QuestionsQuestions (PCUP)
The Guidelines cite Section 10, Article XIII of the 1987 Constitution, which provides that urban and rural poor dwellers shall not be evicted nor their dwellings demolished except in accordance with law and in a just and humane manner.
Republic Act No. 7279 (Urban Development and Housing Act of 1992), particularly Section 28.
Executive Order (EO) No. 152 as amended by EO No. 708.
Police assistance applies to requests affecting underprivileged and homeless citizens through (1) a Court Order, or (2) an Administrative Order (summary or extra-judicial evictions/demolitions).
A “Court Order” is a writ of eviction/demolition issued by a court of competent jurisdiction; it excludes orders that merely grant or lift temporary restraining orders or injunctions/prohibitions related to initial extra-judicial orders, and excludes writs/orders/decisions not involving underprivileged and homeless citizens.
It refers to eviction/demolition of underprivileged and homeless citizens (and/or their dwellings) in danger areas (e.g., esteros, railroad tracks, garbage dumps, riverbanks/shorelines/waterways, and public places like sidewalks/roads/parks) or due to government infrastructure projects with available funding, implemented without need of a court order pursuant to Section 28(a) and (b) of RA 7279.
To prevent (and if not, stop) hostility and violence arising from demolition/eviction, and to safeguard affected citizens as well as government representatives and police personnel involved.
The Proponent is the party requesting police assistance. Before police assistance is provided, the Proponent must make a formal letter request to the appropriate PNP office and attach required documents, among other requirements.
At least ten (10) days prior to the scheduled date of the demolition and/or eviction.
To the Chief PNP at PNP National Headquarters for requests in NCR; to the relevant Regional Director at the PNP Regional Office for requests outside NCR.
(1) A certified true copy of the relevant Court Order or Administrative Order and/or a certified true copy of the Certificate of Compliance (COC) on Demolition or Eviction issued by the Chairman of the Local Housing Board; and (2) a certified true copy of the Proponent’s formal letter request to PCUP (marked “Received”).
PCUP shall, within forty-eight (48) hours, prepare and serve the Notices of the Pre-Demolition Conference to the listed agencies and stakeholders.
At least three (3) days or seventy-two (72) hours prior to the scheduled date.
PCUP presides over the conference. The designated DILG representative of the City/Municipality serves as the secretariat.
No. Police Assistance is provided only upon compliance with all requirements in Section 28 of RA 7279 and the procedures stated in the Guidelines, including the Pre-Demolition Conference compliance.
The agenda includes: project/case brief; review on Section 28 of RA 7279; PNP operational procedures; roles of LGU and other agencies; designation of PNP/LGU person-in-charge; police intelligence updates; availability of documents for PNP verification; PNP deliberate plan of action; and other issues/concerns of affected families and stakeholders.
The Guidelines take effect fifteen (15) days after publication in a newspaper of general circulation.