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 Authority’s (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. Authority – refers to the National Housing Authority.

1.2. 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.

1.3. Eviction – refers to the removal of illegal occupants and their

belongings without the necessity of judicial order.

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.
 1.5. 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.

1.6. 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.

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 latter’s 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:

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 Authority’s 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:
Page 2 of 11
 3.1. The Project Office must ensure that pertinent Memoranda
Circular and other issuances of the Authority have been
complied with.

3.2 The Project Office shall provide adequate information on

options available for the illegal occupants.

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:

(a) Direct, manage and coordinate all eviction and

dismantling activities;
(b) 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;
(c) Organize and conduct orientation for the
Manpower Assistance Team (MAT) who will
undertake the actual eviction and/or dismantling;
(d) Create the Project Inter-Agency Committee
(PIAC);
(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;
Page 3 of 11
 (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.

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

4.1.3. Inter-Agency Coordination

(a) Notice to PIAC and other stakeholders. A letter-

advisory 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.

(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.

Page 4 of 11
 (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. Legal basis and reason(s) for eviction

and/or dismantling;
2. Advantages of voluntary eviction and/or
dismantling; and
3. 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).

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

Page 5 of 11
 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 Act’s 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.

(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.

Page 6 of 11
 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

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.

Page 7 of 11
 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 occupant’s 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
the same after their removal from the subject
unit/structure.

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

Page 8 of 11
 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
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

Page 9 of 11
 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:

(a) Office of the NHA General Manager/Assistant

General Manager

(b) Area Management Office

(c) PIAC members
(d) 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.

VI. 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.

VII. CENTRAL MONITORING UNIT – The Resettlement and Development

Services Department shall be the Central Monitoring Unit.

VIII. SUPERSEDING CLAUSE – This Memorandum Circular supersedes

Memorandum Circular No. 60 dated 14 August 1978.
Page 10 of 11
IX. 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.

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
___________________

Page 11 of 11