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Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT A. Francisco Gold Condominium II, EDSA, Diliman, Quezon City

SeptBtibe~ 19, 2008

MEMORANDUM CIRCULAR NO.

TO CITY MAYORS, MUNICIPAL MAYORS, MEMBERS OF THE SANGGUNIANG PANLUNGSOD AND SANGGUNIANG BAYAN AND DILG REGIONAL DIRECTORS CREATION OF LOCAL HOUSING BOARDS

SUBJECT

Legal Basis and Authority Section 3, Executive Order No, 708, s. 2008, titled, Amending Executive Order No. 152, Series of 2002, And Devolving The Function Of The Presidential Commission For The Urban Poor As The Clearing House For The Conduct Of Demolition And Eviction Activities Involving The Homeless And Underprivileged Citizens To The Respective Local Government Units (LGUs) Having Territorial Jurisdiction Over The Proposed Demolition And Eviction Activities Of Government Agencies, quote: Section 3. Guidelines in the enactment of ordinance. - The Department of Interior and Local Government (DILG)is hereby ordered to issue the necessary guidelines for the enactment of ordinances creating Local Housing Boards or any similar body to Local Government Units (LGUs) within six (6) months from the effectivity of this Executive Order. The PCUP shall assist the Local Government Units in enacting the ordinances in whatever capacity they can provide within the same period. Purpose To provide guidelines relative to the creation of local housing boards or similar bodies, and on related matters. Coverage Cities and municipalities outside of the Autonomous Region in Muslim Mindanao, with informal settlers in (a) danger areas such as esteros, railroad tracks, garbage dumps, landfills, creeks, riverbanks, shorelines, waterways; (b) public places such as sidewalks, public cemeteries, roads, parks and playgrounds; and (c) government projects, are covered by this Memorandum Circular. Local Housing Board: Composition and Functions

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A. Composition The Local Housing Board, hereinafter referred to as Board, shall be headed by the City Mayor or Municipal Mayor, with the following as members: 1. Chairperson, Sanggunian Committee on Housing and Urban Development or its equivalent; 2. City or Municipal Planning and Development Coordinator; 3. City or MuniCipal Engineer;

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4. A representative

from the Presidential Commission for the Urban Poor;

5. A representative of a duly accredited People's Organization and operating in the city or municipality. Provided, that a People's Organization which is already represented in the Local Development Council may be concurrently represented in the Board; and 6. A representative of a SEC-registered and duly accredited Non-Governmental Organization and operating in the city or municipality. Provided, that a NonGovernmental Organization which is already represented in Local Development Council may be concurrently represented in the Board. B. Powers and Functions
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As the sole clearing house for eviction and demolition activities concerning informal settlers in danger areas, public places and government projects, the Board shall exercise the following powers and functions: 1. Monitor all evictions and summary, or court-ordered; demolitions, whether voluntary, extra-judicial,

2. Require the proponent of an eviction and demolition, i.e., national government department, agency, institution or local government, or its duly authorized representative, to first secure from the Boar d the Checklist, Guidelines and Eviction and Demolition Compliance Certificate prior to the actual implementation thereof and, thereafter, to submit to the Board the completed Checklist, attested to under oath by the proponent and indicating that: (a) Adequate consultations with the affected families were undertaken; (b) Adequate resettlement site and relocation facilities are made available; and
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(c) The provisions of Section 3, paragraph 1 of the Implementing Rules and Regulations of Section 28 of Republic Act No. 7279 (Pre-relocation) have been complied with; and

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3. Based on the completed Checklist, and subject to further verification, issue an Eviction and Demolition Compliance Certificate on a proposed eviction and demolition. See Application for Certificate of Compliance for Administrative Demolition, Application for Certificate of Compliance for Summary Eviction, Verification Report and Compliance Certificates, as Annexes A-1, A-2, B, C-1 a C2, respectively. Application for an Eviction and Demolition Compliance Certificate Every proponent of an extrajudicial eviction and demolition, whether administrative or summary, shall, prior to actual eviction and demolition, secure a Compliance Certificate from the Board. The process of applying for the said certificate shall be as follows:

