EXCERPTS FROM THE MINUTES OF THE 120TH REGULAR SESSION OF THE 6th SANGGUNIANG PANLUNGSOD BATCH 2016-2019 OF THE CITY OF TABACO HELD AT THE SESSION HALL, LOCATED AT THE THIRD FLOOR TABACO CITY HALL ANNEX BUILDING ON NOVEMBER 20, 2018.
Hon. Luis Renir B. Burce President Pro-Tempore & Member,
Hon. Sheina Marie C. Onrubia Floor Leader & Member,
Hon. John Gio Ong-Bongao Assistant Floor Leader & Member,
Hon. Arnaldo B. Bragais Member,
Hon. Raul Roi B. Borejon Acting City Vice Mayor & Member,
Hon. Oscar R. Rocha Member,
Hon. Julio C. Azada Chua, Jr. Member,
Hon. Hector D. Rodriguez Member,
Hon. Danilo C. Buenconsejo Member,
Hon. Eddie S. Perol Pres., LMB & Member.
Hon. Allan Earvin S. Burce Pres., SK Pederasyon & Member.
On Official Business:
Hon. Roderick P. Martirez Member,
Acting City Mayor:
Hon. Nestor T. San Pablo City Vice Mayor & Presiding Officer.
Proponent: HON. LUIS RENIR B. BURCE
City Ordinance No. 023- 2018
AN ORDINANCE ESTABLISHING AN INSTITUTIONAL MECHANISM TO ERADICATE THE ILLEGAL ACTIVITIES OF PROFESSIONAL SQUATTING SYNDICATES AND SQUATTERS, PENALIZING SQUATTING AND OTHER SIMILAR ACTS AND PROVIDING FUNDS THEREOF AND FOR OTHER PURPOSES.
BE IT ORDAINED by the Sangguniang Panlungsod of Tabaco, that:
SECTION 1. TITLE. This Ordinance shall be known as the “ANTI-PROFESSIONAL SQUATTING SYNDICATES AND SQUATTERS’ ORDINANCE OF THE CITY OF TABACO”.
SECTION 2. DECLARATION OF POLICY. It shall be the policy of the City of Tabaco to curtail the nefarious and illegal activities of professional squatters and squatting syndicates, to discourage informal settling, and construction of illegal structures and dwellings.
SECTION 3. AUTHORITY. This Ordinance is enacted pursuant to Section 458 (2)(vi) and Section 391 (18) of the Local Government Code of 1991; Section 27 of Republic Act No. 7279 (Urban Development and Housing Act of 1992); Executive Order 129, S. 1993 (Establishing an Institutional Mechanism to Curtail the Activities of Professional Squatting Syndicates and Professional Squatters and Intensifying the Drive Against Them); and Department of the Interior and Local Government (DILG) Memorandum Circular No. 2012-04.
SECTION 4. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall be defined as follows:
- DWELLING – refers to a self-contained unit of accommodation used by one or more households as a home, such as a house, apartment, mobile home, or other substantial structure.
- ON-GOING CONSTRUCTION – refers to the actual, present, and new construction of structure herein defined. It does not include the renovation or repair of the structure already constructed or finished prior to the effectivity of this Ordinance.
- PRIVATE LAND – any land belonging to any private person or entity which includes alienable & disposable (A&D) lands being claimed by a holder, claimant or occupant who has already acquired a vested right thereto under the law, although the corresponding certificate or evidence of title or patent has not been actually issued.
- PUBLIC LAND – refers to those lands which have not been titled as well as those public domains or outside the commerce of man such as but not limited to roads, public plaza, rivers, protected areas and any other land not acquired by private person or corporation, either by grant or purchase.
- PROFESSIONAL SQUATTERS – refers to 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 homelots 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.
- REGISTERED LANDOWNER – refers to the owner of the land whose name appears in the land title registered in the appropriate Registry of Deeds.
- SQUATTING SYNDICATE – refers to group of persons engaged in the business of squatter housing for profit or gain.
- STRUCTURE – refers to all types of building, improvement, residential unit, wall, fence, or other structures of similar characteristics or nature which are adhered to the soil, but not include trees, plants, and growing fruits, and other fixtures that are mere impositions on the land.
