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2023 IMPLEMENTING GUIDELINES OF EXECUTIVE ORDER NO.

13

Pursuant to Section 10 of Quezon City Ordinance SP No. 2491 s. 2016 otherwise


known as “An Ordinance Penalizing Professional Squatting, providing for Summary
Demolition and Relocation within Quezon City, pursuant to Republic Act No. 7279 (RA
7279) and other purposes.” and Executive Order No. 13 creating the Quezon City
Committee Against Squatting Syndicates and Professional Squatters (“QC-CASSPS”),
the QC-CASSPS may promulgate its own rules concerning pleadings and practices before
it.

RULE I.
GENERAL PROVISIONS

SECTION 1. TITLE. – This implementing guidelines shall be known and cited as the
2022 Implementing Guidelines of Executive Order No. 13 (hereinafter called
“Guidelines”)

SECTION 2. PURPOSE. – This Guidelines is promulgated for the purpose of


prescribing the necessary rules and regulations for the identification and curtailment of
activities of professional squatters and squatting syndicates within Quezon City and to
effectively carry into effect the provisions of Quezon City Ordinance So No. 2491 s. 2016,
RA 7279, and other pertinent laws relevant thereto.

SECTION 3. DECLARATION OF POLICIES. -- The provisions of this implementing


guidelines are in accordance with the Policy of the City Government to safeguard the
interest of legitimate land owners, title holders, bonafide occupants/ settlers of urban
lands, and persons with a legally recognized right under the law in Quezon City, as well
as the welfare of the City’s inhabitants and citizens from other localities who are potential
victims of Professional Squatters and Squatting Syndicates.

Toward this end, the city government shall pursue an intensive and unrelenting
campaign against professional squatters and squatting syndicates through an integrated
system of monitoring, planning, implementation, and enforcement of pertinent city
ordinances and national laws.

SECTION 4. GOVERNING LAWS

A. Republic Act No. 7279 – Urban Development and Housing Act of 1992;
B. Quezon City Ordinance No. SP-2771 s. 2018 – Quezon City Comprehensive
Socialize Housing Code of 2018;
C. Quezon City Ordinance No. SP-2491 s. 2016 – Anti-Professional Squatting
Ordinance of Quezon City;
D. Executive Order No. 13 s. 2020 – An Order institutionalizing the Quezon City
Committee Against Squatting Syndicates and Professional Squatters pursuant to DILG
Memorandum Circular No. 2012-04;
E. DILG MC NO. 2012-04 – Creation of Local Committees and/or similar bodies
against squatting syndicates and professional squatters (LCASSPS).
F. DILG MC NO. 2017-89 - Policies and Guidelines on the Monitoring, Treatment
and Resettlement of Informal Settler Families and the Maintenance of Cleared Areas.

SECTION 5. SCOPE AND APPLICATION OF THIS GUIDELINES. -- The


Guidelines shall apply to all lands within the jurisdiction of Quezon City- whether
publicly or privately owned notwithstanding its classification and land use- where act(s)
of professional squatting and/or operation(s) of the squatting syndicate(s) is allegedly
committed, being committed, attempted or is threatened to be committed by a transient
or resident staying or living within the jurisdiction of Quezon City; provided that, a
member of a squatting syndicate(s) residing outside Quezon City but whose nefarious
acts and its effects are committed within Quezon City shall likewise be covered by the
Guidelines.

SECTION 6. CONSTRUCTION OF THIS GUIDELINES. – This Guidelines shall be


construed to secure the most expeditious and least expensive determination of every
proceeding before the QC-CASSPS on its merits, consistent, however, with the
requirements of justice.

SECTION 7. DEFINITION OF TERMS

A. “Blighted lands” refers to the areas where the structures are dilapidated, obsolete,
and unsanitary, tending to depreciate the value of the land and prevent normal
development and use of the area.

