DRAFT ORDINANCE

CITY/ MUNICIPAL ORDINANCE NO. 2020 -____

AN ORDINANCE CREATING THE LOCAL COMMITTEE AGAINST

PROFESSIONAL SQUATTERS AND SQUATTING SYNDICATES OF THE
CITY/MUNICIPALITY OF __________, DEFINING ITS COMPOSITION,
POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES

WHEREAS, Section 27 of Republic Act No. 7279, otherwise known as

“The Urban Development and Housing Act of 1992” mandates all local
government units, in cooperation with the Philippine National Police (PNP),
the Presidential Commission for the Urban Poor (PCUP), and the accredited
urban poor organization in the area, to adopt measures to identify and
effectively curtail the nefarious and illegal activities of professional squatters
and squatting syndicates (PSSS);

WHEREAS, pursuant to the said mandate, the Department of the

Interior and Local Government (DILG) issued Memorandum Circular No.
2012-04, entitled “Creation of Local Committees and/or Similar Bodies
Against Squatting Syndicates and Professional Squatters” which requires all
local government units (LGUs) to create their local committees and/or
similar bodies to adopt the necessary measures to identify and effectively
curtail the activities of PSSS;

WHEREAS, the inter-agency committee (IAC) on the National Drive

Against Professional Squatters and Squatting Syndicates (NDAPSSS) as
instituted under Executive Order No. 153, Series of 2002, has coordinated
with the City/Municipality of ______________ in the creation of a local
committee against PSSS and has committed to assist (the LGU) in the
identification, investigation and prosecution of cases involving PSSS;

NOW, THEREFORE, be it ordained, as it is hereby ordained by the

Sangguniang Bayan / Panlungsod in session assembled, That:

SECTION I. CREATION. - There is hereby created a “Local

Committee Against Professional Squatters and Squatting Syndicates”
(hereinafter referred to as the “LCAPSSS”) of the City / Municipality of
__________________________.

SECTION II. COMPOSITION. - The LCAPSSS shall be headed by the

City/Municipal Mayor, and shall be composed of, but not limited to, the
following members:

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 1. The local chief of the PNP with permanent alternate;

2. The City/Municipal Planning and Development Coordinator

with permanent alternate;

3. The PCUP with permanent alternate;

4. The President of the PCUP-accredited urban poor organization

with permanent alternate;

5. The representative of the Department of Human Settlements

and Urban Development (DHSUD);

6. The President of the Liga ng mga Barangay;

7. The Local Housing Officer or its equivalent;

8. Sanggunian Chairman for Housing Committee

9. City/Municipal Legal Officer; and

10.A representative from the private sector to be chosen by the

above members.

SECTION III. SECRETARIAT. - The Mayor will designate a

Secretariat who will be responsible in coordinating the conduct of the
committee meetings/activities and shall maintain records and documents
including minutes and deliberations of the committee.

SECTION IV. POWER AND FUNCTIONS. - The LCAPSSS shall have

the following powers and functions:

1. Adopt the necessary measures to identify and effectively curtail the

activities of PSSS, including the names of public officials and/or private
individuals or entities suspected of abetting or tolerating the commission
of said acts;

2. Provide the Department of Human Settlements and Urban Development

(DHSUD) and the National Housing Authority (NHA) copies of the list of
identified PSSS in order to safeguard against their inclusion in future
government housing programs/projects and recommend their
disqualification in existing programs;

3. Provide legal assistance to victims of PSSS, giving priority to small

property owners, and make available, through the PNP and the DOJ, a
consolidated list of professional squatters and squatting syndicates;

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4. File or assist the complainant in filing the appropriate charges before the
prosecutor's office;

5. Undertake investigation of cases of violation of laws or rules on eviction

and demolition forwarded to it and recommend appropriate actions on
the same to the concerned agencies;

6. Monitor eviction and demolition activities and draw up and establish its
own monitoring system;

7. Submit reports to the DHSUD and to the Office of the President, copy
furnished the concerned agencies involved in the implementation of
Republic Act No. (R.A.) 7279; and

8. Request for assistance from any government entity, if necessary.

SECTION V. IDENTIFICATION OF PSSS. - As used in this Ordinance,

the following terms shall have the following meanings:

1. “Squatting syndicate” shall refer to two (2) or more persons

committing, for profit or gain, any of the following acts:

a. Falsely claiming ownership or authority to dispose of and/or

convey proprietary rights over a piece of land or any portion
thereof;

b. Making use of any of the following:

1. Fake or falsified Certificates of Titles;

2. Spanish titles or their derivatives;

3. False claims of land ownership;

4. Expired or fictitious tenurial instruments over lands of the

public domain; or

5. Other documents such as, but not limited to, tax

declarations, deeds of conveyance, special powers of
attorney, etc., for the purpose of deceiving individuals or
entities and depriving the rightful owners or possessors of
their rights.

c. Organizing associations, cooperatives or other similar groups,

and/or collecting fees, with intent to deceive individuals or

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 entities or to deprive the rightful owners or possessors of their
rights.

