Question & AnswerQ&A (PCUP)
The guidelines are titled 'Guidelines on Requesting for Police Assistance in Demolition or Eviction Activities under the UDHA.'
These guidelines apply to requests for police assistance in demolition or eviction activities affecting underprivileged and homeless citizens, whether through a Court Order or an Administrative Order (including summary or extra-judicial evictions and demolitions).
Section 10, Article XIII of the 1987 Constitution 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.
Section 28 of Republic Act No. 7279 (Urban Development and Housing Act of 1992) prescribes certain requirements that must be complied with in the execution of demolition and/or eviction.
A certified true copy of the relevant Court Order or Administrative Order and/or a certified true copy of the Certificate of Compliance on Demolition or Eviction issued by the Local Housing Board; a certified true copy of the proponent's formal letter request addressed to the PCUP; and other pertinent supporting information.
The Pre-Demolition Conference serves to convene all stakeholders to discuss the demolition or eviction plans, ensure compliance with legal requirements, resolve issues, and promote peaceful implementation before actual demolition or eviction takes place.
The PCUP (Presidential Commission for the Urban Poor) shall preside over the Pre-Demolition Conference.
Extra-judicial eviction and demolition refer to evictions and demolitions of underprivileged and homeless citizens residing in danger areas (such as esteros, railroad tracks, public places) or due to government infrastructure projects with funding implemented without the need of a court order pursuant to Section 28 of the UDHA.
Police assistance refers to the peacekeeping and law enforcement support provided by the Philippine National Police (PNP) during the conduct of demolitions and evictions.
The proponent must make a formal written request for police assistance at least ten (10) days prior to the scheduled date of demolition or eviction.
The objectives are to prevent or stop hostility and violence arising from demolitions and evictions and to safeguard affected underprivileged and homeless citizens, government representatives, and police personnel involved in these activities.
Topics include project brief, review of Section 28 of RA 7279, PNP operational procedures, roles of LGU and agencies, designation of persons-in-charge, police intelligence updates, verification of submitted documents, PNP plan of action, and concerns of affected families and stakeholders.
The PCUP must prepare and serve notices of the Pre-Demolition Conference to all relevant parties including DILG, PNP, DSWD, NHA, CHR, Local Housing Board, affected families' representatives, landowner, the proponent, and others concerned.
These guidelines take effect fifteen (15) days after their publication in a newspaper of general circulation.