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1. In the case of an administrative eviction and demolition involving the underprivileged and homeless, the proponent shall obtain from the Board, the proper application form for certificate of compliance and submit the same together with the required documents as listed in the appropriate Checklist at least fifteen working (15) days prior to the actual conduct of eviction and demolition. In the case of a summary eviction and demolition, the proponent shall likewise obtain an application for certificate of compliance. Provided, that the said application shall be submitted at least seven (7) working days prior to the conduct of the same, pursuant to the rules on summary demolitions. However, in the event that the affected persons are found to be among those subject to administrative eviction or demolition, the Board shall immediately inform the proponent and require the proper application for certificate of compliance.

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In the case of a voluntary eviction and demolition, the proponent shall obtain from the Board, the proper application for certificate of compliance and submit the same together with the required documents as listed in the appropriate Checklist at least fifteen working (15) days prior to the actual conduct of eviction and demolition.

2. If the application is sufficient in form and substance, the Board, upon verification, approves the application, issues the proper certificate of compliance and notifies the proponent. 3. The certification shall indicate the name of the proponent, the purpose and location of the area applied for eviction and demolition, a statement of compliance to the pertinent rules covering the eviction or demolition applied for, an authorization or approval for the rendering of police assistance, validity period, the date of issuance, and the authorized signature.

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4. If the application is incomplete in form and substance, the Board informs the

proponent and the latter has to comply with the deficiency within ten working (10) days from notification, with the exception of a summary eviction and demolition which shall be complied with within three (3) working days from notification. In the event that the deficiency is not complied with within the periods mentioned herein, the proponents shall be required to re-apply for a new compliance certificate.

5. In cases where the Board issues a certification or the proponent has already complied with the deficient requirements for application and thus acquired a certification, the eviction and demolition proceed as a matter of course. Authorized Police Assistance A proponent of eviction and demolition may be provided with duly authorized police assistance only upon prior compliance with the statutory requirements under Sections 27, 28 and 30 of Republic Act No. 7279 and their implementing rules and regulations, checklist and compliance certificate requirements, or with the written notice requirement when applicable, as certified or authorized by the Board. In the case of a court-ordered under the following circumstances: demolition, police assistance shall only be allowed
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1. In pursuance of any court order specifying police action or assistance; 2. In any case or event where voluntary eviction and dismantling of structures are agreed upon, in writing, by the concerned parties, and approved by the Board; 3. In the case of a local infrastructure project where police assistance is approved, in writing, by the duly authorized official of the Board;
4, In the case of a national infrastructure
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project. Provided, however, that the duly authorized official of the Board level has approved the same in writing; and

5. In any other case of eviction and demolition where police assistance is necessary to preserve peace and order. Provided, however, that the duly authorized official of the Board has approved the same in writing. For purposes of the above, a written request by the sheriff for police assistance in the implementation of a court order or writ with certified copies of the said order or writ annexed therein shall suffice for the police to render assistance without further need of obtaining the approval of the Board. In lieu of the approval of the Board, the concerned PNP Officer shall merely inform the Board in writing of the date of eviction and demolition at least three (3) days prior to the actual conduct of the same. The written notice shall contain copies of the sheriff's request for police assistance, the order or writ to be implemented and other pertinent documents.

In any of the circumstances specified above, the members of the PNP tapped to provide police assistance must be in proper uniform and in appropriate cases, carry with them the necessary documents supporting the provision of police action or assistance. The provisions of the above notwithstanding, the request for police assistance shall still be subject to the pertinent guidelines and regulations of the Philippine National Police. Enactment of an Ordinance 1. Within one (1) month from date of effectivity of this Circular, every City Mayor and Municipal Mayor shall cause the creation of the Board, through an appropriate ordinance. 2. An ordinance on the creation of the Board is a prerequisite municipal government can conduct its clearinghouse function. before any city or

