Purpose, policy, and intent
- Executive Order No. 152, series of 2002 designated the Presidential Commission for the Urban Poor (PCUP) as the sole clearing house for demolition and eviction activities involving homeless and underprivileged citizens.
- Executive Order No. 152, series of 2002 granted the PCUP powers to ensure strict compliance with humane and just requirements under the Urban Development and Housing Act of 1992.
- Executive Order No. 708 implements the policy of local autonomy and decentralization by devolving functions to LGUs with territorial jurisdiction over the proposed demolition and eviction activities.
Devolution of clearinghouse functions
- Section 1 devolves the PCUP’s clearinghouse functions stated in Section 1 of Executive Order No. 152, series of 2002 to the respective cities and municipalities where the proposed demolition and eviction activities will occur.
- The devolved clearinghouse functions apply to demolition and eviction activities of government agencies undertaken within the LGU’s territorial jurisdiction.
- The LGU becomes the primary actor for the local clearing process associated with the proposed demolition and eviction activities.
Local Housing Boards requirement
- Section 2 requires LGUs to create their own Local Housing Boards or any similar body.
- LGUs must create the board or similar body through an appropriate ordinance.
- LGUs must establish this board or similar body before conducting the devolved clearinghouse functions granted under Executive Order No. 708.
DILG ordinance guidelines and PCUP assistance
- Section 3 orders the Department of Interior and Local Government (DILG) to issue the necessary guidelines for LGUs to enact ordinances creating Local Housing Boards or similar bodies.
- The DILG guidelines must be issued within six (6) months from the effectivity of Executive Order No. 708.
- Section 3 directs the PCUP to assist LGUs in enacting the ordinances within the same six (6) months, in whatever capacity it can provide.
PCUP residual functions and continuing role
- Section 4 provides that the PCUP continues with its monitoring and reporting functions.
- Section 4 provides that all clearinghouse functions, including the issuance of notices and clearances to affected families, become the primary responsibility of the concerned Local Government Unit.
- Section 4 preserves PCUP authority: the powers and functions mentioned in subsections 4 to 11 of Section 1 and Section 9 of Executive Order No. 152, series of 2002 remain with the PCUP.
Revocation of inconsistent issuances
- Section 5 revokes, amends, or modifies all other orders, issuances, or portions that are inconsistent with Executive Order No. 708.
Operational takeaway for LGUs
- LGUs must exercise devolved clearinghouse authority for proposed demolition and eviction activities occurring within their territorial jurisdiction.
- LGUs must first establish a Local Housing Board (or similar body) through ordinance to conduct these clearinghouse functions.
- The PCUP’s role becomes primarily monitoring and reporting, while specified residual powers continue under the referenced provisions of Executive Order No. 152, series of 2002.