OFFICE OF THE SECRETARY DEPARTMENT ORDER NO.

________ TO: ALL CITY MAYORS, MUNICIPAL MAYORS, MEMBERS OF THE SANGGUNIANG PANLUNGSOD, SANGGUNIANG BAYAN, AND DILG REGIONAL DIRECTORS SUBJECT: DATE : SOCIAL PREPARATION PRIOR TO EVICTION MARCH 2, 2012

WHEREAS Section 10 of Article XIII of the Constitution does not allow the eviction of urban or rural poor dwellers except in accordance with law and in a just and humane manner, and, that no resettlement of the same urban or rural poor dwellers may be done without prior consultation with them and the communities to which they belong;

WHEREAS there is a still-existing and prevalent problem with informal settling among the urban and rural poor and the concomitant violence that comes with evicting them;

WHEREAS the aforementioned violence may be prevented through proper policies and procedures;

WHEREAS the involvement of the community itself is important in ensuring and maintaining the peacefulness of the eviction process;

WHEREAS Section 28 of Republic Act No. 7279, otherwise known as Urban Development and Housing Act of 1992 provides that the Department of Interior and Local Government and the Housing and Urban Development Coordinating Council shall jointly promulgate the necessary rules and regulations to carry out the eviction and/or demolition of urban or rural poor dwellers;

NOW, THEREFORE, pursuant to the aforementioned provisions, the following Order is hereby promulgated for the information, guidance and compliance of all concerned:

Section 1. Scope These preparatory rules shall only apply to evictions allowed under (a) and (b) Section 28 of Republic Act No. 7279:
Sec. 28. Eviction and Demolition. Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations: (a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds; (b) When government infrastructure projects with available funding are about to be implemented;

Section 2. Definition of Terms. a. Community Organizers shall refer to any person authorized to negotiate with informal settlers by the Local Housing Board. b. Local Housing Board shall refer to the bodies constituted by the LGUs pursuant to Section 3 of Executive Order 708, Series of 2008. c. Community Organization shall refer to the organized group of the members of the affected community, formed by the Community Organizers for the purpose of social preparation.

Section 3. Social Preparation a. Initial contact - Community Organizers designated by the Local Housing Board, shall initiate contact with the Barangay Captain of the community in which eviction proceedings are to take place. Both parties shall then agree to a meeting wherein the Community Organizers are to explain the reasons for eviction to the communities Barangay Captains. The Community Organizers shall be chosen by the Local Housing Board in accordance with the following qualifications: 1. Has at least finished secondary education; 2. Has capacity to relate well to the community and has moral integrity Those who meet the above qualifications shall attend training and seminars conducted by the local housing board before being deployed into the field. A former beneficiary of a local government resettlement program shall be preferred for this position.

b. Community Organization - The Community Organizers shall be tasked to create an organization, formed by members of the community, in which the eviction proceedings will take place. The Community Organizers shall provide for a means of selection of leaders of said organization, as they deem necessary. The said organization shall become the liaison between the Local Housing Board through the Community Organizers and the community to be evicted.

c. Dialogue - A minimum of three (3) dialogues shall be conducted by the Community Organizers with the affected community. The leaders of the Community Organization and the heads of the families that comprise the community shall attend these dialogues. The dialogues shall discuss (1) the reason for the eviction and (2) possible resettlement options. Discussion of the latter shall also include the enumeration and corresponding description of the basic services that will be made available to those affected immediately upon relocation, as provided in Section 21 of Republic Act 7279. The Eligibility Criteria for Socialized Housing Program Beneficiaries, as enumerated in Sec. 16 of the same law, shall also be made known to the affected community.

d. Survey - A survey shall be conducted by the community organizers to determine the number of families that will be affected by the eviction. It shall also preliminary determine the number of families who are qualified for resettlement under Section 16 of Republic Act 7279. The result of the surveys shall be forwarded to the HUDCC.

e. Information Campaign - Flyers and leaflets shall be distributed among the members of the community by Community Organizers, who shall have the discretion to appoint local residents to help with the dissemination. There shall be at least one (1) day allotted for an audio-visual presentation in a suitable location within the community, wherein the specific reason(s) for resettlement shall be explained to the parties to be evicted.

Section 4. Dissemination DILG field offices are directed to cause the widest dissemination of this Order to all LGUs.

Section 5. Penalty Clause Non-compliance by any of the pertinent local government officers with any of the above shall constitute gross negligence, punishable under Section 60 of Republic Act 7160 or the Local Government Code.

Section 6. Effectivity This Department Order shall take effect immediately upon publication in at least one newspaper of general circulation.

____________________________ (Sgd) JEJOMAR C. BINAY, SR. Chairman, Housing and Urban Development Coordinating Council

__________________________ (Sgd) JESSE M. ROBREDO Secretary, Department of Interior and Local Government