B. "Consultation" refers to the constitutionally mandated process whereby the


public, on their own or through people's organizations, is provided an opportunity to be
heard and to participate in the decision-making process on matters involving the
protection and promotion of its legitimate collective interest, which shall include
appropriate documentation and feedback mechanisms;

C. “Danger Areas” – the term shall include esteros, railroad tracks, garbage dumps,
riverbanks, shorelines, waterways, and other public places such as sidewalks, roads,
parks, and playgrounds;

D. “False or Falsified Title” – includes transfer certificates of title declared null and
void, false or fraudulent by a competent court or titles not recorded before the registry of
deeds.

E. “Illegal Structures” – Illegal structures shall include any structures in danger areas
whether existing or new, including those previously cleared areas whether full or
partially cleared, structures constructed without the appropriate building permits or
consent of the registered owners, or structures or any improvement on existing dwelling
units without an occupancy permit.

F. “Informal Settler Families (ISF)” – Families living in dwellings or improvements


on the land of another without any form of security of tenure, whether by ownership,
lease or usufruct. The term shall also include those living on danger areas such as esteros,
railroad tracks, garbage dumps, riverbanks, shorelines, waterways, easements and other
public places such as sidewalks, roads, parks, and playgrounds;

G. “New Structure” – refers to a new structure constructed by any bonafide occupant


of urban lands in Quezon City separate from the actual residential unit occupied by him
without the consent of the landowner or the appropriate permit from the city
government.

H. “Person Complained of” – individual(s) or group (s) against whom the complaint
initiated by the landowner or person with a legally recognized right is directed or
individual(s) or group (s) reported by the BAU as an alleged professional squatter or
member of a squatting syndicate, or endorsed or referred as such by the TASKFORCE
COPRISS or City Legal Department

I. “Police Assistance” refers to the peacekeeping and law enforcement support of


the PNP during the conduct of Demolitions and/or Evictions.

J. “Professional Squatting” – refers to an individual or group’s act of (1) occupying


a land without the express consent of the landowner despite having a sufficient source of
income for legitimate housing, (2) selling, leasing, or transferring the home lots or
housing units previously awarded to them by the Quezon City Government in order to
settle illegally in the same place or urban area, (3) intrusion and non-bona fide occupation
of lands reserved for socialized housing, (4) constructing extensions or annexes to the
occupants/settlers’ houses for the purpose of selling/leasing, and (5) constructing new
structure within the same barangay without proper permit/authority.

The term shall not apply to individuals or groups who simply rent land or housing
from professional squatters or squatting syndicates.

K. “Professional squatters” – refers to individuals or groups who engage in the act


of professional squatting.

L. “Residential Extension/Annex” – refers to any structure to be attached to an


existing residential unit in urban lands, whether vertical or horizontal, for the purpose of
selling, leasing or any gainful activity.

M. “Respondent” – individual(s) or group(s) against whom a Notice to file an answer


has been issued by the QC-CASSPS.

N. “Squatting Syndicates” – refers to a group of persons engaged in the business of


squatters housing for profit or gain. The term shall include individuals or groups who
use false, falsified transfer certificates of titles who authorize and/or encourage ISF to
reside or rent thereon or sell or encumber lands covered by false or falsified title and its
derivatives.

O. “Urban Areas” – refers to all cities regardless of their population density and to
municipalities with a population density of at least five hundred (500) persons per square
kilometer;
P. “Underprivileged and homeless citizens” - refers to the beneficiaries of Republic
Act no. 7279 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;

Q. “Victims of Professional Squatting” – refers to any person who are lessees or


buyers of a residential extension /annex or new structure. The term shall include a lessee,
buyer, or any person who derives his right from professional squatters or squatting
syndicates. Provided, however, that in the event that the victim performs any overt act
constituting any of the prohibited acts hereunder, he/she shall be considered a
professional squatter.

