ORDINANCE NO: 2018-412 (Author: Honorable Ricardo S. Alajeno) "AN ORDINANCE BANNING ILLEGAL SETTLEMENTS, RELOCATION AND/OR REINTEGRATION OF INFORMAL SETTLERS AND ESTABLISHING AN INSTITUTIONAL MECHANISM TO CURB THE ILLEGAL ACTIVITIES OF PROFESSIONAL SQUATTERS & SQUATTING SYNDICATES, PENALIZING SQUATTING AND OTHER SIMILAR ACTS" WHEREAS, in an urbanized cities, such as the City of Pagadian, the number of informal settlers grow annually due to migration of people seeking better livelihood and employment opportunities; WHEREAS, in view of the foregoing, the incessant nefarious construction of illegal structures of professional squatters and squatting syndicates in both public and private lands in the different barangays of the City may continue to proliferate to the great prejudice, damage, and disadvantage of the registered landowners and legitimate Barangay inhabitants; and the informal settlers who build up in danger areas may pose menace to the public safety of either the concerned residents or of the general community and be an affront to human decency; WHEREAS, the Punong Barangay and members of the Sangguniang Barangay, as persons in authority, being primarily responsible in the maintenance of peace and order, and in protecting private and public interest, should spearhead the eradication or curtailment of the construction of illegal structures, the same being a clear violation of the National Building Code, and other pertinent laws; WHEREAS, Section 16 of R.A. 7160, otherwise known as the Local Government Code of 1991, explicitly provides that Local Government Units shall exercise power expressly granted, those necessarily implied therefrom, as well as power necessary or appropriate to maintain peace and order, and preserve the comfort and convenience of the inhabitants; WHEREAS, pursuant to Section 27, Article VII of RA 7279, otherwise known as "Urban Development and Housing Act of 1992", states that: "Section 27. Action Against Professional Squatters and Squatting Syndicates. The local government units, in cooperation with the Philippine National Police, the Presidential Commission for the Urban Poor (PCUP), and the PCUP-accredited urban poor organization in the area, shall adopt measures to identify and effectively curtail the nefarious and illegal activities of professional squatters and squatting syndicates, as herein provided. Any person or group identified as such shall be summarily evicted and their dwelling or structures demolished, and shall be disqualified to avail of the benefits of the program." NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED, BY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF PAGADIAN, IN SESSION ASSEMBLED, BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, THAT: Section 1. Title. - This Ordinance shall be known as the "Anti-Illegal Settlements Squatting Ordinance of the City of Pagadian. " Section 2. Declaration of Policy. - It shall be the policy of the City of Pagadian to: a) Discourage informal settling and construction of illegal structures and dwellings; b) To suppress and eradicate the nefarious illegal activities of professional squatting syndicates and squatters; c) In cooperation with the private sectors, uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement areas by making available to them decent housing at affordable cost, basic services, and employment opportunities; d) Encourage more effective people to participate in the urban development process; and e) Improve the capability of local government unit in undertaking urban development and housing programs and projects. Section 3. Definition of Terms. - As used in this Ordinance, the following terms shall mean: a) Affordable Cost - refers to the most reasonable price of land and shelter based on the needs and financial capability of the beneficiaries and appropriate financing schemes; b) Dwelling - refers to a semi-contained unit of accommodation used by one or more households as a home, such as house, apartment, mobile home, or other substantial structure; c) On-Going Construction - refers to the actual, present, and new construction of structure herein defined. It does not include the renovation or repair of the structure already constructed or finished prior to the effectivity of this Ordinance; d) Professional Squatters - refer to individuals or groups who occupy lands without the express consent of the landowner and who have sufficient income for legitimate housing. The term shall also apply to persons who have previously been awarded home lots 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, and to non- bona fide occupants and intruders of land reserved for socialized housing. The term shall not apply to individuals or groups who simply rent land and housing from professional squatters or squatting syndicates.; e) Registered Landowner - refers to the owners of the land whose name appears in the land title registered in the appropriate Registry of Deeds. f) Resettlement Areas - refers to areas identified by the appropriate national agency or by the local government unit with respect to areas within its jurisdiction, which shall be used for the relocation of the underprivileged and homeless citizens; g) Underprivileged and Homeless Citizens - refers to the beneficiaries of this Act and to individuals or families residing in urban and urbanizable areas whose income or combined household income falls within the poverty threshold as defined by the National Economic and Development Authority and who do not own housing facilities. This shall include those who live in makeshift dwelling units and do not enjoy security of tenure; h) Squatting Syndicate - refers to groups of persons engaged in the business of squatter housing for profit or gain; i) Structure - refers to all types of building, improvement, residential