Law Summary
Purpose and Scope of the Guidelines
- These Guidelines regulate requests for police assistance in demolition and eviction activities affecting Underprivileged and Homeless Citizens.
- They apply regardless of whether the request is based on a court order or an administrative order (including summary or extrajudicial evictions/demolitions).
Objectives of the Guidelines
- To prevent or stop hostility and violence during demolition or eviction.
- To protect not only the affected underprivileged and homeless but also government representatives and police personnel involved.
Definitions of Key Terms
- Administrative Order: Eviction or demolition orders issued by administrative/quasi-judicial government agencies.
- Court Order: Writs issued by competent courts specifically for eviction/demolition; excludes temporary restraining orders, injunctions, or cases not involving underprivileged and homeless.
- Danger Areas: Locations unfit for residential purposes due to serious risk to life or property such as esteros, railroads, dumps, riverbanks, public spaces.
- Demolition: Dismantling of structures by LGUs or authorized government agencies.
- Eviction: Removal of persons and belongings from premises.
- Extrajudicial Eviction/Demolition: Eviction or demolition in danger areas or for government infrastructure projects without court orders, pursuant to Sections 28(a) and (b) of UDHA.
- Government Funded Infrastructure Project: Government-initiated projects improving infrastructure like roads, housing, utilities, flood control, etc.
- Police Assistance: Peacekeeping and law enforcement support by the Philippine National Police (PNP) during demolitions/evictions.
- Proponent: Party requesting police assistance.
- Summary Eviction/Demolition: Immediate removal/dismantling of illegal structures or professional squatters under Sections 27 and 30 of UDHA.
- Underprivileged and Homeless Citizens: UDHA beneficiaries or those below poverty threshold without secure tenure or ownership residing in urban/urbanizable areas.
Police Assistance Request Procedures
- Proponent must submit a formal letter to the Chief PNP (NCR) or relevant PNP Regional Director (outside NCR) at least ten (10) days before the scheduled demolition/eviction.
- Attachments required:
- Certified true copy of the Court Order or Administrative Order.
- Certified copy of the Certificate of Compliance on Demolition/Eviction by the Local Housing Board.
- Certified copy of Proponent's request letter to PCUP.
- Other supporting documents.
Pre-Demolition Conference (PDC) Procedures
- PCUP must issue notices within 48 hours to concerned agencies and parties including DILG, PNP, DSWD, NHA, CHR, Local Housing Board, affected families, landowners, proponents, and courts/agencies involved.
- PDC is convened at least 72 hours before demolition/eviction date.
- PCUP presides and can invite other agencies as needed.
- Certification of notice service is required before the conference.
- Attendance and absence of notified parties are recorded and become part of official records.
- Key agenda items include project brief, legal requirements under UDHA, PNP operational procedures and plans, roles of agencies, designation of persons in charge, police intelligence updates, documentation verification, and issue discussions.
- DILG representative acts as secretariat, responsible for documentation.
- Police assistance is granted only after fulfillment of all UDHA requirements and prescribed procedures.
Separability Clause
- Invalidity or unconstitutionality of any provision does not affect other provisions which remain effective.
Effectivity
- Guidelines take effect 15 days after publication in a newspaper of general circulation.