RULE II.
IMPLEMENTING AGENCIES AND ITS COMPOSITION, FUNCTIONS AND
POWERS

SECTION 1. QUEZON CITY COMMITTEE AGAINST SQUATTING


SYNDICATES AND PROFESSIONAL SQUATTERS (QC-CASSPS). --

A. COMPOSITION:
Chairperson : Head, City Legal Department

Co-Chairperson : Head, Housing Community Development and


Resettlement Department (HCDRD)

Member- : 1. District Director, Department of Interior and


Representatives from Local Government (DILG) Quezon City Field Office
various 2. Secretary to the Mayor
agencies/departments 3. Chairperson, Sangguniang Panglungsod,
Committee on Urban Poor and Human Settlement
4. Chairperson, Sangguniang Panglungsod,
Committee on Public Works and Infrastructures
5. Chairperson, Sangguniang Panglungsod,
Committee on Justice and Human Rights
6. President, Liga ng mga Barangay
7. Head, Barangay and Community Relations
Department
8. District Director, Quezon City Police District
9. Designated Representative, Presidential
Commission on Urban Poor
10. President of a PCUP-accredited Quezon
City Urban Poor organization or his designated
permanent alternative, as may be approved by the
other members
11. Designated Representative, Department
Human Settlement and Urban Development
12. Designated Representative, Commission
on Human Rights, National Capital Region
13. Designated Representative, Public
Attorney’s Office, Quezon City
14. Representative from the private sector
who shall be chosen by the above members.
Secretariat : Head, Housing Community Development and
Resettlement Department (HCDRD)

The Committee may invite provisional non-voting representatives from national


government agencies, regulatory bodies, the private sector, and such other persons or
agencies as may be deemed necessary, as resource speakers to introduce comments and
recommendations to the Committee.

The Quezon City Prosecutor’s Office shall be invited to observe and attend Committee
meetings accordingly.

B. POWERS AND FUNCTIONS

1. Adopt the necessary measures to identify and effectively curtail the activities of
professional squatters and squatting syndicates, including the names of public officials
and/or private individuals or entities suspected of abetting or tolerating the commission
of any of the prohibited acts.

2. Provide the Department of Human Settlement and Urban Development (DHSUD)


and the National Housing Authority (NHA) copies of the list of identified professional
squatters and squatting syndicates 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 professional squatters and squatting


syndicates, giving priority to small property owners, and make available through the
Philippine National Police (PNP) and the Department of Justice (DOJ), a consolidated list
of professional squatters and squatting syndicate.

4. File or assist the complainant in filing appropriate charges before the Prosecutor’s
Office.

5. Undertake investigation of cases forwarded to it involving violation of laws or


rules relative to eviction and demolition

6. Prepare recommendations for the appropriate course of action to be taken and


refer the same to the concerned agencies.
7. Monitor eviction and demolition activities and establish its own monitoring
system.

8. Submit reports to the DSHUD and the office of the President, copy furnished the
concerned agencies involved in the implementation of RA 11201 and RA 7279.

9. Request for assistance from the Philippine National Police, the Armed Forces of
the Philippines or any of their component units, or law enforcement agencies to assist in
the enforcement and execution of the Committee’s decisions, orders, resolutions and
other processes.

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

11. Perform any other functions as may be authorized and appropriate under the
relevant laws and regulations.

12. The Committee shall likewise exercise such powers as are implied in or are
necessary to the effective exercise of its express powers.

C. MEANS TO EFFECT POWERS AND JURISDICTION

All processes and other means necessary to carry into effect its powers or jurisdiction
may be employed by the Committee; and if the procedure to be followed in the exercise
of such power or jurisdiction is not specifically provided for by law or these guidelines,
any suitable process or proceeding may be adopted.

SECTION 2. BARANGAY ANTI-SQUATTING TEAMS --

A. COMPOSITION:
Chairperson : Punong barangay

Members : 1. All Barangay Kagawad


2. Head, Barangay Public Safety Officer

B. POWERS AND FUNCTIONS

1. Conduct a fact-finding investigation to verify reports and allegations of


professional squatting and/or operations of squatting syndicates.

2. Report new illegal structures, professional squatters and/or squatting syndicates


to the LCASSPSS.

3. Notify new illegal structures and returning squatters of their violation and of the
possibility of demolition in case of failure to remove the illegal structure.

4. Conduct information dissemination campaign necessary to prevent the creation of


illegal structures to prevent cleared areas from returning to blighted land status.
5. Maintain a database of ISF living within their respective jurisdiction.

