CHAPTER I

THE PROBLEM
Introduction:
The prevalence of Informal Settlers, also known as Squatters, has been
an issue here in the Philippines for decades now; and has been the result of Poverty in
the country today. They are considered as one of the factors contributing to water and
land pollution in the country, since they make shanties near river banks and canals
where they would throw their filth in the water. Also, criminal syndicates make use of
squatter areas as their hideout and base of operations, since it would be difficult for law
enforcement to track them down once those syndicates hide in those areas.
This problem was addressed before when President Ferdinand Marcos
issued Presidential Decree 722, penalizing squatting and similar acts. The law punishes
Any person who, with the use of force, intimidation 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 for residential commercial or any other purposes, shall be punished by an
imprisonment ranging from six months to one year or a fine of not less than one thousand nor
more than five thousand pesos at the discretion of the court, with subsidiary imprisonment in
case of insolvency. If the offender is a corporation or association, the maximum penalty of five
years and the fine of five thousand pesos shall be imposed upon the president, director,
manager or managing partners thereof. However, On October 27, 1997, President Fidel V.

Ramos signed into law the Anti-Squatting Law Repeal Act of 1997. The law
decriminalized Squatting, making PD No. 722 obsolete. Although Professional
Squatting is considered as a crime under the Urban Development and Housing Act of
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1992, the law proved to be ineffective in distinguishing a professional squatter from a

squatter. Professional Squatters are defined as Individuals or groups who occupy lands
without the express consent of the landowner and who have sufficient income for legitimate
housing. The term shall also apply to persons who have previously been awarded home lots or
housing units by the Government but who sold, leased or transferred the same to settle illegally
in the same place or in another urban area, and non-bona fide occupants and intruders of lands
reserved for socialized housing. The term shall not apply to individuals or groups who simply
rent land and housing from professional squatters or squatting syndicates. Although

Professional Squatting is considered as a crime, it will not help address the problems of
squatters in the Metropolitan Area. It is only delaying what is inevitable.
The researcher believes that the Government should have not
decriminalized squatting. The Anti-Squatting Law needs to be reenacted in order to
address those issues stated above.
Statement of the Problem:
Main Problem:
Would the reenactment of P.D. No. 722, otherwise known as the AntiSquatting law, be necessary in order to reduce the rate of informal settlers in the
Philippines, especially in the Metropolitan Area?
Sub-Problem:
1. How does Anti-Squatting Laws help reduce criminal activities?
2. How does Anti-Squatting Laws help reduce the amount of Water and Land
Pollution?

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Definition of Terms:

1. SQUATTER- Any person who, with the use of force, intimidation 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 for residential
commercial or any other purposes. Synonymous with the term Informal Settler.
2. PROFESSIONAL SQUATTER- Individuals or groups who occupy lands without
the express consent of the landowner and who have sufficient income for
legitimate housing. The term shall also apply to persons who have previously
been awarded home lots or housing units by the Government but who sold,
leased or transferred the same to settle illegally in the same place or in another
urban area, and non-bona fide occupants and intruders of lands reserved for
socialized housing. The term shall not apply to individuals or groups who simply
rent land and housing from professional squatters or squatting syndicates.
3. SQUATTER AREAS- Those squatter areas found within urban areas, such as
Metro Manila, Metro Cebu, and all other Urban Cities.
Objectives and Significance of the Study:
The researcher wishes for the reenactment of P.D. No. 722, otherwise
known as the Anti-Squatting Law, for the purpose of reducing criminal activities in the
Philippines and the reduction of water and land pollution. The researcher believes that
the real intent of P.D. No. 722 is to discourage those who would wish to squat in areas
not allowed.
Some, if not most criminals came from squatter areas, especially those
found in the City of Manila, which is a haven for all squatters. The researcher believes
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that there is a relation between prevalence of criminal activities and the amount of
squatters within urbanized areas. If the Decree was ever again reenacted, then this
would contribute to the reduction of crime in the Philippines.
Lastly, squatters are large contributors to water and land pollution in this
country. By discouraging those to squat, then the environment may improve.
Limitation of the study:
This research confined itself to the Anti-Squatting Law and its effects on
crime rate in the Philippines and how the Anti-Squatting Law affects water and land
pollution in the country, and the necessity of ever being reenacted.

