implementation of the Community Mortgage Programme,90 among other things. All of
these provisions require LGUs to perform a function ‘in coordination’ with other
agencies.
This style of statutory construction capacitates LGUs to misuse their powers under the
law. It allows inaction when the local government concerned sees it in their interests to
not comply with the law, while conferring a considerable measure of power in a variety
of different areas.
The DILG has been particularly active in recent years in circulating memoranda among
local government to promote compliance with the law in a variety of housing-related
areas, including with respect to compliance with the UDHA and advisories of the
Commission on Human Rights during the eviction and resettlement process. 91
However, the lack of enforceability of these instruments renders them ill equipped to
establish compliance among LGUs with the applicable legal and human rights
framework.
During consultations with government and civil society, many participants also raised
the issue of political influence within local government. The political interference in
local governance structures in the Philippines, and an absence of effective controls
over local decision-makers and administrators, has been well recognised. 92 In the
housing sector, this inhibits the efficiency of solutions for the urban poor. Some local
government officials are known to be sympathetic to the desire the urban poor to
construct settlements in their jurisdiction, notwithstanding their prohibition under the
legal framework, on the basis that these settlers will provide key votes in local
elections. The political basis for many of these opposing sympathies highlights the
inability of the present institutional structures to limit the political interference of local
decision-makers and enforce the overarching legal framework within local jurisdictions.
In certain respects, the decentralisation to local government in the institutional
infrastructure is a double-edged sword for the protection and promotion of human
rights. The framework provides local government ample independence to develop
innovative policies and mechanisms for the benefit of the urban poor and to promote
the enjoyment of human rights within its jurisdiction. Several notable instances exist
within the Philippines of local governments using their autonomy to provide positive
and participatory resettlement outcomes for the urban poor. An often-cited example
is the approach taken by the Naga City Government, which has adopted extensive
mechanisms within local housing institutions to mandate consultation, high standards
in social housing service delivery and grievance measures to promote access to
justice.93 Similar localised measures adopted by the Quezon City government were
recognised by national agencies during the government stakeholder consultation
undertaken by this review.
Importantly, the localisation of service delivery in housing and local implementation of
national programmes can operate to increase efficiency in the eviction and
89
Ibid, s. 30.
Ibid, s. 33.
91
See: Memoranda Circular Nos. 2010-31, 2010-134 and 2011-182 of the Department of Interior and Local Government.
92
For example, see: World Bank, Community-Driven Development and Accountable Local Government: Some Lessons from the
Philippines, 2009.
93
Asian Development Bank, Access to Justice for the Urban Poor: Towards Inclusive Cities, 2010, p. 52.
90
56 Human Rights in the Rubble