6. To perform such related functions as may be authorized by law, regulations, or


upon instruction of the QC-CASSPS

7. The BAU shall likewise exercise such powers as are implied in or are necessary to
the effective exercise of its express powers.

RULE III.
PROHIBITED ACTS

SECTION 1. PROHIBITED ACTS BY A PRIVATE INDIVIDUAL OR GROUP. --


It shall be unlawful for any occupants/settlers of urban lands in Quezon City:

1.) To sell, lease or transfer their occupied land/constructed house and then settle
illegally in the same place or another urban area;

2.) To construct residential extensions or annexes (vertical or horizontal) to an already


built houses, shanties or residential units for the purpose of selling/leasing; and

3.) To construct new structure/building or subdivide vacant lands within the same
barangay without the authority of the landowner or appropriate permit from the
government

4.) To occupy lands within the City without the authority of the landowner, or have
other lease the same without the authority from the land owner.

5.) To occupy, construct structures on, or sell, lease, encumber otherwise dispose land
considered as defined danger areas.

6.) To sale, lease, encumber, or otherwise dispose lands or portion thereof covered by
fake or falsified land titles.

7.) To commit any act that falls within the definition of professional squatting and/or
squatting syndicate.

SECTION 2. LIABILITY OF A GOVERNMENT EMPLOYEE OR PUBLIC


OFFICIAL. – It shall be prohibited for any government employee or public official to
induce or cause the commission of an act constituting professional squatting or operation
of squatting syndicates, or any prohibited act enumerated herein.

A government employee or public official, who despite knowledge of the existence of


any act constituting professional squatting or any operation done by squatting syndicates
or the commission of any prohibited act enumerated herein within his jurisdiction, fails
to abate or take action or tolerates the same, shall likewise be liable. This is without
prejudice to any administrative liability.
RULE IV.
PROCEDURE BEFORE THE QC-CASSPS

SECTION 1. NATURE OF PROCEEDINGS. -- The proceedings before the


Committee shall be non-litigious in nature.

Subject to the essential requirements of due process, the technicalities of law and
procedures and the rules governing the admissibility and sufficiency of evidence
obtained in the courts of law shall not apply.

The Committee shall employ, at its discretion, reasonable means to ascertain the
facts of the controversy including the conduct of ocular inspection of the premises in
question, if necessary.

The Committee shall also limit the presentation of evidence by the contending
parties only to matters relevant and material to the issues and necessary for a just,
expeditious, and inexpensive disposition of the case.

SECTION 2. ACTION HOW COMMENCED. -- Any action falling within the


jurisdiction of the Committee may be initiated either through the filing of a verified
complaint from the land owner or any person having a legally recognized right over the
land, a report from the barangay anti-squatting unit, or a referral or endorsement from
the COPRISS or City Legal Department.

Upon the filing of the complaint, report, endorsement, or referral, the hour, day,
month, and year, when it was filed, shall be stamped thereon.

2.1 Verified Complaint initiated by the Land Owner

Requisites and contents of a valid Complaint –

1. The complaint shall state the name and residence of the complainant and
that of the Person Complained of (POC), who is an alleged professional squatter
or a member of a squatting syndicate.

2. The complaint shall be written in a clear, simple, concise language,


specifically enumerating the facts constituting the cause of action, and the relief
being sought.

3. The complaint shall state the right of the complainant over the property in
controversy.

4. It shall state the area of the land involved and the Barangay where the land
is located, or if the land is located in two (2) or more barangays, the barangay
where the larger portion of the land is located.

5. The complaint shall include certified true copies of documentary evidence


and affidavit (s) of his witnesses and photos of the property in controversy.
6. The complaint shall be duly signed by the complainant, or his counsel, or
by one who can show a special power of attorney to represent the complainant.

7. The complaint should be verified

8. It must also be accompanied by a certification from the barangay that the


POC has sufficient means of income to afford his own housing, if applicable.

