Question & AnswerQ&A (EXECUTIVE ORDER NO. 152)
Section 10 of Article XIII of the 1987 Philippine 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, prescribes instances for lawful evictions and requirements for evictions involving homeless and underprivileged citizens.
The PCUP has the power to monitor all evictions and demolitions involving homeless and underprivileged citizens; require proponents to secure checklists, guidelines, and compliance certificates before demolition/eviction; issue compliance certificates; investigate violations motu proprio or upon complaint; file appropriate cases against violators; recommend measures to the President; request government assistance; publicize investigation results with prudence; administer oaths and subpoena witnesses; adopt operational guidelines; and perform other functions as provided by law or issuance.
The PCUP may properly delegate the performance of its functions related to regional or local concerns to its regional officials.
The NUPSC is deputized as the civilian arm of the PCUP for monitoring activities at the local level regarding compliance or violations of this Order's provisions. The NUPSC reports to the PCUP and may receive technical, administrative, and financial support to carry out monitoring.
Police assistance is authorized only when there is a court order specifying police action, voluntary dismantling agreed upon and approved by PCUP, or approved eviction demolitions for local or national infrastructure projects with written consent from the PCUP at the regional or central office respectively.
Failure to submit the required checklist or submitting a false or fraudulent checklist may subject the concerned government official or local chief executive to disciplinary action under Section 61 of RA 7160 (Local Government Code) and other applicable laws, without prejudice to criminal or civil actions.
They may be subjected to proper disciplinary action, and possibly criminal and civil actions, for endorsing demolition or eviction activities without the required checklist or for providing police assistance without prior PCUP authorization.
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 National Housing Authority (NHA) are called to cooperate fully with the PCUP.