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6/23/2014 G.R. No. 107921

http://www.lawphil.net/judjuris/juri1993/jul1993/gr_107921_1993.html

Today is Monday, June 23, 2014

Republic of the PhilippinesSUPREME COURT

Manila

EN BANC

G.R. No. 107921 July 1, 1993

POLICE GENERAL LEVY MACASIANO (Ret.), in his capacity as the consultant of the Department of PublicWorks and Highways (DPWH) Task Force on Demolition and/or in his pe rsonal capacity as taxpayer,petitioner,vs.NATIONAL HOUSING AUTHORITY, HOUSING AND LAND USE REGULATORY BOARD and NATIONALMAPPING RESOURCES INFORMATION AUTHORITY, respondents.

R E S O L U T I O N

DAVIDE, JR., J.:

Petitioner seeks to have this Court declare as unconstitutional Sections 28 and 44 of Republic Act No. 7279,otherwise known as the Urban Development and Housing Act of 1992. He predicates his locust standi on his beinga consultant of the Department of Public Works and Highways (DPWH) pursuant to a Contract of Consultancy onOperation for Removal of Obstructions and Encroachments on Properties of Public Domain (executed immediatelyafter his retirement on 2 January 1992 from the Philippine National Police) and his being a taxpayer. As to the first,he alleges that said Sections 28 and 44 "contain the seeds of a ripening controversy that serve as drawback" tohis "tasks and duties regarding demolition of illegal structures"; because of the said sections, he "is unable to

continue the demolition of illegal structures which he assiduously and faithfully carried out in the past." 1 As a

taxpayer, he alleges that "he has a direct interest in seeing to it that public funds are properly and lawfully disbursed."2

Republic Act No. 7279 was approved on 24 March 1992 and published in the 4 May 1992 issue of the Official

Gazette.3The challenged provisions therein read as follows:

SEC. 28. Eviction and Demolition. Eviction or demolition as a practice shall be discouraged.Eviction or demolition, however, may be allowed under the following situations:

(a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps,riverbanks, shorlines, waterways, and other public places such as sidewalks, roads, parks andplaygrounds;

(b) When government infrastructure projects with available funding are about to be implemented; or

(c) When there is a court order for eviction and demolition.

In the execution of eviction or demolition orders involving underprivileged and homeless citizens, thefollowing shall be mandatory:

(1) Notice upon the affected persons or entities at least thirty (30) days prior to the date of eviction ordemolition;

(2) Adequate consultations on the matter of resettlement with the duly designated representatives ofthe families to be resettled and the affected communities in the areas where they are to be relocated;

(3) Presence of local government officials or their representatives during eviction or demolition;

(4) Proper identification of all persons taking part in the demolition;

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(5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays andduring good weather, unless the affected families consent otherwise;

(6) no use of heavy equipment for demolition except for structures that are permanent and ofconcrete materials;

(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of lawenforcement and observe proper disturbance control procedures; and

(8) Adequate relocation, whether temporary or permanent: Provided, however, That in cases ofeviction and demolition pursuant to a court order involving underprivileged and homeless citizens,

relocations shall be undertaken by the local government unit concerned and the National HousingAuthority with the assistance of other government agencies within forty-five(45) days from service ofnotice of final judgment by the court, after which period the said order shall be executed: Provided,further, That should relocation not be possible within the said period financial assistance in theamount equivalent to the prevailing minimum daily wage multiplied by sixty (60) days shall beextended to the affected families by the local government concerned.

The Department of the Interior and Local Government and the Housing and Urban DevelopmentCoordinating Council shall jointly promulgate the necessary rules and regulations to carry out theabove provision.

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