9. The complainant shall certify under oath, in the complaint or sworn


certification annexed thereto and simultaneously filed therewith, that:

9.1 He has not commenced any other action or filed any claim involving
the same land or issue in any court, tribunal, or quasi-judicial agency;
9.2 To the best of his knowledge, no such other action or claim is
pending therein;
9.3 He has no knowledge of any controversy or proceeding involving
the status of said parcel of land or the rights of person/s over its possession,
the determination of which is filed before any tribunal, court, or any other
agency;
9.4 Should there be any same or similar action or proceeding involving
the property, which is either pending or may have been terminated, he shall
report such fact within five (5) days from knowledge thereof to the
Committee with whom the complaint was filed.

The absence of any of the aforementioned requirements may be a ground for


summary dismissal of the complaint without prejudice to its refiling upon compliance
with the above requirements.

2.2 Report from the Barangay Anti-Squatting unit

Requisites and contents of a valid Report from the Barangay Anti-


Squatting unit-

1. The Report shall state the name and residence of the Person
Complained of (POC), who is an alleged professional squatter or squatting
syndicate.

2. The Report shall be written in a clear, simple, concise language,


specifically enumerating the facts constituting the cause of action.

3. It shall state the area of the land involved and the Barangay where
the land is located, or if the land is located in two (2) or more barangays,
the barangay where the larger portion of the land is located.

4. The Report shall include the affidavit (s) of witnesses and


documentary evidence, if any, including photos of the property in
controversy.
5. It shall state the steps or action taken to verify the allegations of
professional squatting and/or squatting syndicates.

6. The report must include the recommendations of the BAU.

7. It must be accompanied by a certification from the barangay that the


Respondent has sufficient means of income to afford his own housing, if
applicable.

8. It must be certified by the Punong Barangay

9. It must be accompanied by a Barangay Resolution affirming the


report.

2.3 Endorsement or Referral from the TASKFORCE COPRISS or City Legal


Department

Requisites and contents of a valid Endorsement or Referral from the


TASKFORCE COPRISS or City Legal Department-

1. The Endorsement or Referral shall state the name and residence of


the Person Complained Of (POC), who is an alleged professional squatter
or squatting syndicate.

2. The Endorsement or Referral shall be written in a clear, simple,


concise language, specifically enumerating the facts constituting the cause
of action.

3. It shall state the area of the land involved and the Barangay where
the land is located, or if the land is located in two (2) or more barangays,
the barangay where the larger portion of the land is located.

4. The Endorsement or Referral shall include the affidavit (s) of


witnesses and documentary evidence, if any, including photos of the
property in controversy.

SECTION 3. WITHDRAWAL OF THE COMPLAINT. -- The withdrawal of the


complaint does not result in its outright dismissal nor discharge the person(s) complained
of from any liability. Where there is obvious truth or merit to the allegation in the
complaint or where there is documentary evidence that would tend to prove the guilt of
the person/s complained of, the same should be given due course.

SECTION 4. ISSUANCE OF A NOTICE TO FILE ANSWER. -- A notice to file an


answer shall be issued attaching therewith a copy of such complaint, affidavit, and
documentary evidence if any.
The notice shall direct the PCO to file an answer to the complaint attaching
therewith the necessary affidavits and other documentary evidence, if any, within a non-
extendible period of fifteen (10) calendar days from receipt thereof, furnishing a copy to
the complainant(s).

If the PCO cannot be served within a reasonable time, service may be effected:

a. By leaving a copy of the summons at the PCO’s residence with some person of
suitable age and discretion residing therein; or
b. By leaving copies at the PCO’s office or regular place of business with some
competent person in charge thereof.

The provisions on service of summons as provided in the Rules of Court shall have a
suppletory effect.

SECTION 5. BY WHOM SERVED. -- The notice to file an answer with the attached
affidavits and documentary evidence, if any, may be personally served by any personnel
authorized by the Committee or by registered mail.

SECTION 6. ANSWER. -- The PCO shall file a sworn answer to the complaint within
ten (10) calendar days from the receipt thereof. It must be accompanied by certified true
copies of his documentary evidence and/or affidavits of witnesses, if any, including
photos of the property in controversy.

The ten (10) day-reglementary period within which the PCO is required to answer
shall not be extended.

