CHAPTER 5
PHILIPPINE EVICTION AND RESETTLEMENT LAW AND POLICY
The institutional framework of housing administration in Metro Manila is established by
a legal regime of constitutive instruments, legislation, regulation and administrative
guidelines. These legal instruments are important evidence of the Philippines’ de jure
compliance with international human rights standards in relation to eviction and
resettlement. Generally, the framework offers strong protections for communities
facing eviction and resettlement, which has been identified by UN-HABITAT as ‘one of
the better examples of national legislation dealing with the discouragement of forced
evictions’. 57 Despite these positive hallmarks, some particular elements of this
protection regime need to be updated and enhanced to fully comply with international
standards. These elements are identified and analysed below.
5.1
Summary of Key Instruments
(a)
Constitution
Article 13 of the 1987 Constitution of the Philippines provides the foundation for laws
relating to housing and shelter for the underprivileged.
(b)
Legislation
i.
Republic Act No. 7160, The Local Government Code of 1991: to provide
autonomy to the territorial and political subdivisions of the Philippines.
ii.
Republic Act No. 7279, The Urban Development and Housing Act (UDHA)
of 1992: to provide for a comprehensive and continuing urban
development and housing programme and establish the mechanism for its
implementation.
iii. Republic Act No. 7835, The Comprehensive and Integrated Shelter and
Financing Act (CISFA) of 1994: to provide a shelter and urban development
financing programme.
57
UN-HABITAT, Housing Rights Legislation: Review of International and National Legal Instruments, 2002, pp. 46-47.
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