Designation of the Presidential Commission for the Urban Poor (PCUP) as Sole Clearing House
- PCUP is designated as the exclusive government body responsible for overseeing demolitions and evictions involving homeless and underprivileged citizens.
- PCUP's key powers and functions include:
- Monitoring all evictions and demolitions, whether extra-judicial or court-ordered.
- Requiring proposing agencies and local government units to secure from PCUP relevant checklists, guidelines, and compliance certificates before proceeding.
- Verifying that affected families have been consulted, adequate resettlement is provided, and pre-relocation requirements are met.
- Issuing compliance certificates upon verification.
- Investigating violations motu proprio or upon complaint.
- Filing criminal, civil, or administrative cases against violators.
- Recommending sanctions against government officials violating the law.
- Requesting assistance and information from other government agencies.
- Publicizing investigation outcomes prudently and fairly.
- Administering oaths, issuing subpoenas, and adopting operational guidelines and rules.
Delegation of Functions to PCUP Regional Officials
- PCUP may delegate functions related to demolition and eviction to regional officials for purely regional or local concerns.
Role of the National Urban Poor Sectoral Council (NUPSC)
- NUPSC is deputized as the civilian monitoring arm of PCUP at the local level.
- NUPSC reports compliance or violations directly to PCUP.
- PCUP shall provide technical, administrative, and financial support to NUPSC and similar organizations subject to resource availability.
Police Assistance Requirements
- Police assistance in eviction or demolition activities is only authorized upon:
- Compliance with Section 28 of RA 7279 and PCUP's checklist and compliance certificates.
- Police role limited to peace-keeping and law enforcement, excluding participation in actual eviction or demolition.
- Police assistance allowed only under specific circumstances:
- Pursuant to a court order specifying police action.
- When voluntary dismantling has been agreed upon and approved by PCUP.
- For local infrastructure projects, with written PCUP regional/local approval.
- For national infrastructure projects, with written PCUP central office approval.
- Police personnel must be properly uniformed and carry supporting documentation when providing assistance.
Consequences for Non-Compliance with Checklist Requirements
- Failure to submit required checklists or submission of false checklists by demolition/eviction proponents subjects responsible government officials or local chief executives to disciplinary action under the Local Government Code (RA 7160) and other laws.
- Criminal and civil liability may also apply.
Sanctions for Unauthorized Demolitions or Police Assistance
- PCUP officials causing endorsements without completed or verified checklists, and police officers participating without PCUP authorization, face disciplinary actions and possible criminal/civil liabilities.
Cooperation of Government Agencies
- Various government entities (DILG, PNP, DSWD, DPWH, DOH, HUDCC, NHA) are mandated to fully cooperate with PCUP.
- These agencies must provide materials, data, and resources as needed for effective implementation.
Reporting Requirements
- PCUP must submit periodic status reports to the Office of the President through the Executive Secretary on compliance with this Order and related eviction, demolition, and relocation laws.
Funding
- The budgetary requirements for fulfilling the Order are to be provided through the PCUP's allocation in the General Appropriations Act.
Separability Clause
- Invalidity of any provision in this Order does not affect the validity of the other provisions.
Effectivity
- The Order becomes effective upon its publication in a national newspaper of general circulation.