Recognition of Implementation Gaps
- Despite clear legal requirements, there have been numerous evictions and demolitions executed without compliance with Section 28 of RA 7279.
- There is a need for government intervention to ensure strict implementation of these provisions to protect the rights of disadvantaged sectors.
Designation of PCUP as Sole Clearing House
- The Presidential Commission for the Urban Poor (PCUP) is designated as the sole clearing house for demolition and eviction activities concerning homeless and underprivileged citizens.
- PCUP's powers include:
- Monitoring all evictions and demolitions, whether extra-judicial or court-ordered.
- Requiring proponents to secure checklist, guidelines, and compliance certificates before conducting demolitions or evictions.
- Issuing demolition and eviction compliance certificates based on verified checklists.
- Investigating violations of Section 28 of RA 7279 motu proprio or upon complaints.
- Filing criminal, civil, or administrative cases against violators.
- Recommending measures and administrative sanctions against violating government officials.
- Requesting information and assistance from other government agencies.
- Publicizing investigation findings with prudence and fairness.
- Administering oaths, issuing subpoenas, and taking testimonies during investigations.
- Establishing operational guidelines consistent with existing laws.
Delegation to Regional Officials
- PCUP may delegate its functions to its regional officials for matters involving regional or local concerns.
Deputization of NUPSC for Local Monitoring
- The National Urban Poor Sectoral Council (NUPSC) is deputized as the civilian arm of PCUP for local monitoring of eviction and demolition activities.
- NUPSC reports directly to PCUP and may receive technical, administrative, and financial support subject to resource availability.
Police Assistance Conditions
- Police assistance to demolition and eviction proponents is authorized only after compliance with statutory and PCUP checklist requirements.
- Police assistance is strictly limited to peace-keeping and law enforcement; it does not include participation in actual eviction or demolition.
Specific Circumstances for Police Involvement
- Police may assist in:
- Court-ordered enforcement.
- Voluntary dismantling agreed in writing and approved by PCUP.
- Local infrastructure projects with regional PCUP approval.
- National infrastructure projects with PCUP Central Office approval.
- Police officers must be in proper uniform and carry documentation for authorized assistance.
Penalties for Non-compliance with Checklist
- Failure by demolition or eviction proponents to submit checklists or submission of fraudulent checklists may result in disciplinary action under the Local Government Code and other applicable laws.
- Separate criminal or civil actions may also be instituted.
Penalties for Unauthorized PCUP and Police Actions
- PCUP officials endorsing demolition or eviction without completed or verified checklists face disciplinary measures.
- Police officers participating without PCUP authorization are subject to disciplinary, criminal, and civil liabilities.
Interagency Cooperation
- Government agencies including DILG, PNP, DSWD, DPWH, DOH, HUDCC, and NHA are mandated to cooperate fully with PCUP.
- Agencies must provide necessary data, materials, and resources to ensure effective implementation.
Reporting Requirement
- PCUP is required to submit periodic reports to the Office of the President via the Office of the Executive Secretary on compliance with this Order and related legal provisions.
Funding
- Funding for implementing the Order is to be included in the PCUP’s budget under the General Appropriations Act.
Separability Clause
- If any provision is declared invalid, such invalidation does not affect the remaining provisions.
Effectivity
- The Order takes effect upon publication in a newspaper of general circulation.