unit, wall, fence, and other structures of similar character or nature which are adhered to the soil but shall not include trees, plants, and growing fruits, and other fixtures that are mere superimpositions on the land; j) Summary Eviction - refers to the eviction accomplished through legal procedure, without the formalities of a formal trial; k) Urban Areas - refers to all areas in the City with a population density of at least five hundred (500) persons per square kilometer. l) Urbanizable Areas - refers to sites and lands which, considering present characteristics and prevailing conditions, display marked and great potential at becoming urban areas within the period of five (5) years. Section 4. Prohibited Acts. - It shall be unlawful for any person or group of persons to: a) occupy or possess a property against the will of the registered landowner for dwelling or business or any other purposes with the use of force, intimidation or threat, stealth or strategy, or takes advantage of the absence or tolerance of the registered landowner; b) transfer to resettle illegally in another urban area as non-bona fide occupants and/or intrude into lands reserved for socialized housing despite having been previously granted or awarded with lands or home lots or housing units by the government whether local or national but sold or leased the same; and c) construct and/or build any structure in government-owned or privately-owned land without the express consent/approval of the registered owner and without having first obtained the necessary permit from the Office of the Building Official. Any person or group identified as such shall be summarily evicted and their dwelling or structures demolished, and shall be permanently disqualified to avail of the benefits for legitimate relocations. Section 5. Penalties. - For purposes of this Ordinance, any and all violation of this Ordinance shall be meted the following fines and penalties: a) For paragraphs a, b, and c of Section 4, the imposable penalty shall be a fine of not less than Five Thousand Pesos (P5,000.00) or One (1) year imprisonment or both, at the discretion of the court; b) For Barangay Officials who directly or indirectly permit professional squatters or members of squatting syndicates to occupy public or privately owned lands or allow, abet or otherwise tolerate the construction of any structure in violation of the preceding section within their territorial or administrative jurisdiction shall be meted with administrative sanctions as provided for in the Administrative Code of 1987, R.A. 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees; R.A. 3019 or the Anti-Graft and Corrupt Practices Act; R.A. 7279 or the Urban Development and Housing Act of 1992, after the observance of substantive procedural due process provided by law; and c) For registered land owners, juridical personalities / public utilities through their officers who directly or indirectly permit professional squatters or members of squatting syndicates to occupy privately owned lands or allow the availment of public utility services such as electricity and water supply within their territorial or administrative jurisdiction shall be penalized in accordance with existing laws after the observance of substantive and procedural due process the law so provides. Section 6. Anti-Squatting Task Force; Creation and Composition. - There shall be created the Anti- Squatting Task Force which shall be composed of the following: a) Chairman: City Mayor b) Co-Chairman: The Barangay Captain concerned c) Members: i) City Administrator ii) City Director, Philippine National Police iii) City Director, Joint Task Force, Pagadian iv) City Director, Department of the Interior & Local Government (DILG) v) City Director, Philippine National Red Cross vi) City Social Welfare and Development Officer vii) City Engineer viii) City Building Official ix) Chairperson, Committee on Peace Order x) Chairperson, Committee on Urban Poor; and xi) Chairperson, Committee on Laws, Ordinances and Review of Barangay Ordinances d) Secretariat: City Legal Office Section 7. Anti-Squatting Task Force; Powers and Functions. - The Anti- Squatting Task Force shall have the following powers and functions: a) Adopt necessary measures to identify and effectively curtail the activities of professional squatters and squatting syndicates, including public officials and/or private individuals or companies allowing, abetting or tolerating the commission of the act; b) Provide assistance to the victims of professional squatting syndicates and make available a consolidated list of squatting syndicates and professional squatters; c) File the necessary charges against professional squatters and squatting syndicates before the court or the Department of Justice through the Office of the City Prosecutor; d) Conduct investigation involving illegal activities of professional squatters and squatting syndicates and recommend appropriate actions on the same to the Sangguniang Panlungsod; e) Draw up and establish a monitoring system for demolition and eviction activities; f) Provide assistance to the concerned Barangays in the conduct of eviction and demolition of illegal dwellings and structures; and g) Perform other functions which are necessary, inherent and implied to realize the objective of this Ordinance. Section 8. Mandate of Punong Barangays and Barangay Task Force on Illegal Structures and Informal Settlers. - All Punong Barangays are hereby mandated to prohibit informal settling and putting up of illegal structures along public and privately owned lots and summarily evict all persons engaged in any construction of any structure within the territorial jurisdiction of the Barangay concerned, without the express consent of the registered landowner and the necessary permit from the city