3. In the enactment of such ordinance, coordination with the office of the Presidential Commission for the Urban Poor is encouraged. 4. For an existing City or Municipal Local Housing Board, an amendment of the ordinance creating the same shall be enacted to conform with the above guidelines without necessary altering the original composition of the Board. 5. A proposed ordinance is hereto_attached as Annex D, for reference. Exemption Clause The compliance certificate requirement shall not cover court-ordered evictions and demolitions. As such, the concerned courts or their officers shall not be required to apply for compliance certifications, pursuant to Section 2 of the Implementing Guidelines of Executive Order No. 152, s. 2002. Sanctions Failure to comply with the statutory requirements as stated in this Memorandum Circular, or any act of misrepresentation or fraud in connection with any information contained in any verification report or any application for certificate of compliance or in securing the same, shall subject the government officials or employees responsible for such omission, misrepresentation or fraud to:

1. Disciplinary
Government

action under Code; or

Book I, Title

Two,

Chapter

4 of the Local

2. Prosecution

under the penalty clause of Republic Act No. 7279, quote:

Section 45. Penalty Clause. - Any person who violates any provision of this Act shall be imposed the penalty of not more than six (6) years of imprisonment or a fine of not less than Five thousand pesos (P5,OOO) but not more than One hundred thousand pesos (P100,OOO),or both, at the discretion of the court xxx . Responsibility of the DILG Regional Directors All DlLG Regional Directors are directed to: (a) cause the immediate and widest dissemination of this Memorandum Circular to all concerned City and Municipal Governments within their regional assignments; and (b) submit quarterly reports regarding. applications for certificates of compliance and eviction and demolition activities as covered by the Local Housing Boards within their regional assignments.

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Responsibility of the Bureau of Local Government

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Supervision

The BLGSshall furnish quarterly reports to the Presidential Commission for the Urban Poor and shall closely coordinate with the same agency, the National Housing Authority and other government agencies concerned to assess the implementation of this Circular.
Effectivity

This Memorandum Circular shall take effect immediately.

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Annex A-1 Republic of the Philippines Province of _ City/Municipality of LOCAL HOUSING BOARD

APPLICATION FOR CERTIFICATE OF COMPLIANCE

FOR ADMINISTRATIVE DEMOLITION AND EVICTION
Pursuant to Executive Order No. 708 s. 2008

Name of Proponent: ContactPerson: Official Designation: Official Address: Telephone Numberls: Purpose of Clearing: Duration of Clearing Operation Expected Starting Date of Clearing: __ -:--":""""':"'"-:-Expected Day of Completion of Clearing Activities:. Location/Address of Affected Families:

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Checklist of Documents to be Attached to this Application (Based on Pertinent Provisions of IRR of Sec 28 UDHA) Annex 1 Masterlist of underprivileged and homeless beneficiaries (include full maiden name of spouse and basis for underprivileged and homeless status) Annex 2 Minutes and attendance of consultation meeting/s conducted (include three (3) notices of meetings and th ree (3) notices of meeting receipts Annex 3 Copies of all Notice of Demolition issued to all affected families bearing acknowledgment receipts Annex 4 Certified Photocopy of Title, as may be appropriate Tax Declaration or Tax Receipt, as may be appropriate Annex 5 Annex 6 Location Plan or Vicinity Map showing the boundary and illegal constructions Annex 7 Pictures of the Area Certification from LGU or other concerned agency that the area is Annex 8 included in the list of danger areas and public areas that are subject for clearing, or Annex 8 Certification from LGU or other concerned agency that the area is the site of an infrastructure project with available funding and shall commence within sixty (60) days after clearing of the said area, if applicable Annex 9 Proposed Development Plan of the property to be cleared Annex 10 Affidavit and/or copy of MOA of negotiated and voluntary dismantling with Board Resolution designating People's Organization's representatives, as may be appropriate Annex 11 Certification of Availability of Resettlement/Relocation Annex 12 Development Plan of relocation site

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Endorsed/Subm Date Received:

itted by:

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Authorized

Official of the Project Proponent _ Time: _

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Received by: ---:(Signature

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---::--:-_:-:-:-_ over Printed Name)

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Annex A-1 (Page 2)

I attest to the completeness and truthfulness of the foregoing. This is for the purpose of applying for a compliance certificate from the Local Housing Board for administrative demolition and eviction activities. IN WITNESS WHEREOF, _______ ,200 __ ,at hereby affix my signature this __ _ day of

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ApplicanUContact Person

this ~ his/her -

SUBSCRIBED AND SWORN BEFORE me by the ApplicanUContact Person day of __ , 200__ in , and who personally exhibited to me Community Tax Certificate No. issued at on _ IN WITNESS WHEREOF, I hereby affix my signature and seal this ~ ,200 __ at __ day

of

NOTARY PUBLIC

Annex A-2 Republic of the Philippines Province of _ City/Municipality of _ LOCAL HOUSING BOARD

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APPLICATION FOR CERTIFICATE OF COMPLIANCE

FOR SUMMARY DEMOLITION AND EVICTION
Pursuant to Executive Order No. 708 s. 2008

Name of Proponent: ContactPerson: Official Designation: Official Address: Telephone Numberls:

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Duration of Clearing Operation Expected Starting Date of Clearing: Expected Day of Completion of Clearing Activities: Location/Address of Affected Families: Number of Affected Families:
Endorsed/Submitted by:

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___"._ Authorized Official of the Project Proponent

Checklist of Documents to be Attached to this Application (Based on Pertinent Provisions of IRR of Sec 27 UDHA) Annex 1 List of Affected Families with Addresses or Location [J Annex 2 Sample Notices of Summary Eviction and Demolition given to Affected Families Annex 3 Grounds Constituting the Basis for the Summary Eviction and Demolition Annex 4 Certification that the Affected Persons are not included in the List of Potential Socialized Housing Beneficiaries as provided by Section 17 UDHA Annex 5 Other Supporting Proofs or Evidences relative to Annex 4 ReqUirement

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Date Received:

Time:

Received by:

(Signature over Printed Name)

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Annex A-2 (Page 2)

I attest to the completeness and truthfulness of the foregoing. This is for the purpose of applying for a compliance certificate from the Local Housing Board for summary demolition and eviction activities. IN WITNESS WHEREOF, _______ ,200 __ .at hereby affix my signature this __ _ day of

ApplicanUContact Person

SUBSCRIBED AND SWORN BEFORE me by the ApplicanUContact Person this __ day of __ , 200__ in , and who personally exhibited to me his/her Community Tax Certificate No. issued at _____________ on __ IN WITNESS WHEREOF, I hereby affix my signature and seal this __ ,200 __ at __ day

of

NOTARY PUBLIC

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Annex B Republic of the Philippines Province of _ City/Municipality of _ LOCAL HOUSING BOARD

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VERIFICATION
Pursuant to Pertinent Provisions

REPORT
of IRR of Section 28, UDHA

N~meofPro~,_o_n_e_n_t_: Contact Person: _QffiC?~<:'J __ Des!g~~~~!!_: Official Address: - -_._ .. _------,---------,----_Telephone Numberls: _!Ju~pose of Clearing,_: " ..
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of Clearing'--O___._p_e_ra_t_io_n_:

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Expected sta rti n9 date of cI ea ring,--: ---:---------,--:-:-:-:-----------------------------------1 EXl2ected day of completion of clearing activities: r------co~ation/address of affected areas: ~Ille of UPO/s affected: UPO President/Contact Person: Number of affected families: .-- __ -------__;___:_--____:___:--'-------------------_._--_ . ~ .._-