2. “Professional squatters” shall refer to any of the following:

a. Individuals or groups who occupy lands without the express

consent of the landowners and who have sufficient income for
legitimate housing.

The determination of sufficient income shall be based on, but not

limited to, the following factors:

1. Aggregate family income;

2. Poverty threshold;

3. Time of entry;

4. Size of property;

5. Type and cost of structure; and

6. Ownership of properties and/or businesses.

b. Persons who have previously been awarded homelots or housing

units by the Government but who sold, leased, or transferred the
same to settle illegally in the same place or in another urban
area.

The term shall include any person who knowingly buys rights
over a parcel of land from another person who has no title or
rights over the same.

The term shall not apply to individuals or groups who simply rent
land and improvements thereon from PSSS.

c. Non-bona fide occupants of properties reserved for socialized

housing.

The term includes individuals who are not qualified to avail of

socialized housing projects or qualified beneficiaries of such
project who fail or refuse despite demand to comply with the
terms and conditions thereof but continue to occupy the land
and/or housing units.

d. Intruders of properties reserved for socialized housing.

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 The term includes individuals who enter and occupy socialized
housing projects through force, fraud, intimidation, machination,
stealth, strategy or threat.

SECTION VI. LIABILITIES OF PUBLIC OFFICIALS. - Any public

official who knowingly or willfully tolerates or abets the commission of the
acts mentioned in the immediately preceding section, or who shall fail or be
remiss in the performance of his duties, thereby directly or indirectly
tolerating or abetting the commission of any of the said acts, shall be dealt
with in accordance with existing laws.

SECTION VII. MANDATE AND AUTHORITY OF THE LOCAL

PHILIPPINE NATIONAL POLICE (PNP). - The local PNP is hereby
mandated and authorized to be the investigative arm of the LCAPSSS and
shall undertake all necessary investigations regarding matters and cases
that may be referred or endorsed to it or as may be requested by the
LCAPSSS for the purpose of implementing this Ordinance.

SECTION VIII. OPERATIONAL ARM OF THE LCAPSSS. - The

____________________ Office (e.g. Housing, Urban Poor, Engineering,
Planning, etc.) shall serve as the operational arm of the LCAPSSS in
undertaking activities relative to the summary eviction of identified PSSS
and demolition of their illegal structures.

The said Office, if specifically directed by the LCAPSSS, may conduct

its own investigation, with the assistance of or in coordination with the local
PNP, if necessary, and shall submit its report and findings to the LCAPSSS.

SECTION IX. SUMMARY EVICTION AND DEMOLITION. - Pursuant

to Section 27 of R.A. 7279, any person or group identified as PSSS shall be
summarily evicted and their dwellings or structures demolished and shall be
disqualified to avail of the benefits under said law.

For purposes of this Section, the following shall be observed:

a. Upon identification by the LCAPSSS of any PSSS based on the

Investigation Report submitted by the local PNP or by the _________
Office, the Mayor shall forthwith issue the Order of Eviction and
Demolition which shall be implemented by the _________ Office by
carrying out the eviction of such PSSS and the demolition of their
dwelling/s or structure/s in accordance with existing laws, rules and
regulations.

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b. The local PNP shall be requested to provide assistance in the maintenance
of peace and order during the conduct of eviction and/or demolition
activities.

c. The following documents shall be submitted to the Office of the Mayor

prior to the issuance of the Order or Notice of Summary Eviction and
Demolition and the actual conduct of eviction and/or demolition
activities:

1. The Resolution of the LCAPSSS identifying the PSSS to be

summarily evicted and the dwelling or structure, if any, to be
demolished, and specifying therein the exact location where such
summary eviction and/or demolition shall be effected, briefly
stating the specific acts committed by such persons and/or
members of syndicates constituting the illegal activities of PSSS as
defined herein and in existing laws.

2. The Investigation Report, together with the supporting evidence,

prepared and submitted by the local PNP and/or by the _________
Office:

a. identifying the PSSS, accompanied by, if applicable and/or

available:

i. A certification from any appropriate agency

establishing that such individuals or groups are
considered as previous awardees of government
projects, or are intruders or non-bona fide occupants
of socialized housing projects; or

ii. Any official list or resolution of any local office or

national agency identifying PSSS.

b. enumerating the commission of specific act/s which

constitute/s as the illegal activities by the PSSS.

3. Indorsement to the Office of the Mayor, of a Resolution of the

LCAPSSS recommending the issuance of the Order or Notice of
Summary Eviction and Demolition specifying therein the names of
the persons to be evicted, the structure to be demolished, if any,
the exact location where the eviction and/or demolition shall be
executed, and the grounds constituting as the basis for summary
eviction and demolition.