- UNDERPRIVILEGED AND HOMELESS CITIZENS – refers to the beneficiaries of this Act and to individuals or families residing in urban and urbanizable areas whose income falls within the poverty threshold as defined by the National Economic and Development Authority (NEDA) and who do not own housing facilities. This shall include those who live in makeshift dwelling units and do not enjoy security of tenure.
SECTION 5. PROHIBITED ACTS. It shall be unlawful for any person or group of persons who:
- Have previously been granted or awarded with lands or home lots, or housing units by the government whether local or national, but who sold, leased or transferred the same to settle illegally or in another urban area, and non-bona fide occupants and intruders of lands reserved for socialized housing;
- Construct and/or builds any structure in public land or land owned by the City without the necessary permit;
- Construct and/or builds any structure in a privately owned lot without the express consent/approval of the registered owner;
- With the use of force, intimidation or threat, stealth or strategy, or taking advantage of the absence or tolerance of the registered owner, occupies or possesses the property without the consent or will of the owner.
SECTION 6. PENALTIES. For the purpose of this Ordinance, any and all violation of this Ordinance shall be meted out with the following fines and penalties:
- For violation of Section 5 thereof, the imposable penalty shall be a fine of not less than Five Thousand Pesos (₱ 5,000.00) or one (1) year imprisonment or both at the discretion of the court; and
- For Barangay Officials who directly or indirectly permit professional squatters or members of squatting syndicates to occupy public or private owned lands or allow, abet or otherwise tolerate the construction of any structure in violation of the preceding section within their territorial or administrative jurisdiction shall be meted with administrative sanctions as provided for in the Administrative Code of 1987, Republic Act No. 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, Republic Act No. 3019 of the Anti-Graft and Corrupt Practices Act, Republic Act No. 7279 of the Urban Development and Housing Act of 1992, after the observance of substantive and procedural due process provided by law.
SECTION 7. CREATION OF TABACO CITY TASK FORCE AGAINST SQUATTING SYNDICATES AND PROFESSIONAL SQUATTERS (TABASS). There shall be created a Task Force against Professional Squatters and Squatting Syndicates in the City of Tabaco which shall be composed of the following:
Chairman: – City Mayor
Members: – Chief of Police, PNP Tabaco with permanent alternate
- City Legal Officer
- City Social Welfare and Development Officer with permanent
- City Building Official with permanent alternate
- City Engineer with permanent alternate
- City Environment and Natural Resources Officer with permanent
- City Planning and Development Coordinator with permanent alternate
- City Disaster Risk and Reduction Management Officer with permanent alternate
- City Assessor with permanent alternate
- Public Safety Officer with permanent representative
- SP Chairperson, Committee on Human Rights (CHR)
- City Local Government Operations Officer with permanent representative
- City Prosecutor with permanent representative
- Chairperson, SP Committee on Urban Poor and Housing
- Chairperson, SP Committee on Peace and Order
- Liga ng mga Barangay (LMB) President
- Presidential Commission for the Urban Poor (PCUP) – Duly Accredited Urban Poor Organization within the City with permanent alternate
- Housing and Urban Development Coordinating Council (HUDCC) Regional Office No. 5 Representative
- Representative from the Private Sector
Secretariat: – Urban and Rural Poor Affairs Office (URPAO)
SECTION 8. POWERS AND FUNCTIONS OF TABACO CITY TASK FORCE AGAINST SQUATTING SYNDICATES AND PROFESSIONAL SQUATTERS (TABASS). The TABASS shall have the following powers and functions:
- Adopt the necessary measures to identify and effectively curtail the activities of professional squatters and squatting syndicates, including the names of public officials and/or private individuals or entities suspected of abetting or tolerating the commission of said acts;
- Provide the Housing and Urban Development Coordinating Council (HUDCC) and the National Housing Authority (NHA) copies of the list of identified professional squatters and squatting syndicates in order to safeguard against their inclusion in future government housing programs/projects and recommend their disqualifications in existing programs;
- Provide legal assistance to victims of professional squatters and squatting syndicates, giving priority to small property owners, and make available, through the Philippine National Police (PNP) and Department of Justice (DOJ) a consolidated list of professional squatters and squatting syndicate.
