ORDINANCE NO: 2016-367 Sponsor: Honorable Maphilindo Q. Obaob "AN ORDINANCE CREATING THE PAGADIAN CITY HOUSING BOARD AND PROVIDING A COMPREHENSIVE AND CONTINUING DEVELOPMENT PROGRAM FOR THE CONSTITUENTS OF PAGADIAN CITY" WHEREAS, the proliferation of informal dwellers in this city has tremendously increased over the years, thus, resulting to a dire need to formulate policies in addressing these social ills arising within the housing sector; WHEREAS, Section 10 under Article XIII 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. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be located"; WHEREAS, pursuant to the above-mentioned constitutional mandate, Section 28 of Republic Act No. 7279 or the Urban Development and Housing Act (UDHA) of 1992 prescribes the instances where evictions may be undertaken as well as imposes certain requirements that must be met for an eviction involving homeless and underprivileged citizens to become valid; WHEREAS,?Executive Order No. 152, series of 2002, designated the Presidential Commission for the Urban Poor (PCUP) as the sole clearing house for the conduct of demolition and eviction activities involving the homeless and underprivileged citizens; WHEREAS,?pursuant to Executive Order No. 708, series of 2008, the function of the Presidential Commission for the Urban Poor (PCUP) as the clearing house for the conduct of demolition and eviction activities involving the homeless and underprivileged citizens is now devolved to the Local Government Units (LGUS) having territorial jurisdiction over the proposed demolition and eviction activities of government agencies such that, on this context, it is now incumbent upon the City Government of Pagadian to constitute and create a board that shall be tasked to ensure satisfactory compliance to the mandated processes on eviction, demolition and relocation of informal settlers; Now, Therefore, the Sangguniang Panlungsod of the City of Pagadian in session assembled do ordain, as it hereby ordains that: Section 1. Title. - This Ordinance shall be known as "An Ordinance Creating the Pagadian City Housing Board and Providing a Comprehensive and Continuing Development Program for the Constituents of Pagadian City." Section 2. Creation and Composition. - There shall be created the Pagadian City Housing Board that shall be composed of the following: Chairperson: The City Mayor Vice Chairperson: To be appointed by the City Mayor Secretariat/Action Officer: The City Planning & Development Coordinator Members: 1) Chairperson of the Sangguniang Panlungsod Committee on Urban Poor; 2) The City Legal Officer; 3) The City Social Welfare and Development Officer; 4) The City Assessor; 5) The City Building Official; 6) The City Engineer; 7) The President, Liga ng mga Barangay Federation (LnB President); 8) One (1) representative from the Presidential Commission for the Urban Poor; 9) Federated President from the Urban Poor Association accredited by the Sangguniang Panlungsod 10) One (1) representative of a duly accredited People's Organization (PO) to be appointed by the City Mayor; and 11) One (1) representative of a duly accredited Non-Government Organization to be appointed by the City Mayor; 12) The President from Urban Poor Development Council; 13) The President, Pagadian City Chamber of Commerce; 14) The Chief of Police, Philippine National Police (PNP); 15) The Manager, National Housing Authority (NHA); 16) The District Engineer, Department of Public Works and Highways. SECTION 3. The Pagadian City Housing Board; its powers and functions. - The PCHB shall have the following responsibilities, powers, duties and functions pursuant to Section 1 of Executive Order No. 152, series of 2002, and Executive Order No. 708, series of 2008, to wit: 1. Monitor all evictions and demolitions, whether extra-judicial or court-ordered, involving homeless and underprivileged citizens; 2. Ensure that compliance and adherence to the required course of action prior to the actual implementation of any and all demolition and relocation activities and submit a sworn formal report of the substantial compliance of the mandated processes to the Presidential Commission for the Urban Poor. Such document shall include among others the following information: a. Mandatory consultations with the affected families; b. Availability of adequate resettlement site; and c. Compliance to Section 3, paragraph 1 of the Implementing Rules and Regulations of Section 28 of RA 7279 (Pre-Relocation). 3. investigate?motu propio?or upon complaint by any party, any violation of the provisions of Section 28 of RA 7279 or its implementing rules and regulations, which states: "Section? 28.?Eviction and Demolition. - Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations: a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; b) When government infrastructure projects with available funding are about to be implemented; or? c) When there is a court order for eviction and demolition. In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory:? 1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of eviction or demolition;? 2) Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;? 3) Presence of local government officials or their representatives during eviction or demolition;? 4) Proper identification of all persons taking part in the demolition;? 5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;? 6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials; ? 7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and? 8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within forty-five (45) days from service of notice of final judgment by the court, after which period the said order shall be executed: Provided, further, That should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall be extended to the affected families by the local government unit concerned." 5. File?motu propio?or by way of assistance to any aggrieved party, the appropriate criminal, civil or administrative case against any person or persons found to have violated the provisions of Section 28 of RA 7279 or its implementing rules and regulations; 6. Request any government agency for assistance and necessary information in the discharge of their respective functions under this Order; 7. Publicize matters covered by its investigation of violations of the provisions of Section 28 of RA 7279 or its implementing rules and regulations, when circumstances so warrant and with due prudence. 8. Issue subpoena and?subpoena?duces tecum, and take the testimonies of witnesses in the course of its investigation; 9. Adopt its own operational guidelines and rules of procedures, as well as rules and regulations not otherwise inconsistent with existing laws, rules and regulations, to effectively carry out its mandate; and 10. Perform such other functions as may hereafter be provided by law or executive issuance. SECTION 4. Meetings and Quorum of the Pagadian City Housing Board and the Committees. - The Pagadian City Housing Board shall regularly meet once every quarter. Special meetings maybe held whenever necessary upon the formal call of the Chair. The presence of a majority of its members shall constitute a quorum. Each working committee shall meet at least once every quarter or as the need arises. SECTION 5. The Action Officer and its Functions. - The City Planning and Development Coordinator shall be the Action Officer of the Pagadian City Housing Board and shall be responsible for all administrative and supervisory functions as may be provided for and allowed by laws, rules and regulations. The Action Officer, within thirty (30) days from issuance of the appropriate Executive Order, shall recommend to the City Mayor/Chairperson the issuance of memoranda needed to ensure the attainment of the goals and objectives of the Pagadian City Housing Board. SECTION 6. The Secretariat and its Functions. - There will be a Secretariat for the Board whose main function is to maintain and safe keep all the records of the Board and assist the Board and its committees in their functions. It shall be composed of three (3) from the City Planning and Development Office, who shall enter into the performance of this additional duties upon designation by the City Mayor based on the favorable recommendation of the Department Head. Approved programs and/or locally funded projects of the Local Housing Board which are prioritized pursuant to the mandate of Republic Act 7279 shall be implemented by the appropriate department of the City Government of Pagadian in coordination with the Urban/Rural Poor Affairs Office. Section 7. Logistics. - The expenses in relation to the discharge of the functions of the Board and its secretariat shall be regularly provided in the Annual Budget of the City Government. Section 8. Repealing Clause. - All orders, memoranda, rules and regulations, or any part or parts hereof, inconsistent with the provisions of this Ordinance are hereby revoked or modified accordingly. Section 9. Separability Clause. - If for any reason a provision of this Ordinance is declared invalid or unconstitutional, all other provisions hereof not affected thereby shall continue to be in full force and effect. Section 10. Effectivity Clause. - This Ordinance shall take effect ten (10) days after its publication in a local newspaper of general circulation in the city. ENACTED AND APPROVED by the 12th City Council of Pagadian City during its 18th Regular Session held on 22 November 2016 at the Sangguniang Panlungsod Session Hall, Pagadian City.