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