HUMAN RIGHTS STANDARDSHi
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In the event of an eviction or demolition from urban settlements, the
following mandatory safeguards under the Urban Development and Housing Actare
to be enforced:
(a) At least 30 days prior notice must be provided to affected persons prior to
eviction or demolition;
(b) Authorities responsible for evictions and demolitions must undertake genuine
consultations with designated representatives of families to be resettled and
affected communities in the areas to which resettlement will occur;
(c) Local governmentofficials must be present during all evictions and demolitions;
(d) All demolition crews mustbeidentified as such with uniformsorother markings;
(e) Evictions and demolitions may only take place during regular office hours and
during good weather, unless affected families consent otherwise;
(f)
Heavy equipment mustnotbe used, except for permanentstructures or concrete
materials; and
(g) Uniformed members of the Philippine National Police must be presentat all
evictions and demolitions as the first line of law enforcement and observe
disturbance control procedures**
The Commission considers that the Government’s enforcementof “no-build or nodwelling zones”effectively gives rise to an eviction underPhilippine law. The above
mandatory safeguardswill therefore be applicable”, regardless of whether affected
householdsstill maintain residencein their original dwellings.
40.
All concerned agenciesandlocal government units are remindedoftheir procedural
obligations under the Urban Development and Housing Act and urged to comply
with its terms during the implementation of any activities which facilitate removal
from or prevent return to areas classed as “no-build or no-dwelling zones”.
Conditions of Resettlement under Philippine Law
41,
The 1987 Constitution of the Philippines requires that resettlementof rural and urban
42.
The Urban Development and Housing Act requires that adequate relocation,
dwellers cannot be implemented until adequate consultation takes place with those to
be resettled and with the community to which theywill be resettled.”
57 Sec. 1(g), Implementing Rules and Regulations of Sec. 28 of Republic Act No. 7279, Urban Development and
Housing Act of 1992.
58 Sec. 28(1)-(7), Republic Act No. 7279, Urban Development and Housing Actof 1992.
59 Article XIII, Section 10, 1987 Consitution of the Philippines.