I read recently a report from our census office that our population is now at 88.6 million. My God. How are we going to feed ourselves, clothe ourselves, educate ourselves, and shelter ourselves? And everybody wants to go to Manila because, just like Dick Whittington, we think that the streets of Manila are paved in gold. Unfortunately, many of our kababayans from the provinces find themselves, as a result, living in shanties or barong-barongs alongside esteros, railroad tracks, and even sewage and garbage dumps. Can these settlers be evicted and their homes demolished? In a word, yes. They are squatters and are not as protected as they may have been assured by the squatting syndicates; worse, they may find themselves classified as professional squatters, thereby finding that they will not be eligible for any of the “benefits” under Republic Act No. 7279, otherwise known as the Urban Development and Housing Act.

The basic policy of the law is to “uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement areas by making available to them decent housing at affordable cost, basic services, and employment opportunities.” The “underprivileged and homeless citizen” must be residing in an urban area, his combined household income falls within the poverty threshold as defined by the NEDA, and he does not own “housing facilities.” “Socialized housing” refers to housing programs and projects undertaken for the citizens priorly defined. A “professional squatter” is one who occupies land “without the express consent” of the landowner and has sufficient income to pay for “legitimate housing.” The term includes a person who has been previously awarded a home lot or a housing unit by the Government but has illegally sold or transferred the same. A “squatting syndicate” is engaged in the business of squatter housing for profit or gain.

Once the concerned local government unit has identified the professional squatters or the squatting syndicates, the people living in the area can be summarily evicted from their homes and the homes or structures can be demolished. The professional squatters and members of the squatting syndicate will not be eligible for resettlement and face imprisonment of up to six years and a dine of up to 100,000.00 pesos. The law says that Government should not evict and demolish as a practice, because local government units can try and buy the land from the landowners, but, there will be eviction and demolition when people are living in danger areas such as railroad tracks, garbage dumps (landslides can occur), riverbanks, and other water areas, and, of course, on public sidewalks. Government will also evict and demolish when it is about to start an infrastructure project (that has funding available), and when there is a court order for eviction and demolition. Settlers must be allowed to attend a consultation and must be given 30-days notice prior to eviction, which can only take place in good weather and during office hours on working days (that is, Mondays to Fridays). There must also be a relocation plan so that the settlers have somewhere to live.

How can a settler be qualified for socialized housing? He must be a Filipino citizen who is “underprivileged” or “homeless.” He must not be a professional squatter or a member of a squatting syndicate, nor must he own any property anywhere in the country or abroad. Unsaid is that he must have some income every month as he has to pay the amortization costs of his new home. Housing does not come free. What does? By the way, all relocation projects must have potable water, power and electricity, sewerage facilities, and access to primary roads and transportation facilities.

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