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A. Verification of Documents Submitted (For Administrative Demolition and Eviction) Annex 1 Masterlist of Underprivileged and Homeless Beneficiaries (include full maiden name of spouse and basis for underprivileged and homeless status) Annex 2 Minutes and Attendance of Consultation Meeting/s Conducted (include three (3) notices of meetings and three (3) notices of meeting receipts) Annex 3 Copies of all Notice of Demolition issued to all Affected Families bearing Acknowledgment Receipts Annex 4 Certified Photocopy of Title, as may be appropriate Annex 5 Tax Declaration or Tax Receipt, as may be appropriate Annex 6 Location Plan or Vicinity Map showing the Boundary and Illegal Constructions Annex 7 Pictures of the Area Annex 8 Certification from LGU or other concerned agency that the area is included in the list of danger areas and public areas that are subject for clearing, or Annex 8 Certification from LGU or other concerned agency that the area is the site of an infrastructure project with available funding and shall commence within sixty (60) days after clearing of the said area, if applicable Proposed Development Plan of the property to be cleared Annex 9 Annex 10 Affidavit and/or copy of MOA of negotiated and voluntary dismantling with Board Resolution designating People's Organization's representatives, as may be appropriate Annex 11 Certification of Availability of Resettlement/Relocation Annex 12 Development Plan of relocation site

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D Annex

(For Summary Demolition and Eviction)

1 2 List of Affected Families with Addresses or Location Sample Notices of Summary Eviction and Demolition given to Affected Families Grounds Constituting the Basis for the Summary Eviction and Demolition Certification that the Affected Persons are not included in the List of Potential Socialized Housing Beneficiaries as provided by Section 17 UDHA Other Supporting Proofs or Evidences relative to Annex 4 Requirement

D Annex

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Annex 3 Annex 4

Annex 5

""----"'------------~.-.-~--.--.-------.-.-----Notice B. Issuance of 30-Day [

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Written Notices to Affected Persons Posters Displayed Conspicuously in the Community Written Notices & Posters with Stated Reasons for Demolition

C. Conduct of Consultation Meetings

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Meetings Conducted, Including Two (2) Feedback 20 Days from the Issuance of the Notice of Demolition Majority of Affected Families Consulted Participating Agencies: 1. Local Government Units City/Municipality Administrator's Office Legal Office rEngineer's Office .- Housing Office Social Welfare Office r-Local PNP
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Meetings Within

Barangay

Officials

2. National Government Agencies Presidential Commission for the Urban Poor Housing and Urban Development Coordinating National Housing Authority Others: 3. Non-Government Organizations/People's

Council __

Organizations:

4.0thers:

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D. Adequate RelocationfReseUlement Area

Permanent Location: Area Total Generated Lots: Project Cost: Fund ing Sou rce:

Temporary

-----------------------------------------------------Average Lot Area: _ _

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Annex B
Page 3

Basic Services and Facilities Present Potable Water Power and Electricity and Adequate Power Distribution System
Sewerage Facilities and an Efficient and Adequate Solid Waste Disposal System

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Accessible to Primary/Major Roads and Transportation Facilities

o Health

Other Basic Services/Facilities

CI Security

D Education
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Others

Economic Opportunities Present in the Area:

E. Financial

Assistance

(in the absence

of a' resettlement

site)

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F. Remarks/Recommendalions:
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Total Financial Assistance Released: Amount Released Per Beneficiary: Funding Source:

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Prepared and Submitted by:

(Signature over printed name) Date Submitted: _

Noted by:

Chairman, Local Housing Board

Annex C-1 Republic of the Philippines Province of _ City/Municipality of _ LOCAL HOUSING BOARD

CERTIFICATE

OF COMPLIANCE

ON DEMOLITION

Pursuant to Executive Order No. 708 s. 2008, "Amending Executive Order No. 152, Series of 2002, And Devolving The Function Of The Presidential Commission For The Urban Poor As The Clearing House For The Conduct Of Demolition And Eviction Activities Involving The Homeless And Underprivileged Citizens To The Respective Local Government Units (LGUs) Having Territorial Jurisdiction Over The Proposed Demolition And Eviction Activities Of Government Agencies, this Certificate of Compliance is hereby issued to the Name of proponent for the administrative demolition of structures within Location

Said proponent has complied with the requirements of "Just and Humane Demolition and Eviction" prescribed under Section 28, pre-relocation phase of Republic Act No. 7279 or the Urban Development and Housing Act of 1992. Further, this Certificate authorizes police assistance to the herein proponent. This Certificate of Compliance shall be valid within sixty (60) days from the scheduled date of demolition as stipulated in the Notice of Demolition issued by the said proponent. Issued this day , 200_ at ' Philippines.

