Constitutional and statutory policy basis
- Article II, Section 5 of the 1987 Constitution establishes State policy that the maintenance of peace and order, protection of life, liberty, and property, and promotion of the general welfare are essential.
- Article II, Section 9 of the 1987 Constitution establishes State policy to promote a just and dynamic social order to free the people from poverty through policies providing adequate social services, full employment, a rising standard of living, and improved quality of life.
- Article XIII, Section 9 of the 1987 Constitution mandates a continuing urban land reform and housing program in cooperation with the private sector to make available at affordable cost decent housing and basic services to under-privileged and homeless citizens in urban centers and resettlement areas, while respecting the rights of small property owners.
- Article XIII, Section 10 of the 1987 Constitution provides that urban or rural poor dwellers shall not be evicted nor their dwellings demolished except in accordance with law and in a just and humane manner, and that no resettlement shall be undertaken without adequate consultation with the affected dwellers and communities.
- The memorandum order anchors implementation on the Urban Development Housing Act of 1992 (RA No. 7279) provisions on relocation and resettlement in danger areas.
Core directive: transfer and clearing waterways
- The Secretary of the Interior and Local Government is directed to immediately spearhead the transfer of informal settler families (ISFs) living in danger and high-risk areas.
- The transfer must place ISFs to decent housing sites, as may be applicable.
- The directive must pave the way for the clearing of clogged waterways of cities, consistent with the stated Administration objectives.
- The directive must be implemented pursuant to the DILG mandate under RA No. 6975, the general supervision role under EO No. 262 (s. 1987), and the provisions of the UDHA.
- The memorandum order requires that the transfer exercise includes proper coordination among government agencies concerned to guarantee protection and well-being.
Legal framework for danger-area relocation
- Section 28, in conjunction with Section 29 of Republic Act No. 7279 (Urban Development Housing Act of 1992) provides that local government units (LGUs) implement relocation and resettlement of persons living in danger areas in coordination with the National Housing Authority (NHA).
- Danger and high-risk areas expressly include esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places.
- The relocation and resettlement responsibilities under RA No. 7279 operate within the broader constitutional limits on eviction and demolition in Article XIII, Section 10 and consultation requirements.
Institutional coordination and responsible agencies
- The DILG must coordinate with LGUs to pursue the transfer of ISFs to decent housing sites.
- The DILG must coordinate with the Presidential Commission for the Urban Poor (PCUP).
- The DILG must coordinate with the National Housing Authority (NHA).
- The DILG must coordinate with other relevant agencies of the Government.
- The memorandum order explicitly ties this coordination to enabling the clearing of clogged waterways and to ensuring ISF safety through properly reassigned residential locations.
Administration thrust and objectives
- The Administration thrust is to provide refuge to ISFs living in the listed danger or high-risk areas by providing better housing with access to public transport.
- The Administration thrust is to prioritize safety in properly reassigning residential locations after clearing clogged waterways of cities.
- The Administration thrust is to guarantee protection and well-being in the exercise by ensuring proper coordination among concerned government agencies.
- The memorandum order directs the DILG to carry out these objectives through the immediate spearheading of the ISF transfer.
Effect of applicable supervision and DILG powers
- Executive Order No. 262 (s. 1987), Section 4 (as amended) provides that the Department of Local Government (DLG) primarily assists the President in general supervision over local governments.
- Republic Act No. 6975, Section 5 provides that the Department of the Interior and Local Government (DILG) continues the powers and functions of the DLG.
- The memorandum order directs implementation of ISF transfer to proceed through the DILG’s supervisory mandate and its continuing institutional role under RA No. 6975 and EO No. 262.