government and to demolish such structure as necessary pursuant to Republic Act No. 7279. Pursuant to this, Punong Barangays are mandated to create the Barangay Task Force on Illegal Structures and Informal Settlers which would assist the office of the Punong Barangay to monitor and investigate any and all activities of professional squatters and squatting syndicates and the construction of illegal structures and dwellings. Section 9. Self-Demolition and Removal of Valuable Things. - Upon discovery or receipt of a complaint or report of the on-going illegal construction of dwelling or structure, the Office of Punong Barangay or the Office of Building Official shall, motu propio, conduct an investigation and summon the owner or builder of the structure to appear in person within 36 hours from receipt hereof. And, if evidence so warrants, the Office concerned shall notify the owner/builder of the illegal structure to dismantle it, vacate the premises, and bring with him all his valuable, materials and debris within three (3) days from receipt of notice. Section 10. Eviction and Demolition. - (a) Eviction and demolition, as a practice, shall be discouraged but may be, however, allowed under the following situations: i) When such persons or entities occupy danger areas/zones, such as: railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks and playground; ii) When government infrastructure projects with available funding are about to be implemented; or iii) When there is a court order for eviction and demolition. b) In case of non-compliance with the provisions of Section 9, eviction and demolition shall be executed jointly by the Barangay concerned and Anti-Squatting Task Force without need of a court order under the following mandatory conditions: i) The Anti-Squatting Task Force and/or the Barangay Council through a resolution find grounds for and recommend the summary eviction of professional squatters/syndicates or demolition of the illegal constructed dwellings or structures; ii) The dwelling or structure is constructed or built within the land not owned by the builder or owner of the materials; iii) The construction of the dwelling or structure is without the consent/approval of the owner of the land or home lot; iv) The construction of the dwelling or structure has no necessary permit issued by the City Government; v) The construction of the dwelling or structure is on-going or newly started; vi) All persons taking part in the summary of eviction or demolition must wear proper uniforms and identification cards during the demolition or eviction; vii) The Barangay Public Safety Officers (BPSO) and Police Officers (wearing proper uniforms) from the nearest police station shall be deployed in the area to maintain peace and order, and to observe proper disturbance control procedure; viii) Presence of any members of Anti-Squatting Task Force, Official or Representative of the Barangay concerned and City Officials; ix) Eviction or demolition may be executed only during regular office hours from Mondays to Fridays and during good weather; and x) No heavy equipment shall be used for the demolition, except for structures that are permanent and made of concrete materials. c) In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory: i) Notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction or demolition; ii) 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 eradicated; iii) Presence of Local Government Officials or their representatives during eviction or demolition; iv) Execution of eviction or demolition may only be undertaken during regular hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise. v) No use of heavy equipment for demolition, except for structures that are permanent and made of concrete materials. vi) Proper uniforms for member of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedure; and vii) There must be provided adequate relocation, whether temporary or permanent. 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 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, 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 days shall be extended to the affected families by the local government concerned. Section 11. Resettlement. - The Local Government Unit, in coordination with the National Housing Authority, shall implement the relocation and resettlement of persons living in danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and in other public places as sidewalks, roads, parks, and playgrounds. The Local Government Unit, in coordination with the National Housing Authority, shall provide relocation or resettlement sites with basic services and facilities and access to employment and livelihood opportunities sufficient to meet the basic needs of the affected families. Section 12. Confiscation of Materials. - Construction materials of the demolished structure shall be confiscated in favor of the Barangay should the owner thereof fail to claim the same within three (3) days after the conduct of demolition. Section 13. Joint Activity Report. - The Punong Barangay concerned and the City Engineer shall submit a Joint Activity Report to the Office of the City Mayor, briefly stating the vital information and the circumstances surrounding the demolition of eviction. Section 14. 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 remain in full force and effect. Section 15. Repealing Clause. - All ordinances, rules, and regulations, or parts thereof, in conflict with or inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. Section 16. Effectivity Clause. - This Ordinance shall take effect upon its approval by the Sangguniang Panlungsod. ENACTED AND APPROVED by the Sangguniang Panlungsod (12th City Council) during its 98th Regular Session on 23 August 2018 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.