Republic of the Philippines

DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT

Francisco Gold Condominium II
EDSA Cor. Mapagmahal St., Diliman
Quezon City

OFFICE OF THE SECRETARY

MEMORANDUM CIRCULAR
No.

To ALt PROVINCIAL GOVERNORS, CITY/MUNICIPAL MAYORS,

tocAl DEVELOPMENT COUNCTLS, LOCAL HOUSTNG BOARDS,
DILG REGIONAL DIRECTORS, PROVINCIAT/CITY DIRECTORS,
CLGOOS, MLGOOS, and ALL OTHERS CONCERNED

Re CLARIFICATION TO DILG MC No.2O1O.134

The Government's thrust to alleviate poverty through the implementation of

urban development reforms have been marred with disturbing issues on account of
unwarranted violence during the eviction and demolition activities involving informal
settlers.

Having first-hand experiences in dealing with the intricacies of eviction and

demolition in several areas in Metro Manila and other key cities, urban violence is
something that we cannot tolerate.

It is for this reason that a revisit of DILG Memorandum Circular No. 2010-
134 is needed and clarification to some unclear contents thereof be made for
better and smoother enforcement and guidance to all concerned.
Eviction or demolition, as a practice, shall be discouraged and under Section
28 of RA 7279 otherwise known as the Urban Development and Housing Act of 1992
(UDHA), such may be allowed may be allowed (a) when persons or entities occupy
danger areas such as esteros, railroad tracks, garbage dumps, riverbanks,
shorelines, waterways, and other public places such as sidewalks, roads, parks, and
playgrounds, (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, it is mandatory that the procedural requirements under Section 28
of RA 7279, as explicitly laid down in DILG MC No. 2O|O-I34, be strictly complied
with.

Similarly, Section 27 of RA 7160 pertains to the requirement of a prior

consultation before any national project or program is implemented within the
LGU's territorial jurisdiction. The provision mentioned further that occupants in
areas where such projects are to be implemented shall not be evicted unless
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appropriate relocation sites have been provided. Section 28 of RA 7279 reiterates

the same requirement for a relocation prior to eviction or demolition.

LGUs are giventhe mandate under RA 7279 to IMPLEMENT the said law. The
Implementing Rules and Regulations jointly issued by DILG and the Housing and
Urban Development Coordinating Council (HUDCC) remain in force. Further, LGUs
shall observe the guidelines set forth by HUDCC in "LGU's Guidebook for Local
H ousi ng P roject/ Prog ra m ".

LGUs are also enjoined to strictly enforce DILG MC No. 2OO8-143 and MC
No. 2OO9-O5 on the mandatory creation of the Local Housing Board and the
devolved function of the Presidential Commission for Urban Poor (PCUP) to LGUs
as the sole clearing house for eviction and demolition activities involving the
homeless and underprivileged citizens, pursuant to Executive Order No. 708 issued
on 26 February 2008.

The responsibility of the DILG Regional Director under DILG MC No. 2008-
I43 which requires the submission of quarterly reports to the Office the
Secretary regarding applications for certificates of compliance, eviction and
demolition activities as covered by the Local Housing Boards within their regional
assignments is hereby reinforced and reiterated.

At this juncture, we clarify the directive set forth in DILG MC No. 2010-134,
to wit:

"All DILG Regional/Provincial/City Directors,

CLGOOs and MLGOOs are directed to monitor full
compliance by the LGUs to this Circular, and take all
appropriate actions, including but not limited to,
issuance of timely order of suspension of administrative
demolitions/eviction pending review of proofs of
compliance to Section 28, RA 7279. Reports of actions
taken shall be immediately submitted to the Office of the
Secretary."

The above quoted directive to the officials concerned pertains to the authority
given to them to act without the need for prior clearance from the Secretary of the
Interior and Local Government (SILG) to avert arbitrary eviction or demolition by
taking courses of action thru proper coordination with appropriate government
agencies charged with the duty of causing the suspension of demolition or
eviction, if warranted under the circumstances.

On the pronouncement pertaining to the duty of the concerned LGUs in

relation to the case entitled"MMDA, et al., vs. Concerned Citizens of Manila Bay, et
al., G.R. Nos. 171947-48, 78 December 2008", we quote the full directive to DILG
by the Supreme Court:

"With respect to rioers, watenaays, anil estetos in Bulacan, Bataan,

Pampanga, Caaite, anil Laguna that discharge wastansater directly or
euentually into the Manila Bay, the DILG shall ilirect the concerned LGUs to
implement the demolition and remoaal of such structutes, constructions,
and other encroachments built in aiolation of RA 7279 and other applicable
laws in coordination with the DPWH and concerned agencies'"(emphasis
supplied)
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Wherefore, ir compliance to the aforesaid directive, the local chief

executives of BULACAN, PAMPANGA, CAVITE, and LAGUNA are hereby directed to
cause the implementation, if none has yet been made, of the demolition and
removal of structures, constructions, and other encroachments built in violation of
RA 7279 and other applicable laws in coordination with the DPWH and concerned
agencies.

M. ROBREDO
'ESSE Secretary

clarlflatory mc on evlctlon demolltlon

LS:55/06