Chairman, Local Housing Board

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Annex C-2 Republic of the Philippines Province of _ City/Municipality of _ LOCAL HOUSING BOARD

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CERTIFICATE OF COMPLIANCE ON DEMOLITION

Pursuant to Executive Order No. 708 s. 2008, "Amending Executive Order No. 152, Series of 2002, And Devolving The Function Of The Presidential Commission For The Urban Poor As The Clearing House For The Conduct Of Demolition And Eviction Activities Involving The Homeless And Underprivileged Citizens To The Respective Local Government Units (LGUs) Having Territorial Jurisdiction Over The Proposed Demolition And Eviction
Activities Of Government Agencies,

this Certificate of Compliance is hereby issued to

the

Name of Proponent for the summary demolition of structures within Location

Said proponent has complied with the requirements prescribed under Section 27, pre-eviction and demolition phase of Republic Act 7279 or the Urban Development and Housing Act of 1992. Further, this Certificate authorizes police assistance to the herein proponent. This Certificate of Compliance shall be valid within fifteen (15) days from the scheduled date of demolition as stipulated in the Notice of Demolition issued by the said proponent. Issued this day , 200 at , Philippines.

Chairman, Local Housing Board

,I Annex Republic of the Philippines Province of City/Municipality of

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OFFICEOF THE SANGGUNIANGPANLUNGSOD/BAYAN

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ORDINANCE NO.

AN ORDINANCE CREATING THE CITY/MUNICIPAL HOUSING BOARD, DEFINING ITS CLEARINGHOUSE FUNCTIONS PURSUANT TO EXECUTIVE ORDER NO. 708, S. 2008, AND FOR OTHER PURPOSES Introduced by Councilor _ IN A

BE IT ORDAINED BY THE SANGGUNIANG PANLUNGSOD/BAYAN OF SESSIONASSEMBLEDTHAT:

Section 1. Creation - Pursuant to Executive Order No. 708, s. 2008, there is hereby created a local housing board which shall be called as the " , City/Municipal Housing Board." Section 2. Composition - The City/Municipal Housing Board, which shall hereinafter be referred to as the "Board," shall be composed of the following: Chairperson Members : : City or Municipal Mayor

1. Chairperson, Sanggunian Committee on Housing and Urban Development or

its equivalent; 1 2. City or Municipal Planning and Development Coordinator; 3. City or Municipal Engineer; 4. A representative from the Presidential Commission for the Urban Poor;

5. A representative of a duly accredited People's Organization and operating in the city or municipality. Provided, that a People's Organization which is already represented in the Local Development Council may be concurrently represented in the Board; and 6. A representative of a SEC· registered and duly accredited Non-Governmental Organization and operating in the city or municipality. Provided, that a Non-Governmental Organization which is already represented in Local Development Council may be concurrently represented in the Board. Section 3. Powers and Functions. - As the sole clearing house for eviction and demolition activities concerning informal settlers in danger areas, public places and government projects, the Board shall exercise the following powers and functions: 1. Monitor all evictions and demolitions, summary, or court-ordered; whether VOluntary, extra-judicial,

2. Require the proponent of eviction and demolition, i.e., national government department, agency, institution or local government, or its duly authorized representative, to first secure from the Board the Checklist, Guidelines and Eviction and Demolition Compliance Certificate prior to the actual implementation thereof and, thereafter, to submit to the Board the completed Checklist, attested to under oath by the proponent and indicating that: (a) Adequate consultations with the affected families were undertaken; (b) Adequate resettlement and site and relocation facilities are made available;

