social housing is assessed, changes every semester. Between 2006 and
2012 NEDA’s poverty threshold in the NCR has changed from PHP6,703 per
month to PHP9,385 per month in terms of household income.81 The urban
poor cannot be responsible for assessing this income on their own and
determining their eligibility status or automatically knowing that their
income is within limits prescribed by government, which are formal,
complex and changeable. Before any action against such individuals can
take place, there should be evidence that:
(a) the relevant family has been previously assessed for eligibility for
social housing;
(b) the relevant family’s income was higher than the eligibility threshold;
(c) the relevant family was made aware that they were ineligible;
(d) on the basis of their ineligibility the relevant family was precluded
from applying for social housing for a fixed time period; and
(e) during that period the relevant family settled and/or constructed a
new dwelling in an informal settlement.
Only after an enquiry has taken place and evidence of these facts been
confirmed should individuals be penalised for any act relating to squatting.
iii. Those determined to have breached any of the anti-squatting provisions
should never be made permanently ineligible for housing support. The law
could prescribe a fixed period of ineligibility as a form of punishment.
However, as household incomes fluctuate, affected families’ household
income may in the future fall below the required threshold and they could
potentially be rendered homeless without any access to housing support,
which is in breach of standard 3.12.
iv. Any families deemed in breach of these provisions should never be subject
to summary evictions. All affected persons must receive full appeals and
due process rights, regardless of whether they have complied with the
eligibility criteria.
81
National Statistics Coordination Board, 2012 First Semester Official Provincial Poverty Statistics of the Philippines, 2013, available at
<http://www.nscb.gov.ph/poverty/data/1stsem_2012/2012OfficialPovertyStatistics.pdf>, p. viii.
46 Human Rights in the Rubble