolition.>>
38.
As defined by the implementing rules and regulations of the Urban Development and
HousingActof 1992, “eviction” refers to the removal of personsandtheir belongings
from a structure or area*’ while “demolition” refers to the actual dismantling of
48
49
50
Para. 16, Committee on Economic,Social and Cultural Rights, General Comment No. 7 on the Right to Adequate
Housing (Forced Evictions).
Para. 52, UN-HABITAT and OHCHR Basic Principles and Guidelines on Development-Based Evictions and
Displacement.
Principle 6.3, UN Guiding Principles on Internal Displacement.
Sec. 28, Republic Act No. 7279, Urban Development and Housing Act of 1992
Article XIII, Section 10, 1987 Constitution of the Philippines.
5]
52
53 Sec. 28(a), Republic Act No. 7279,
54 Sec. 28(b), Republic Act No. 7279,
55 Sec. 28(c), Republic Act No. 7279,
56 Sec. 1(j), Implementing Rules and
Housing Act of 1992.
Urban Development and Housing Act of 1992.
Urban Development and Housing Act of 1992.
Urban Development and Housing Act of 1992.
Regulations of Sec. 28 of Republic Act No. 7279, Urban Development and