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LAWS on INFORMAL SETTLERS

Definition
Squatter

a person who settle on new especially public land without title; a person who takes unauthorized possession of unoccupied premises. (Oxford Dictionary)
Settlers - households occupying a lot rent-free without the consent of the owner. (National Census Office)

Informal

Laws affecting Informal Settlers


PD

772 or The Anti-Squatting Act of 1975


9 & 10, Article XIII of the 1987

Section

Constitution
RA

7279 or the Urban Development and


8368 or the Anti-Squatting Law Repeal

Housing Act of 1992 or The Lina Law


RA

Act of 1997

Other relevant provisions


Article Rule

281, 312 of the Revised Penal Code

70 of the 1997 Rules of Civil

Procedure
Civil

Liability for Damages under the Civil

Code

PD 772
The

law criminalizes squatting.

Penalizes

any person, corporation or association who, with the use of force or threat, or taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the latter against his will.

RA 8368
Congress

expressly repealed PD 772 and decriminalized squatting.


act likewise dismissed all cases

The

pending before the courts involving the presidential decree.


Was

considered by the legislature as a major piece of legislation on the countrys anti-poverty program.

Article XIII of 1987 Constitution

Article 9 - The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners.

Article XIII of 1987 Constitution

Article 10 - Urban or rural poor dwellers shall


not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner. No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated.

Article XIII of 1987 Constitution


The

focus of Section 9 is on the social housing program for the underprivileged and homeless citizens. This is coupled with the availability of basic services and adequate employment opportunities.
10 meanwhile is directed to the due process due to the urban or rural poor dwellers.

Section

RA 7279 - The Lina Law


The
a. b.

law classifies two kinds of informal settlers:


Professional Squatters Underprivileged and homeless citizens the

Two programs available for underprivileged and homeless citizens: a. Socialized Housing b. Community Mortgage Program

RA 7279 - The Lina Law


Professional Squatter Composition Individual or groups Income Capacity Has sufficient income for legitimate housing Underprivileged and homeless citizens Individuals or families Income or combined household income falls within the poverty threshold and do not own housing facilities.

Status under the law

Penalized

Beneficiaries

RA 7279 - The Lina Law


Professional Squatter Occupation on the Land Without express consent of the owner Underprivileged and homeless citizens No qualification made under the law

Likewise includes:

Previous owners of homelots or housing units by the government Non-bonafide occupants & intruders of lands reserved for socialized housing

Not previous owners of government homelots

Live in makeshift dwelling units and do not enjoy security of tenure

RA 7279 - The Lina Law


Professional Squatter Exception Those who rent land from the and hosing from classification professional squatters or squatting syndicates Underprivileged and homeless citizens

RA 7279 - The Lina Law


Coverage 1.

of the Act
including existing areas for

all lands in urban and urbanizable areas,

priority development sites;


2.

Other areas that may be identified by the LGUs for socialized housing.

RA 7279 - The Lina Law


Exemptions 1. 2. 3.

from the coverage: Those included in the coverage of Republic Act 6657; Those actually used for national defense and security of the State; Those used, reserved or otherwise set aside for government offices, facilities, and other installations

RA 7279 - The Lina Law


Exemptions 4.

5.

from the coverage: Those used or set aside necessary to maintain ecological balance or environmental protection; Those actually and primarily used for religious, charitable, or educational purposes, cultural and historical sites, hospitals and health centers, and cemeteries or memorial parks.

RA 7279 - The Lina Law


Exception

to the exemptions: 1. When the use or purpose of the lands has ceased to exist.

RA 7279 - The Lina Law


Priorities 1. 2. 3. 4.

in the acquisition of Land Those owned by the Government Alienable lands of the public domain Unregistered or abandoned and idle lands Those within the declared Areas for Priority Development, Zonal Improvement Program sites, and Slum Improvement & Resettlement Program sites which have not yet been acquired

RA 7279 - The Lina Law


Priorities 5. 6.

in the acquisition of Land Bagong Lipunan Improvement of Sites & Services (BLISS) sites not yet acquired; Privately-owned lands.
the priorities is not applicable: Where open-site development is found more practicable and advantageous to the beneficiaries.

Where

RA 7279 - The Lina Law


Modes 1. 2. 3.

4.
5. 6.

7.
8.

of Acquisition: Community mortgage Land swapping Land assembly or consolidation Land Banking Donation to the Government Joint-venture agreement Negotiated purchase Expropriation

RA 7279 - The Lina Law


Socialized

housing housing programs and projects covering houses and lots or homelots only undertaken by the Government or the private sector for the underprivileged and homeless citizens.
primary strategy to be undertaken by the Government

The

RA 7279 - The Lina Law


Who

are qualified to be beneficiaries?

Must be a Filipino citizen; Must be an underprivileged and homeless citizen; Must not own any real property; Must not be a professional squatter or a member of squatting syndicates

RA 7279 - The Lina Law


Basic
a) b) c) d)

Services required:

Potable water; Power and electricity; Sewerage facilities and an efficient and adequate solid waste disposal system; Access to primary roads and transportation facilities.

Livelihood

component:

Has to be located near areas where employment opportunities are accessible.

RA 7279 - The Lina Law


Other
a) b) c) d) e) f)

basic services:

Health Education Communications Security Recreation Relief and Welfare

NOTE: The basic services are to be provided at the most cost-efficient rates.

RA 7279 - The Lina Law


Penalties

for Professional Squatters and Squatting Syndicates Imprisonment not more than six (6) years Fine not less than Sixty thousand pesos (Php60,000.00) but not more than One hundred thousand pesos (Php100,000) Both, at the discretion of the court.

RA 7279 - The Lina Law


Community

Mortgage Program (CMP) a


associations of

mortgage financing program which assists legally organized

underprivileged and homeless citizens to


purchase and develop a tract of land under the concept of community ownership.

RA 7279 - The Lina Law


Primary

Objective of CMP to assist

residents of blighted or depressed areas to own the lots they occupy, or where

they
and

choose
homes

to
to

relocate
the extent

to,
of

and
their

eventually improve their neighborhood affordability.