- File or assist the complainant in filing the appropriate charges before the Prosecutor’s Office;
- Undertake investigation of cases of violation of laws or rules on eviction and demolition forwarded to it and recommend appropriate actions on the same to the concerned agencies;
- Summarily evict the offenders and demolish the dwelling structures in accordance with Section 11.
- Monitor eviction and demolition activities and establish its own monitoring system;
- Provide assistance to barangay concerned in the conduct of the eviction and demolition of illegal dwelling and structures;
- Submit reports to the Housing and Urban Development Coordinating Council (HUDCC) and to the Office of the President, copy furnished the concerned agencies involved in the implementation of Republic Act No. 7279;
- Request for assistance from any government entity, if necessary; and
- Perform other functions which are necessary, inherent and implied to realize the objective of this Ordinance.
SECTION 9. MANDATE OF PUNONG BARANGAYS. Upon the effectivity of this Ordinance, all Punong Barangays are hereby mandated to:
- Conduct monitoring, investigation and inventory of all informal settlers and illegal squatters along the public and private lots within their territorial jurisdiction, including the name of any individual, public official and/or private entities suspected of abetting or tolerating the commission of activities of professional squatters and squatting syndicates, and shall submit to TABASS for necessary activities to curtail such acts.
- Prohibit informal settling and putting up of illegal structures along public and privately owned lots and summarily evict all persons engaged in any construction of any structure within the territorial jurisdiction of the Barangay concerned, without the express consent of the registered landowner and the necessary permit from the city government.
- Create the Barangay Task Force on Illegal Structures and Informal Settlers which would assist the Office of the Punong Barangay to monitor and investigate any activities of professional squatters and squatting syndicates.
SECTION 10. SELF-DEMOLITION AND REMOVAL OF VALUABLE THINGS. Upon discovery or receipt of a complaint or report of the on-going illegal construction of dwelling or structure, the Office of the Punong Barangay concerned or the Office of the Building Official shall, motu proprio, conduct an investigation and summon the owner or builder of the structure to appear in person within thirty-six (36) hours from receipt of the summon thereof. And, if evidence so warrants, the Office shall notify the owner/builder of the illegal structure to dismantle it, and to vacate the premises and bring with him all his valuable, materials and debris within three (3) days from receipt of notice.
SECTION 11. SUMMARY DEMOLITION OF STRUCTURES the TABASS shall cause the summary demolition of structures in the following cases:
- 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;
- When government infrastructure projects with available funding are about to be implemented; or
- When there is a court order for eviction and demolition in accordance with the requirements enumerated in Section 28 of Republic Act No.7279.
SECTION 12. CONFISCATION OF MATERIALS. Construction materials of the structure shall be confiscated in favor of the barangay should the owner thereof fails to claim the same within a period of three (3) days after the summary demolition referred to in the preceding section.
SECTION 13. JOINT ACTIVITY REPORT. The Punong Barangay concerned and the City Engineer/City Building Official shall submit a Joint Activity Report to the Office of the City Mayor, briefly stating the vital information and the circumstances surrounding the issuance of CDO.
SECTION 14. APPROPRIATION. There shall be appropriated an amount of One Million Pesos (₱ 1,000,000.00) annually for the implementation of this Ordinance, and such amount shall be charged under the Office of the City Mayor.
SECTION 15. SEPARABILITY CLAUSE. If any provision of this Ordinance is declared invalid or unconstitutional, all other provisions hereof not affected thereby shall continue to remain in full force or effect.
SECTION 16. REPEALING CLAUSE. Any ordinance, executive order and other rules and regulations, or parts thereof, in conflict with or inconsistent with the provision of this ordinance are hereby repealed or modified accordingly.
SECTION 17. EFFECTIVITY. This Ordinance shall take effect fifteen (15) days after its publication in a local newspaper of general circulation within premises of Tabaco City.
APPROVED, this 20th day of November 2018.
We hereby certify to the correctness of the foregoing Ordinance.
LUIS RENIR B. BURCE RAUL ROI B. BOREJON
Proponent Acting Chairman to the Session
GLENDA B. PANTI
Secretary to the Sangguniang Panlungsod
NESTOR T. SAN PABLO
Acting City Mayor