Courts to provide QC govt with data on evictions
Informal settlers clash with police as authorities tried to implement a court order to demolish shanties in at Old Balara along Commonwealth Avenue in Quezon City. INQUIRER/ MARIANNE BERMUDEZ
MANILA, Philippines – In a bid to avoid unruly and potentially violent situations especially in slum areas, the courts in Quezon City have agreed to furnish the city government with documents and orders on evictions and demolitions.
This is stated in a memorandum of understanding between city and court officials to ensure a more orderly manner of executing eviction or demolition orders especially in areas where squatters or the so-called informal settlers thrive.
Quezon City Mayor Herbert Bautista signed the agreement with Regional Trial Court Executive Judge Ma. Luisa Q. Padilla and Metropolitan Trial Court Executive Judge Nadine Jessica Corazon Fama last week.
Previous evictions and demolitions, particularly in the Quezon City slums, were marred by violence and opposition on the part of the residents fighting for their shanties and makeshift homes.
Last year, squatters armed with rocks pelted a team out to demolish their shanties, causing heavy traffic along EDSA near two major malls in Quezon City.
With the courts furnishing City Hall with such documents, the executive and judicial branches of government hope to lessen unruly incidents associated with the execution of court demolition orders, especially in the slums.
Under the agreement, the courts will provide city officials copies of motions for the issuance of writs of executions or demolitions filed with or issued by the local courts.
Aside from writs of execution on demolitions or evictions, the courts will be also furnish notices of hearings of petitions for the issuance of writs of possession and writs of execution of eviction procedures.
The city government also promised to consult with representatives of the affected families on matters concerning resettlement of informal settlers and demolition of their homes.
If the writ of execution involves private property, the city government, with the court sheriff or any court-authorized representative, will coordinate with the National Housing Authority or the property owner with a view to identify possible relocation sites for the affected families to prevent the evicted residents from illegally occupying roads, streets or other government properties.
The agreement is aimed at ensuring that provisions of Republic Act 7279 or the Urban Development and Housing Act are followed.
The UDHA requires that a notice be issued to the concerned parties a month before the eviction or demolition, and that any such eviction or demolition would be implemented only during regular office hours and in good weather.
The law also requires that policemen and other authorities in an eviction or demolition weare the proper uniforms and carry visible identification cards.