CHAPTER II
REVIEW OF RELATED LITERATURE
Review of Related Studies:

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All over the world, vagabonds, tramps, hobos and the squatters or
whatever term they are called, has become a common sight. There are also people who
are either homeless or who lives on the streets. In poor, third world or developing
countries, it is more common to see beggars, destitute, homeless, and the marginalized
urban poor. But there is one growing concern which has increase especially in the
Philippines Squatting. (xxx). According to the Metro Manila Inter-Agency Committee
on Informal Settlers (MMIAC), one out of every five residents in Metro Manila is a
squatter. As of 2007, the Inquirer quoted a report of the MMIAC saying that there are
more than 544,609 households of informal settlers in Metro Manila, representing 21% of
the total 2.6 million households population. Last 2010, news.yahoo.com stated that
Metro Manila, with a population density of 19,137 persons/sq.km. Is currently ranked
12th in the world. (xxx). (The Philippines), unfortunately, has a higher percentage of
professional squatters and squatting syndicates. Professional squatters, wont relocate
unless they are paid, before repeating the process. A syndicate, usually outsiders,
organizes the squatters association, giving assurances of protection from eviction. They
collect monthly membership fees from each family, threatening eviction from the colony
if anyone protests. The syndicates have lawyers and enforcement teams as protection
and they coaxed the members to become violent and difficult during eviction. (xxx). With
land area getting scarcer, squatters have become bolder by taking over the sides of
the river. This is very dangerous especially when the rainy season comes and tides are
high. Worse, the informal settlers have turned the rivers into a permanent, one-stop
toilet, wash and garbage area. It is a known fact that Metro Manila does not boast of a
large and effective waterway and sewerage system, and adding the squatting problems,

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the metropolis is always quickly flooded. Traffic becomes a nightmare, and the risk of
killer diseases like leptospirosis goes higher. Heavy or even Light Floods would
translate to millions of losses in government funds, infrastructure, international and local
businesses, livelihood, school & work time, and even lives.
According to, Celia V. Sanidad-Leones The current situation of crime
associated with urbanization: Problems experienced and countermeasures initiated in
the Philippines, (xxx) Many authorities in the field of criminal justice say that poverty is
a major cause of crime. This is not of course to say that it follows that a person who
wallows in wealth cannot be a criminal. Many crimes are committed even by the rich.
Furthermore, many people mired in poverty, have remained respectable and exemplary
citizens. It is evident that poverty Per Se is not the only reason or cause but it is a major
pre-dispositive factor. Nonetheless, the problem of massive poverty is the primary
breeding ground or root cause of crime in countries similarly situated as the Philippines.
Its concomitant deprivations and hardships are unemployment, underemployment, low
income and productivity, malnutrition, big families, rapid population growth rates, and
low standard of living. Crime rate appears to be notably higher in poorer neighborhoods
and in areas with high population density, deteriorated living conditions and
unemployment problems. People resort to crimes on the street to alleviate or escape
from their miseries and frustrations or to answer a need. Illustrative examples are
parents who sell their children to pedophiles or a father who resorts to robbery just so
he could buy medicine for his sick son. The urban poor are also plagued by among
others, the high cost of living, financial difficulties, unstable jobs, lack of capital, limited
educational opportunities, inadequate health and sanitation, and inadequate housing.
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National and local government planners and implementers therefore face increasing
demands for urban services like public transportation, garbage collection, piped water,
electricity, schools, health and transportation. A deterioration of living conditions in urban
areas has produced its share of crime, juvenile delinquency, drug addiction, prostitution,
mental illness, physical disability, suicides, family and personal disorganization,
environmental degradation, pollution, garbage and sewerage disposals, and traffic jams
and congestion.

