Guidelines on demolition pushed

Cebu City Councilor Alvin Dizon is pushing for a measure that lays down comprehensive guidelines in clearing residential structures in any public property used by underprivileged individuals.

The proposal came amid the clearing operations at Doña Pepang Cemetery in Barangay Tejero that affected at least nine illegal structures.

“This is an ordinance to serve as guidelines in order to strengthen urban land reform law implementation at the local level. We want to put a stop on executing demolition without proper and adequate relocation for affected informal settlers,” said Dizon.

Dizon, who chairs the Committee on Housing, said the proposed ordinance seeks to provide “mandatory requirements for valid execution of eviction and demolition orders involving underprivileged residents occupying in public lots.”

In an interview, he cited a provision of Republic Act No. 7279 or the Urban Develop- ment and Housing Act of 1992.

“The law is clear… relocation and resettlement sites should be provided in cases of demolition,” Dizon said, adding that it is important to include and integrate the urban poor constituents whenever development and beautification project is undertaken by the city government.

With Doña Pepang Cemetery to be converted into a heritage park, Dizon criticized the city government’s demolition of residential structures despite plea from the City Council to suspend the clearing operation pending the executive session scheduled on August 11 to discuss the matter.

The proposed ordinance also cited a provision under Executive Order No. 152 issued in 2012, stating that the concerned department or agency is required to provide adequate consultation with the affected families; and adequate resettlement site and relocation facility.

Dizon wanted to emphasize that the certain provision will grant an “alternative dwelling for the affected residents to start anew.”

If approved, the ordinance will be named as “An Ordinance Providing for the Guidelines in the Clearing or Demolition of Dwelling in Public Lands within the City of Cebu.”

This ordinance shall apply in voluntary, extrajudicial and summary clearing or eviction of structures situated on danger zones, public places and areas where government infrastructure projects are about to be implemented.

Danger zones include estuaries, railroad tracks, garbage dumps, riverbanks, shorelines, waterways and others; while public places include sidewalks, roads, parks, public cemeteries, playgrounds, among others.

The proposed ordinance shall not only cover the local government units, but also includes national government agencies or institutions that will enforce a clearing operation in a residential area involving the underprivileged individuals within the jurisdiction of the city.

The agencies are required to secure a Certificate of Compliance from the Cebu City Hall’s Local Housing Board prior to any clearing operation. The application for the Certificate of Compliance shall be submitted to LHB at least 30 days prior to the intended clearing date.

The ordinance adopts the requirements on Summary Demolition and Administrative or Non-Summary Demolition both provided under the Department of the Interior and Local Government Memorandum Circular No. 2008-143.

The proposal was already referred to the City Council's committee on laws, ordinances, public accountability and good governance.