MEMORANDUM CIRCULAR NO.

2506 UPDATED STANDARD OPERATING PROCEDURES GOVERNING SUMMARY EVICTION OF ILLEGAL OCCUPANTS AND DISMANTLING OF STRUCTURES IN NHA-OWNED OR ADMINISTERED PROPERTIES AND PROJECTS Presidential Decree No. 1472 dated June 11, 1978 states that the National Housing Authority shall have the power to summarily eject, without the necessity of judicial order, any and all squatters' colonies or government resettlement projects, as well as any illegal occupant in any homelot, apartment or dwelling unit owned or administered by it. Memorandum Circular No. 60 dated August 14, 1978 provided for the standard operating procedures under PD 1472 to evict all illegal occupants in NHA properties and projects. This Memorandum Circular is issued to clarify and harmonize the National Housing Authoritys (NHA) processes governing the summary eviction of illegal occupants and/or dismantling of structures with the provisions of Republic Act No. 7279, otherwise known as the Urban Development and Housing Act of 1992 and its Implementing Rules and Regulations and existing jurisprudence for the proper utilization, disposition and administration of its properties and projects. I. DEFINITION OF TERMS For the purpose of this Circular, the terms or words and phrases used herein shall mean as follows: 1.1. 1.2. Authority refers to the National Housing Authority. Dismantling refers to the removal of structures and/or part thereof, improvements and extensions built illegally by occupants on NHA-owned or administered properties and projects without the necessity of judicial order. Eviction refers to the removal of illegal occupants and their belongings without the necessity of judicial order.

1.3.

1.4.

Illegal Occupants refer to families, individuals or groups who occupy NHA-owned or administered properties and projects as enumerated in Item II of this Circular. Illegal Structures refer to structures and/or part thereof, improvements and extensions constructed in NHA-owned or administered properties and projects without the consent of the NHA. NHA-Owned or Administered Properties and Projects properties that are administered by NHA and acquired by virtue of existing laws and other modes of transfer made in favor of the Authority and/or titled in the name of the Republic of the Philippines or NHA. This also refers to government resettlement projects and NHA properties which are classified as, but not limited to the following: residential, commercial, industrial and institutional lots, administered or under the jurisdiction of the Authority.

1.5.

1.6.

II.

COVERAGE The following illegal occupants and/or structures shall be subject to eviction and/or dismantling: 2.1. Illegal structures as defined in Section 1.5

2.2

Those who entered and constructed structures in projects/properties owned or administered by the Authority without the latters consent.

2.3.

Those who failed to apply and submit the prescribed requirements to legalize their occupancy.

2.4.

Those who failed to comply with the requirements of the Individual Notice of Award (INA).

2.5.

Those who have executed contracts with the Authority but have violated the terms and conditions stipulated in the contract, such as but not limited to:
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2.5.1. Those whose contracts were cancelled due to arrearages of more than three (3) months; 2.5.2. Those who unlawfully transferred their award to another; 2.5.3. Those who violated the Authoritys occupancy rules as prescribed in the contract; 2.5.4. Those whose accounts/contracts have matured/expired but have not fully settled their obligations; and, 2.5.5. Other violations of NHA estate management policies and procedures. III. PRE-REQUISITES TO EVICTION AND/OR DISMANTLING As a general rule, prior to the execution of the eviction and/or dismantling, the following shall be observed: 3.1. The Project Office must ensure that pertinent Memoranda Circular and other issuances of the Authority have been complied with. The Project Office shall provide adequate information on options available for the illegal occupants.

3.2

IV.

PROCEDURE ON EVICTION AND/OR DISMANTLING 4.1. Pre-Eviction and/or Pre-Dismantling Phase

4.1.1. Organization of the Project Eviction and Dismantling Management Team (PEDMT)

The Group Manager of the Area Management Office (AMO) shall create, through an Office Order, a Project Eviction and Dismantling Management Team (PEDMT) that is tasked primarily to plan and manage the eviction of illegal occupants and/or dismantling of illegal structures in its area of jurisdiction.

