Title
Devolution of PCUP's Demolition Roles to LGUs
Law
Executive Order No. 708
Decision Date
Feb 26, 2008
Executive Order No. 708 transfers the responsibility of handling demolition and eviction activities involving homeless and underprivileged citizens from the Presidential Commission for the Urban Poor (PCUP) to the Local Government Units (LGUs), requiring them to create their own Local Housing Boards to carry out these functions.

Policy and purpose statement

  • Executive Order No. 708 is anchored on the policy of local autonomy and decentralization.
  • Executive Order No. 708 aims to devolve the functions and mandate of the Presidential Commission for the Urban Poor (PCUP).
  • The devolved functions are to be exercised by the LGUs that have territorial jurisdiction over the proposed demolition and eviction activities of government agencies.
  • Executive Order No. 708 is intended to implement the earlier framework where the PCUP served as the clearing house for just and humane demolition and eviction of the homeless and underprivileged.

Clearinghouse devolution to LGUs

  • Section 1 devolves the clearinghouse functions of the PCUP under Section 1 of Executive Order No. 152 (series of 2002) to the respective cities and municipalities.
  • The devolved clearance functions cover the proposed demolition and eviction activities of government agencies.
  • The LGU exercises the devolved functions within its territorial jurisdiction over the proposed activities.
  • The devolution makes the LGU the primary clearinghouse for these demolition and eviction activities in its area.

Local Housing Boards required

  • Section 2 requires each Local Government Unit (LGU) to create its own Local Housing Boards or any similar body.
  • The creation of the board or similar body must be done through an appropriate ordinance.
  • Section 2 makes the Local Housing Board creation a prerequisite before conducting the devolved clearinghouse functions granted by Executive Order No. 708.
  • The board/similar body is the LGU mechanism for performing the devolved clearinghouse role.

DILG ordinance guidelines and PCUP assistance

  • Section 3 directs the Department of the Interior and Local Government (DILG) to issue the necessary guidelines for LGU enactment of ordinances creating Local Housing Boards or similar bodies.
  • Section 3 sets a deadline of six (6) months from the effectivity of Executive Order No. 708 for DILG to issue these guidelines.
  • Section 3 requires the PCUP to assist LGUs in enacting the ordinances.
  • Section 3 limits the period of PCUP assistance to the same six (6) months.

PCUP residual functions and continuing powers

  • Section 4 requires the PCUP to continue its monitoring and reporting functions.
  • Section 4 provides that all clearinghouse functions are the primary responsibility of the concerned Local Government Unit.
  • Section 4 explicitly places issuance of notices and clearances to affected families under the primary responsibility of the concerned LGU.
  • Section 4 preserves specific PCUP powers by stating that the powers and functions in subsections 4 to 11 of Section 1 and Section 9 of Executive Order No. 152 (series of 2002) remain with the PCUP.
  • Section 4 keeps the PCUP’s remaining role centered on monitoring and reporting, while leaving the clearinghouse front-end work to the LGU.

Consistency, revocation, amendment, and effect

  • Section 5 revokes, amends, or modifies all other orders, issuances, or portions thereof that are inconsistent with Executive Order No. 708.
  • Section 6 confirms that Executive Order No. 708 takes immediate effect upon issuance.

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