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MMDA told: No 30-day notice, no demolition

By Norman Bordadora
Philippine Daily Inquirer
First Posted 20:37:00 10/27/2009

Filed Under: Judiciary (system of justice), Police, Pollution

THE SUPREME COURT YESterday said its December 2008 order directing government agencies to clean up Manila Bay didn?t authorize the Metropolitan Manila Development Authority (MMDA) to evict illegal settlers without first giving them prior notice.

?While the MMDA?s zeal in improving the state of Manila?s drainage system and water bodies is laudable, this endeavor cannot go against the rights of those whose dwellings are in danger of being torn down,? the high court clarified.

The court resolution was prompted by a motion filed by an urban poor group which asked the court to clarify the MMDA?s authority to tear down illegal structures along waterways.

?Movants? fears are justified if there is truly a noncompliance with the rights accorded under the Lina Law,? the high tribunal said.

The Lina Law requires that people whose houses are set to be demolished should be notified 30 days before.

?At the very least, it must, thus, be emphasized that the Court?s ruling ? does not give the MMDA and other concerned government agencies the power to evict any individual from his or her home without first giving notice,? the court stressed.

At the same time, however, it ordered the MMDA to speed up the dismantling of illegal structures which contribute to pollution in the bay.

Last year, the high tribunal ordered the MMDA, Department of Environment and Natural Resources and six other government agencies to clean up Manila Bay in accordance with their mandate under existing laws.

It directed them to conduct a coordinated cleanup, restoration and preservation of the ?sea resource, playground and ? historical landmark.?

Sought for comment, the MMDA said the court merely reiterated its previous order for the cleanup, restoration and preservation of Manila Bay by different government agencies.

MMDA Assistant General Manager for Operations and legal counsel Emmanuel de Castro told the Inquirer that the resolution only emphasized the necessity of due process before the demolition of illegal structures along waterways which the MMDA has always abided by.

?We can notify them through the media, through publication. That?s when the 30-day notice begins,? he said.

De Castro stressed that the MMDA usually coordinated with local authorities on the setting up of relocation centers for affected families.

?They should also help us disseminate the information on the scheduled demolition,? he added. With Jeannette I. Andrade



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