The PEDMT shall perform the following:

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(a) (b)

Direct, manage and coordinate all eviction and dismantling activities; Prepare and submit an annual Eviction and Dismantling Work Plan and Budget and ensure that the logistical requirements are ready and available prior to eviction and/or dismantling; Organize and conduct orientation for the Manpower Assistance Team (MAT) who will undertake the actual eviction and/or dismantling; Create the (PIAC); Project Inter-Agency Committee

(c)

(d) (e)

Encourage the participation of government and non-government agencies.

4.1.2. Organization of the Project Inter-Agency Committee (PIAC)

The PIAC shall have the following functions: (a) Provide a forum for conflict management, discussion, and resolution of issues and concerns before, during, and after eviction and/or dismantling;

(b)

Facilitate the orderly, peaceful and humane eviction and/or dismantling; and

(c)

Ensure that the eviction and/or dismantling activities are executed in accordance with existing laws and other legal issuances.

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The PIAC shall be composed of, but not limited, to, the duly designated representatives of the following agencies/entities whose participation are in accordance with their respective mandates:

Chair

: PEDMT Chairperson

Members: (a) (b) (c) (d) Local Government Unit (LGU) Commission on Human Rights (CHR) Presidential Commission for the Urban Poor (PCUP) Department of the Interior and Local Government/ Philippine National Police (DILG/PNP) Housing and Urban Development Coordinating Council (HUDCC) Concerned Barangay Civil Society Organization (CSO) Community/Homeowners' Association (HOA), as applicable Other stakeholders, as necessary.

(e) (f) (g) (h) (i)

4.1.3. Inter-Agency Coordination

(a)

Notice to PIAC and other stakeholders. A letteradvisory shall be sent to the PIAC members and other concerned stakeholders on the impending eviction and/or dismantling. Said letter shall indicate the schedule and name of the illegal occupants to be evicted and/or whose structures will be dismantled.

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(b)

Pre-Eviction and/or Dismantling Conference . A series of meetings shall be conducted by the PIAC Chairperson with the other stakeholders before the actual eviction and dismantling based on an agreed timeline.

(c)

Conduct of Alternative Dispute Resolution Strategies. The PEDMT, in partnership with the PIAC, shall conduct dialogues with the illegal occupant to exhaust all possible options other than eviction and/or dismantling which discussion may include:

1. 2. 3.

Legal basis and reason(s) for eviction and/or dismantling; Advantages of voluntary eviction and/or dismantling; and Other alternative options available to the illegal occupant.

The PEDMT shall ensure that during the dialogue the attendance and proceedings thereof are recorded, copies of which will be provided the PIAC and other stakeholders.

4.1.4. Issuance and Service of the Eviction and/or Dismantling Notice

The eviction and/or dismantling notice shall be prepared by the Project Office together with the case brief, Occupancy Inspection Report, Certificate of Complete Staff Work and supporting documents which will be submitted to the Group Manager of the Area Management Office (AMO).

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The Group Manager shall sign the eviction and/or dismantling notice according to the prescribed forms:

Annex A-1- Notice of Eviction and/or Dismantling for Illegal Occupants of NHA Projects and Properties; Annex A-2- Notice of Eviction for Illegal Occupants of Completed and Multi-Level Housing

These notices will only be issued after the provisions of Memorandum Circular No. 2374 has been fully complied with.

The notice shall state the pertinent/applicable reason in accordance with Item II of this Memorandum Circular and shall be prepared in triplicate copies: the original to be served to the illegal occupant along with photocopies of the notices earlier served him in accordance with pertinent Memoranda Circular; the second copy for the Project Office; and the third copy for the AMO.

The Notice of Eviction and/or Dismantling issued to the illegal occupant or structure owner shall be effective for thirty (30) days from the date of the scheduled eviction/dismantling indicated in the notice.