(c) The provisions of Section 3, paragraph 1 of the Implementing Rules and Regulations of Section 28 of Republic Act No. 7279 (Pre-relocation) have been complied with; and

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Section 4. Application for an Eviction And Demolition Compliance Certificate Every proponent of an extrajudicial eviction and demolition, whether administrative or summary, shall, prior to actual eviction and demolition, secure a Compliance Certificate from the Board. The process of applying for the said certificate shall be as follows: 1. In the case of an administrative eviction and demolition involving the underprivileged and homeless, the proponent shall obtain from the Board, the proper application form for certificate of compliance and submit the same together with the required documents as listed in the appropriate Checklist at least fifteen working (15) days prior to the actual conduct of eviction and demolition. In the case of a summary eviction and demolition, the proponent shall likewise obtain an application for certificate of compliance. Provided, that the said application shall be submitted at least seven (7) working days prior to the conduct of the same, pursuant to the rules on summary demolitions. However, in the event that the affected persons are found to be among those subject to administrative eviction or demolition, the Board shall immediately inform the proponent and require the proper application for certificate of compliance. In the case of a voluntary eviction and demolition, the proponent shall obtain from the Board, the proper application for certificate of compliance and submit the same together with the required documents as listed in the appropriate Checklist at least fifteen working (15) days prior to the actual conduct of eviction and demolition. 2. If the application is sufficient in form and substance, the Board, upon verification approves the application, issues the proper certificate of compliance and notifies the proponent. 3. The certification shall indicate the name of the proponent, the purpose and location of the area applied for eviction and demolition, a statement of compliance to the pertinent rules covering the eviction or demolition applied for, an authorization or approval for the rendering of police assistance, validity period, the date of issuance, and the authorized Signature. 4. If the application is incomplete in form and substance, the Board informs the proponent and the latter has to comply with the deficiency within ten working (10) days from notification, with the exception of a summary eviction and demolition which shall be complied with within three (3) working days from notification. In the event that the deficiency is not complied with within the periods mentioned herein, the proponents shall be required to re-apply for a new compliance certificate. 5. In cases where the Board issues a certification or the proponent has already complied with the deficient requirements for application and thus acquired a certification, the eviction and demolition will proceed as a matter of course. '
Sec. 5. Authorized

Police Assistance - A proponent of an eviction and demolition, may be provided with duly authorized police assistance only upon prior compliance with the statutory requirements under Sections 27, 28 and 30 of Republic Act No. 7279 and their implementing rules and regulations, checklist and compliance certificate requirements, or with the written notice requirement when applicable, as certified or authorized by the Board. In the case of a court-ordered under the following circumstances: demolition, police assistance shall only be allowed

1. In pursuance of any court order specifying police action or assistance; 2. In any case or event where voluntary eviction and dismantling of structures are agreed upon, in writing, by the concerned parties, and approved by the Board; 3. In the case of a local infrastructure project where police assistance approved, in writing, by the duly authorized official of the Board; is

