QuestionsQuestions (MEMORANDUM ORDER NO. 57)
It cites Article II, Section 5 of the 1987 Constitution, emphasizing that peace and order, protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment of the blessings of democracy.
It cites Article II, Section 9 of the 1987 Constitution, directing the State to promote a just and dynamic social order that ensures prosperity, independence, and frees the people from poverty through social services, employment, and improved quality of life.
It invokes Article XIII, Section 9, requiring a continuing program of urban land reform and housing to provide affordable decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas, while respecting rights of small property owners.
It states that urban or rural poor dwellers shall not be evicted nor their dwelling demolished except in accordance with law and in a just and humane manner; and no resettlement shall be undertaken without adequate consultation with them and the communities where they are to be relocated.
Section 28, in conjunction with Section 29 of RA 7279 (UDHA), which provide that LGUs, in coordination with the NHA, shall implement relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places.
It includes esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places.
It directs the Secretary of the Interior and Local Government to immediately spearhead the transfer of informal settler families (ISFs) living in danger and high-risk areas to decent housing sites, and pave the way for clearing clogged waterways, pursuant to DILG’s mandate under RA 6975 and EO 262, and the UDHA.
It requires DILG to coordinate with LGUs, the Presidential Commission for the Urban Poor (PCUP), NHA, and other relevant government agencies.
It cites Section 4 of EO No. 262 (s. 1987), as amended, stating DLG assists the President in general supervision over local governments, and Section 5 of RA No. 6975 stating DILG continues DLG’s powers and functions.
It anchors the transfer/relocation of ISFs in danger areas to the statutory framework of the UDHA, particularly the LGU-NHA coordination for relocation and resettlement in specified danger areas.
It states the administration’s thrust includes prioritizing safety when reassigning residential locations after clearing clogged waterways, and providing refuge through better housing with access to public transport.
The Constitution requires adequate consultation with the affected urban/rural poor dwellers and the communities where they will be relocated; the Memorandum Order’s relocation efforts must therefore comply with this mandate.
It means the directive became legally effective upon issuance without waiting for publication in a later date, subject to the general rules on effectivity of presidential issuances.
Because the danger areas (e.g., waterways prone to flooding or contamination, railroad tracks, garbage dumps) pose threats to personal safety and property; relocation is framed as a means to protect those constitutional interests.
It aims to clear clogged waterways by reassigning residents from areas that contribute to or are affected by clogged drainage/waterways, thereby improving public safety and welfare.
It is an executive issuances directing implementation and coordination among agencies; it cannot repeal statutes, but it operationalizes existing legal mandates—especially those under RA 7279 (UDHA), EO 262, and RA 6975.