Pursuant further to Section 3.2.1 of the Urban Development and Housing Acts Implementing Rules and Regulations Governing Summary Eviction, the following notices for the dismantling of new illegal structures shall be observed:

(a)

For on-going construction, no notice shall be served. Dismantling of the structures shall be immediately enforced by the concerned PEDMT.

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(b)

For unoccupied structure, whether under construction or completed, notice shall be addressed to the Barangay Chairman or Community/ Homeowners Association (HOA), as applicable. Dismantling of the structure shall be enforced within 24 hours from service of notice.

(c)

For occupied structure, notice shall be issued seven (7) days prior to actual dismantling to provide the occupants enough time to voluntarily vacate and dismantle their structures. Should they refuse to do so, the PEDMT shall conduct the actual dismantling.

The notice shall be served personally to the illegal occupant by the PEMDT, with the assistance of the PIAC, and within government office hours. The illegal occupant or in his absence, any person of sufficient age and discretion residing in the premises shall be requested to acknowledge receipt of the notice. Should the person refuse to acknowledge the notice, the same shall be posted conspicuously on the illegal occupant's housing unit/structure. The serving officer shall write on the notice the manner and method of service, the absence or refusal of the occupant to receive and acknowledge the same, and the date and time of its issuance or posting. This shall be witnessed by the Barangay or Community/HOA representative, whichever is applicable.

Should the said notice remain unheeded after the lapse of the period given, a Final Notice shall be served to the occupant or posted on his/her structure indicating therein the date and time of the actual eviction and/or dismantling according to the following prescribed forms:

Annex A-3 -

Final Notice of Eviction and/or Dismantling for Illegal Occupants of NHA Projects and Properties;

Annex A-4 - Final Notice of Eviction for Illegal Occupants of Completed and Multi-Level Housing

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4.2.

Actual Eviction and/or Dismantling Phase

4.2.1. Preparation Before Actual Eviction and/or Dismantling

Before the Manpower Assistance Team (MAT) starts the eviction and/or dismantling process, the duly signed document or authority to evict and/or dismantle shall be presented to the occupants present and its contents thereof shall be announced to them as well as to the authorized MAT of the Authority that will implement the eviction and/or dismantling.

The PEDMT Chair through the MAT Head shall ensure the following:

(a)

The presence of the PIAC members to witness the eviction and/or dismantling and the DILG/PNP to maintain peace and order during the eviction and/or dismantling;

(b)

Whenever necessary, power shall be cut off;

(c)

The presence of the illegal occupant in the premises or in his absence any adult member 18 years and above; and in cases where the occupants present are minors (17 years and below), the MAT shall wait for one hour or as soon as the illegal occupant or adult household member arrives, whichever comes first; and

(d)

Announcement of the one-hour period to voluntarily vacate the premises before MAT takes over.

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Upon compliance of the above preparatory activities and when the prescribed waiting period has lapsed, the MAT Head shall officially announce the commencement of the eviction and/or dismantling.

4.2.2. Actual Eviction and/or Dismantling

(a)

If the unit/structure is closed or padlocked, the PEDMT Chair shall order the MAT Head to forcibly open the door to be witnessed by any member of the PIAC.

(b)

If the unit/structure is open, the MAT Head shall order the occupants to move out of the unit/structure. Should the latter refuse to do so, the MAT Head shall direct its members to remove all the occupants' belongings from the unit/structure and its premises.

4.2.3. Inventory of Belongings

The inventory of the occupants belongings shall be conducted by the PEDMT. The inventory form ( Annex "B") shall be made in triplicate: the original copy to be retained by the Project Office; the second copy to the Barangay or Community/Homeowners Association authorized representative present; and the third copy shall be furnished and duly received by the actual occupant. The said form shall be signed by the PEDMT Chair and witnessed by any PIAC member.

