Constitutional and statutory purpose
- Article XIII, Section 10 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 (Urban Development and Housing Act (UDHA) of 1992) requires compliance with requirements for demolition and/or eviction under Section 28.
- Executive Order (EO) No. 152, as amended by EO No. 708, recognizes the need to provide police assistance in demolition and eviction activities involving the underprivileged and homeless.
- The Guidelines are issued to clarify implementation of demolition and/or eviction activities conducted after a Pre-Demolition Conference (PDC).
- The Guidelines aim to prevent and, if not, stop hostility and violence arising from demolition and/or eviction of underprivileged and homeless citizens.
- The Guidelines aim to safeguard affected underprivileged and homeless citizens, and also representatives of government agencies and police personnel involved.
Scope, coverage, and who is covered
- The Guidelines apply to requests for Police Assistance in Demolition or Eviction activities affecting Underprivileged and Homeless Citizens.
- The covered requests are made through either (1) a Court Order, or (2) an Administrative Order (Summary or Extra-judicial Evictions and/or Demolitions).
- Police assistance covered by the Guidelines is for Demolition and/or Eviction operations involving the underprivileged and homeless.
- The Guidelines apply to demolition/eviction where police participation is requested for peacekeeping and law enforcement support.
Key definitions for interpreting rules
- Administrative order means an order of eviction and/or demolition from administrative or government agencies with quasi-judicial functions involving underprivileged and homeless citizens.
- Court Order means a writ of eviction and/or demolition issued by a court of competent jurisdiction and does not include court orders or decisions that merely grant or lift temporary restraining orders or grant permanent or indefinite injunctions/prohibitions arising from actions relating to earlier extra-judicial eviction and demolition orders.
- Court Order does not include writs, orders, and/or decisions of courts that do not involve Underprivileged and Homeless Citizens.
- Danger Areas are areas where residential occupation poses danger to life, safety, and property of residents or the general community due to an unavoidable source of probable harm.
- Demolition is the dismantling by an LGU, or any legally authorized government agency or personnel, of all structures within the premises for clearing.
- Eviction is the removal of a person and their belongings from a subject building, structure, or area, or both.
- Extra-judicial Eviction and Demolition refers to eviction and/or demolition of underprivileged and homeless citizens and/or demolition of their dwellings in Danger Areas and includes esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, public places such as sidewalks, public cemeteries, roads, parks and playgrounds.
- Extra-judicial Eviction and Demolition also covers eviction and/or demolition of dwellings due to government infrastructure projects with available funding implemented by national or local governments or any legally authorized government agency without a need of a court order pursuant to Section 28 (a) and (b) of the UDHA.
- Government funded infrastructure project means a government initiated project to enhance, introduce, or add to local or national infrastructure, including interrelated web of roads, highways, public buildings, socialized housing projects, public utilities, flood control projects and similar projects.
- Police Assistance is peacekeeping and law enforcement support of the PNP during demolitions and/or evictions.
- Proponent is the party requesting police assistance.
- Summary Eviction and Demolition is the immediate dismantling of new illegal structures by LGUs or authorized government agencies and the immediate removal of professional squatters and members of squatting syndicates pursuant to Sections 27 and 30 of the UDHA.
- Underprivileged and Homeless Citizens are UDHA beneficiaries and individuals or families in urban or urbanizable areas whose income or combined household income falls within the poverty threshold defined by NEDA and who do not own house facilities, including those in makeshift dwelling units without security of tenure.
Police assistance request: form, timing, attachments
- Police assistance is provided only after observing the required processes before the PNP renders assistance.
- The Proponent must file a formal letter request for police assistance to the Chief PNP at PNP National Headquarters for requests in the National Capital Region (NCR) or to the relevant Regional Director at the PNP Regional Office for requests outside NCR.
- The formal letter request must be filed at least ten (10) days prior to the scheduled date of demolition and/or eviction.
- The Proponent’s formal letter request must attach a certified true copy of the relevant Court Order or Administrative Order and/or a certified true copy of the Certificate of Compliance (COC) on demolition or eviction issued by the Chairman of the Local Housing Board pursuant to DILG Memorandum Circular No. 2008-143.
- The Proponent must attach a certified true copy of the Proponent’s formal letter request addressed to PCUP (PCUP Regional/Field Office or PCUP Head Office) marked as “Received”.
- The request must include other pertinent information in support of the request.
Pre-Demolition Conference (PDC) mechanics and approvals
- The Pre-Demolition Conference is the required process to effect demolition and/or eviction activities involving the need for police assistance.
- After receipt of the formal letter request, PCUP must prepare and serve Notices of the Pre-Demolition Conference within forty eight (48) hours.
- Notices must be served to: DILG, PNP, Department of Social Welfare and Development (DSWD), National Housing Authority (NHA), Commission on Human Rights (CHR), the Local Housing Board of the LGU authorized to cause demolition or eviction, representatives of the affected families, landowner (for privately owned property), the relevant Court or agency issuing the demolition/eviction order, and other concerned government agencies.
- The Pre-Demolition Conference must be convened and conducted by PCUP at least three (3) days or seventy-two (72) hours prior to the scheduled demolition and/or eviction date.
- PCUP may convene the Pre-Demolition Conference even before receipt of assistance-request requirements upon submission by the Proponent of documents such as a copy of a demand to vacate or similar documents.
- PCUP presides over the Pre-Demolition Conference and may call on other agencies as necessary.
- Before the conference starts, PCUP must certify that Notices were served using accepted modes of service to all parties listed under the PDC service requirement.
- The list of government agencies and interested parties served with Notices must be documented, including each party’s presence and/or absence, and that record forms part of the Pre-Demolition Conference records.
- The agenda must include: project or case brief; review on Section 28 of RA No. 7279; PNP Operational Procedures; roles and participation of LGU and other government agencies; designation of the appropriate Person-In-Charge during the actual conduct; designation of the PNP Officer-in-Charge for maintenance of peace and order; police intelligence updates affecting orderly and peaceful implementation; availability of submitted documents for PNP verification; PNP deliberate plan of action; and other issues and concerns of affected families, participating agencies, and stakeholders.
- The designated DILG representative of the City/Municipality serves as the secretariat and is responsible for recording and documenting the proceedings.
- Police assistance is provided only after compliance with all requirements stated in Section 28 of the UDHA and the procedures in the preceding sections.
Separability and continued validity
- If any provision of the Guidelines is held invalid or unconstitutional, all other provisions not affected continue to be valid and effective.