Conceptual Framework:
In 1975, former President Ferdinand Marcos Presidential Decree 772 PD
(772), made prosecuting squatting and other criminal acts relatively easy. Under PD
772, squatting was clearly a criminal undertaking as Section 1 of the decree states. It is
under Marcoss administration, where thousands of squatters were successfully evicted
from land they illegally inhabited and jailed for their offense. PD 772 was repealed
when Republic Act No. 8368, the Anti-Squatting Law Repeal Act of 1997 took effect.
RA 8368 also authorized dismissal of all pending cases.
Rep. Amado S. Bagatsing (5th District, Manila), who authored House Bill
87, proposed an amendment to Republic Act 7279, otherwise known as the Urban
Development and Housing Act of 1992, which provides a comprehensive and continuing
urban development and housing program. House Bill 87 defines the illegal business of
squatter housing to include it in the countrys penal statute books. It also redefines
squatting syndicates to include racketeers. (xxx). The measure added mechanisms that
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limit the illegal activities of squatting racketeers or syndicates, defining the

circumstances that will constitute prima facie evidence or raised presumptions unless
disproved against them. The circumstances include the usage of fake and/or
manufactured transfer certificate of title or court decision, use of Spanish title or royal
decree that was declared by final judgment without force and effect or of a void
certificate of title, use of deed of assignment or certificate of occupancy or donation or
sale based on a Spanish title or royal decree that was declared null and void; and
organizing associations including cooperatives for the purpose of collecting membership
fees for financial gain. The penalty for professional squatters was augmented from sixyear imprisonment to prision mayor or imprisonment of six years and one day to 12
years. The bill was also increased the fine from P60,000 but not more than P100,000 to
P200,000 but not more than P500,00. On the other hand, the squatting racketeers or
member of squatting syndicates will suffer the penalty of reclusion perpetua or life
imprisonment. It added that any public official or employee who tolerates or permits the
commission of the crime will likewise be penalized with reclusion perpetua or life
imprisonment and permanent absolute disqualification from public office. Furthermore,
the measure provides relief to private property owners like small private property
owners whose land is occupied by the informal settlers by giving them methods for
relocation assistance to the squatters.
CHAPTER III
METHODOLOGY AND PROCEDURE

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The research shall follow a qualitative approach in order to learn the

effects of the Anti-Squatting Law on Crime Rates and Pollution. A qualitative approach is
the best means to obtain the necessary information needed for the research.
To do this, the researcher shall use Presidential Decree No. 72 as one of
its main sources, and make a historical review about it. The researcher shall also obtain
statistic reports on the number of Informal Settlers from 1975-2014 and compare
between the two. Also, the researcher will obtain Statistical Reports on Crime Rates
from 1975-2014, also comparing it between the two. Lastly, the researcher will use
Legal Texts and Jurisprudence on Environmental Laws, and Urban Development and
Housing Laws in order to make an analysis and criticism.

BIBLIOGRAPHY

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Primary Sources:

Presidential Decree No. 722 (Anti-Squatting Law of 1975)

Republic Act No. 7279 (Urban Development and Housing Act of 1992)
Republic Act No. 8368 (Anti-Squatting Law Repeal Act of 1997)

Secondary Sources:

Squatters: A Bane to the Philippine Social Infrastructure? (Part 1). (2013, August 30).
Retrieved January 3, 2016, from
https://cuervopropertyadvisory.wordpress.com/2013/08/30/squatters-a-bane-to-thephilippine-social-infrastructure-part-1/

Anti-professional squatting drive reinforced. (n.d.). Retrieved January 3, 2016, from

http://www.philstar.com/headlines/2015/04/10/1442360/anti-professional-squatting-drive-

reinforced
The current situation of crime associated with urbanization: Problems experienced and
countermeasures initiated in the Philippines by: Celia V. Sanidad-Leones

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