The MAT shall deposit the occupants belongings in an NHA-designated area. The NHA shall not be responsible for any loss or damage thereof arising from the failure of the illegal occupant to take possession of
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the same after unit/structure.

their

removal

from

the

subject

4.2.4. Impounding of Materials and Belongings

In case the illegal occupant fails to claim such materials and belongings at the NHA-designated area before the close of office hours on the day of eviction and/or dismantling, the PEDMT Chair shall order the MAT Head to transfer the occupant's belongings to the NHA impounding area. The illegal occupant shall be given three (3) days to claim them. Their failure to retrieve the said properties will be construed as lack of interest over the same. Unredeemed belongings shall be disposed of in a manner as may be deemed appropriate by the PIAC.

4.2.5. Removal of All Persons from the Premises

Persons who refuse to leave the unit/structure shall be forcibly moved out by the MAT without inflicting physical injuries. The Barangay, Community/Homeowners Association, and DILG/PNP officers present shall assist the MAT pursuant to their internal operational procedures. In the absence of an adult member, the minors shall be formally endorsed to the appropriate agency or entity as recommended by the PIAC.

4.3.

Post-Eviction and/or Post-Dismantling Phase

4.3.1. Securing and Turn-over of the Vacated Lot or Housing Unit/Structure

(a)

In the case of eviction from a housing unit/structure, the PEDMT Chair shall direct the Page 11 of 14

MAT Head to board/padlock the unit/structure and the key (for padlocked unit/structure) shall be turned-over to the PEDMT Chair.

(b)

In the case of dismantling, the MAT Head shall officially turn over the cleared or vacated lot to the PEDMT Chair.

The appropriate signages such as " NO TRESPASSING, NHA-PROPERTY OR NHA-ADMINISTERED PROJECT" shall be installed in the vacated lot or unit/structure.

The Project Manager shall secure the cleared lot/padlocked unit/structure and take measures to prevent re-entry of evicted occupants or other intruders and cause its immediate disposition. Should the evicted occupant surreptitiously re-enter or build a new structure and refuse to vacate the premises, the PEDMT through the MAT shall undertake eviction and/or dismantling without notice and cause the filing of appropriate criminal/civil/administrative charges against the illegal occupants and other persons who may have assisted and/or authorized the re-entry or rebuilding within the cleared lot/unit/structure.

4.3.2. Preparation of Eviction and/or Dismantling Report

The PEDMT Chair shall prepare and sign the eviction and/or dismantling report which substantially recites the proceedings, the number of occupants evicted, the number of structures dismantled and the inventory of belongings removed. The PIAC members shall attest the report. Further, the eviction and/or dismantling report shall be prepared and copies thereof shall be furnished the following:
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(a)

Office of the NHA General Manager/Assistant General Manager

(b) (c) (d)

Area Management Office PIAC members Central Monitoring Unit as provided in Section VII hereof

The Project Office shall retain a copy of the eviction and/or dismantling report.

V.

STAY OF EVICTION ARISING FROM CANCELLED AWARDS/CONTRACTS If on any day after the issuance of the cancellation notice and/or prior to the eviction date, the awardee offers to comply with the obligation, full settlement of total arrearages and payment of processing fee of PhP 500.00 shall be required. This provision can be availed of by the awardee only once. PROVISION FOR LEGAL ASSISTANCE Any legal action against the NHA officials and employees ensuing in the implementation of this Memorandum Circular, the Management through the Legal Department shall duly assist and represent them. The Management shall provide funds for such legal and other related expenses. CENTRAL MONITORING UNIT The Resettlement and Development Services Department shall be the Central Monitoring Unit. SUPERSEDING CLAUSE This Memorandum Circular supersedes Memorandum Circular No. 60 dated 14 August 1978. SEPARABILITY CLAUSE The provisions of this Memorandum Circular are hereby declared separable, and in the event that any such provisions are declared null and void, the validity of all other provisions shall not be affected thereby.

VI.

VII.

VIII.

IX.

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X.

EFFECTIVITY This Memorandum Circular shall take effect fifteen (15) days after publication in a newspaper of general circulation.

ATTY. CHITO M. CRUZ General Manager ___________________

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