Question & AnswerQ&A (EXECUTIVE ORDER NO. 152)
The Presidential Commission for the Urban Poor (PCUP) is designated as the sole clearing house for the conduct of demolition and eviction activities involving homeless and underprivileged citizens.
Section 10 of 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.
Republic Act No. 7279, also known as the Urban Development and Housing Act (UDHA) of 1992, outlines the instances where evictions may be undertaken and the legal requirements for such evictions.
Proponents must attest under oath via a checklist that (a) adequate consultations with affected families have been undertaken, (b) adequate resettlement sites and relocation facilities are available, and (c) pre-relocation requirements under the Implementing Rules and Regulations of RA 7279 Section 28 have been complied with.
PCUP can monitor all evictions and demolitions, require checklists and compliance certificates before demolition, investigate violations motu proprio or upon complaint, file criminal, civil or administrative cases, and recommend enforcement measures including administrative sanctions.
The NUPSC is deputized as the civilian arm of the PCUP to conduct monitoring activities at the local level and report directly to the PCUP regarding compliance or violations of the Order's provisions.
Police assistance is authorized only if there is a court order specifying police action, voluntary dismantling agreed in writing and approved by PCUP, approval by the PCUP regional or central office for local or national infrastructure projects, and is limited to peace-keeping and law enforcement, not actual participation in eviction.
Failure or submission of a false checklist will subject concerned officials to disciplinary action under Section 61 of the Local Government Code and other laws, and may also lead to criminal or civil actions.
They will be subject to proper disciplinary actions and may also face criminal or civil liability for acting without completed checklists or prior authorization from the PCUP.
The Department of the Interior and Local Government (DILG), Philippine National Police (PNP), Department of Social Welfare and Development (DSWD), Department of Public Works and Highways (DPWH), Department of Health (DOH), Housing and Urban Development Coordinating Council (HUDCC), and the National Housing Authority (NHA) are called upon to cooperate fully with the PCUP.
The PCUP is required to submit periodic reports to the Office of the President, through the Office of the Executive Secretary, regarding compliance with the Order and relevant laws on eviction, demolition, and relocation.
Police assistance is limited strictly to peace-keeping and law enforcement and does not include participation in the actual eviction or demolition activities.