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 SECTION X. PROCEDURES AND GUIDELINES ON SUMMARY
EVICTION AND/OR DEMOLITION. - The following procedures shall be
observed in the conduct of summary eviction and/or demolition:

a. Pre-eviction and/or demolition

1. The ________ Office, if so instructed by the LCAPSSS to

investigate a report or complaint on any activity of PSSS, shall,
dispatch an inspectorate team to conduct an ocular site
inspection within a period of ____ days;

2. A written report on the results of the investigation shall be

prepared and signed by the team leader shall be submitted to
the ________ Office for its immediate action;

3. Upon receipt of the report, the ________ Office may conduct

further investigation in order to comply with the requirements
under paragraph 2 of Section VII hereof and shall submit its
report to the LCAPSSS which shall then immediately convene for
the purpose of evaluating the same.

4. Based on the evidence gathered and submitted to it, the

LCAPSSS shall adopt a Resolution for Summary Eviction and/or
Demolition prior to the Issuance of the Notice of Eviction and/or
Demolition by the Mayor.

5. The Office of the Mayor shall notify the PNP of the scheduled
conduct of summary eviction and/or demolition and request for
the necessary security assistance.

b. Eviction and/or demolition proper

1. The Order or Notice of Summary Eviction and/or Demolition shall

be signed by the Mayor or his designate, worded and printed in
English and Filipino or the local dialect.

2. The Order or Notice shall specify the date and time of the
summary eviction and/or demolition that will be undertaken by
the ________ Office.

3. The Order or Notice shall be prepared in three (3) copies, the

first copy to be furnished the affected persons or families, the
second to be held by the ________ Office, and the third to be
given to the PCUP.

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4. The Order or Notice shall be served by personal delivery to the
affected family. Any adult member of the household then present
shall be requested to acknowledge receipt of the Order or Notice.
Should such person refuse to acknowledge the same, it shall be
posted in a conspicuous place in the addressee’s dwelling.

5. In the absence or refusal of the occupant to receive and

acknowledge the Order or Notice, the serving official shall write
on the receiving copy thereof the date and time of its issuance or
posting.

6. In the execution of the Order or Notice, the following procedures

shall strictly be observed:

6.1 If the dwelling unit or structure is closed or padlocked, the

Eviction and Demolition Team under the ________ Office
shall cause the door to be opened forcibly in the presence
of the barangay representative.

6.2 Persons who refuse to leave the structure to be

demolished shall be moved out by force. The barangay
official present shall be required to assist the Team to
perform this act. If only the minors are left in the premises
by the household head or occupant, the Team shall leave
these minors to their nearest relatives in the area, or to
the Local Social Welfare Officer, or to the Barangay official,
or to the officer of the community association, or to the
immediate neighbor, in that order.

6.3 Whether the occupants will voluntarily vacate or not, the

Team leader shall order his Team to remove all the
occupants’ belongings and dismantled materials out of the
premises. The removal of personal belongings, furniture
and fixtures and the demolition of structures shall be done
with utmost care to avoid unnecessary loss or destruction.

6.4 The barangay official then present shall immediately

conduct an inventory of the recovered belongings and
materials and thereafter cause the delivery of the same to
the barangay for safekeeping until claimed by and released
to the owner.

6.5 Materials and belongings unclaimed within fifteen (15)

days shall be disposed of in a manner beneficial to the

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 community as may be determined by the barangay
officials.

7. For on-going construction by PSSS, the demolition of the

structures shall immediately be carried out by the ________
Office within twenty-four (24) hours from knowledge of such
construction, without need of any Order or Notice of Demolition
from the Mayor.

c. Post-eviction and/or demolition

1. After the structure has been demolished, the Team shall clear and
secure the area and take measures to prevent re-entry of evicted
occupants as well as any other intruders. If the occupants should
re-enter the premises and refuse to vacate, the Team shall re-evict
them without notice and cause the filing of criminal charges against
them.

2. The Team Leader shall prepare the eviction and/or demolition

report which shall substantially recite the proceedings and the
inventory of belongings removed and materials dismantled. The
Team Leader shall sign this report, to be concurred in by the
barangay official present, to attest to the manner in which the he
inventoried the materials and belongings. If the head of the
affected family is willing, he may also sign the report.

3. The eviction and/or demolition report shall be prepared in four (4)

copies, one copy each to be filed with the ________ Office, the
Office of the Punong Barangay, the PCUP, and the LCAPSSS or to
the DHSUD or other relevant agency.

SECTION XI. DUTIES AND RESPONSIBILITIES OF THE

BARANGAYS. - All barangays shall create and organize their respective
barangay task force against PSSS which shall observe and monitor any act
or activity that may indicate the presence or operation of PSSS within their
territory and shall immediately report the same to the LCAPSSS which, in
turn, shall immediately act on such report.

SECTION XII. EFFECTIVITY. - This Ordinance shall take effect

immediately upon its approval.

APPROVED.