SECTION 7. FAILURE TO FILE AN ANSWER. -- The PCO’s failure to submit an


answer within the reglementary period shall be considered a waiver thereof. He shall be
declared in default and the Committee may issue an order, decision or resolution even
without his answer.

SECTION 8. REPLY AND REJOINDER. – A reply may be filed within five (5) days
from the service of the pleading responded to. Thereafter, a rejoinder may be filed within
five (5) days from the receipt of the reply.

SECTION 9. CLARIFICATORY CONFERENCE. -- The Committee may conduct a


clarificatory conference (s) within a period to be determined by it. During the clarificatory
conference, the Committee shall have control of the proceedings.

At the conference, the affidavits submitted by the parties shall constitute the direct
testimonies of the witnesses who executed the same. A witness notified to appear may be
subjected to clarificatory questioning even without submitting his affidavit.

Upon termination of the clarificatory conference, the case shall be deemed submitted
for decision or resolution.
SECTION 10. RECORD OF THE PROCEEDINGS. -- The Secretariat shall make a
written summary of the proceedings which shall be attested by the parties or their counsel
and shall form part of the records of the case. Should any party refuse to sign, the reason
for such refusal shall be noted therein.

SECTION 11. DECISION; HOW RENDERED. -- The Committee shall render the
decision on the merits of the case within thirty (30) days after the filing of the last
responsive pleading, or after the lapse of the period to file last responsive pleading
without the same having been filed or after the clarificatory hearing shall have been
concluded by the Committee or within a period to be determined by the Committee.

In every case heard by the Committee, the orders, decisions, and resolutions disposing
of the merits of the matter within its jurisdiction shall be reached after deliberation and
consultation and with the concurrence of at least a majority of the regular members
present therein.

Each regular member is entitled to one (1) vote; provided that, the Chairman is
entitled to vote in case of a tie. Provided further that, Honorary Members and Resource
speakers are not entitled to vote in any case brought before the Committee.

SECTION 12. FINALITY OF ORDER, DECISION OR RESOLUTION. -- The


decision or resolution of the Committee shall be final and executory after the lapse of
fifteen (15) days from receipt thereof. Thereafter, it shall be adopted and affirmed by the
Local Housing Board (LHB).

The parties and the Local Housing Board shall be furnished with a copy of the order,
decision, or resolution of the Committee.

SECTION 13. MOTION FOR RECONSIDERATION. -- Within fifteen (15) days


from receipt of notice of the order, decision, or resolution of the Committee, a party may
move for reconsideration for such decision, order, or resolution on the ground that:

a. the findings of fact in the said decision, order, resolution is not supported by
substantial evidence; or

b. the conclusions stated therein are contrary to law and jurisprudence.

The motion for reconsideration shall be filed together with proof of service of a copy
thereof to the adverse party.

Only one (1) Motion for Reconsideration shall be allowed for each party.

SECTION 14. DELISTING. – Any individual or group declared as a professional


squatter and/or squatting syndicate pursuant to this rules may apply for delisting after
the lapse of five (5) years from receipt of the Decision of the Committee and upon
showing sufficient cause for the same.
The Petition for Delisting shall be filed with the Committee along with the
recommendation from the Barangay Anti-Squatting Unit showing that such person or
group is no longer performing any of the prohibited acts under this rules. The Committee
shall render a Decision on the same within thirty (30) days after the receipt of the Petition

Provided that any individual or group declared by the Committee as a professional


squatter or squatting syndicate and thereafter have been absolved as such by a court of
competent jurisdiction, may immediately file for delisting after the decision of the court
became final and executory by presenting a certified true copy of the decision and entry
of judgement rendered by the court.

SECTION 15. HEARING BEFORE THE PRESIDING CHAIRMAN. -- Any


provision notwithstanding, where the composition of the Committee has not been
constituted, the Presiding Chairman may, to protect and promote public interest, hear
and decide all cases, as well as all pending motions for reconsideration before the Board.

RULE V
PROSECUTION

SECTION 1. PROSECUTION. – If the PCO is found have committed any of the acts
constituting professional squatting or operating as a squatting syndicate or committing
any of the prohibited acts enumerated herein, the Committee may in its own initiative
file or assist the complainant in filing appropriate charges before the Office of the
Prosecutor.

