laws on informal settlers.pptx

7/27/2019 LAWS on INFORMAL SETTLERS.pptx

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LAWS on

INFORMALSETTLERS


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Definition

Squattera person who settle on newespecially public land without title; aperson who takes unauthorized possession

of unoccupied premises. (OxfordDictionary)

Informal Settlers - households occupying

a lot rent-free without the consent of theowner. (National Census Office)


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Laws affecting Informal Settlers

PD 772 or The Anti-Squatting Act of 1975

Section 9 & 10, Article XIII of the 1987

Constitution

RA 7279 or the Urban Development and

Housing Act of 1992 or The Lina Law

RA 8368 or the Anti-Squatting Law Repeal

Act of 1997


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Other relevant provisions

Article 281, 312 of the Revised Penal Code

Rule 70 of the 1997 Rules of Civil

Procedure

Civil Liability for Damages under the Civil

Code


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PD 772

The law criminalizes squatting.

Penalizes any person, corporation orassociation who, with the use of force orthreat, or taking advantage of theabsence or tolerance of the landowner,succeeds in occupying or possessing theproperty of the latter against his will.


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RA 8368

Congress expressly repealed PD 772 and

decriminalized squatting.

The act likewise dismissed all casespending before the courts involving the

presidential decree.

Was considered by the legislature as a

major piece of legislation on the countrys

anti-poverty program.


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Article XIII of 1987 Constitution

Article 9 - The State shall, by law, and for thecommon good, undertake, in cooperationwith the private sector, a continuing programof urban land reform and housing which will

make available at affordable cost, decenthousing and basic services to underprivilegedand homeless citizens in urban centers andresettlement areas. It shall also promoteadequate employment opportunities to such

citizens. In the implementation of suchprogram the State shall respect the rights ofsmall property owners.


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Article 10 - Urban or rural poor dwellers shall

not be evicted nor their dwelling demolished,

except in accordance with law and in a just

and humane manner.

No resettlement of urban or rural dwellers shall

be undertaken without adequate

consultation with them and the communities

where they are to be relocated.


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The focus of Section 9 is on the socialhousing program for the underprivilegedand homeless citizens. This is coupled with

the availability of basic services andadequate employment opportunities.

Section 10 meanwhile is directed to the

due process due to the urban or ruralpoor dwellers.


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RA 7279 - The Lina Law

The law classifies two kinds of informalsettlers:

a. Professional Squatters

b. Underprivileged and homeless citizens

Two programs available for the

underprivileged and homeless citizens:

a. Socialized Housingb. Community Mortgage Program


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Professional Squatter Underprivileged andhomeless citizens

Composition Individual or groups Individuals or families

IncomeCapacity

Has sufficient incomefor legitimate housing

Income or combinedhousehold income fallswithin the povertythreshold and do notown housing facilities.

Status underthe law

Penalized Beneficiaries


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Occupation

on the Land

Without express

consent of the owner

No qualification made

under the law

Likewiseincludes:

Previous owners ofhomelots or housingunits by thegovernment

Non-bonafideoccupants & intrudersof lands reserved forsocialized housing

Not previous owners ofgovernment homelots

Live in makeshiftdwelling units and donot enjoy security oftenure


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Exception

from theclassification

Those who rent land

and hosing fromprofessional squattersor squattingsyndicates


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Coverage of the Act

1. all lands in urban and urbanizable

areas, including existing areas forpriority development sites;

2. Other areas that may be identified by

the LGUs for socialized housing.


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Exemptions from the coverage:

1. Those included in the coverage ofRepublic Act 6657;

2. Those actually used for nationaldefense and security of the State;

3. Those used, reserved or otherwise setaside for government offices, facilities,

and other installations


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Exemptions from the coverage:

4. Those used or set aside necessary tomaintain ecological balance or

environmental protection;5. Those actually and primarily used for

religious, charitable, or educationalpurposes, cultural and historical sites,

hospitals and health centers, andcemeteries or memorial parks.


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Exception to the exemptions:

1. When the use or purpose of the landshas ceased to exist.


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Priorities in the acquisition of Land

1. Those owned by the Government

2. Alienable lands of the public domain

3. Unregistered or abandoned and idlelands

4. Those within the declared Areas forPriority Development, Zonal

Improvement Program sites, and SlumImprovement & Resettlement Programsites which have not yet been acquired


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Priorities in the acquisition of Land

5. Bagong Lipunan Improvement of Sites& Services (BLISS) sites not yet acquired;

6. Privately-owned lands.

Where the priorities is not applicable:

Where open-site development is foundmore practicable and advantageousto the beneficiaries.


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Modes of Acquisition:

1. Community mortgage

2. Land swapping

3. Land assembly or consolidation

4. Land Banking

5. Donation to the Government

6. Joint-venture agreement7. Negotiated purchase

8. Expropriation


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Socialized housinghousing programsand projects covering houses and lots orhomelots only undertaken by the

Government or the private sector for theunderprivileged and homeless citizens.

The primary strategy to be undertaken by

the Government


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Who are qualified to be beneficiaries?

Must be a Filipino citizen;

Must be an underprivileged and homeless

citizen; Must not own any real property;

Must not be a professional squatter or a

member of squatting syndicates


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Basic Services required:

a) Potable water;

b) Power and electricity;

c) Sewerage facilities and an efficient andadequate solid waste disposal system;

d) Access to primary roads and

transportation facilities.

Livelihood component: Has to be located near areas where

employment opportunities are accessible.


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Other basic services:

a) Health

b) Education

c) Communicationsd) Security

e) Recreation

f) Relief and Welfare

NOTE: The basic services are to be providedat the most cost-efficient rates.


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Penalties for Professional Squatters andSquatting Syndicates

Imprisonmentnot more than six (6)

years Finenot less than Sixty thousand pesos

(Php60,000.00) but not more than Onehundred thousand pesos (Php100,000)

Both, at the discretion of the court.


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Community Mortgage Program (CMP)a

mortgage financing program which assists

legally organized associations of

underprivileged and homeless citizens to

purchase and develop a tract of land

under the concept of community

ownership.


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Primary Objective of CMP to assist

residents of blighted or depressed areas

to own the lots they occupy, or where

they choose to relocate to, and

eventually improve their neighborhood

and homes to the extent of their

affordability.

laws on informal settlers.pptx

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