Title
Devolution of PCUP Demolition Functions to LGUs
Law
Executive Order No. 708
Decision Date
Feb 26, 2008
Gloria Macapagal-Arroyo's Executive Order No. 708 devolves the Presidential Commission for the Urban Poor's demolition and eviction functions to local government units, mandating them to establish Local Housing Boards and ensuring compliance with humane eviction practices.

Questions (EXECUTIVE ORDER NO. 708)

The law text is Executive Order No. 708 (26 February 2008). Its main purpose is to amend Executive Order No. 152 (s. 2002) and devolve the PCUP’s clearinghouse functions for demolition and eviction activities involving the homeless and underprivileged to the LGUs with territorial jurisdiction.

The Presidential Commission for the Urban Poor (PCUP)’s clearinghouse functions are devolved to the respective cities and municipalities that have territorial jurisdiction over the proposed demolition and eviction activities.

It assigns the responsibility to the city or municipality in whose territorial jurisdiction the proposed demolition and eviction activities of government agencies are to be undertaken.

Section 2 requires the LGU to create its own Local Housing Board or any similar body through an appropriate ordinance before conducting the clearinghouse functions.

The DILG must issue the necessary guidelines for the enactment of ordinances creating Local Housing Boards (or similar bodies) within six (6) months from the effectivity of the Executive Order.

Within the same six (6) month period, the PCUP must assist LGUs in enacting the ordinances creating Local Housing Boards or similar bodies, in whatever capacity it can provide.

No. It preserves PCUP’s residual functions, particularly its monitoring and reporting functions, and certain specific powers and functions under EO 152 (s. 2002).

PCUP retains its monitoring and reporting functions. Additionally, the powers and functions stated in subsections 4 to 11 of Section 1 and Section 9 of EO 152 (s. 2002) remain with PCUP.

The Local Government Unit concerned is the primary responsible entity for all clearinghouse functions, including issuance of notices and clearances to affected families.

Based on Section 4 and EO 152 (s. 2002) being referenced, clearinghouse functions include administrative actions tied to demolition and eviction procedures—especially issuance of notices and clearances to affected families—subject to remaining PCUP powers.

It emphasizes that PCUP’s original powers were to ensure strict compliance with the requirements of just and humane demolition and eviction under the Urban Development and Housing Act of 1992.

The law cites the established policy of local autonomy and decentralization as the reason to devolve PCUP functions to LGUs within whose jurisdiction demolition and eviction will occur.

Executive Order No. 708 amends Executive Order No. 152, series of 2002.

Section 5 states that all other orders, issuances, or parts thereof inconsistent with EO 708 are revoked, amended, or modified accordingly.

EO 708 takes effect immediately.

“Residual functions” refers to the remaining PCUP roles that were not devolved to LGUs—specifically its monitoring/reporting functions and certain enumerated powers and functions still retained under EO 152 (s. 2002).


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