SECTION 2 . APPLICABILITY OF THE RA 7160, CIVIL SERVICE LAW AND


OTHER RULES. – The procedures set forth in the pertinent provisions of the Civil Service
Law, Local Government Code of 1991 (RA 7160) and other laws or rules relative to the
suspension, dismissal, administrative case or disciplinary action against officers and
employees are hereby adopted and read into these rules.

However, an acquittal for a charge or violation of Section 27 of Republic Act No. 7279
shall not automatically result in the revocation of the Resolution or Decision of the
Committee declaring the certain individual or group as a professional squatter or
squatting syndicate operating within the City.

Upon termination of the proceedings before the Committee, it shall report the erring
government employee or public official to the City Legal Department, who shall refer the
same to the appropriate disciplinary authority for appropriate action. In case of elected
Barangay Officials, the same shall be reported to the Special Investigative Committee of
the Sangguniang Panglungsod.

The report to be transmitted by the Committee to the City Legal shall contain the
following:

a. Case title and number;


b. A brief statement of material facts;
c. Findings and conclusions
RULE VI.
HOW THE QC-CASSPS TRANSACT BUSINESS

SECTION 1. QUORUM; VOTES REQUIRED. – The majority of the members of the


Committee shall constitute a quorum for the purpose of transacting business. The
concurrence of at least a majority of the members of the Committee present during the
deliberation or consultation shall be necessary for the pronouncement of a decision,
order, or resolution.

Each regular member is entitled to one (1) vote; provided that, the Chairman is
entitled to vote in case of a tie. Provided further that, Honorary Members and Resource
speakers are not entitled to vote in any case brought before the Committee.

SECTION 2. MEETING. -- The Committee shall meet quarterly on such day and time
as it may specify or whenever the need arises, at the Quezon City Hall or at such other
places in the Philippines as it may designate.

SECTION 3. POWERS AND DUTIES OF THE PRESIDING CHAIRMAN. – The


powers and duties of the Presiding Chairman or his authorized representative when
discharging the Committee’s functions in cases pending before it shall be as follows:

d. To issue calls for the meetings of the Committee;


e. To preside over the session of the Committee;
f. To preserve order and decorum during the meeting;
g. To change the composition of the Committee in accordance with Section 3
hereof;
h. To hear and decide pending motions for reconsideration before the
Committee in accordance with Section 11 hereof;
i. To take such other measures as he may deem proper upon consultation
with the other members of the Committee.

SECTION 4. CHANGE IN COMPOSITION. – Except those members prescribed


under DILG Memorandum Circular 2008-143 s 2008, the composition of the Committee
may be changed by the Chairman of the Committee whenever necessary; provided that
no change shall be made more than once every three (3) months; provided moreover, that
notice thereof in writing shall be furnished to the member.

SECTION 5. ENDORSEMENT TO OTHER GOVERNMENT OFFICES. -- At the


end of each quarter, the secretariat shall prepare a list of identified professional squatters
and squatting syndicates and furnish the same to the DSHUD, CHR, NHA, PNP, PAO,
and Office of the President for information and proper disposition.
RULE VII.
THE SECRETARIAT

SECTION 1. THE SECRETARIAT. – There shall be a secretariat to be presided by a


representative designated by the Housing Community Development and Resettlement
Department (HCDRD).

SECTION 2. FILING OF PLEADINGS AND DOCUMENTS. – Pleadings,


documents, and all other matters brought to the Committee shall be filed with the
Secretariat, which shall keep a complete file thereof and be responsible therefor.

SECTION 3. CUSTODY OF PLEADINGS AND DOCUMENTS. – The Secretariat


shall have custody of all the records of the proceedings of the Committee including a
compilation of copies of all resolutions, orders, and decisions issued by the Committee,
exhibits, documentary evidence, case folders, and files of the same.

SECTION 4. RELEASING OF COMMUNICATIONS, ISSUANCES, AND OTHER


MATTERS. – All communications and/or issuances pertaining to the Committee and
other matters before it shall be released only thru the Secretariat which shall keep a record
and/or file a copy thereof and be responsible therefor.

