evictions are prima facie incompatible with international human rights standards. However, evictions are permitted by section 28 in the following circumstances: i. ‘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’; ii. ‘When government infrastructure projects with available funding are about to be implemented’; and iii. ‘When there is a court order for eviction and demolition.’ Section 28 also provides the following detailed requirements that must be met: i. ‘Notice upon the effected [sic] persons or entities at least thirty (30) days prior to the date of eviction or demolition’; ii. ‘Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated’; iii. ‘Presence of local government officials or their representatives during eviction or demolition’; iv. ‘Proper identification of all persons taking part in the demolition’; v. ‘Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise’; vi. ‘No use of heavy equipment for demolition except for structures that are permanent and have concrete materials’; vii. ‘Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures’; and viii. ‘Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgement by the court, after which period the said order shall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned’. 34  Human Rights in the Rubble

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