4. In the case of a national' infrastructure projects. Provided, however, that the , duly authorized official of the Board has approved the same in writing; and 5. In any other case of eviction and demolition where police assistance is necessary to preserve peace and order. Provided, however, that the duly authorized official of the Board has approved the same in writing. For purposes of the above, a written request by the sheriff for police assistance in the implementation of a court order or writ with certified copies of the said order or writ annexed therein shall suffice for the police to render assistance without further need of obtaining the approval of the Board. In lieu of the approval of the Board, the concerned PNP Officer shall merely inform the Board in writing of the date of eviction and demolition at least three (3) days prior to the actual conduct of the same. The written notice shall contain copies of the sheriff's request for police assistance, the order or writ to be implemented and other pertinent documents. In any of the circumstances specified above, the members of the PNP tapped to provide police assistance must be in proper uniform and in appropriate cases, carry with them the necessary documents supporting the provision of police action or assistance. The provisions of the above notwithstanding, the request for police assistance shall still be subject to the pertinent guidelines and regulations of the Philippine National Police. Section 6. Oversight. - The Board shall, in coordination with other government agencies including the proponent, oversee the conduct of evictions and demolitions in accordance with Sections 27, 28 and 30 of RA 7279 and their implementing rules and regulations. In the case of an extra-judicial eviction and demolition as defined in the implementing guidelines of Executive Order No.152, s. 2002, the compliance certificate applications shall constitute inputs for data-banking activities, and serve as advance notice to ensure Board's presence or its representative during the conduct of an eviction and demolition. In the case of a court-ordered eviction and demolition, the Board shall establish the appropriate schemes to monitor the same in coordination with the pertinent government agencies. In monitoring the actual conduct of a demolition, the Board has to observe the conduct of an actual eviction and demolition and prepares a detailed report on the compliance or non-compliance of said activity to Sections 27, 28 and 30 of RA 7279 and their IRR. Section 7. Meeting and Quorum - The Board shall meet at least once a month or as often as may be deemed necessary. The presence of the Chairman and the majority of the members of the Board shall constitute a quorum to transact official business. Section 8. Executive Committee - The Board shall create a three-member Executive Committee (ExeCom) from among its members to represent it and act in its behalf when it is not in session. The Mayor or his duly designated representative shall head the Execom. Section 9_ Secretariat - The Board shall appoint at least two (2) staff who will act as Secretariat of the Board. Section 10. Budget - The city/municipal government shall appropriate at least one percent (1%) of its annual Internal Revenue Allotment (IRA) for the operations and activities of the Board. Section 11. Cooperation of Concerned Agencies. - The Board shall coordinate with all concerned government agencies, such as the Department of the Interior and Local Government (DILG), Philippine National Police (PNP), department of Social Welfare and Development (DSWD), Department of Public Works and Highways (DPWH), Department of Health (DOH), Housing and urban Development coordinating council (HUDCC), the National Housing Authority (NHA), and the Presidential Commission for the Urban Poor (PCUP)to ensure the effective and efficient implementation of this Ordinance.

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Government (DILG), Philippine N·ational Police (PNP), department of Social Welfare and Development (DSWD), Department of Public Works and Highways (DPWH), Oepartrrient of Health (DOH), Housing and urban Development coordinating council (HUDCC), the National Housing Authority (NHA), and the Presidential Commission for the Urban Poor (PCUP)to ensure the effective and efficient implementation of this Ordinance. Section 12. Submission of Periodic Reports. - The Board shall submit quarterly reports to the Department of the Interior and Local Government, through the DILG Regional Office, relative to the status of compliance with the provisions of this Ordinance and the pertinent provisions of laws governing eviction, demolition and relocation activities. Section 13. Penalties - Failure to comply with the statutory requirements as stated in this Memorandum Circular, or any act of misrepresentation or fraud in connection with any information contained in any verification report or any application for certificate of compliance or in securing the same, shall subject the government officials or employees responsible for such omission, misrepresentation or fraud to: 1. Disciplinary action under Book I, Title Two, Chapter 4 of the Local Government Code; or 2. Prosecution under the penalty clause of Republic Act No. 7279, quote:
Section 45. Penalty Clause. - Any person who violates any provision of this Act shall be imposed the penalty of not more than six (6) years of jmpr~sonment or a fine of not less than Five thousand pesos (P5,OOO) but not more than One hundred thousand pesos (P100,OOO), or both, at the discretion of the court xxx ,

Section 14. Repealing Clause - All ordinances and other city (municipal issuances, or any part or parts thereof, which are inconsistent with the provisions of tnis Ordinance are hereby repealed or modified accordingly. Section 15, Separability Clause. - Should any provision of this Ordinance be declared invalid, the validity of the other provisions hereof shall be unaffected thereby. Section 16. Effectivity. CERTIFIEDCORRECT: Secretary to the Sanggunian ATIESTED: Vice Mayor Local Sanggunian Members: - This Ordinance shall take effect upon its approval.

APPROVED: City (Municipal Mayor Date: __