SECTION 5. TRANSMITTAL OF LIST. – The Secretariat shall be in charge of the


quarterly transmittal of the list mentioned in Section 5 of Rule VI to the DSHUD, CHR,
NHA, PNP, PAO, and Office of the President for information and proper disposition.

RULE VIII.
PROCEDURE BEFORE THE BARANGAY ANTI-SQUATTING UNIT (BAU)

SECTION 1. INVESTIGATION. -- Upon receipt of information of acts constituting


professional squatting and/or acts by squatting syndicates in the barangay, the BAU shall
designate investigation officer(s) to conduct a fact-finding investigation in order to verify
the information submitted before the BAU.

The BAU may conduct an ex parte examination of records and documents submitted
before it as well as documents readily available from other government offices.

If necessary, the BAU may require the appearance of any person for a scheduled
conference to obtain information pertinent to the case and where it may propound
clarificatory and other relevant questions.

The BAU shall commence the investigation not later than five (5) days from receipt of
the information and shall be terminated within twenty (20) days thereafter, or within the
period to be determined by the BAU.

SECTION 2. INVESTIGATION REPORT. -- If, upon investigation, the BAU


determines that a prima facie case exists against the person(s) complained of, the
investigating officer shall prepare a report in accordance with Section 2.2 of Rule IV
within five (5) days from the termination of the fact-finding investigation. This report
shall contain a recommendation of the appropriate course of action to be taken by the
QC-CASSPS and must be approved by the BAU.

The findings of the BAU are merely recommendatory and shall not be binding upon
the QC-CASSPS.

SECTION 3. CERTIFICATION AND BARANGAY RESOLUTION- Prior referral


to the QC-CASSPS, all investigation reports approved by the BAU must be certified by
the Punong Barangay and affirmed through a Barangay Resolution. Thereafter, the
investigation report, certification, barangay resolution, and the complete records of the
case shall be forwarded to the QC-CASSPS for proper disposition.

SECTION 4. TRANSMITTAL OF RECORDS- The records of the case shall contain,


among others, a table of contents, all original reports filed, notices, orders, proofs of
service, written summaries of the conferences and/or meetings, which shall all be
numbered consecutively and initialed by the Punong Barangay or his authorized
representative on each and every page thereof.

SECTION 5. CONFIDENTIALITY- The BAU shall ensure at all times the


confidentiality of the entire proceedings including all information that comes to its
knowledge and possession.

RULE IX.
PENALTIES

SECTION 1. PENALTIES. – In case of violation of any of the provisions of this


guidelines, the following penalties shall be imposed as follows:

A. The individual or group(s) determined to be professional squatter(s) or squatting


syndicates shall be perpetually disqualified from any of the housing programs of the
Quezon City Government. His eligibility shall be cancelled and stricken off from the list
of persons considered for entitlement to housing programs of the Quezon City
Government.

B. In the event that the individual or group was previously regarded as a beneficiary,
he or she shall be disqualified thereof and summarily evicted.

C. The case will be endorsed to the City Legal Department for the summary
demolition of the illegal structure and filing of the appropriate case against the
respondents.

In case of summary demolition, the same shall be exempted from a certificate of


Compliance pursuant to DILG MC 2009-05.

D. In case any government employee or public official, is found to be liable as a


professional squatting or squatting syndicate or aids or abets in the commission thereof
the case will be endorsed to the City Legal Department for proper disposition as to the
administrative liability of the government employee or official.
The provisions of this section are without prejudice to the application of the existing
penalties under pertinent laws related thereto.

RULE X.
MISCELANEOUS PROVISIONS.

SECTION 1. SEPARABILITY PROVISIONS. – If, for any reason, any portion or


provision of these guidelines is declared unconstitutional or invalid, no other provision
of this guidelines shall be affected thereby.

SECTION 2. EFFECTIVITY. -- This Implementing Guidelines shall take effect fifteen


(15) days after the date of its posting in conspicuous places within the Quezon City Hall.

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